Jurisdiction Session 3

Requirements to Perfect an Appeal to the NLRC
Definition of Appeal
Refers to the elevation by an aggrieved party to an agency
vested with appellate authority to any decision, resolution,
or order disposing the principal issues of a case rendered by
an agency vested with original jurisdiction, undertaken by
filing of a memorandum of Appeal
Some Principles
Article 223 of the Labor Code applies only to appeals of
decisions by the LA to the NLRC
Elevating the decision of the NLRC to the CA (petition for
certiorari under Rule 65) or the SC (from CA to SC, petition
for review on certiorari) is based, however, on the Rules of
Court
Millennium Erectors Corporation vs Magallanes
(2010): a motion for reconsideration is unavailing as a
remedy against a decision of the Labor Arbiter. The Labor
Arbiter should treat such as an appeal to the NLRC.
o Petition for Relief should also be considered as an
appeal
A party who does not appeal from a decision of a court
cannot obtain affirmative relief other than the ones granted
in the appealed decision
What are the grounds for appeal to the NLRC?
1. Prima facie evidence of abuse of discretion on the part of
the LA
Triad Security and Allied Svs. Vs Ortega: the NLRC
has power of certiorari and the power to rectify any
abuse of discretion committed by the LA is expressly
recognized in the case of Auza, Jr. vs MOL Philippines
2. Decision, order, award was obtained through fraud or
coercion, including graft and corruption
3. Made purely on questions of law and/or
4. If serious errors in the findings of fact are raised which, if not
corrected would cause grace and irreparable damage or
injury to the appellant
Perfection of Appeal
Araneta| LaborRev| Jurisdiction of the Courts| II
What is the effect of perfection of appeal on execution?

It stays the execution of the decision of the LA, except as
to the order of reinstatement
How is an appeal to the CA perfected?
In order for the NLRC to obtain jurisdiction, the appeal
must be made within the period and in the manner
prescribed by law. The following are the requisites:
i. Observance of the reglementary period
Either 10 calendar (not working) days or 5
days depending on the subject of the
appeal
ii. Payment of the appeal and legal
research fee
iii. Filing of Memorandum of Appeal
iv. Proof of Service to the other party; and
v. Posting of case, property or surety bond,
in case of monetary awards
STEP 1: OBSERVANCE OF THE REGLEMENTARY PERIOD.

GENERAL RULES:
1O DAYS
In the case of appeal from
decisions of the LA under Art.
223 of the LC
Art. 223. Appeal. Decisions,
awards, or orders of the Labor
Arbiter are final and executory
unless appealed to the
Commission by any or both
parties within ten (10) calendar
days from receipt of such
decisions, awards, or orders.
Such appeal may be entertained
only on any of the following
grounds:
a. If there is prima facie
evidence of abuse of discretion
on the part of the Labor Arbiter;
b. If the decision, order or award
5 DAYS
In the case of appeals from
decision of the DOLE Regional
Director under Art. 129 of LC:
money claims less than 5k
without prayer for
reinstatement
Art. 129. Recovery of wages,
simple money claims and other
benefits. Upon complaint of any
interested party, the Regional
Director of the Department of
Labor and Employment or any of
the duly authorized hearing
officers of the Department is
empowered, through summary
proceeding and after due notice,
to hear and decide any matter
involving the recovery of wages
1
was secured through fraud or

coercion, including graft and
corruption;
c. If made purely on questions of
law; and
d. If serious errors in the
findings of facts are raised which
would cause grave or irreparable
damage or injury to the
appellant.
In case of a judgment involving
a monetary award, an appeal by
the employer may be perfected
only upon the posting of a cash
or surety bond issued by a
reputable bonding company
duly accredited by the
Commission in the amount
equivalent to the monetary
award in the judgment appealed
from.
In any event, the decision of the
Labor Arbiter reinstating a
dismissed or separated
employee, insofar as the
reinstatement aspect is
concerned, shall immediately be
executory, even pending appeal.
The employee shall either be
admitted back to work under the
same terms and conditions
prevailing prior to his dismissal
or separation or, at the option of
the employer, merely reinstated
in the payroll. The posting of a
bond by the employer shall not
stay the execution for
reinstatement provided herein.
To discourage frivolous or
dilatory appeals, the
Commission or the Labor Arbiter
and other monetary claims and

benefits, including legal interest,
owing to an employee or person
employed in domestic or
household service or
househelper under this Code,
arising from employer-employee
relations: Provided, That such
complaint does not include a
claim for reinstatement:
Provided further, That the
aggregate money claims of each
employee or househelper does
not exceed Five thousand pesos
(P5,000.00). The Regional
Director or hearing officer shall
decide or resolve the complaint
within thirty (30) calendar days
from the date of the filing of the
same. Any sum thus recovered
on behalf of any employee or
househelper pursuant to this
Article shall be held in a special
deposit account by, and shall be
paid on order of, the Secretary
of Labor and Employment or the
Regional Director directly to the
employee or househelper
concerned. Any such sum not
paid to the employee or
househelper because he cannot
be located after diligent and
reasonable effort to locate him
within a period of three (3)
years, shall be held as a special
fund of the Department of Labor
and Employment to be used
exclusively for the amelioration
and benefit of workers.
Any decision or resolution of the
Regional Director or hearing
officer pursuant to this provision
may be appealed on the same
grounds provided in Article 223
shall impose reasonable penalty,

including fines or censures,
upon the erring parties.
In all cases, the appellant shall
furnish a copy of the
memorandum of appeal to the
other party who shall file an
answer not later than ten (10)
calendar days from receipt
thereof.
of this Code, within five (5)

calendar days from receipt of a
copy of said decision or
resolution, to the National Labor
Relations Commission which
shall resolve the appeal within
ten (10) calendar days from the
submission of the last pleading
required or allowed under its
rules.
The Commission shall decide all

