Allegations: The complainant organizations allege a deteriorating labour rights
situation in the country, characterized by numerous incidents of extrajudicial killings of
trade union leaders and members, attempted assassinations, illegal arrests and detention,
red-tagging, harassment, intimidation and threats against unionists, as well as trade union
repression and intervention in union affairs. The complainants allege the Government’s
failure to adequately investigate these cases and bring the perpetrators to justice,
reinforcing the climate of impunity, violence and insecurity with its damaging effect on the
exercise of trade union rights
- 284. The Committee last examined this case (submitted in February 2016)
at its March 2025 meeting, when it presented an interim report to the Governing Body
[see 409th Report, paras 324–349, approved by the Governing Body at its 353rd Session].
- 285. The Government provided its observations in communications dated 15
September 2025 and 10 March 2026.
- 286. The Philippines has ratified the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise
and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case- 287. At its March 2025 meeting, the Committee made the following
recommendations [see 409th Report, para. 349]:
-
(a) Noting that the murder cases of Antonio “Dodong” Petalcorin, Emilio Rivera and Kagi Alimudin Lucman remain under monitoring by existing tripartite and governmental mechanisms, the Committee requests the Government to keep it informed of any progress made, including on its intensified efforts to implement the issued arrest warrants, as recommended by the Regional Tripartite Monitoring Body (RTMB). The Committee also requests the Government to indicate whether any concrete measures were taken to facilitate adequate compensation to families of the victims in these cases.
- (b) The Committee requests the Government to keep it informed of any developments in relation to the eventual reopening of archived cases concerning the killings of trade unionists reported in the additional allegations, including the case of Alexander Ceballos, where the Commission on Human Rights (CHR) found that union activities may have been the motive behind his killing. The Committee firmly expects the Government to prioritize the pending investigative or court proceedings into the killings of Julius Broce Barellano and Jose Jerry Catologo and to ensure that the possible link to freedom of association is duly taken into account. The Committee urges the Government to continue its efforts in combating violence against trade unionists, including by designing and implementing any necessary measures to this effect, such as clear guidance and instructions to all State officials, and training to the concerned officials on the handling of situations involving trade unions, as well as through full operationalization of national monitoring and investigative mechanisms and any other appropriate measures, including within the framework of the 2023 road map.
- (c) The Committee urges the Government to ensure that any criminal charges pending against trade unionists are dropped and any detained trade unionists immediately released, should their arrest or detention be connected to the legitimate exercise of their trade union rights. The Committee requests the Government to keep it informed of any developments concerning the pending criminal cases against unionists, as well as ongoing investigations by the RTMB and the CHR. The Committee also requests the Government to provide any relevant updates on the previously denounced arrest of Ireneo Atadero and Aiza Gamao and on the investigation into the attempted search of the residence of Ricky Chavez.
- (d) The Committee trusts that the Government will ensure that the Anti-Terrorism Act is not implemented in a manner so as to restrict legitimate union activities and related civil liberties and requests the Government to provide information on any related developments, including any supplementary measures proposed or taken to address the perceived policy of repression, labelling and vilification of trade unions, alleged by the complainants.
- (e) The Committee requests the Government to keep it informed of the outcome of the pending investigation into the incident of the Nexperia Philippines Inc. Workers’ Union NAFLU-KMU and of any concrete measures taken to address the repeated concerns expressed by the complainants in relation to red-tagging, harassment and intimidation of trade unionists. It also invites the complainants to provide to the competent authorities any relevant information in their possession that could allow the authorities to proceed with a comprehensive investigation of the incidents where the Government indicated that the RTMB or the CHR lacked sufficient information (detailed above). Finally, the Committee requests the Government to provide updated information on the above-mentioned allegations of intimidation, harassment and red-tagging on which no information had been provided.
- (f) The Committee urges the Government to take all necessary measures to ensure that workers’ strikes, as long as they remain peaceful, are not met with disproportionate use of force by the police or the military, including through continued and adapted training to the relevant State officials. The Committee also requests the Government to provide updated information on the allegations of violent strike dispersal to which no information had been provided and urges it to ensure the release of the unionists arrested following the above incidents should they be detained in relation to the legitimate exercise of their trade union activities.
- (g) Noting with interest the many initiatives taken since its last examination, the Committee requests the Government to keep it informed of the implementation of the 2024 Omnibus Guidelines on the Exercise of Freedom of Association and Civil Liberties and their impact on freedom of association and civil liberties. The Committee trusts that their strict application, coupled with other relevant measures and initiatives referred to by the Government, as well as its commitment to fully investigate and monitor any serious allegations of violations of civil liberties and freedom of association, will contribute to ensuring full respect of freedom of association by all State and non-State actors and thus to improving the environment for the exercise of trade union rights in the country.
- (h) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.
B. The Government’s reply
B. The Government’s reply- 288. In its communications dated 15 September 2025 and 10 March 2026, the
Government provides detailed information on the pending issues and emphasizes its
continued cooperation with ILO supervisory mechanisms, as well as its commitment to
resolving the pending cases in line with ILO recommendations.
- 289. In relation to the murders of Antonio Petalcorin, Emilio Rivera and
Kagi Alimudin Lucman, which were at the origin of this case, the Government indicates
that the cases remain under monitoring by the Executive Order No. 23 Inter-Agency
Committee to promote and protect freedom of association and the right to organize of
workers (EO 23 IAC) and the Regional Tripartite Monitoring Bodies (RTMBs) in Regions XI
and XII, with a view to bringing the perpetrators to justice. The law enforcement
agencies are required to provide updates to the EO 23 IAC and the RTMBs during their
quarterly meetings. However, even with intensified efforts, the resolution of these
cases faces serious obstacles due to the fact that the killings occurred more than a
decade ago, which affects the availability of additional witnesses and evidence. The
Government nevertheless continues to explore constructive approaches to pursue justice
beyond judicial remedies, including financial assistance to the victims’ families. In
particular, despite the decision of the Commission on Human Rights (CHR) not to
recommend financial assistance to the families (previously reported to the Committee),
the Department of Labour and Employment (DOLE) met with the CHR to discuss ways of
extending financial assistance to them and, in July 2025, formally requested the CHR to
explore the possibility of reopening the cases with a view to ensuring that the families
receive financial assistance. On 20 January 2026, the CHR denied the request, recalling
that it had previously made its findings of human rights violations in the cases of Mr
Rivera and Mr Petalcorin and terminated the case of Mr Lucman due to lack of evidence;
and therefore, in the absence of new evidence, it found no compelling basis to
reinvestigate the cases.
