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HOW TO DO BUSINESS and GAIN THE RESPECT OF DOLE AND OTHER INSTITUTIONS Atty. Josephus B. Jimenez, DPM FORMER DOLE UNDERSECRETARY, PROFESSOR OF LAWS, AUTHOR, ASEAN & INTERNATIONAL SPEAKER and 2014 PMAP President

HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

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Page 1: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

HOW TO DO BUSINESSand

GAIN THE RESPECT OF DOLEAND OTHER INSTITUTIONS

Atty. Josephus B. Jimenez, DPMFORMER DOLE UNDERSECRETARY, PROFESSOR OF

LAWS, AUTHOR, ASEAN & INTERNATIONAL SPEAKER and 2014 PMAP President

Page 2: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)

FORMER

IN THE PRIVATE SECTOR

IN DOLE/NLRC

BEFORE

• Undersecretary, DOLE 2002-2005

• Labor Attache II (Malaysia, 2005-2008)

• Labor Attache II (Kuwait, 2008-2010)

• Labor Attache II (Central Taiwan, 2010-2011)

• Executive Director, National Maritime Polytechnic, 2012

• Vice President (HR & Legal, Pepsi Phil., 1997-2002)

• Dir. for Labor & Employee Relations, AVP, San Miguel Corp. (1986-1977)

• Employee Relations Manager & Senior Labor Attorney, Petron & PNOC Group

of Companies (Oil, Transport and Energy, 1983-1986)

• Administrative Manager, CIRDC, HVPI (Elizalde Group, 1980-1983)

• Former Board of Trustees Member, SPU, QC, SPUM, SPUT, SPC Pasig

• Labor Arbiter, 1977-1980

• Chief Information Officer & Chief Complaints and Action Unit, 1976-1977

• Med-Arbiter, Labor Regulation Officer, 1974-1976

• Court Interpreter, Cebu City, 1970-1974

Page 3: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

VOLATILE AMBIGUOUSUNPREDICT

ABLEFAST

DIGITALINTENSE COMPLEXED

BUILDING STRONG LINKAGES IN AN ERA OF VUCAFIDS

Page 4: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Three Problems on the Relationship between Employers and the DOLE

Many Employers Consider DOLE as a “BURDEN”

Some DOLE Officials Look at Many Employers

Contempt

Both Sides Do Not Really Understand Each Other

Page 5: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Department of Labor

and Employment

ORGANIZATIONAL STRUCTURE

MANDATES

FUNCTIONS

Page 6: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

PHILIPPINE TRIPARTISM: It’s Complicated

GOVERNMENT

WORKERSBUSINESS

Trilateral Relationship

Art. 106-109. LCP

(DO 18-A 2011)

Page 7: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Three Missions of DOLE

EMPLOYMENTWORKERS’

PROTECTIONINDUSTRIAL

PEACE

Page 8: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Three Missions of the Business Community

PROFITSOCIAL

RESPONSIBILITYCOMPLY WITH

THE LAW

Page 9: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Four

Missions of HR

• TALENT ACQUISITION

• ARM them (Attract, Retain and Motivate)

• ORGANIZATIONAL JUSTICE

• ER/LR

• TOTAL REWARDS MANAGEMENT

• PEOPLE DEVELOPMENT

Copyright J. B. Jimenez 2020

Page 10: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE LABOR CODE OF THE PHILIPPINES: AN OVERVIEW

THE PEOPLE

EMPLOYERSWORKERS

THE MACRO

ENVIRONMENT

DOLE

SSS

ECC

PhilHealth

A FRAMEWORK OF MULTIPLE

RELATIONS

Copyright J. B. Jimenez 2020

Page 11: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE LABOR CODE OF THE PHILIPPINES: AN OVERVIEW

Page 111, Reviewer

Book 1 - Pre-employment

Book 2 - Human Resources Development

Book 3 - Conditions of Employment

Book 4 - Health, Safety & Social Welfare Benefits

Book 5 - Labor Relations

Book 6 - Post Employment

Book 7 - Transitory and Final ProvisionsCopyright J. B. Jimenez 2019

Page 12: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Three Missions of DOLE

EMPLOYMENTWORKERS’

PROTECTIONINDUSTRIAL

PEACE

Page 13: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Sec Bello Focuses On Workers’ Protection

The Office of the Secretary consists of the Secretary and his immediate staff.

