Assumption of Jurisdiction Power of the Secretary of the Department of Labor and Employment

In LMG Chemicals Corporation v. Secretary of DOLE, G.R. No. 127422, April 17, 2001, the Court declared that it is well settled in our jurisprudence that the authority of the Secretary of Labor to assume jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest includes and extends to all questions and controversies arising therefrom. The power is plenary and discretionary in nature to enable him to effectively and efficiently dispose of the primary dispute.

Author

Alburo Law
March 20, 2026

In Philippine labor law, the Assumption of Jurisdiction is exercised by the Secretary of the Department of Labor and Employment (DOLE). This authority allows the government to step into labor disputes that threaten industries indispensable to the national interest. 

The legal foundation of this power is found in the Labor Code of the Philippines, as amended.

The Right to Strike

Article 278(b) of the Labor Code of the Philippines, as amended, provides:

“Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes”

While protecting concerted activity, the law qualifies that protection as “consistent with the national interest,” which forms the statutory anchor of the Assumption of Jurisdiction power.

Basis of the Assumption of Jurisdiction Power

Article 278(g)(par.1) provides that when, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration.

In ascertaining the liability of accused-appellant for violation of Republic Act No. 9165, it is imperative to determine whether the identity of the dangerous drugs allegedly confiscated from him were established with moral certainty. The dangerous drugs form an integral part of the corpus delicti of the crime. Failure to prove the integrity of the corpus delicti renders the drugs seized insufficient to prove his guilt beyond reasonable doubt. Thus, warranting his acquittal.

The Supreme Court Decides: Each link in the chain of custody must be established to ensure that the integrity and evidentiary value of the seized items are preserved.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391