- 290. Notwithstanding the CHR’s decision, the DOLE will continue to pursue
transitional justice pursuant to the April 2025 Memorandum of Agreement (MOA) with the
CHR. This MOA seeks to implement the Labour Intervention for Financial and Economic
(LIFE) Assistance Project aimed at providing victims of harassment or violence and their
families access to immediate and sustainable financial and livelihood assistance towards
rehabilitation and recovery. Under the project, affected workers or their families may
be assisted through various measures: emergency employment, livelihood grants and
entrepreneurial support, employment programmes, skills training and workforce
development and scholarships. Under the MOA, the CHR will provide the DOLE with a list
of cases reported to it or investigated by it that involve human rights violations
committed against workers. The DOLE will then profile the alleged victims or their
families to determine their needs, assess their eligibility and assist them in preparing
any necessary documents. A final determination of human rights violations by the CHR or
a finding of criminal or civil liability by the courts is not a precondition to obtain
assistance under the LIFE project. The Government indicates that, as of August 2025, the
LIFE Assistance Project has provided assistance to more than 300 persons who are
supposedly members of the labour organizations that are complainants in this case,
including livelihood support, scholarships, skills training, emergency employment and
job placement services.
- 291. The Government informs that, in the context of the LIFE Assistance
Project, the RTMB-Region XI secretariat personally visited the family of Mr Rivera in
June 2025. Mr Rivera’s wife expressed an intent to avail herself of the livelihood
assistance but later indicated that she would finalize her decision on the timing and
type of assistance once her family had completed their relocation. The families of Mr
Petalcorin and Mr Lucman could not be located despite the DOLE’s efforts, coordination
with the CHR and the RTMB’s visits to their previous residences. Local administrative
units at the community level issued certificates confirming that both families had
relocated to an unknown location.
- 292. The Government further indicates that, in April 2025, it convened an
interface meeting with the social partners as part of the broader initiative to
continuously engage with them within the EO 23 IAC structure and in the context of the
Tripartite Roadmap on Freedom of Association. Participants were independently selected
by their respective groups. During the discussions, there were no demands from the
workers to continue monitoring the cases of Mr Petalcorin, Mr Rivera and Mr Lucman, and
no indication that these cases are being monitored by the Workers’ Rights Watch (WRW),
despite the fact that some of the complainants in this case are part thereof. The
Government recalls that the WRW initiative was established by the Workers’ group in May
2024 as part of its sectoral commitment under the tripartite road map to monitor and
respond to alleged violations of freedom of association. The EO 23 IAC nevertheless
agreed that the above cases must be prioritized to remain under monitoring.
- 293. With respect to the additional allegations submitted by the
complainants in March, June and September 2021, the Government makes general
observations on the Committee’s procedures and also provides information on the specific
pending incidents of alleged violations. Regarding its general observations, the
Government indicates that the Committee should only join additional allegations into one
case where this would enable it to obtain a fuller appreciation of the prevailing
circumstances in the country and where there is some indication that the additional
allegations form part of a series of acts purportedly carried out by the State to
restrict freedom of association – this would ensure the right of governments to due
process. Additional allegations which arise under a different context should be
addressed independently as a reasonable lapse of time breaks the nexus between the
original and the additional allegations. The joining of allegations without reasonable
procedural guarantees risks generalized conclusions by the Committee regarding the trade
union situation in the country, which is beyond the Committee’s scope. It also has
practical implications on the discharge of a government’s reporting obligations,
rendering it increasingly difficult to distinguish which matters have been sufficiently
addressed and which require further government action. It may also lead to a situation
where a case remains indefinitely open, resulting in unpredictability and uncertainty in
the proceedings before the Committee. Perpetual examination by the Committee may cause
prejudice to a government’s credibility and standing in the international community.
Finally, the joining of allegations into one case creates an impression of a systematic
pattern of violations, even though the government concerned has already provided
information directly rebutting the allegations or even when some allegations have been
resolved, are not factually supported, or are vague, repetitive or general in character.
This situation not only diverts attention from more specific and serious allegations but
also unfairly suggests that the government has been remiss in addressing the
allegations, notwithstanding its continuing efforts to resolve the issues and despite
having demonstrated cooperation in the proceedings before the Committee. The Government
also questions how cases should be treated: when the information provided by governments
and complainants contradict each other; when it is not possible for governments to reply
to allegations due to the lapse of time; and/or when complainants do not provide
sufficient information to allow the government concerned to conduct a comprehensive
investigation.
- 294. With regard to the additional concrete allegations, the Government
indicates that, concerning the incidents of killings reported by the complainants, the
case of Jose Jerry Catologo is still ongoing at the CHR, although the RTMB-Region VI
obtained an affidavit from the victim’s wife expressing her lack of interest in filing a
case against the suspect. In the case of the killing of Julius Broce Barellano, the
trial is ongoing and the defence is currently presenting its evidence.