Silvestre H. Bello III

Tel No: 527-3000 loc. 701, 703, 704, 706, 707

Fax No: 336-8182

Email:[email protected], [email protected]

OFFICE OF THE SECRETARY

Page 14: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE
Page 15: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The DOLE has 3 Missions

The Labor Code has

Seven Books

OSH Inspection is in

Book 4

Page 16: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Three Missions of DOLE

EMPLOYMENTWORKERS’

PROTECTIONINDUSTRIAL

PEACE

Page 17: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE FOUR STEPS

D

E

L

O

Page 18: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Four

Missions of HR

• Decent and Developmental

Relationship with DOLE

• Enabling and Empowerings

• Legal Compliance with 198, 173, 183,

115

• Over-all Mastery of the LCP

Copyright J. B. Jimenez 2020

Page 19: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE LABOR CODE OF THE PHILIPPINES: AN OVERVIEW

Page 111, Reviewer

Book 1 - Pre-employment

Book 2 - Human Resources Development

Book 3 - Conditions of Employment

Book 4 - Health, Safety & Social Welfare Benefits

Book 5 - Labor Relations

Book 6 - Post Employment

Book 7 - Transitory and Final ProvisionsCopyright J. B. Jimenez 2019

Page 20: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DEPARTMENT ORDER NO. 198 Series of 2018

“IMPLEMENTING RULES AND REGULATIONS OF

REPUBLIC ACT NO. 11058 ENTITLED “AN ACT

STRENGTHENING COMPLIANCE WITH OCCUPATIONAL

SAFETY AND HEALTH STANDARDS AND PROVIDING

PENALTIES FOR VIOLATIONS THEREOF”

BUREAU OF WORKING CONDITIONSDepartment of Labor and Employment

Page 21: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

PUBLISHED

09 JANUARY 2019

(Philippine Star)06 DECEMBER 2018 24 JANUARY 2019

SIGNED EFFECTIVE

Effectivity

Page 22: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DEPARTMENT ORDER NO. 174Series of 2017

“IMPLEMENTING RULES AND REGULATIONS OF

ARTCLE 106 OF THE LABOR CODE

OF THE PHILIPPINES

BUREAU OF WORKING CONDITIONSDepartment of Labor and Employment

Page 23: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DEPARTMENT ORDER NO. 183Series of 2017

“IMPLEMENTING RULES AND REGULATIONS OF

ARTCLE 128 OF THE LABOR CODE

OF THE PHILIPPINES

BUREAU OF WORKING CONDITIONSDepartment of Labor and Employment

Page 24: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DEPARTMENT ORDER NO. 147-15

“IMPLEMENTING RULES AND REGULATIONS OF

BOOK SIX ( or Articles 293 to 302) OF THE LABOR

CODE

OF THE PHILIPPINES

BUREAU OF WORKING CONDITIONSDepartment of Labor and Employment

Page 25: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE LABOR CODE OF THE PHILIPPINES: AN OVERVIEW

Page 111, Reviewer

Book 1 - Pre-employment

Book 2 - Human Resources Development

Book 3 - Conditions of Employment

Book 4 - Health, Safety & Social Welfare Benefits

Book 5 - Labor Relations

Book 6 - Post Employment

Book 7 - Transitory and Final ProvisionsCopyright J. B. Jimenez 2019

Page 26: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE LABOR CODE OF THE PHILIPPINES: AN OVERVIEW (119)

Labor Code Description

Book I: Pre-employment

◼ Contains regulations on Overseas Employment by POEA (Philippine Overseas Employment Agency) to include recruitment and placement of workers outside the Philippines including Seamen.

◼ Contains regulations concerning employment of non-resident aliens

Book II: Human Resource Development

◼ Contains implementing rules pertaining to the Government’s National Manpower Development Plan

◼ Contains regulations on training and employment of special workers like Apprentice, Learners, and Handicap Workers.

