QuestionsQuestions (Republic Act No. 8188)
RA 8188 increases the penalty and imposes double indemnity for violations of the prescribed wage increases or adjustments in the wage rates, made under the Wage Rationalization Act.
Section 12 of Republic Act No. 6727 (Wage Rationalization Act) was amended.
Any person or entity that refuses or fails to pay the prescribed increases or adjustments in wage rates in accordance with the Act.
A fine of not less than ₱25,000 nor more than ₱100,000 OR imprisonment of not less than 2 years nor more than 4 years, OR both, at the discretion of the court.
No. The law provides that any person convicted under RA 8188 is not entitled to the benefits provided for under the Probation Law.
The employer concerned must be ordered to pay an amount equivalent to double the unpaid benefits owed to the employees.
No. The law explicitly states that payment of indemnity does not absolve the employer from criminal liability imposable under the Act.
The penalty of imprisonment is imposed upon the entity’s responsible officers, including (but not limited to) the president, vice-president, CEO, general manager, managing director, or partner.
The responsible officers of the corporation or entity, such as the president, vice-president, chief executive officer, general manager, managing director, or partner—among others, as the law indicates.
RA 8188 amends Section 12 of RA 6727 to include both (1) criminal sanctions (fine and/or imprisonment) and (2) an order to pay double the unpaid benefits, while clarifying that paying indemnity does not remove criminal liability.
All laws, presidential decrees, executive orders, rules and regulations, or parts thereof inconsistent with RA 8188 are repealed or modified accordingly.
It takes effect fifteen (15) days after its complete publication in a newspaper of general circulation.
Fine: ₱25,000 to ₱100,000; Imprisonment: 2 to 4 years; either may be imposed, and both may be imposed at the court’s discretion.
Because RA 8188 provides both criminal punishment (fine and/or imprisonment) and a civil/monetary consequence (double indemnity), and it clarifies that satisfaction of indemnity does not erase criminal liability.