cases within twenty (20)
calendar days from receipt of
the answer of the appellee. The
decision of the Commission shall
be final and executory after ten
(10) calendar days from receipt
thereof by the parties.
Any law enforcement agency
may be deputized by the
Secretary of Labor and
Employment or the Commission
in the enforcement of decisions,
awards or orders. (As amended
by Section 12, Republic Act No.
6715, March 21, 1989)
Note that in these cases, the law contemplates calendar days and
not working days
May the 10/5-day reglementary period be relaxed?
Yes. it is always within the power of the court to suspend its
own rules or to ecept a particular case from its operation,
when:
(1) there is an acceptable reason to excuse the tardiness in the
taking of the appeal
(2) whenever the purposes of justice requires it
Specific instances of relaxation of the rule:
(1) when the last day of filing falls on a Saturday, Sunday, or

holiday, on which case, the appeal may be filed in the next
working day- Judy Phils. Vs NLRC
(2) reliance on the decision which stated working days and
not calendar days- Firestone Tire vs Lariosa
(3) filing of petitions for extraordinary remedies from the orders
or resolutions of LA or on third party claims.
a. Why? According to the 2011 rules of the NLRC, the
decision of the LA on third party claims is not
appealable byt may be elevated to the NLRC, and
resolved in accordance with the Rule on
Extraordinary Remedies. 10 days
(4) Appeals of contempt cases of Las
(5) When the NLRC exercises its power to correct, amend, or
waive any error, defect or irregularity whether in substance
or form, in its appellate jurisdiction under 218 (c)
(6) When technical rules are disregarded under Art. 221: to
ascertain the facts in each case speedily and objectively and
without regard to technicalities of law or procedure, all in
the interest of due process.
(7) When there are some compelling reasons to justify the
allowance of the appeal despite such late filing, as when it is
granted in the interest of substantial justice
How should the period be treated?
They are mandatory and not a mere technicality.
Hence, miscomputation of the period will not forestall the
finality of the judgment
What is the effect of failure to appeal during the
reglementary period?
Renders the judgment appeal from final and executory by
operation of law
Prevailing party, is entitled, to a writ of execution and
ministerial duty (therefore compellable by mandamus)
Motion for extension of time to perfect an appeal,
motion for extension to file Memorandum, and motion
for extension of time to file appeal bond, are not
allowed. Prohibited
When should the reglementary period be reckoned?
For purposes of appeal, the reglementary period shall be
counted from receipt of decision order or resolutions by the
counsel or representative and not by the party
Date of mailing by registered mail of the appeal

memorandum is the date of its filing
STEP 2: APPEAL FEE AND LEGAL RESEARCH FEE
It is mandatory and jurisdictional
Appeal is perfected only when there is proof of such
payment
If it is not paid, the running of the period to appeal is not
tolled
Are there exceptions to the rule on payment of Appellate

Court docket Fees?
Yes. these are:
(1) most persuasive and weighty reasons
(2) to relieve litigant from injustice not commensurate with his
failure to comply with the procedure
(3) good faith and payment right after the default
(4) special and compelling circumstance
(5) merits of the case
(6) delay not attributable to the party favored by suspension of
the rule
(7) not frivolous or dilatory
(8) peculiar, legal, and equitable circumstances
(9) importance of issue involved
(10)
the other party will not be unjustly prejudiced
(11)
fraud, accident, mistake, or excusable negligence not
attributable to the party
(12)
substantial justice and fair play
(13)
exercise of sound discretion by the judge
STEP 3: MEMORANDUM OF APPEAL
REQUISITES:
(1) should be verified by the appellant in accordance with the
ROC
note however that lack of such is not a fatal defect. It
may be corrected by taking of oath
supplemental appeal need not be verified
however, the appeal may be dismissed if it is signed by
an unauthorized representative
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(2)
(3)
(4)
(5)
only the parties who have signed the memorandum of

appeal are deemed to have appealed the LAs decision,
therefore, the others who have not appealed cannot
obtain from any appellate court any relief
it should be presented in three legibly written or printed 3
copies
shall state the grounds relied upon and the arguments in
support thereof, including the relief prayed for
shall contain the statement of the date the appellant
received the appealed decision, award, or order
accompanied by:
a. proof of payment of fees
b. posting of cash or surety bond (for monetary awards)
c. proof of service upon the other party
Are the requirements jurisdictional?

No. note that such requirements was merely a rundown of
what the memorandum should contain
Navarro vs NLRC: however, the perfection of the appeal
includes the filing within the prescribed period, the MEMO
containing the assignment of errors, arguments in support
thereof, and relief sought and, in some appropriate cases,
filing of appeal bond
Is notice of appeal sufficient?
No. the requirements must be complied with to toll the
reglementary period
Is it the same as that of a motion for reconsideration? No.
Is the certificate of Non-forum shopping necessary?
No. it is only required in the initiatory pleading or petition
filed with the Labor Arbiter.
STEP 4: PROOF OF SERVICE TO THE OTHER PARTY
Should the appellant also serve a copy of the
Memorandum?
Yes, in all cases. However, noncompliance with such will not
be an obstacle to the perfectionof the appeal, nor will it
amount to a jurisdictional defect on the NLRC taking
cognizance of the case
STEP 5: POSTING OF BOND
When is it necessary to file a bond?

Only in the case the decision of the LA or the DOLE
Regional Director involves a monetary award.
Hence, backwages, unpaid wages, separation pay, 13th
month, etc. are required to be covered by a bond
Not included: damages, attorneys fees. Hence, in the case
of Erectors vs NLRC., the LA was erroneous when it
awarded moral and exemplary damages in the computation
of the bail bond.
The bond must be valid and effective from the date of
posting until the case is terminated
Note that bank certification or bank guarantee is not
sufficient compliance with the bond requirement
Hence, when is it not necessary?
When there is no monetary award.
There is no duty to post appeal bond if the monetary award
is not specified in the decisions. Hence in the case of Your
Bus Line vs NLRC, when the LA failed to state the exact
amount due which would be the basis of the computation of
the bond, the failure o the petitioner to post bond was
excused because it was misled by the LA
In case of the conflict between body and the fallo of the
decision, the fallo shall prevail.
What are the forms of bonds?
(1) cash deposit
(2) surety bond
must be issued by a reputable bonding company duly
accredited by the NLRC or the Supreme Court
(3) property bond
When should the bond be posted?
It must be made within the reglementary period
Non-payment will not stay the execution and the finality of
the decision of the LA
Remedy of failure to post a bond during appeal: motion to
dismiss the appeal and not a petition for mandamus for
issuance of the writ of execution
Are there exemptions to the posting of appeal bonds?
Yes. the government is exempt.
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But not,GOCCs or even cooperatives