- 295. Regarding the incidents of alleged illegal arrests and detention of
trade unionists, the Government indicates that the Committee’s request to drop criminal
charges pending against detained trade unionists and to release them, should their
arrest and detention be connected to the legitimate exercise of their trade union
rights, must be determined on a case-by-case basis. It adds that, while it recognizes
its duty to ensure that no worker is penalized for the exercise of legitimate trade
union rights, those who have committed a crime or violated a law cannot be placed beyond
the reach of prosecution based solely on their trade union membership or activity.
Whether the alleged acts fall within the guarantees of freedom of association or
constitute a crime is a matter that must be decided by the courts after a full and fair
trial. It also states that cases reported to the Committee that have been referred to
courts and are pending should be allowed to proceed, in deference to the jurisdiction
and independence of the judiciary. The Government provides concrete information on the
following pending cases:
- • In the case of Ireneo Atadero, the complainants claimed
that he was arrested in 2018 but failed to indicate the place of arrest and the
concerned court. As it was alleged that he was arrested together with Juan Alexander
Reyes, Oliver Reyes and Rowena Rosales, the Government initiated its fact-finding
within the same geographical location where the others were supposedly arrested;
however, there was no record of any criminal charges having been filed against Mr
Atadero. The CHR Regional Office III also noted that the case involving Mr Atadero
had not been reported to it when investigating the alleged arrest of Mr Reyes and Ms
Rosales. The CHR nevertheless docketed the case for investigation.
- • In the
case of Aiza Gamao, the Government had previously informed the Committee that Ms
Gamao, who had been arrested for illegal possession of firearms, had pleaded guilty
to a lesser offence in June 2022.
- • In the case of Ricky Chavez, the
complainants failed to provide information on where the alleged attempt to serve him
a search warrant occurred. They should have provided details on the subject of the
alleged warrant and the nature of the proceedings so as to demonstrate that the
attempted search stemmed from his trade union activity. There was no indication that
the police made subsequent attempts to serve the warrant, but the allegation was
nevertheless referred to the CHR and is pending investigation.
- 296. Concerning the additional allegations of red-tagging, harassment,
intimidation and threats against trade unionists, the Government provides the following
information:
- • In the incidents involving 30 residents of Gaway-Gaway,
Jonob-Jonob, Escalante City; residents of Minasugang Tabunac, Toboso; and
Nagkahiusang Mamumuo sa Suyapa Farm (NAMASUFA) workers and their relatives in
Compostela Town, the concerned individuals were not identified in the complaint,
which prohibited the authorities from initiating fact-finding. Moreover, the
allegations were only submitted to the Committee two or three years after they had
occurred; it would therefore be unreasonable to expect information on such
incidents, particularly where the complainant failed to provide details crucial to
pursue the investigation. However, the RTMB-Region VI secretariat and
representatives of other agencies met with the National Federation of Sugar Workers
(NFSW), which had submitted these allegations to discuss cases under monitoring. The
NFSW called upon the Government to continue its efforts to apprehend the
perpetrators where they were identified and to ensure the protection of labour
organizing activities, so as to prevent landowners from using private security
groups to violate workers’ rights. The police and armed forces committed to
assisting the NFSW should it bring forward any reports of violations, particularly
involving police or military personnel.
- • Concerning the Filipinas Palm Oil
Plantation Workers Union (FPPWU), the CHR Caraga Regional Office sent a team to the
plantation to interview the union president at the time when the incident allegedly
happened. The findings of the CHR indicate that the alleged labelling began when
there were cadres allegedly deployed at the plantation who, along with some
individuals identified by them as members of military intelligence, questioned the
union’s connection to a certain federation, allegedly supporting a communist group.
The union therefore unanimously decided to disaffiliate from that federation, and
since then, the relations between the union and management have remained harmonious.
When asked about the identities of the cadres, the union’s president stated that he
did not know their names. The CHR has yet to adopt a final resolution on the matter,
even though the former president of the union manifested disinterest in pursuing the
case, and it has also been instructed to explore how union members can benefit from
the LIFE Assistance Project. There have been no new incidents of harassment
involving the FPPWU.
- • In the case of the Santa Rosa Coca-Cola Plant Employees
Union (Santa Rosa union), the CHR Regional Office IV-A investigated the case based
on a report received in 2020 by the KMU, which accused the police and military of
harassing workers and vilifying and threatening union members to surrender as
rebels. In its October 2024 report, the CHR concluded that the act of tagging trade
unionists to a communist terrorist group exposes them to intimidation, harassment
and unwarranted state surveillance, which may potentially lead to enforced
disappearances and extra-judicial killings. However, it also found that the KMU was
unable to substantiate its allegation with the required quantum of evidence and the
case was therefore considered closed at the level of the CHR, without prejudice to
its reopening.
- • The case of two officers of the Optodev Workers’ Union
(OWU)-National Federation of Labor Unions (NAFLU)-KMU has been referred to the CHR
and is pending investigation.
- • Regarding the case of Eleanor de Guzman, the
allegation that the personnel of the Criminal Investigation and Detection Group of
the police (CIDG) openly identified themselves and revealed that they were regularly
monitoring de Guzman is implausible and inconsistent with the practice of covert
operations. On the other hand, it is easy for individuals with ulterior motives to
misrepresent themselves as state agents in order to undermine the credibility of and
public confidence in government institutions. The case has been referred to the CHR
and is pending investigation. Furthermore, these allegations may be connected to an
incident of alleged police surveillance previously reported to the Committee of
Experts on the Application of Conventions and Recommendations (Committee of
Experts), in which the RTMB found that de Guzman refused to provide the supposed
photographic documentation of the alleged surveillance and refused to cooperate in
the investigation. At a September 2024 meeting of the RTMB, a KMU representative
acknowledged that there were no further incidents of harassment or surveillance at
the KMU headquarters.
- • In the case of Elmer Labog, the complainants claimed
that posters were seen at the KMU headquarters vilifying Mr Labog as a terrorist and
the KMU as a terrorist organization. The case is pending investigation by the CHR,
but a KMU representative has since confirmed that the alleged harassment and
surveillance at the KMU headquarters have ceased.