Book III: Conditions of Employment

◼ Contains regulations on Working Conditions and Rest Periods; Wages and manner of payment as well as Working Conditions for Special Group of Employees like Women workers, Minors, and House helpers

Book IV: Health, Safety, and Social Welfare Benefits

◼ Contains provisions on medical, dental and occupational safety, assistance through State Insurance Fund in cases of accidents, disabilities and death, and Medical Care

Book V: Labor Relations

◼ Contains provisions and regulations on the Right to Self-Organization; Registration of Labor Organization; Certification Election; Collective Bargaining; Grievance Machinery and Voluntary Arbitration; Unfair Labor Practices; Labor Education; and Picketing, Strikes and Lockouts

Book VI: Post-Employment

◼ Contains regulations on Termination of Employment and Retirement

Book VII: Transitory and Final Provisions

◼ Contains Penal Provisions, Liabilities and Prescription of Offenses and Claims in cases of ambiguous provisions in the Code.

◼ Contains list of laws repelled after effectively of the new Labor Code.

Copyright J. B. Jimenez 2012

Page 27: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DOLE Profile

The Department of Labor and Employment

(DOLE) started as a small bureau in 1908. It

became a department on December 8, 1933

with the passage of Act 4121. The DOLE is the

national government agency mandated to

formulate and implement policies and

programs, and serve as the policy-advisory

arm of the Executive Branch in the field of

labor and employment.

Page 28: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DOLE Profile

On December 8, 1933, the Bureau of Labor

was constituted as a Department by virtue of

Republic Act 4121. Since then, it has

continuously evolved its thrusts and strategies

to respond to emerging socio-political and

economic challenges while keeping as primary

concern the protection and promotion of the

welfare of local and overseas Filipino workers

(OFWs).

Page 29: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DOLE Profile

Today, the DOLE is the national government

agency mandated to formulate policies,

implement programs and serve as the policy-

coordinating arm of the Executive Branch in

the field of labor and employment.

Page 30: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DOLE Profile

It serves more than 40 million workers

comprising the country’s labor force, covering

those in the formal and informal economies,

private and public. On top of this, the DOLE

clients also include workers’; organizations,

employers and/or employer groups, non-

government organizations (NGOs), and other

government agencies, the academe, other

stakeholders, international organizations (e.g.,

ILO, IOM, UNDP, UNICEF), and the

international community including the host

countries of our OFWs.

Page 31: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

DOLE Profile

To carry out its mandate, the DOLE has 17

regional offices, 83 Field Offices with four (4)

Satellite Offices, 38 overseas posts, 6 bureaus,

7 staff services and 11 agencies attached to it

for policy and program supervision and/or

coordination. It has a total manpower

complement of 9,120. For 2013, the DOLE has

a total budget of P8.083 Billion. For 2018:

11.489 B; 2019: 13,371B and in 2020 more

than 15 Billion

Page 32: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

VISION

Every Filipino worker

attains full, decent and

productive employment

Page 33: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

MISSION

To promote gainful employment

opportunities, develop human

resources, protect workers and

promote their welfare, and

maintain industrial peace.

Page 34: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE
Page 35: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE
Page 36: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

THE PHILIPPINE LABOR DISPUTE ADJUDICATION SYSTEM

SUPREME COURT

COURT OF APPEALS

Step Step Step Step4 IV D d

NATIONAL LABOR

RELATIONSCOMMISSION

EMPLOYEE’S COMPENSATION

COMMISSION

SECRETARYOF LABOR

VoluntaryArbitrator

Step Step Step Step3 III C c

StepII

StepB

Stepb

Step2

DOLERegional Dir.

LaborArbiter

InjunctionCases

SSS/GSIS

MedArbiter

RegionalDirector

StrikeCases

GrievanceMachinery

Step1

StepI

StepA

Stepa

Article

I29

Article

217

Article

218

Article264

Migrant

Workers Act

(RA 8042)

Rule V

Section 6

Rule VIII

Section 4

Republic Act

7730

Article

128

Article

263 (g)

Interpretation &Implementation

of the CBA

Enforcement &Implementation

of Company Rules &

Regulations on Discipline

Article

260

ORARILC READ:Francisco Guico vs.Secretary of LaborGR 131750 Nov. 16, 1998

READ:NFL vs. LaguesmaGR 123426 En Banc March 10, 1999

READ:St. Martin Funeral vs. NLRCGR 1308661, RegaladoEn Banc Sept. 16, 1998

READ:Luzon Dev. Bank vs. NLRCGR 120319En Banc Oct. 6, 1995

Articles

260

261

262

124

263 (b)