May the rule for disallowance of appeal if appeal bond is
not posted be relaxed?
YES. the rules on posting of bond have been construed

liberally and relaxed considering the substance. Merits of
the case and the existence of exceptional circumstances:
a. Fundamental consideration of substantial
justice
b. Prevention of miscarriage of justice or of
unjust enrichment
c. Existence of special circumstances in the case
combined with its legal merits, as well as the
amount and the issue involved
d. Exerting earnest efforts to abide by the law
and the rules
hence, in Calabash vs NLRC, the fact that the monetary

award runs into millions would not be enough justification
neither is financial difficulty or financial capacity would be
sufficient
even if there is a motion to reduce appeal bond, the full
amount of the monetary award should still be posted within
the reglementary period
What then would be the remedy?

(1) pay the appeal bond partially while the motion to
reduce bond is pending before the NLRC.
a. Rosewood Processing vs NLRC: when the petitioner
paid 50k as appeal bond while the motion to reduce
bond was still pending in the amount of 789k, he was
considered as having complied with the rule
substantially
(2) the partial bond must be posted during the
reglementary period (Filipinas Sytems vs NLRC)
(3) Sapitan vs JB Line: the bond must not be inadequate
May the appeal bond be reduced?

Generally, the appeal bond that should be posted whould be
equivalent ot he monetary award of the LA.
Yes. Provided that [2011NLRC Rules of Procedure]:
(1) the motion should be filed within the reglementary period
(2) the motion reduce bond should be based on meritorious
grounds
(3) the motion should be accompanied by the partial bond, the
amount of which should be reasonable in relation to the
monetary award
When is there a meritorious case to allow reduction of the
appeal bond?
Maynilad Water Supervisors Association vs Maynilad Water
Services
(1) there was substantial compliance with the rules
(2) surrounding facts and circumstances constitute meritorious
grounds
(3) it will serve the desired objective of resolving controversies
on the merits
(4) the appellants exhibited their willingness and/or good faith
by posting a partial bond during the reglementary period
THE NATIONAL LABOR RELATIONS COMMISSION (NLRC)

WHAT IS THE NATURE OF THE OFFICE OF THE NLRC?
it is an administrative quasi-judicial body
attached to the DOLE solely for program and policy
coordination only
it is in charge of labor cases through compulsory arbitration
What is the NLRC composed of?
The NLRC has 23 members called Commissioners and one
Chair
It has tripartite composition.
o 8 from the workers sector
o 8 from the employers sector
o the chairman and the other 7 members are from the
public sector to be chosen, preferable from the
current LAs
note that the NLRC may act in two capacities/compositions
in divisions or en banc
En Banc
8 divisions
Composed of 8 divisions, each
one comprised of 3 members
each
1 member from the
public sector who is the
presiding Commissioner
1 member from the
workers sector
1 member from the
employers sector
Has not adjudicatory powers

and may only sit for the
following purposes only:
(1) promulgate rules and
regulations governing the
hearing and disposition of cases
before any of its divisions and
regional branches
(2) to formulate policies
affecting its administration and
Exclusive Appellate
territorial Jurisdiction of
each division :
(1) First to Sixth
Divisions- exclusive
territorial jurisdiction
over appealed cases
from Luzon
(2) Seventh Division- for
appealed cases from
operations
Visayas
(3) Eighth Division- for
appealed cases from
Mindanao
But under temporary or
emergency cases, the
Commission siting en banc may
allow any division to hear cases
not within its territorial
jurisdiction provided that its
dockets allow such and will not
expose litigants to unnecessary
and additional expenses
TWO KINDS OF JURISDICTION OF THE NLRC

EXCLUSIVE ORIGINAL
JURISDICTION
(1) PETITION FOR INJUNCTION
IN RDNARY LABOR
DISPUTES. To enjoin any
actual or threatened
commission of any or all
prohibited or unlawful acts or
to require performance of an
act, which, if not restrained or
performed, will cause grave
and irreparable damages
(2) PETITION FOR INJUNCTION
IN STRIKES OR LOCKOUTS.
under art. 2641 of the LC
(3) CERTIFIED CASES. Referring
to labor disputes which could
cause strikes or lockouts by an
industry as certified by the
SoLE for compulsory
arbitration
NLRC and the LAs

NLRC
Its exercise of its adjudicatory
powers is not in the nature of
compulsory arbitration because
they only review the decisions of
the LA
EXCLUSIVE APPELLATE
JURISDICTION
(1) All cases decided by
the LA
a. Including
contempt cases
(2) Cases decided by the
DOLE Regional
Directors or hearing
officers involving small
money claims
LAs
Has principal power to conduct
compulsory arbitration
What is the Effect of NLRC Reversal of LAs order of

Reinstatement?
From the decision of the LA of reinstatement up until the

time the said decision is reversed by an appellate
tribunal like the NLRC, CA, or SC, the employee is
entitled to reinstatement wages.
1 Art. 264. Prohibited activities

Doctrines
Roquero Doctrine
Genuino Doctrine
That in cases where
Qualified the
an employee is
Roquero Doctrine:
ordered reinstated
by the LA, and the
an employee who is
employer fails or
reinstated only in
refuses to obey such
the payroll, should
order, but intiates an
refund the
appeal, and the LAs
reinstatement
decision is later on
wages after the
reversed, the
reversal of the
reversal will not
appellate court
exculpate him from
the liability to pay
the reinstatement
wages of the
employee reckoned
from the time the
employee was
ordered reinstated
by the LA up until
the date of its
reversal on appeal
The employee also
is not required to
reimburse the
employer of the
wages paid during
such period, much
less if the employee
actually rendered
services
Hence, applicable
only on actual
reinstatement
and/or refusal of
the employer to
reinstate despite
order
Garcia
The Roquero
doctrine was
affirmed but
modified:
after the LAs