- • The case of Lean Porquia
is pending investigation and Mr Porquia is actively engaged in political
activities.
- • The United Workers of Mindanao Agriculture (UWMA) is not
registered with the DOLE, which makes it difficult to verify the complaint of
alleged accusations of sympathizing with the New People’s Army, without further
information on the organization’s place of operations.
- • In the case of the
Nexperia Philippines Inc. Workers’ Union (NPIWU)-NAFLU-KMU, the CHR noted, in its
final report from May 2024, that the allegation that an agent of the National Task
Force to End Local Communist Armed Conflict (NTF-ELCAC) had threatened the unionists
to disaffiliate from their labour organization to avoid being labelled as
sympathizers of a rebel group may pose a threat to their right to life, liberty and
security. However, the CHR also concluded that, based on the evidence gathered and
testimonies of the complainants, it could not be definitively established that the
perpetrators were indeed agents of the NTF-ELCAC. The case was therefore closed
without prejudice to its reopening and was referred to the NTF-ELCAC for
investigation on the alleged usurpation of public authority. More broadly, the
Government indicates that past practices of former NTF-ELCAC officers may have given
rise to actions inconsistent with the principles of Convention No. 87, which is the
reason why the Government made efforts to shift the focus of the NTF-ELCAC’s
operations away from security to a more developmental approach focused on community
development and empowerment, while preserving the DOLE’s exclusive mandate to
implement labour laws affecting trade union rights.
- 297. Regarding the additional allegations of violent suppression of
workers’ right to strike, the Government recalls that the issue of interpretation of
Convention No. 87 was referred by the ILO Governing Body to the International Court of
Justice. Pending the Court’s opinion, the Government provides the following concrete
information:
- • In the case of the Unified Power of Workers in Middleby
Philippines Inc. (UPWMP) in Biñan City, Laguna, the issue stemmed from the dismissal
of 30 contract workers due to the expiration of their service agreements, following
which around 130 contract workers staged a concerted protest action. According to
the National Conciliation and Mediation Board (NCMB), the requirements for a valid
strike were not met and the concerted action was thus considered a wildcat strike.
Regarding the alleged violent dispersal of the strike and the arrest of seven
striking workers, the NCMB reported that a commotion occurred between regular
workers and striking contract workers that required police intervention to prevent
further violence. In July 2018, the parties reached an agreement not to pursue the
case against the striking workers, and the contractors’ workers were later
regularized as the company’s workers. The incident was also investigated by the CHR,
which conducted an ocular inspection during the sit down strike and found that at
some point, the striking workers became more aggressive and prevented company
workers from entering and leaving the premises, destroyed gates and assaulted
security guards. Taking into account these observations, the CHR concluded that
there was insufficient evidence to prove that human rights violations were
committed. The case was closed and terminated without prejudice.
- • With regard
to the strike of NAMASUFA workers at a banana-exporting company in Compostela Town
in October 2018, the NCMB indicated that the striking workers blocked the ingress
and egress to the company, affecting its operations. When members of local unions of
the company’s service providers attempted to disperse the strike at two packing
plants, there was a physical confrontation with the striking workers. The remaining
striking workers at the other packing plants dispersed voluntarily and the
operations of the company resumed.
- • In the case of the Pepmaco Workers’ Union
(PWU), the NCMB noted that the striking workers and the union president who filed
the notice of strike were not the company’s employees but employees of its
contractors and that the strike vote results had not been submitted to it. The case
was also investigated by the CHR Regional Office IV-A, which noted that both parties
sustained injuries, but that the striking workers did not come forward regarding the
alleged violent dispersal, despite their knowledge of the ongoing CHR investigation.
It also found that striking workers who had been arrested were eventually released
on the request of the prosecutor in Calamba City, Laguna. The Prosecutor cited a
lack of DOLE clearance before taking cognizance of cases arising out of or related
to a labour dispute, as required under the applicable procedures. The case was
closed and terminated without prejudice.
- • In the case of the strike at a
condiment-producing enterprise in Cabuyao, Laguna in July 2019, it was declared
without filing a notice in accordance with the rules. The NCMB reported that around
80 workers of different contractors of the company locked themselves up in the
company premises and chained the main gate from the inside, affecting the operations
of the company and another enterprise located on the same premises. The security
guards clashed with the striking workers, with reports of rock pelting and throwing
of boiling water mixed with acetic acid, which resulted in injuries on both sides
and required police intervention to prevent further harm. The CHR investigated the
strike dispersal but found no substantial evidence to warrant a finding of human
rights violations, as there was no reasonable grounds to believe that it was the
respondents who initiated the commotion. The case was closed and terminated without
prejudice.
- 298. In relation to the more general additional allegations of impunity
and the deteriorating labour rights situation in the country, the Government emphasizes
the following measures taken: (i) review of the structure of the National Tripartite
Industrial Peace Council (NTIPC), including the setting up of a subcommittee focused on
freedom of association; (ii) operationalization of the EO 23 IAC in line with the
recommendation of the January 2023 high-level tripartite mission to establish a single
presidentially mandated body; (iii) strengthening of the CHR as a specialized, eminent,
independent and non-judicial body to investigate alleged violations, including by
guaranteeing sufficient budget and ensuring close coordination with the EO 23 IAC; (iv)
enhancement of the DOLE’s education programme with a view to confidence-building and
promoting a common understanding of freedom of association among tripartite
constituents, including a trainers’ training on freedom of association conducted in
September 2025, which served as a platform for the pilot implementation of the
consolidated training module that integrates existing modules as well as new and
critical policy updates on freedom of association; (v) continuous operationalization of
tripartite monitoring bodies by providing adequate allocation for their activities; (vi)
empowerment of social partners through capacity-building activities, such as paralegal
training; (vii) continuous engagement with the stakeholders within the EO 23 IAC
structure and other bipartite and tripartite mechanisms for social dialogue; and (viii)
effective implementation of the Omnibus Guidelines on the Exercise of Freedom of
Association and Civil Liberties (Omnibus Guidelines).
