On the current holiday economics

Some lawyers and law students alike still argue on whether or not the Monday following a legal holiday falling on a Sunday is a working day. Indeed, Sec. 9 (b), Rule IV, Book III of the Rules Implementing the Labor Code is still printed in many current publications on the Code. It provides:

"(b) where a regular holiday falls on a Sunday, the following day shall be considered a special holiday for purposes of the Labor Code, unless said day is also a regular holiday."

Even Malacañang, in Proclamation No. 839, dated May 10, 2005, (which declared Oct. 31, 2005 and Dec. 26, 2005 as special holidays and Nov. 28, 2005 a legal holiday in lieu of Nov. 30, 2005) still referred to the said Sec. 9, Rule IV of the Implementing Rules as supposedly still good law.

The fact of the matter is that the above remnant of the former Blue Sunday law is no longer effective in this country.

Executive Order No. 203, issued by then Pres. Cory Aquino on June 1987, in her capacity then as both the Executive and the Legislature, impliedly repealed both Art. 94 (c) of the Labor Code (which specified the legal holidays) and the said Sec. 9 (b), Rule IV of the Rules. Executive Order 203 set the following:

A. Regular Holidays

1. New Year’s Day – January 1

2. Maundy Thursday – Movable date

3. Good Friday – Movable date

4. Araw ng Kagitingan – April 9

5. Labor Day – May 1

6. Independence Day – June 12

7. National Heroes Day – Last Sunday of August

8. Bonifacio Day – November 30

9. Christmas Day – December 25

10. Rizal Day – December 30

B. Nationwide Special Days

1. All Saint’s Day – November 1

2. Last Day of the Year – December 31

Note that while National Heroes Day was deliberately set on the last Sunday of August, the following Monday was not declared a holiday.

Sec. 3 of the Executive Order 203 provided that "all laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order" are repealed or modified accordingly. Pursuant to Sec. 1 of the same Executive Order, "unless otherwise modified by law, order or proclamation," the regular holidays and special days to be observed in this country are those set forth above.

After Executive Order 203, Executive Order No. 292 (the Administrative Code of 1987) adopted Exec. Order 203 as Sec. 26 of the Administrative Code.

On July 2, 2002, Rep. Act. No. 9177 amended Exec. Order 292 by making Eidul Fitr (the first day marking the end of Ramadhan) as the 11th regular holiday.

On July 28, 2003, on the other hand, Rep. Act 9256 provided for a third nationwide special day when it declared Aug. 21 of every year, Ninoy Aquino day, a special holiday.

As the 11 regular holidays and the three nationwide special days have thus been set, how is it now possible that in recent years, these regular holidays have been shifted to either Mondays or Fridays, pursuant to the government’s so-called "holiday economics?"

A review of the Administrative Code, as it now stands, upon its amendment by Rep. Acts 9177 and 9256, shows that not only Congress but also the President has the authority to revise the designation of holidays to be observed in this country. Sec. 26 of the Code allows the modification of the list of regular holidays and special days mentioned therein "by law, order or proclamation."

It therefore appears that "holiday economics" is here to stay. What with the recent report of the Philippine Tourism Authority that the just concluded All Saints Day and Eidul Fitr holidays brought an estimated P300 million in tourist receipts from Filipinos. The upswing in local tourism reportedly complemented the rising number of foreign tourists visiting the Philippines.

While this may be true, there was a concerted call on Aug. 29, 2005 of the Foreign Chambers of the Philippines, which was complemented by a similar concern from the local chamber, expressing concern over the holiday economics policy, especially because of last-minute holiday declarations. This prompted a reply from Malacañang on Sept. 5, 2005, declaring that "to the extent practicable, and without limiting Presidential flexibility, holidays shall be announced well in advance to allow businesses to anticipate them and plan ahead with greater certainty."

We can only hope that this pronouncement will now set a certain degree of confidence in the business community that the government’s apparently popular "holiday economics" program will not unduly affect the continued operations of business and industry.

(The author is a Senior Partner of Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW). He may be contacted at tel #: 830-8000; fax #: 894-4697 or email at: [email protected])