decision is
reversed by the
higher tribunal,
the employee
may be barred
fro collecting the
accrued wages, it
is shown that the
delay in enforcing
the
reinstatement
pending appeal
was without the
fault of the
employer
Test to determine whether the delay was due to the acts of

the employer, hence, not to be liable for payment of
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reinstatement wages during such period, unless there is

actual reinstatement:
(1) there must actual delay or the fact that the order or
reinstatement pending appeal was not executed prior to its
reversal
(2) the delay must not be due to the employers unjustified act
or omission
a. if unjustified refusal, then the employer may still be
required to pay the salaries notwithstanding the
reversal of the LAs decision
Hence, in the case of Garcia vs PAL, there was actual delay in the
reinstatement of the petitioners, however, PAL was justified in not
complying with the reinstatement order because the SEC placed
the PAL under Interim Rehabilitation Receiver
What is the RECKONING PERIOD for the reinstatement
wages?
The employee is entitled to reinstatement wages only
from the time the employer received a copy of the
LAs decision declaring the employees termination
illegal and ordering their reinstatement up to the
date of the decision of the appellate tribunal
overturning that of the LA.
Is this applicable when it is the NLRC who has ordered the
reinstatement and the decision is reversed by the CA or SC?
No. employer is not liable to pay any reinstatement
backwages if resintatmetn is ordered not by the LA but
by the NLRC on appeal and it was not executed by writ
and its finding illegal dismissal is later reversed by the
CA, and/or SC
Hence, for it to apply, the NLRC must order the
reversal of reinstatement and there must be
issuance of the writ
REMEDIES
Aside from the Remedy of Appeal, the NLRC has the
following powers:
A. Under 218:
(1) Administering Oaths;
(2) Summoning of the parties to a controversy
(3) Subpoenas duces tecum and ad testificandum
(4) Investigation of matters within its jurisdiction
(5) Conduct its own proceedings and for this purpose to:
a. Conduct investigations
b. Proceed to hear and determine issues
c. Conduct its proceedings or any part thereof in public
or in private
d. Adjourn its hearing to any time and place
e. Refer technical matters to experts
f. Order inclusion or exclusion of parties
g. Correct, amend, or waive any error defect, or
irregularity in substance and/or in form
h. Give directions it may deem necessary and expedient
i. Dismiss any matter and refrain form hearing if trivial
or not necessary or desirable
B. Other Remedies
(1) Conciliation and Mediation
Art. 221 of the LC
Art. 221. Technical rules not binding and prior resort to amicable
settlement. In any proceeding before the Commission or any of the
Labor Arbiters, the rules of evidence prevailing in courts of law or
equity shall not be controlling and it is the spirit and intention of
this Code that the Commission and its members and the Labor
Arbiters shall use every and all reasonable means to ascertain the
facts in each case speedily and objectively and without regard to
technicalities of law or procedure, all in the interest of due process.
In any proceeding before the Commission or any Labor Arbiter, the
parties may be represented by legal counsel but it shall be the duty
of the Chairman, any Presiding Commissioner or Commissioner or
any Labor Arbiter to exercise complete control of the proceedings
at all stages.
Any provision of law to the contrary notwithstanding, the Labor
Arbiter shall exert all efforts towards the amicable settlement of a
labor dispute within his jurisdiction on or before the first hearing.
The same rule shall apply to the Commission in the exercise of its
original jurisdiction.
2011 NLRC rules
Section11. Conciliation and Mediationin the exercise of its
exclusive, original and appellate jurisdiction, the Commission may
exert all efforts towards the amicable settlement of a labor dispute.
The settlement of cases on appeal, to be valid and binding between
parties, shall be approved by the Commission
8
RA 10396 or the Mandatory ConciliationMediation Law
(2) Conduct of ocular inspection as per Art. 219 of the LC

Art. 219. Ocular inspection. The Chairman, any Commissioner,
Labor Arbiter or their duly authorized representatives, may, at any
time during working hours, conduct an ocular inspection on any
establishment, building, ship or vessel, place or premises, including
any work, material, implement, machinery, appliance or any object
therein, and ask any employee, laborer, or any person, as the case
may be, for any information or data concerning any matter or
question relative to the object of the investigation.
(3) Grant of extraordinary Remedies per 2011 NLRC
Rules of Procedure
These are not provided in the LC
Directed against the orders or resolutions issued by
the Labor Arbiter in the courts of the proceedings
before him where the remedy of appeal is not
available
Constitutes as an exception to the rule that no
appeal may be instituted form Labor Arbiters Order
arising from execution proceedings or incidents
thereof
Grounds:
i. Prima facie evidence of abuse of discretion of
LA
ii. Serious errors in the findings of facts
iii. If a party by fraud, mistake, or excusable
negligence has been prevented form taking
an appeal
iv. Purely questions of law
v. Order or resolution will cause injustice if not
rectified
How are such initiated?
i. Through a verified petition to annul or modify
such order or resolution by the Labor Arbiter
ii. May be accompanied by prayer for TRO or
injunction, in such a case, a bond is required
to be posted in the amount of P50,000.00 or
higher amount as the NLRC may determine
When?
i. Not later than 10 days from receipt of order or
resolution
What is the effect on the filing of the petition to the
proceedings before the LA?
i. The proceedings must continue unless
restrained
What is the effect on the execution?
i. Execution shall not be suspended, but no
money collected or credit garnished may be
released or levied upon be sol by pubic action
within 15 days from the filing of the petition,
unless there is a TRO or injunctive relief
on the same.
may a TRO ex parte be issued?
i. Yes provide that there be irreparable damage
before the petition can be resolved, which
shall be for inextendible period of 20 days
What will happen if the Commission finds the
allegations of the petitioner as true?
i. Then, it must render a judgment for relief
prayed for and/or
ii. Grant a final injunction perpetually enjoining
the LA to any person acting under such
authority from committing or confirming the
preliminary injunction
On what grounds may the Commission dismiss?
i. Same is patently without merit
ii. For delay only
iii. Questions are to unsubstantial to require
consideration
CERTIFIED CASES
CERTIFIED LABOR DISPUTES