- 299. The Government also elaborates, in its report to the Committee of
Experts, which forms part of its observations in the present case, on the measures taken
to implement the Omnibus Guidelines, as requested by the Committee, including their
dissemination through 19 learning sessions and by incorporating them into multisectoral
dialogues and capacity-building activities. It further refers to the adoption of DOLE
Administrative Order No. 149, series of 2025 (Guidelines for the Issuance of DOLE
Clearance on Criminal Complaints Filed with the Office of the Prosecutor Involving the
Exercise of Freedom of Association and the Right to Organize of Workers), which it
indicates guides DOLE Regional Offices in processing requests by the investigating
prosecutor for evaluation and certification by the DOLE on whether a criminal complaint
has arisen out of or is related to a labour dispute.
- 300. Finally, the Government reiterates its call for the present case to
be closed, highlighting that it has submitted timely reports, undertaken inter-agency
coordination, pursued all reasonable and available avenues to gather information towards
the resolution of the cases and exerted all possible efforts to shed light and serve
justice, including the adoption of measures aimed at alleviating the suffering of the
families. The Government also points out that, since 2021, the complainant organizations
have not submitted any additional information to the Committee or to the relevant
national authorities, despite the Committee’s explicit invitation to do so. According to
the Government, this shows that the complainants themselves are not in a position to
provide additional relevant information to assist in the investigations, nor do they
deem it necessary to pursue the matter any further. This is also an indication of an
improving trade union situation in the country under the current administration. The
Government further recognizes that the issues previously raised by labour groups can be
primarily attributed to the gap between the policies determined at the national level
and the understanding of these policies by the operational units on the ground.
Therefore, as recommended by the Committee, the Government will sustain its engagement
with social partners and continue to provide clear guidance to the implementing units on
the prescribed conduct when dealing with trade unions. To this effect, the Government
requests the continuing technical and funding support from the Office.
C. The Committee’s conclusions
C. The Committee’s conclusions- 301. The Committee recalls that the present case concerns allegations
pertaining to numerous incidents of extrajudicial killings of trade union leaders and
members, attempted assassinations, illegal arrests and detention, red-tagging,
harassment, intimidation and threats against unionists, as well as allegations of trade
union repression and interference in union affairs, and delays in investigating these
cases and bringing the perpetrators to justice, reinforcing the climate of impunity,
violence and insecurity with its damaging effect on the exercise of trade union
rights.
- 302. With regard to the cases concerning the murders of Antonio “Dodong”
Petalcorin, Emilio Rivera and Kagi Alimudin Lucman, which were at the origin of this
case (recommendation (a)), the Committee deeply regrets that there has been no progress
in investigations and recalls that these unionists were leaders from the National
Confederation of Transport Workers’ Unions of the Philippines (NCTU) or local
organizations affiliated to it and that the complainants alleged that the murders, which
took place in 2013, were motivated by their union membership and anti-corruption
advocacy. The Committee further recalls that the Government previously indicated that
the cases had been archived but continued to be monitored by existing tripartite and
governmental mechanisms despite the challenging circumstances (lapse of time, lack of
material witnesses, non-cooperation of the victims’ families and suspects being at
large). The Committee notes that the Government now indicates that despite its
intensified efforts, the resolution of these cases continues to face serious obstacles,
that the CHR refused the DOLE’s request to reinvestigate the incidents putting forward
the absence of new evidence and that the complainants have not submitted any further
information to the relevant authorities that would assist in the investigations nor
raised these cases during an interface meeting in April 2025, thus showing, according to
the Government, a lack of interest or evidence to pursue the matter any further. While
observing with regret that 13 years after the incidents, no real progress appears to
have been made in bringing the perpetrators to justice, the Committee welcomes the
Government’s indication that the cases remain as a priority in EO 23 IAC monitoring. It
further welcomes the Government’s initiative to explore constructive approaches to
pursue justice beyond judicial remedies, in particular through the LIFE Assistance
Project, even though difficulties persist in locating the families of Mr Petalcorin and
Mr Lucman, while the wife of Mr Rivera is considering the offer of livelihood
assistance. Given the time that has lapsed since these incidents and taking due note of
the obstacles encountered by the Government in pursuing traditional justice measures,
the Committee encourages the Government to continue its efforts in pursuing transitional
justice initiatives that seek to establish truth and reconciliation, provide reparations
to the families of the three unionists and prevent unwarranted violence from recurring.
The Committee also requests the Government to keep it informed of any progress made in
that regard by the tripartite and governmental mechanisms that continue to monitor these
cases.
- 303. Concerning the additional allegations communicated by the
complainants in 2021, the Committee recalls that these refer to a policy of trade union
repression and criminalization which the complainants allege has resulted in practice in
serious violations of human and trade union rights, including numerous cases of
extrajudicial killings of trade union members and leaders since 2016, illegal arrests,
detention and false criminal charges against workers, human rights activists and
unionists, as well as numerous incidents of intimidation, harassment, red-tagging and
threats against trade union members and leaders, most of which were, according to the
complainants, characterized by some degree of involvement of state agents, in particular
members of the police, the armed forces or other organizations under their control. The
Committee takes due note of the Government’s observation that the most recent
allegations from the complainants date back to 2021 and that the trade union situation
is improving under the current administration. It further notes the Government’s general
observations with respect to examining the additional allegations, putting forward that
joining various allegations that arise under different contexts into one case without
reasonable procedural guarantees risks generalizing the Committee’s conclusions,
creating a false impression of a systematic pattern of violations, rendering difficult
governments’ reporting obligations, causing prejudice to governments’ credibility in the
international community due to indefinite cases and prematurely casting doubt on
governments’ cooperation with the proceedings before the Committee. The Committee takes
note of these concerns. The Committee also recalls its practice of joining allegations
of a similar nature concerning the same country into one case in those instances in
which it considers that it would allow for a comprehensive examination of the
allegations presented before it and particularly where considering them in isolation
could hinder a full understanding of their nature and seriousness. The Committee further
recalls that its proceedings take account of national circumstances, including
governments’ enhanced efforts to follow up on the Committee’s recommendations since
allegations were last made, and safeguard governments’ due process rights by examining
each allegation on its merits within the context of a concrete case, on the basis of the
information provided by the parties and in light of the Committee’s mandate.
