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National Heroes Day

Photo from Pexels |Jermaine Boyles

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

National Heroes Day is celebrated every last Monday of August of every year. (Section 1 of Republic Act No. 9492)

For the year 2023, National Heroes Day shall be observed on August 28, which is the last Monday of August 2023. (Proclamation No. 90, s. 2022)


Section 1 of Republic Act No. 9492 provides for the regular holidays and national special days in the Philippines. Among the regular holidays is National Heroes Day celebrated every last Monday of August of every year.

In 2022, Proclamation No. 90, series of 2022 was issued, stating among others, that for the year 2023, National Heroes Day shall be observed on August 28, which is the last Monday of August 2023.

 

The law says:

“The following regular holidays and special days for the year 2023 shall be observed in the country:

  1. Regular Holidays

xxx

National Heroes Day – 28 August (Last Monday of August)

xxx” (Section 1, Proclamation No. 90, s. 2022)

 

Jurisprudence says:

“National Heroes Day, along with Independence Day, Araw ng Kagitingan, and Bonifacio Day, has been declared as a national holiday to afford Filipinos with a recurring opportunity to commemorate the heroism of the Filipino people, promote national identity, and deepen the spirit of patriotism.” (Asian Transmission Corporation v. Court of Appeals, G.R. No. 144664, March 15, 2004)

On August 10, 2023, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 17-23 regarding the payment of wages on the Special (Non-Working) Day of August 21, 2023 and Regular Holiday on August 28, 2023.

 

Labor Advisory No. 17-23, Series of 2023 provides for the following guidelines:

  1. If the employee does not work, the employer shall pay 100% of the employee’s wage for that day, provided that the employee reports to work or is on leave of absence with pay on the day immediately preceding the regular holiday. Where the day immediately preceding the regular holiday is a non-working day in the establishment of the scheduled rest day of the employee, he or she shall be entitled to holiday pay if the employee reports to work or is on leave of absence with pay on the day immediately preceding the non-working day or rest day (Basic wage x 100%);
  1. For work done during the regular holiday, the employer shall pay a total of 200% of the employee’s wage for that day for the first eight hours (Basic wage x 200%);
  1. For work done in excess of eight hours, the employer shall pay the employee an additional 30% of the hourly rate on said day (Hourly rate of the basic wage x 200% x 130% x number of hours worked);
  1. For work done during a regular holiday that also falls on the employee’s rest ay, the employer shall pay the employee an additional 30% of the basic wage of 200% (Basic wage x 200% x 130%); and
  1. For work done in excess of eight hours during a regular holiday that also falls on the employee’s rest day, the employer shall pay the employee an additional 30% of the hourly rate on the said day (Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked).

 

Read also: What are regular and special holidays?

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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