National interest cases certified by the DOLE Secretary for
compulsory arbitration under Art. 263 (g) of the LC: 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.
9
C. BUREAU OF LABOR RELATIONS AND MED-ARBITERS
What is the effect of a certification of a labor dispute

to the SoLE or to the NLRC?
(1) The impending strike or lockout is automatically
enjoined, notwithstanding any MR
(2) If strike has already taken place, the employees must
immediately return to work
(3) All cases already filed or may be filed are
considered to be subsumed or absorbed by the
certified case, and shall be decided by the
appropriate Division of the commission
(4) The parties shall inform their counsels and the
Division of such certification of their pending case,
otherwise, contempt
Doctrines:
(1) DOLE Secretary has the power to assume jurisdiction over a
labor dispute, and necessarily includes and extends to all
questions and controversies arising therefrom, including the
cases which the LA has jurisdiction. [Samahang
Mangagawa ng Sulpicio Lines, Inc. vs NAFLU-Sulpicio
Lines; International Pharmaceuticals, Inc vs SoLE;
PASVIL/Pascual Liner, Inc. Workers Union-NAFLU vs
NLRC]
How are certified cases executed?

o The NLRC, not the SoLE which has the power to
cause the execution of judgment rendered therein
o Maybe done by the Commission motu proprio
or by motion of the party
o The Commission may seek the assistance of
the PNP
General Direction of Cases: Med-ArbiterDOLE Regional Director

BLR Director
The BLR
Established under EO 213 and Organization Plan 20-A
Took over the Conciliation and Registrar of Labor
Organizations
Planning, policy-making, consultative and advisory body in
the promotion and maintenance of industrial peace
Mandate:
o National registry of unions and CBAs
o Regulatory and developmental policies, standards
and programs to promote the right to organize,
collective bargaining, and income of the workers and
their organizations
o Lead agency in workers and employers education
o Adjudicate inter- and intra-union disputes
o Bipartism and tripartism
o Programs to strengthen industrial peace
The MED- Arbiter
Officer in the Regional Office or in the BLR authorized to
hear and decide:
o Representation cases
o Inter-union and intra-union disoutes
o Other related labor relations disputes
o But not cancellation of union registration cases
Has the power to determine the existence of employeremployee relationship
However, it has no power to order the renegotiation of a
CBA
Has Injunctive powers (TRO or Writ of Preliminary Injunction)
and contempt powers
Factual findings are accorded with great respect
May issue a writ of execution upon motion or motu proprio,
5 years from the date it becomes final
JURISDICTION
(1) inter- union and intra-union disputes
Inter-union or representation
Intra-union or internal union
10
dispute
One occurring or carried on
between and among unions
Any conflict between and
among legitimate labor unions
involving representation
question for purposes of
collective bargaining or to any
other conflict or dispute
between legitimate labor
unions
(1) validity of VR, Certification
Election, Consent Election,
run-off
dispute
Conflict within or inside a labor
union
Conflict between and among
members including violations
of conditions of membership,
or over union constitution and
by laws
Control, supervision,
management of the internal
affairs of the duly registered
labor union
(1) union election of officers
(2) audit or accounts of
unions or workers
association
(3) deregistration of CBAs
(4) affiliation or nonaffiliations
(5) opposition to application
for union or CBA
registration
(6) disgreements over
chartering or registration
2. Other Labor Relations Dispute

Between union and employer
Betwee union and a group that is not an LO
Labor union and person not a member of the union
Cancellation of registration of Labor unions and workers
association filed by individuals not members or groups
not a LO
Interpleader
(2) intra-union
disputes
(3) other related
labor
relations
disputes
(4) contempt
cases
unions, local
chapters, and
workers
association
(2) deregistration of
CBAs
(3) examination of
books of accounts
national unions,
industry unions, and
trade union centers
and their local
chapters, affiliates
and member
organizations
(2) request for books of
accounts of such
organizations
(3) intra-union disputes
involving such
organizations
(4) contempt cases
Appellate Jurisdiction
A. From Med-Arbiters
(2) If unorganized,
(1) intra-union disputes
order to conduct
from
CE is not subject to
(2) Other related labor
appeal
disputes
if re: resultsB. From DOLE
protest, then appeal
Regional Directors
to SoLE
(3) petition for
cancellation of
(3) if organized, order
registration of
granting conduct or
independent unions,
order dimissing or
local chapters, and
denying petition may
workers association
be appealed to the
from
SoLE within 10 days
(4) deregistration of
CBAs
(5) examination of
books of accounts
Remedies:
A. Original and exclusive jurisdiction of Med- Arbiters,

DOLE Regional Directors and BLR Directors
Med-Arbiters
DOLE Regional
Directors
(1) inter-union
(1) petition for
disputes
cancellation of
representatio
registration of
n and CE
independent
BLR Director
(1) petition for
registration or
cancellation
involving federations,
(1) Decisions of BLR Director (exclusive and original)

Secretary of DOLE Rule 65 to CA
(2) (eo) Med Arbiter (a) BLR Director Court of Appeals
by 65 (not SoLE)
Exception: Inter-union disputes from MedArbiter Appealable to the Secretary of Labor
(3) (eo) Regional Director- (b) BLR CA through 65
Exception: Heritage Hotel Manila vs National
Union of Workers in Hotel Restaurants and
11
Allied Industries- Heritage Manila: in the

absence of a BLR Director (e.g., inhibited himself
form handling appeal) , there is no person more
competent other than the SoLE
Administrative Function of the BLR and the LRDs
(concurrent administrative functions)
(1) Registration of Labor Unions
(2) Keeping of registry of unions
(3) Maintenance and custody of the rules of CBAs and other
related documents
(4) Records of Settlement of dispute
(5) Copies of orders and decisions of the Voluntary Arbitrators
Note that the BLR and not the SEC for the registration of
unions and labor organizations to make such legitimate
D. NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB)
Is an agency attached to the DOLE principally in charge of

the settlement of labor disputes through conciliation,
mediation and the promotion of country approaches to labor
dispute prevention and settlement
Who is a conciliator-mediator?
Officer of the NCMB whose function is to assist in the
settlement and disposition of labor-management disputes
through:
a. Conciliation
b. Preventive mediation
What is the nature of the office of NCMB?
According to the case of Tabigue vs International Copra
Export Corporation (2009), the NCMB is not a quasijudicial agency.
Hence, the rulings of the NCMB cannot be elevated
and are not cognizable by the CA through Rule 45 of
the Rules of Court, as they are not decisions, awards, final
orders, or resolutions
Conciliation and Mediation
Conciliation
Mediation
Refers to a process whereby a neutral third person,

intervenes in a dispute involving two or more conflicting
parties for the purpose of reconciling their differences or
persuading them into adjusting or settling
There really is no marked distinction for purposes of the
Labor Code. However, in other jurisdictions:
Given more power and