- 304. Turning to the substance of the additional allegations, the
Committee notes that, in relation to the ongoing investigations into the killings of
unionists and measures taken to combat violence against them (recommendation (b)), the
Government indicates that the case of Mr Catologo is being investigated by the CHR and
the case concerning of Mr Barellano is currently on trial. The Committee also
understands from the Government’s observations that none of the previously archived
cases were reopened, including the case of Mr Ceballos, in which the CHR found that
union activities may have been the motive behind his killing. Recalling that it is
important that investigations into the murders of trade unionists should yield concrete
results in order to determine reliably the facts, the motives and the persons
responsible, in order to apply the appropriate punishments and to prevent such incidents
recurring in the future [see Compilation of decisions of the Committee on Freedom of
Association, sixth edition, 2018, para. 96], the Committee requests the Government to
keep it informed of any developments in the above three cases, as well as of any
reopening of previously archived cases, and trusts that the possible link to freedom of
association, if any, will be duly taken into account in these proceedings. The Committee
further welcomes the Government’s commitment to ensuring that its national policies
regarding protection of freedom of association are implemented at the operational level
(as detailed below) and urges the Government to continue its efforts in this respect so
as to prevent and address serious violations of trade union rights, and in particular
violence against trade unionists.
- 305. With regard to the additional allegations of illegal arrests,
detention and the filing of fabricated criminal charges against trade unionists
(recommendations (c)), the Committee notes the information provided by the Government
that: (i) Aiza Gamao, arrested for illegal possession of firearms, pleaded guilty to a
lesser offence; (ii) the attempted search of the residence of Ricky Chavez is under
investigation by the CHR; and (iii) no reports were found of an arrest warrant filed
against Ireneo Atadero but the case was docketed for investigation by the CHR. The
Committee observes, however, that the Government has not yet provided any concrete
updates on the numerous criminal cases that it previously indicated were pending against
trade unionists Ricky Cañete, Gaspar Davao, Danilo Tabura, Buenvinido Duca, Carlo
Apurado, Reynaldo Saura, Romina Astudillo, Mark Ryan Cruz, Jamie Gregorio, Juan
Alexander Reyes, Ramon Rescovilla, Jose Bernardino, Joel Demate, Dennise Velasco, Arnedo
“Nedo” Lagunias, Steve Mendoza, Elizabeth Camoral, Eugene Eugenio and Florentino Pol
Viuya or on those that were undergoing investigation by the CHR or the RTMB (Ramir
Corcolon, Marklen Maojo Maga, Romina Astudillo, Mark Ryan Cruz, Jamie Gregoria, Arnedo
“Nedo” Lagunia, Steve Mendoza and Elizabeth Camoral). The Government asserts in general
terms that the dropping of charges against unionists must be determined on a
case-by-case basis, that those committing a crime cannot be placed beyond prosecution
based solely on their union membership or activity and that the assessment of whether an
act falls within the guarantees of freedom of association or constitutes a crime falls
within the competence of the courts. Taking due note of these views, the Committee must
emphasize that while persons engaged in trade union activities or holding trade union
office cannot claim immunity in respect of the ordinary criminal law, trade union
activities should not in themselves be used by the public authorities as a pretext for
the arbitrary arrest or detention of trade unionists [see Compilation, para. 132].
Further recalling that the arrest of trade unionists and leaders of employers’
organizations may create an atmosphere of intimidation and fear prejudicial to the
normal development of trade union activities [see Compilation, para. 126], the Committee
urges the Government once again to ensure that any pending criminal charges are dropped
and any detained trade unionists released as soon as possible, should their arrest or
detention be determined by the competent authorities as connected to the legitimate
exercise of their trade union rights. The Committee requests the Government to keep it
informed of any developments concerning the above pending criminal cases, as well as the
ongoing investigations by the RTMB and the CHR.
- 306. Concerning the allegations of intimidation and red-tagging, the
Committee recalls that these referred, on the one hand, to allegations of institutional
criminalization, repression and vilification of trade union activities and red-tagging
of unions as terrorist organizations, and, on the other hand, to specific serious
incidents of harassment, intimidation and red-tagging (recommendations (d) and (e)).
Regarding the more general allegations, the Committee previously welcomed measures
reported by the Government to this Committee and to the Committee of Experts, aimed at
ensuring that the Anti-Terrorism Act was not implemented in a manner to restrict freedom
of association, as well as legislative initiatives to define and penalize red-tagging.
While observing that the Government does not provide any concrete updates in this
regard, the Committee trusts that, in view of the Government’s assertion that the trade
union situation has improved under the current administration, the Government will
continue its efforts in addressing the concerns of institutionalized criminalization and
red-tagging of trade unionists, including through previously reported legislative
initiatives and a cautious implementation of the Anti-Terrorism Act. The Committee
refers this legislative aspect of the case to the Committee of Experts, which has been
examining these issues over several years.