Rule 65 ROC

Petition for Certiorari

Copyright J. B. Jimenez 2012Copyright J. B. Jimenez 2012 page 36

Page 37: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Organizational Chart

The organization of the Department, consists of the

Department Proper, composed of the Office of the

Secretary (which includes the Offices of the 3

Undersecretaries, the Offices of the 3 Assistant

Secretaries, the 38 Philippine Overseas Labor

Offices); 7 Services; 6 Bureaus and 16 Regional

Offices and 12 Agencies attached to DOLE for policy

and program coordination and/or administrative

supervision. These are grouped together into

clusters according to functions. Each cluster is

headed by an Undersecretary.

Page 38: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Organizational Chart

The Office of the Secretary consists of the Secretary and his immediate staff.

Silvestre H. Bello III

Tel No: 527-3000 loc. 701, 703, 704, 706, 707

Fax No: 336-8182

Email:[email protected], [email protected]

OFFICE OF THE SECRETARY

Page 39: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Organizational Chart

A) Undersecretaries

The Secretary is assisted by Undersecretaries who

are appointed by the President upon the

recommendation of the Secretary. The Secretary

delineates and assigns the respective functional areas

of responsibility of the Undersecretaries.

Office of the Secretary

Page 40: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

B) Assistant Secretaries

The Secretary is likewise assisted by Assistant

Secretaries who are appointed by the President

upon the recommendation of the Secretary. The

Secretary delineates and assigns the respective

areas of functional responsibility of the Assistant

Secretaries.

Office of the Secretary

Organizational Chart

Page 41: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

Hon Ana C Dione, Usec Labor Standards and Special Concerns

2020 DOLE Organizational Chart

Office of the Undersecretaries and Asst. Secretaries

Hon Joji V Aragon, OIC Usec for Wages and Productivity

Hon Benjo S M Benavides, OIC Usec for LR, Social Prot, & Policy

Hon Claro A Arellano, Usec For Legal Services and Overseas

Asec Alex V Avila, LR, Social Protection & Policy Support

Asec Ma Teresita S Cucueco, Regional Oprnts & Labor Standard

Asec Dominique R Tutay, Employment and General Adm

Asec Philip A Paredes, Legal and Overseas Operations

Asec Teodorico V Abuan Jr, Wages, Productivity, Advocacy

Hon Renato R Ebarle, Usec for Employment and Gen Administration

Page 42: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

C) National Reintegration Center for Overseas Filipino Workers

(NRCO)

The NRCO develops policies, programs, operating guidelines and

standards, and provides advisory to the Office of the Secretary and

the Regional Offices relative to the provision of mechanisms to

reintegrate returning Overseas Filipino Migrant Workers into

the Philippine Society and serve as a promotion house for their

local employment, tap their skills and potentials for national

development.

Office of the Secretary

Organizational Chart

Page 43: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE
Page 44: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

The Department Services are responsible for providing advice and

support services to the DOLE relating to their respective areas of

concern, to ensure the Department’s efficient, effective and

economical operations.

The Department has the following Services:

Department Services

Organizational Chart

Page 45: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

1) Administrative Service (AS)

The AS provides the Department with vital support services relating

to records management, supplies, equipment, collections,

disbursements, building administration and maintenance, security

and custodial work. It has a Cash Division, a General Services

Division and a Property Division.

Department Services

Organizational Chart

Page 46: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

2) Financial and Management Service (FMS)

The FMS takes charge of the Department’s budgetary, financial

and management improvement matters. It has an Accounting

Division, Budget Division and Management Division.

Department Services

Organizational Chart

Page 47: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

3) Human Resource Development Service (HRDS)

The HRDS provides the Department with career and staff

development programs needed to upgrade the levels of

competence and productivity of Department’s managers and

personnel. It also develops and administers personnel policies

and programs which includes, among others, selection and

placement, performance management, employee relations,

benefits and welfare, among others. It has a Personnel

Administration Division and a Staff Development Division .

Department Services

Organizational Chart

Page 48: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

4) Internal Audit Service (IAS)

The IAS assists the management in achieving effective and

efficient fiscal administration through the development and

implementation of internal control systems. It is under the Office of

the Secretary and has an Operations Audit Division and a

Financial Audit Division.