Normally facilitates the
authority in that he may not
discussion of the issues and may
only offer an opinion but
or may not give his opinion
constitution a binding opinion
(1) Facilitative Mediation
thereon provided that the
(2) Evaluative Mediation
parties stipulate to that effect
Enjoys the protection of privileged communication and
whatever information and statements are made, may not be
used evidence in the proceeding, same with the BLR, MedArbiters, or any of its hearing officers
Similarly, conciliators may not be witnesses
What is preventive Mediation?

It covers potential labor disputes that are subject to a formal
or informal request for conciliation and mediation assistance
sought by either or both parties
This is to avoid the actual labor disputes
How is preventive Mediation initiated?
First, notice or request of preventive mediation (not notice
of strike or lockout)
Second, by conversion of the notice of strike/lockout into a
preventive mediation case
Who may file a notice or request for Preventive mediation?
Certified or recognized bargaining representatives may file
only on two grounds which may or may not be
strikeable or non-strikeable:
a. Bargaining deadlocks
b. Unfair labor practices
May the NCMB convert a notice of strike/lockout filed by the
union into a preventive mediation case? Yes, on the following
cases:
(1) when not strikeable
12
(2) if strikeable ground, if the parties voluntarily submit or asks

for conversion
(3) when both mutually agree to a labor dispute to have it
subjet to preventive mediation proceeding
What is the effect of conversion of dispute or notice?
PAL vs Secretary of Labor and Employment (1991)
and San Miguel vs NLRC (2003): Notice is deemed
dropped from the dockets as if no notice was filed and any
strike staged by such union will be illegal
13
E. THE DOLE REGIONAL DIRECTORS

Composition
There are 12 regional offices and each is headed by a
regional director
They are the duly authorized representatives of the DOLE
Secretary referred to in Art. 218 exercising visitorial and
enforcement powers
Jurisdiction
A. Original and Exclusive
(1) Labor Standards enforcement cases under Art. 128.
(2) Small Money Claims arising form Labor Standards
violations not exceeding P5,000.00 and not
accompanied with a claim for reinstatement
(3) Occupational and safety violations
(4) Registration of unions and cancellations thereof,
cases filed against unions and other labor relations
related cases
(5) Complaints against private recruitment and
placement agencies for local employment
(6) Cases submitted to them for voluntary arbitration in
their capacity as Ex-Officio Voluntary Arbitrators
A. Labor Standards enforcement cases under Art. 128.

Refers to the minimum requirements prescribed by the
existing laws and regulations relating to wages, hours, cost
of living allowances, and other monetary and welfare
benefits, including the occupational health and safety
standards
The power to visit and enforce standards pertains to the
establishment and not to the employees. Hence, in
Maternity Childrens Hospital vs Secretary of Labor,
the benefits of such exercise shall equally apply to all
employees and not only to the specific individuals who
signed the complaint. It must however, be not extended to
those who resigned, retired, or ceased to be employees at
the time the complaint was filed.
(1) Visitorial Powers: cases involving the inspection of

establishments to determine compliance with labor
standards
They shall have the power to access the records
of the employers at eny time of the day or night,
whenever work is undertaken therein
May copy form records and question the
employee and investigate on any fact, condition
or matter which may be necessary to determine
violations or which may aid in the enforcement of
the laws
(2) Enforcement Power: issuance of compliance orders and
writs of execution when there is an employer-employee
relationship:
a. To issue compliance orders to give effect to the
labor standards provisions of the LC and other
legislations
b. Writs of execution to the appropriate authority
for the enforcement of their orders except in
cases where the employer contests the findings of
the labor employment officer, in which case, the
Labor Arbiter shall have jurisdiction
c. Order stoppage of work or suspension of
operations, and after such order, hearing must be
had within 24 hours to determine whether or not to
lift the same
d. To require the employers to keep the records of their
employees
Requisites to exercise the two powers:
(1) there is an employer-employee relationship at the
time the complaint was made
a. the Regional Director has the power to make such
determination to the exclusion of the NLRC,
subject to judicial review
b. if there is no longer any employer-employee
relationship, the Labor Arbiter shall have
jurisdiction
(2) findings were made in the course of action,
whether through complaint or routine inspection
(3) there is not claim or action before the Regional
Director for Small money claims or the Labor
Arbiter
Original Jurisdiction:
14
a. once the complaint has been taken cognizance of

by the DRD under 129 or the LA under 217,
jurisdiction already attaches
b. note however that in CIRINEO BOWLING
PLAZA VS SENSING, the visitorial and
enforcement powers of the DOLE Regional
Director to order and enforce compliance with
labor standards law can be exercises even where
the individual claim exceeds P5,000.00. hence,
the DRD should not stop the proceeding once the
claim already exceeds P5,000.00
B. Small Money Claims in amounts not exceeding P5,000.00
Requisites: in the absence of any of the requisites, the LA has
jurisdiction
(1) claim is presented by an employee or domestic worker
or kasambahay
(2) the claimant, no longer being employed, does not seek
reinstatement
the employment relationship no longer exists at the time of the
filing of the complaint.

o
There must be no questioning of the legality of the dismissal
and prayer for reinstatement, otherwise, the jurisdiction must
be with the Labor Arbiter
Otherwise, it will fall under Art. 128 where existence of such
relationship is a requisite
(3) the aggregate money claim of the employee or the domestic worker
does not exceed P5,000.00
a. if it exceeds the P5000.00, jurisdiction is lodged with the LA
b. it may include unpaid wages, salary differentials, 13th month pay, and other
benefits
Differences between Art. 128 and 129
Art. 128.
The Secretary of Labor and Employment or his duly authorized
representatives, including labor regulation officers, shall have
access to employers records and premises at any time of the
day or night whenever work is being undertaken therein, and
the right to copy therefrom, to question any employee and
investigate any fact, condition or matter which may be
necessary to determine violations or which may aid in the
enforcement of this Code and of any labor law, wage order or
rules and regulations issued pursuant thereto.
Notwithstanding the provisions of Articles 129 and 217 of this