- 307. On the specific incidents of harassment, intimidation and
red-tagging alleged by the complainants, the Committee notes the Government’s indication
that: (i) in two incidents allegedly involving threats on residents in barangays
Jonob-Jonob and Tabunac in April and July 2019, as well as in the incidents allegedly
involving military house-to-house campaigns among NAMASUFA workers and their relatives
in Compostela Town, the complainants have not submitted sufficient information to pursue
investigations; however, the Government and the NFSW, that had submitted these
allegations, engaged in discussions and the police and the armed forces committed to
assisting the union in case it put forward any reports of violations; (ii) the UWMA was
not registered with the DOLE, making it difficult to verify the alleged accusations of
sympathizing with the NPA; (iii) the allegations of red tagging and harassment of
members of the FPPWU leading to its disaffiliation from the KMU in July 2019 were
investigated by the CHR, which found that the union had unanimously decided to
disaffiliate from the KMU and since then the relations with the management have remained
harmonious; (iv) the CHR investigated the alleged harassment, intimidation and threats
by agents of the NTF-ELCAC against Santa Rosa union members between February and May
2020 and found that the act of tagging trade unionists to a communist terrorist group
exposed them to intimidation, harassment and unwarranted state surveillance, which could
potentially lead to enforced disappearances and extra-judicial killings; it also
concluded, however, that insufficient evidence was provided to substantiate these
allegations and the case was therefore closed; (v) in the incident of the
NPIWU-NAFLU-KMU, the CHR found that while the alleged intimidation to disaffiliate from
the union to avoid being labelled as sympathizers of a rebel group could pose a threat
to the workers’ right to life, liberty and security, there was insufficient evidence
that the perpetrators of the alleged acts were indeed agents of the NTF-ELCAC; the case
was therefore closed; and (vi) the allegations of surveillance, threats and harassment
against two union officers from the OWU-NAFLU-KMU between December 2020 and March 2021,
the alleged regular surveillance of the KMU Human Rights Director Eleanor de Guzman’s
residence by the police in March 2021, the alleged posters and social media posts
tagging the KMU and its Chairperson Elmer Labog as terrorists in June 2021, as well as
the alleged vilification of Lean Porquia, a KMU volunteer are pending investigation at
the CHR.
- 308. The Committee acknowledges progress made on various investigations
and understands from the above information that while some alleged incidents could not
be investigated due to a lack of specific information on the involved persons or
entities, others are in the process of being investigated by the CHR. The Committee also
observes that in two cases that have already been investigated, the CHR found that the
alleged intimidation and tagging of trade unionists to a communist terrorist group by
the NTF-ELCAC could expose workers to unwarranted state surveillance and could pose a
threat to their right to life, liberty and security. It, however, concluded that there
was insufficient evidence to substantiate the allegations or to link them to the alleged
perpetrators and the cases were therefore closed. The Committee recalls in this regard
that blanket linkages of trade unions to an insurgency have a stigmatizing effect and
often place union leaders and members in a situation of extreme insecurity [see
Compilation, para. 93] and that acts of harassment and intimidation against trade union
members and leaders create an atmosphere prejudicial to the normal development of trade
union activities. Further observing the Government’s acknowledgment in this respect that
past practices of the NTF-ELCAC may have given rise to actions inconsistent with the
principles of Convention No. 87 and its indication that efforts are being made to shift
the focus of the NTF-ELCAC away from security and to community development and
empowerment, the Committee requests the Government to continue to take concrete measures
to address the above concerns and ensure that trade unions can operate in an environment
free from red-tagging, harassment and intimidation. The Committee also requests the
Government to keep it informed of the outcome of the remaining cases pending
investigation (incidents concerning the OWU-NAFLU-KMU, Eleanor de Guzman, Elmer Labog
and Lean Porquia).
- 309. In relation to the alleged violent suppression of workers’ strikes
between 2017 and 2019 (recommendation (f)), the Committee notes the information provided
by the Government on the remaining pending issues, in particular that: (i) the strike of
NAMASUFA workers at a banana exporting company in Compostela Town in October 2018 led to
confrontations between the striking workers and members of local unions but the
remaining strikers later dispersed voluntarily; (ii) the alleged violent dispersal of a
sit-down strike of workers from the UPWMP in Biñan City, Laguna in July 2018 was
investigated by the CHR, which found that, at one point, the striking workers became
aggressive, obstructed access to the company and destroyed its property and therefore
concluded that there was insufficient evidence to find that human rights violations were
committed against the striking workers; (iii) the CHR investigated the alleged violent
dispersal of a picket of 200 workers of the PWU in June 2019 and found that while both
parties incurred injuries, those arrested in relation to the incident were later
released on the request of the Prosecutor’s Office; the case was thus closed; and (iv)
the CHR also investigated the violence that occurred during a strike of 400 workers at a
condiment-producing enterprise in Cabuyao, Laguna in July 2019 and found that the
security guards clashed with the striking workers, causing injuries on both sides and
requiring police intervention to prevent further harm; the CHR closed the case, having
concluded that there was no substantial evidence to warrant a finding of human rights
violations against the striking workers as there was no reasonable ground to believe
that the respondents initiated the commotion.
- 310. Taking due note of the investigations conducted by the CHR, the
Committee regrets to observe the recourse to violence from various actors in the above
incidents, which is liable to undermine the free exercise of trade union rights and to
create an environment of tension incompatible with the normal development of industrial
relations. It recalls in this regard that, in exercising freedom of association rights,
workers and their organizations should respect the law of the land, which in turn should
respect the principles of freedom of association. In cases of strike movements, the
authorities should resort to the use of force only in grave situations where law and
order is seriously threatened [see Compilation, paras 66 and 932]. In light of the
above, and taking due note of the measures reported by the Government to provide
training and to disseminate relevant instruments and guidance to state officials on the
prescribed conduct when dealing with trade unions (addressed below), the Committee
requests the Government to continue to take all necessary measures to ensure that
workers’ strikes, as long as they remain peaceful, are not met with disproportionate use
of force by the police, the military or private security forces and to keep it informed
of the concrete steps taken in this regard. The Committee also requests the Government
to provide information on the outcome of the CHR investigation into the June 2017 strike
dispersal of the Shin Sun Workers’ Union (SSWU), on which further updates were
requested, and to indicate whether any workers remain in detention following this
incident, as well as the strike in a condiment-producing enterprise in Cabuyao, Laguna,
in July 2019.