Department Services

Organizational Chart

Page 49: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

5) Legal Service (LS)

The LS provides legal advice, service and assistance to the

Department and its employees; prepares informative and

clarificatory opinions on labor laws, rules and regulations for

uniform interpretation thereof, and assists the Office of the Solicitor

General in suits involving the Department or its officers or

employees or in acting as their principal counsel in all actions taken

in their official capacity or other cases before judicial or

administrative bodies. It has a Case Review and Investigation

Division, a Legal Research and Assistance Division and a Legal

Representation Division.

Department Services

Organizational Chart

Page 50: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

6) Planning Service (PS)

The PS supports the Department in terms of services relating to

corporate planning, monitoring, and evaluation of agency plans and

the development and implementation of a management information

system. It has a Planning and Programming Division, a Monitoring

and Evaluation Division, and a Management Information Systems

Division.

Department Services

Organizational Chart

Page 51: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE

7) Information and Publication Service (IPS) (now referred to

as Labor Communications Office (LCO)

The LCO takes charge of the promotion of rapport and

understanding between the Department and the public through the

development of public relations programs and dissemination of

accurate and updated information on labor and employment

policies and programs. It has a Media and External Relations

Division and an Information and Publication Division.

Department Services

Organizational Chart

Page 52: HOW TO DO BUSINESS and GAIN THE RESPECT OF ......Atty. JBJ: 42 years of 4L’s (Labor, Love, Law and Life)FORMER IN THE PRIVATE SECTOR IN DOLE/NLRC BEFORE • Undersecretary, DOLE
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The Bureaus are under the supervision and control of the Office of

the Secretary. They perform primarily policy and program

development and advisory functions for the Department in the

administration and enforcement of laws along their respective

areas of specialization. The Bureaus exercise technical

supervision over their counterparts in the Regional Offices (ROs)

and Philippine Overseas Labor Offices (POLOs).

The Department has the following Bureaus:

Bureaus

Organizational Chart

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1) Bureau of Local Employment (BLE)

The BLE develops policies, researches, labor market analysis,

strategies, programs, projects, operating guidelines and standards, and

provides advisory to the Office of the Secretary and the

Regional Offices relative to local employment promotion and

administration.

6th Floor, First Intramuros BF Condominium Corporation, Solana St.,

corner Andres Soriano Ave. (Aduana St.), Intramuros, Manila

www.ble.dole.gov.ph

Bureaus

Organizational Chart

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2) Bureau of Labor and Employment Statistics (BLES)

The BLES develops policies, programs, projects, operating guidelines

and standards, and provides advisory to the Office of the Secretary and

the Regional Offices relative to generation, analysis and dissemination

of statistics on labor and employment.

3/F DOLE Building, Gen. Luna St., Intramuros, Manila, Philippines 1002

Tel no.: (632)527-3000 loc. 315

Bureaus

Organizational Chart

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3) Bureau of Labor Relations (BLR)

The BLR develops policies, programs, projects, operating guidelines

and standards, and provides advisory to the Office of the Secretary and

the Regional Offices relative to the administration and enforcement of

laws pertaining to labor-management relations including workers’

organization, registration, and development, and resolving appealed

intra and inter-union disputes.

6th Floor, First Intramuros BF Condominium Corporation, Solana St.,

corner Andres Soriano Ave. (Aduana St..), Intramuros, Manila

www.blr.dole.gov.ph

Bureaus

Organizational Chart

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4) Bureau of Workers with Special Concerns

The BWSC develops policies, programs, projects, operating guidelines

and standards and provide advisory/assistance to the Office of the

Secretary and the regional offices relative to the development and

protection of workers that include own-account and self-employed

workers, informal and rural workers including sugar workers, women

workers, young workers, working children, differently-abled, the older

and elderly workers and workers in the personal service of another.

9th Floor, Antonino Bldg., J. Bocobo St. cor TM Kalaw Ave., Ermita

Manila

www.bwsc.dole.gov.ph

Bureaus

Organizational Chart

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5) Bureau of Working Conditions (BWC)

The BWC primarily perform policy and program development and

advisory functions for the Department in the administration and

enforcement of laws relating to labor standards.

