The Department of Labor and Employment has clarified that the observance of the annual Ninoy Aquino Day on August 21 is mandated by law.

Secretary Arturo Brion said in a statement that there are reports that some sectors are opposing the non-working holiday next Monday in commemoration of the death anniversary of then Senator Benigno "Ninoy" Aquino Jr.

Brion said the Congress had earlier initiated the historic legislations for the observance of the Ninoy Aquino Day through House Bill 6240 passed in 2003, and Senate Bill 2636 passed the following year.

President Gloria Macapagal-Arroyo enacted the consolidated version of the Senate and House bills into law as RA 9256, otherwise known as "An Act Declaring August 21 of Every Year as Ninoy Aquino Day, A Special Non-working Holiday, and for Other Purposes," during the 18th commemoration of the People Power I on Feb. 25, 2004.

Subsequently, the first national observance of the Ninoy Aquino Day took place on Aug. 21, 2004. In the statement Labor Undersecretary for Labor Standards Romeo Lagman also said that rules applied on fixed nationwide special holidays are applicable to the observance of the Ninoy Aquino Day.

If the day is unworked, the no-pay policy shall apply unless there is a favorable company policy, practice or collective bargaining agreement granting payment on a special day even if the day is unworked.

If the day is worked, the pay is the employee's daily rate plus 30 percent for the first eight hours of work, and for work in excess of eight hours, plus 30 percent of the hourly rate on said day.

If the day falls on the employee's rest day and is worked, the employee's daily rate plus 50 percent shall apply on the first eight hours of work, and for work in excess of eight hours, plus 30 percent of the hourly rate on said day.*

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