Code to the contrary, and in cases where the relationship of
employer-employee still exists, the Secretary of Labor and
Employment or his duly authorized representatives shall have
the power to issue compliance orders to give effect to the labor
standards provisions of this Code and other labor legislation
based on the findings of labor employment and enforcement
officers or industrial safety engineers made in the course of
inspection.
The
Secretary
or
his
duly
authorized
representatives shall issue writs of execution to the appropriate
authority for the enforcement of their orders, except in cases
where the employer contests the findings of the labor
employment and enforcement officer and raises issues
supported by documentary proofs which were not considered in
the course of inspection. (As amended by Republic Act No.
7730, June 2, 1994). An order issued by the duly authorized
representative of the Secretary of Labor and Employment
under this Article may be appealed to the latter. In case said
order involves a monetary award, an appeal by the employer
may be perfected only upon the posting of a cash or surety
bond issued by a reputable bonding company duly accredited
by the Secretary of Labor and Employment in the amount
equivalent to the monetary award in the order appealed from.
(As amended by Republic Act No. 7730, June 2, 1994)
The Secretary of Labor and Employment may likewise order
stoppage of work or suspension of operations of any unit or
department of an establishment when non-compliance with the
law or implementing rules and regulations poses grave and
imminent danger to the health and safety of workers in the
workplace. Within twenty-four hours, a hearing shall be
conducted to determine whether an order for the stoppage of
work or suspension of operations shall be lifted or not. In case
the violation is attributable to the fault of the employer, he
shall pay the employees concerned their salaries or wages
during the period of such stoppage of work or suspension of
operation.
It shall be unlawful for any person or entity to obstruct, impede,
delay or otherwise render ineffective the orders of the
Secretary of Labor and Employment or his duly authorized
representatives issued pursuant to the authority granted under
this Article, and no inferior court or entity shall issue temporary
or permanent injunction or restraining order or otherwise
assume jurisdiction over any case involving the enforcement
orders issued in accordance with this Article.
Any government employee found guilty of violation of, or abuse
of authority, under this Article shall, after appropriate
administrative investigation, be subject to summary dismissal
from the service.
The Secretary of Labor and Employment may, by appropriate
15
regulations, require employers to keep and maintain such

employment records as may be necessary in aid of his visitorial
and enforcement powers under this Code.
Article 129. Recovery of wages, simple money claims and
other benefits. Upon complaint of any interested party, the
Regional Director of the Department of Labor and Employment or
any of the duly authorized hearing officers of the Department is
empowered, through summary proceeding and after due notice,
to hear and decide any matter involving the recovery of wages
and other monetary claims and benefits, including legal interest,
owing to an employee or person employed in domestic or
household service or househelper under this Code, arising from
employer-employee relations: Provided, That such complaint does
not include a claim for reinstatement: Provided further, That the
aggregate money claims of each employee or househelper does
not exceed Five thousand pesos (P5,000.00). The Regional
Director or hearing officer shall decide or resolve the complaint
within thirty (30) calendar days from the date of the filing of the
same. Any sum thus recovered on behalf of any employee or
househelper pursuant to this Article shall be held in a special
deposit account by, and shall be paid on order of, the Secretary
of Labor and Employment or the Regional Director directly to the
employee or househelper concerned. Any such sum not paid to
the employee or househelper because he cannot be located after
diligent and reasonable effort to locate him within a period of
three (3) years, shall be held as a special fund of the Department
of Labor and Employment to be used exclusively for the
amelioration and benefit of workers.
Any decision or resolution of the Regional Director or hearing
officer pursuant to this provision may be appealed on the same
grounds provided in Article 223 of this Code, within five (5)
calendar days from receipt of a copy of said decision or
resolution, to the National Labor Relations Commission which
shall resolve the appeal within ten (10) calendar days from the
submission of the last pleading required or allowed under its
rules.
The Secretary of Labor and Employment or his duly authorized
representative may supervise the payment of unpaid wages and
other monetary claims and benefits, including legal interest,
found owing to any employee or househelper under this Code.
(As amended by Section 2, Republic Act No. 6715, March 21,
1989)
Kind of
power
Article 128
Article 129
Speaks of the visitorial

and enforcement powers
of the DOLE Secretary or
his duly authorized
Adjudication powers of the

Regional Directors or any
duly authorized hearing
representatives (the
DRD),
officers of DOLE
Exercise
of such
power
Inspection of
establishments and the
issuance of compliance
orders
Involves the power to hear

and decide cases for
recovery of wages, simple
money claims, and other
beenfits
Employer
employe
e
relations
hip
The presence of the

employer-employee
relationship is sine qua
non
Arising from severed

employer-employee
relationship and does not
involve the legality of the
termination of employment
Appeal
With the DOLE

SECRETARY
With the NLRC
(1) Storck Product Manufacturing Coproation vs Hon.