3rd Floor, Muralla Wing, DOLE, Building, Intramuros, Manila

www.bwc.dole.gov.ph

Bureaus

Organizational Chart

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6) International Labor Affairs Bureau (ILAB)

The ILAB develops policies, plans/programs, projects, guidelines/

procedures and standards relative to international labor and

employment concerns; and monitors the country’s observance and

implementation of all obligations, courtesies, and facilities required by

international labor affairs/associations/institutions.

Bureaus

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It also provides advisory service to the Secretary in the supervision,

monitoring and reporting of operations/activities of the Philippine

Overseas Labor Offices (POLOs) in different countries, and serves as

the instrumentality of the Department for technical cooperation,

programs and activities with other countries and international

institutions. It has Middle Eastern Affairs Division, American and

European Affairs Division, Asian and Pacific Affairs Division and the

International Relations and Cooperation Division.

2nd Floor, General Luna Wing, DOLE Building, Intramuros, Manila

www.ilab.dole.gov.ph

I.L.A.B.

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The Regional Offices and Field Offices are the operating arms of

the Department responsible for directly implementing the plans

and programs developed by the Bureaus and administering and

enforcing labor standards and laws

Each Regional Office has Mediation Arbitration and Legal Service

Unit, an Internal Management Services Division, Technical

Services and Support Division and Field Offices .

Regional Offices

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Address: DOLE-NCR Building, 967 Maligaya St., Malate Manila

Regional Director: ATTY. SARAH BUENA S. MIRASOL

Assistant Regional Director: Atty. Erwin N. Aquino

Atty. Sixto T. Rodriguez

Atty. Marlos S. Sevilla

Regional Offices - NCR

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Address: Cabinet Hill, Baguio City

Regional Director: EXEQUIEL RONIE A. GUZMAN

Assistant Regional Director: Jesus Elpidio B. Atal, Jr

Regional Offices - CAR

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Address: Arnel Building, Mabini St., Catbangen, San Fernando

City, La Union

Regional Director: NATHANIEL V. LACAMBRA

Assistant Regional Director: HONORINA DIAN-BAGA

Regional Offices – Region I

Organizational Chart

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Address: Regional Government Center, Carig Sur, Tuguegarao

City, Cagayan, Philippines

Regional Director: ATTY. EVELYN R. RAMOS

Assistant Regional Director: Atty Sofia E. Matote

Regional Offices – Region II

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Address: Diosdado Macapagal Regional Government Center,

Barangay Maimpis, City of San Fernando, Pampanga

Regional Director: ATTY. MA ZENAIDA EUSEBIA ANGARA-

CAMPITA

Assistant Regional Director: GERALDINE M. PANLILIO

Regional Offices – Region III

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Address: 3/F Confil Bldg. Roxas Drive cor. Sampaquita St.,

Lumangbayan, Calapan City, Oriental Mindoro

Regional Director: ATTY ALBERT E. GUTIB

Assistant Regional Director: Bernardo B. Toriano

Regional Offices – Region IV-B

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Address: Doña Aurora St., Old Albay, Legaspi City 4500

Regional Director: JOEL M. GONZALES

Assistant Regional Director: Imelda E. Romanillos

Regional Offices – Region V

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Address: Swan Rose Building, Commission Civil St., Jaro, Iloilo

City 5000

Regional Director: CYRIL L. TICAO

Assistant Regional Director: Ma Victoria G. Mondragon

Regional Offices – Region VI

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Address: 3rd and 4th Flr. DOLE-RO7 Building General Maxilom

Avenue Corner Gorordo Avenue Cebu City 6000

Regional Director: SALOME D. SIATON

Assistant Regional Director: Lilia A. Estillore &

Roy L. Buenafe

Regional Offices – Region VII

Organizational Chart

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Address: DOLE Compound,Trece Martires St., Tacloban City

Regional Director: YAHYA A. CENTI

Assistant Regional Director: Amable Ildefonso C. Roa

Regional Offices – Region VIII

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Address: 3rd Flr. QNS Bldg., Vet. Ave. Ext., Tumaga Rd.,

Zamboanga City, Philippines 7000

Regional Director: OFELIA B. DOMINGO

Assistant Regional Director: Imelda F. Gatinao

Regional Offices – Region IX

Organizational Chart

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Address: Monte Carlo Bldg, RER Subdivision Phase 1, National

