QuestionsQuestions (EXECUTIVE ORDER NO. 23)
EO No. 23 cites Section 8, Article III (freedom of association) and Section 3, Article XIII (workers’ rights to self-organization, collective bargaining/negotiations, and peaceful concerted activities, including the right to strike in accordance with law).
EO No. 23 invokes Article 253 (right to self-organization and to form/join/assist labor organizations for collective bargaining) and Article 257 (it is unlawful to restrain, coerce, discriminate against, or unduly interfere with employees in exercising the right to self-organization).
EO No. 23 refers to ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize), ratified on 29 December 1954, emphasizing the duty of member-states to take necessary and appropriate measures so workers and employers can exercise the right to organize freely.
EO No. 23 recites concerns over alleged acts of violence, extra-judicial killings, harassment, suppression of trade union rights, and red-tagging—allegedly committed by State agents targeting certain trade unions and workers’ organizations.
The HLTM in 2019 was created to inquire into reported incidents and assist immediate and effective Philippine action. Its four areas are: (i) measures to prevent violence related to legitimate worker activities; (ii) investigation of allegations of violence with facts, culpability, and punishment; (iii) operationalization of monitoring bodies; and (iv) measures ensuring workers can form and join organizations of their choosing, without distinction, consistent with ILO Convention No. 87.
EO No. 23 creates an Inter-Agency Committee for the Protection of the Freedom of Association and Right to Organize of Workers, tasked primarily to take necessary measures to address the four action areas and further foster the exercise of workers’ rights to freedom of association and to organize and bargain with full regard to human rights.
Chairperson: Executive Secretary; Vice Chairperson: DOLE; Members: Department of Justice, DILG, Department of National Defense, Department of Trade and Industry, National Security Council, and Philippine National Police.
DOLE serves as the Secretariat and provides technical and administrative support to the Inter-Agency Committee.
The committee may request the attendance or participation of other relevant agencies (e.g., the Civil Service Commission and Commission on Human Rights) when necessary to achieve EO objectives.
Examples include: (1) consolidating and evaluating reports and submitting a comprehensive report to the President with findings, recommendations, and actions taken; (2) developing a roadmap with priority areas, deliverables, responsibilities, and timeframes; (3) monitoring progress and ensuring speedy and impartial investigation, prosecution, and resolution; and (4) performing other functions directed by the President.
Within 30 days from issuance, concerned agencies must submit a report to the Inter-Agency Committee containing: (a) inventory/nature/status of cases and incidents and pending court cases involving alleged violations of rights, with a time-bound action plan; (b) inventory of community-based programs affecting unions/employers/workers; (c) inventory/status of cases involving agency personnel/State agents related to FOA and right to organize; (d) measures/initiatives and proposals to strengthen agency mechanisms; and (e) education/capacity-building and communications plan.
All concerned agencies must submit quarterly progress reports, in the form and manner prescribed by the Inter-Agency Committee.
Each concerned agency must designate a focal unit/office headed by an official not lower than an Undersecretary to monitor, evaluate, and report on implementation and progress of agency action plans and initiatives relating to freedom of association, right to organize, and collective bargaining.
Funding shall be charged against appropriate funding sources of the concerned agencies.
The unconstitutional/invalid portion is severed, while the other sections/provisions not otherwise affected remain in full force and effect (separability clause).
All issuances, orders, rules, or regulations (or parts thereof) inconsistent with EO No. 23 are repealed or modified accordingly.
EO No. 23 takes effect immediately (Section 8).
While EO No. 23 expressly lists members of the Inter-Agency Committee, it also refers to “concerned agencies” as those that must submit inventory/status reports and quarterly progress reports—at minimum the agencies in the committee (DOLE, DOJ, DILG, DND, DTI, NSC, PNP), plus any other relevant agencies the committee may involve for objectives.