- 311. Finally, the Committee notes with interest the detailed and
overarching information provided by the Government setting out a number of initiatives
to promote respect for freedom of association and civil liberties and their
implementation, which have a bearing on the present case, including: dissemination of
the Omnibus Guidelines through learning sessions and their incorporation in
multisectoral dialogues and capacity-building activities; adoption of the DOLE
Administrative Order No. 149, series of 2025 (Guidelines for the Issuance of DOLE
Clearance on Criminal Complaints Filed with the Office of the Prosecutor Involving the
Exercise of Freedom of Association and the Right to Organize of Workers); the conclusion
of a MOA between the CHR and the DOLE in April 2025 aimed at providing victims and their
families access to immediate and sustainable financial and livelihood assistance toward
rehabilitation and recovery; the review of the NTIPC structure and the setting up of a
subcommittee focused on freedom of association; enhancement of the DOLE’s education
programme with a view to promoting a common understanding of freedom of association
among tripartite constituents, including a trainers’ training on freedom of association
conducted in September 2025; and empowerment of social partners through
capacity-building activities. The Committee also notes the Government’s recognition that
the issues raised by labour groups can be primarily attributed to the gap between the
policies determined at the national level and the understanding of these policies by the
operational units on the ground and welcomes its commitment to sustain its engagement
with the social partners and continue to provide clear guidance to the implementing
units on the prescribed conduct when dealing with trade unions, with the assistance from
the Office. Further taking due note of the Government’s assertion that the trade union
situation in the country under the current administration is improving, the Committee
encourages the Government to continue its efforts to investigate and monitor the
remaining allegations of violations of civil liberties and freedom of association in
this case and trusts that the Government’s commitment, together with the measures put in
place and their strict application, will contribute to ensuring full respect of freedom
of association by all state and non-state actors and a harmonious environment for the
exercise of trade union rights in the country.
The Committee’s recommendations
The Committee’s recommendations- 312. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) Given the
time that has lapsed since the murder of Antonio “Dodong” Petalcorin, Emilio Rivera
and Kagi Alimudin Lucman and taking due note of the obstacles encountered by the
Government in pursuing traditional justice measures, the Committee encourages the
Government to continue its efforts in pursuing transitional justice initiatives that
seek to establish truth and reconciliation, provide reparations to the families of
the three unionists and prevent unwarranted violence from recurring. The Committee
also requests the Government to keep it informed of any progress made in that regard
by the tripartite and governmental mechanisms that continue to monitor these
cases.
- (b) The Committee requests the Government to keep it informed of any
developments in the proceedings relating to the killings of Julius Broce Barellano
and Jose Jerry Catologo, as well as of any reopening of previously archived cases,
including that concerning the killing of Alexander Ceballos, and trusts that the
possible link to freedom of association, if any, will be duly taken into account in
these proceedings. The Committee further welcomes the Government’s commitment to
ensuring that its national policies regarding protection of freedom of association
are implemented at the operational level and urges the Government to continue its
efforts in this respect so as to prevent and address serious violations of trade
union rights, and in particular violence against trade unionists.
- (c) The
Committee urges the Government once again to ensure that any pending criminal
charges are dropped and any detained trade unionists released as soon as possible,
should their arrest or detention be determined by the competent authorities as
connected to the legitimate exercise of their trade union rights. The Committee
requests the Government to keep it informed of any developments concerning the above
pending criminal cases, as well as the ongoing investigations by the Regional
Tripartite Monitoring Body (RTMB) and the Commission on Human Rights
(CHR).
- (d) The Committee trusts that the Government will continue its efforts in
addressing the concerns of institutionalized criminalization and red-tagging of
trade unionists, including through previously reported legislative initiatives and a
cautious implementation of the Anti-Terrorism Act. The Committee refers this
legislative aspect of the case to the Committee of Experts, which has been examining
these issues over several years.
- (e) The Committee requests the Government to
continue to take concrete measures to address the concerns that certain actions of
the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) may have
given rise to actions inconsistent with freedom of association, so as to ensure that
trade unions can operate in an environment free from red-tagging, harassment and
intimidation. The Committee also requests the Government to keep it informed of the
outcome of the remaining cases pending investigation (incidents concerning the
OWU-NAFLU-KMU, Eleanor de Guzman, Elmer Labog and Lean Porquia).
- (f) The
Committee requests the Government to continue to take all necessary measures to
ensure that workers’ strikes, as long as they remain peaceful, are not met with
disproportionate use of force by the police, the military or private security forces
and to keep it informed of the concrete steps taken in this regard. The Committee
also requests the Government to provide information on the outcome of the CHR
investigation into the June 2017 strike dispersal of SSWU workers, on which further
updates were requested, and to indicate whether any workers remain in detention
following this incident, as well as the strike in a condiment-producing enterprise
in Cabuyao, Laguna in July 2019.
- (g) Noting with interest a number of
initiatives to promote respect for freedom of association and civil liberties and
their implementation, the Committee encourages the Government to continue its
efforts to investigate and monitor the remaining allegations of violations of civil
liberties and freedom of association in this case and trusts that the Government’s
commitment, together with the measures put in place and their strict application,
will contribute to ensuring full respect of freedom of association by all state and
non-state actors and a harmonious environment for the exercise of trade union rights
in the country.
- (h) The Committee draws the Governing Body’s attention to the
serious and urgent nature of this case.