Highway, Kausawgan, Cagayan de Oro City

Regional Director: ATTY. JOFFREY M. SUYAO

Assistant Regional Director: Estrella U. Pahalla

Regional Offices – Region X

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Address: 102 Acepal Building, Mabini Extension, Koronadal City

Regional Director: SISINIO B. CANO

Assistant Regional Director: NAOMI LYN C. ABELLANA

Regional Offices – Region XII

Organizational Chart

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Address: Nimfa Tiu Building, J. P. Rosales Avenue, Butuan City

Regional Director: CHONA M. MANTILLA

Assistant Regional Director: Arlene S. Bisnon

Regional Offices – CARAGA

Organizational Chart

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The Philippine Overseas Labor Offices act as the operating arms of

the Department in their respective geographical areas for the

administration and enforcement of duly adopted policies and

programs of the Department on international labor affairs.

PHILIPPINE OVERSEAS

LABOR OFFICES

Organizational Chart

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1) Employees’ Compensation Commission (ECC)

The ECC formulates policies, programs, guidelines on

occupational safety and health in the areas of prevention,

compensation and rehabilitation; undertakes continuing research

and studies; extends technical assistance and advice on hazard

recognition, risk assessment and abatement and control of

hazards, plans, develops, prescribes, implements, monitors

training programs on occupational safety and health; acts as

clearinghouse of information on all matters on OSH; and reviews

and/or decides appealed cases from the GSIS and SSS.

ATTACHED AGENCIES

Organizational Chart

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2) Institute for Labor Studies (ILS)

The ILS undertakes research and studies in all areas of labor

and employment policy and administration, reviews the

rationale of existing legislations and regulations, and provides

policy advocacy support to ensure responsive labor

administration.

ATTACHED AGENCIES

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3) Maritime Training Council (MTC)

The MTC is the national authority in the implementation of

Standard, Training, Certification and Watchkeeping (STCW)

Convention, as amended, and is responsible in ensuring that the

Convention is given full and complete effect.

ATTACHED AGENCIES

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4) National Conciliation and Mediation Board (NCMB)

The NCMB formulates, develops and implements policies,

programs, projects, standards, procedures, manuals of operations

and guidelines for the effective conciliation and mediation of labor

disputes, and the promotion of workplace relations enhancement

schemes, grievance handling, voluntary arbitration and other

voluntary modes of dispute prevention and settlement.

ATTACHED AGENCIES

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5) National Maritime Polytechnic (NMP)

The NMP develops and offers specialization and upgrading of

courses for both licensed officers and ratings, as well as

conducts studies on the latest maritime technologies and other

related matters for the maritime industry.

ATTACHED AGENCIES

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6) Occupational Safety and Health Center (OSHC)

The OSHC is responsible for undertaking continuing research and

studies on occupational safety and health as well as the

development and implementation of programs.

ATTACHED AGENCIES

Organizational Chart

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7) Overseas Workers’ Welfare Administration (OWWA)

The OWWA formulates and implements policies, programs,

and projects in the administration of the welfare fund for

overseas workers to be used for social and welfare services,

including insurance coverage, legal assistance, placement

assistance and remittance services.

ATTACHED AGENCIES

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8) Philippine Overseas Employment Administration (POEA)

The POEA promotes and develops the overseas employment

program, protects the rights of migrant workers and regulates

private sector participation in recruitment and overseas placement.

ATTACHED AGENCIES

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9) National Labor Relations Commission (NLRC)

The NLRC is a quasi-judicial body tasked to promote and maintain

industrial peace by resolving labor and management disputes

involving both local and overseas workers through compulsory

arbitration and alternative modes of dispute resolution.

ATTACHED AGENCIES

Organizational Chart

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9) National Labor Relations Commission (NLRC)

The NLRC is a quasi-judicial body tasked to promote and maintain

industrial peace by resolving labor and management disputes

involving both local and overseas workers through compulsory

arbitration and alternative modes of dispute resolution.

ATTACHED AGENCIES

Organizational Chart

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THE PHILIPPINE LABOR DISPUTE ADJUDICATION SYSTEM

SUPREME COURT

COURT OF APPEALS

Step Step Step Step4 IV D d

NATIONAL LABOR

RELATIONSCOMMISSION

EMPLOYEE’S COMPENSATION

COMMISSION

SECRETARYOF LABOR

VoluntaryArbitrator

Step Step Step Step3 III C c

StepII

StepB

Stepb

Step2

DOLERegional Dir.

LaborArbiter

InjunctionCases

SSS/GSIS

MedArbiter

RegionalDirector

StrikeCases

GrievanceMachinery

Step1

StepI

StepA

Stepa

Article

I29

Article

217

Article

218

Article264

Migrant

Workers Act

(RA 8042)

Rule V

Section 6

Rule VIII

Section 4

Republic Act

7730

Article

128

Article

263 (g)

Interpretation &Implementation

of the CBA

Enforcement &Implementation

of Company Rules &

Regulations on Discipline

Article

260

ORARILC READ:Francisco Guico vs.Secretary of LaborGR 131750 Nov. 16, 1998

READ:NFL vs. LaguesmaGR 123426 En Banc March 10, 1999

READ:St. Martin Funeral vs. NLRCGR 1308661, RegaladoEn Banc Sept. 16, 1998

READ:Luzon Dev. Bank vs. NLRCGR 120319En Banc Oct. 6, 1995

Articles

260

261

262

124

263 (b)

Rule 65 ROC

Petition for Certiorari

Copyright J. B. Jimenez 2012Copyright J. B. Jimenez 2012 page 87

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10) National Wages and Productivity Commission (NWPC)

The NWPC acts as the national consultative and advisory body on

matters relating to wages, incomes, and productivity; formulates

policies, programs, guidelines and standards on wages, income

and productivity improvement programs; and reviews regional

wage levels set by the Regional Tripartite Wages and Productivity

Boards (RTWPBs).

ATTACHED AGENCIES

Organizational Chart

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11) Professional Regulations Commission (PRC)

The PRC regulates and supervises the practice of the

professionals who constitute the highly skilled manpower of the

country.

ATTACHED AGENCIES

Organizational Chart

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12) Technical Education and Skills Development Authority

(TESDA)

The TESDA manages and supervises technical education and

skills development (TESD) in the country. It is the leading partner

in the development of the Filipino workforce with world-class

competence and positive work values.

ATTACHED AGENCIES

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12) Technical Education and Skills Development Authority

(TESDA)

The TESDA manages and supervises technical education and

skills development (TESD) in the country. It is the leading partner

in the development of the Filipino workforce with world-class

competence and positive work values.

ATTACHED AGENCIES

Organizational Chart

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The Role of

Business isNOT to Fight Government

BUT to Strengthen Itself and its Own Business

Organizations

Nor Resist Government Regulation

And to Argue in the Proper Forum, its Cause

with Reason and Persuasion

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The Role of

Government isNOT to Destroy

Business

BUT to Make Sure that Business Achieve its

Goals

NOR Weaken Businessmen and their

Management

Without Violating the Rights of Workers

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The government itself cannot create jobs. Jobs are created by business

people and entrepreneurs.

TOM MARINO

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Most bad government has grown out of too much government.

THOMAS JEFFERSON

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If the people cannot trust their government to do the job for which it exists – to protect them and to

promote their common welfare – all else is lost

BARRACK OBAMA

The spirit of resistance to government is so valuable on certain occasions that I wish it to

be always kept alive.

THOMAS JEFFERSON

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Government should support and defend its key industries through good policies, rather than what

sometimes makes for good politics.

GORDON NIXONCEO, Royal Bank of Canada

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The trouble with us in the government is that we talk too

much, act too slow, and do too little, don’t we? What the country needs is not more laws but more good men

in public service.

RODRIGO DUTERTE

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BO

OK

1

BO

OK

2

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@AttyJBJimenez

Atty. Josephus B. Jimenez - Atty JBJ or JJ

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Teaching Managers and

Supervisors

(AS LEADERS)

You will not know if you do not

ASK

ALWAYS SEEK

KNOWLEDGE

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THANK YOUMARAMING SALAMAT!

DIOS TI AGNGINA!

TERIMAH KASHI!

DAGHANG SALAMAT!

DOMO ARIGATO!

DAMO NGA SALAMAT!

MUCHAS GRACIAS! MERCI!

DIOS MABALOS

THAT IN CASE OF DOUBT, IT IS BETTER TO ASK

THE EXPERT.

Atty. Josephus B. JimenezTel No. 09062755926Email Add : [email protected]