Secretary of Labor and Employment (CA Decision in
2006): if the decision of the DOLE Regional Director is an
offshoot of an inspection case, the power was exercised
under Art. 128 and therefore, appealable to the DOLE
Secretary and not with the NLRC.
C. Occupational Safety and Health Violations
The Dole Regional Director has the original jurisdiction to:
(1) issue order of stoppage of work or
(2) suspension of operation of any unit or
to any unit, or department, or establishment if there exists
imminent danger to the health and safety of the workers which may
not be corrected by the employer within a reasonable period.
(1) When imminent
o is a condition or practice that could reasonable be
expected to cause death or serious physical harm
before abatement under the enforcement
procedures can be accomplished
16
but if the employer is willing to make the

necessary rectification, the same may be effected
at the plant-level within 24 hours
(2) When not imminent

o When not imminent such as poor ventilation,
inadequate personnel protective equipment and
other analogous circumstances, a reasonable period
shall be given to the employer to comply, which
period shall be dependent on the gravity of the
hazards needing correction
D. Complaints against Private Recruitment and Placement

Agencies for LOCAL Employment
May suspend and even revoke or cancel license

Original jurisdiction over complaint against licensees which
are filed in writing and under oath with the Regional/
District/ Provincial Office having jurisdiction over the place,
at the election of the complainant:
a. where the placement agency or its branch is
located; or
b. where the prohibited act was committed; or
c. where the complainant resides
And the office which first acquires jurisdiction over the case
shall do so to the exclusion of other
Note that for Placement agencies for OVERSEAS
EMPLOYMENT, the jurisdiction is with the POEA
Grounds for
Suspension for violation of
(1) Sec. 7 Rule II: Agency shall
publish once in a newspaper
of general circulation the
license number of the
agency, names and pictures
of authorized representative
within 15 days from the
issuance
(2) Surrender license to the
issuing Regional Office if
there is a Change of
Cancellation/Revocation
(1) violation of conditions of
license
(2) Engaging in Act or Acts of
misrepresentation in order to
secure or renew license
(3) Continuous operation with
expired license
(4) Incurring 2 suspensions
(5) Engaging in Labor Only
Contracting
(6) Recruitment and placement
Ownership
violations of Special
(3) Notification to the Regional
protection of Children against
Office of the Change in
Abuse, Exploitation and
Address
Discrimination Act, and of the
(4) Violation regarding
Act prohibiting the
publication of job vacancies
Employment of Children
(5) Non-submission of monthly
below 15 Years old in Public
reports
and Private Undertakings
(6) Charging or accepting
(7) Transferring, conveying, or
amounts in excess of what is
assignment of license
prescribed by the rules
(8) Prohibited practices of
(7) Disregard of lawful orders and
placement agencies under
notices by the DOLE
Art. 34 of the Labor Code:
Secretary or authorized
representative
(8) Non-observance of
procedures for recruitment
E. As Ex-Officio Voluntary Arbitrators

Although there is no law or provision, except DO 83-07,
giving such power or prohibiting the same, it is made in
pursuance to the policy of promoting voluntary modes of
settling disputes
Jurisdiction as EVAs:
a. All grievances regarding the interpretation of CBAs
b. Grievances for company personal polices which
remain unresolved after exhaustion of grievance
mechanisms
c. Cases referred to by the DOLE Secretary under the
AIDA or the Administrative Intervention of
Dispute Avoidance
d. Upon agreement of the parties
Procedure: when the grievance remains unresolved despite
the bipartite efforts, either or both parties may voluntarily
bring the grievance to the EVA within the region and through
a written request (stating the issues to be resolved, names
and addresses of the parties involved, and such other
information that the parties deem vital in the immediate
resolution of the dispute), initiate the action
Has the power to hold hearings, receive evidence and take
the necessary action to resolve the dispute and may
17
conciliate or mediate to obtain a voluntary settlement of the

dispute
o Final and executory after 10 days within which an MR
may be filed
o MR to be resolved within 15 days
o Writ of execution shall issue after the decision has
become final and executory
F. THE DOLE SECRETARY

POWERS OF THE DOLE SECRETARY:
(1) visitorial and enforcement powers
(2) power to suspend the effects of termination
(3) assumption of jurisdiction
(4) appellate jurisdiction
(5) voluntary arbitration powers
(1) visitorial and enforcement powers
o three kinds of powers: visitorial, enforcement, and
Appellate power of review
o it is quasi-judicial in nature
o Aside from visitorial powers under Art. 128 relating to
the enforcement of labor standards, Art. 37 (relates
to the recruitment and placement of local workers)
and Art. 274 (relating to the financial activities of
legitimate labor organizations), of the Labor Code
provides:
Art. 37. Visitorial Power. The Secretary of Labor or his
duly authorized representatives may, at any time, inspect
the premises, books of accounts and records of any person
or entity covered by this Title, require it to submit reports
regularly on prescribed forms, and act on violation of any
provisions of this Title.
Art. 274. Visitorial power. The Secretary of Labor and
Employment or his duly authorized representative is hereby
empowered to inquire into the financial activities of
legitimate labor organizations upon the filing of a complaint
under oath and duly supported by the written consent of at
least twenty percent (20%) of the total membership of the
labor organization concerned and to examine their books of
accounts and other records to determine compliance or noncompliance with the law and to prosecute any violations of
the law and the union constitution and by-laws: Provided,
That such inquiry or examination shall not be conducted
during the sixty (60)-day freedom period nor within the
thirty (30) days immediately preceding the date of election
of union officials. (As amended by Section 31, Republic Act
No. 6715, March 21, 1989)
18
o
o
Note however that the original jurisdiction for the

visitorial and enforcement powers under such articles
is with the DOLE Regional Director under
The power of the DOLE Secretary is appellate in
nature
(2) Power to Suspend Effects of Termination

Art. 277 (b). Subject to the constitutional right of workers to security of
tenure and their right to be protected against dismissal except for a just
and authorized cause and without prejudice to the requirement of notice
under Article 283 of this Code, the employer shall furnish the worker whose
employment is sought to be terminated a written notice containing a
statement of the causes for termination and shall afford the latter ample
opportunity to be heard and to defend himself with the assistance of his
representative if he so desires in accordance with company rules and
regulations promulgated pursuant to guidelines set by the Department of
Labor and Employment. Any decision taken by the employer shall be
without prejudice to the right of the worker to contest the validity or
legality of his dismissal by filing a complaint with the regional branch of the
National Labor Relations Commission. The burden of proving that the
termination was for a valid or authorized cause shall rest on the employer.
The Secretary of the Department of Labor and Employment may suspend
the effects of the termination pending resolution of the dispute in the event
of a prima facie finding by the appropriate official of the Department of
Labor and Employment before whom such dispute is pending that the
termination may cause a serious labor dispute or is in implementation of a
mass lay-off. (As amended by Section 33, Republic Act No. 6715, March 21,
1989)
The DOLE Secretary may suspend the effects of termination

pending the resolution of the dispute in the event that there
is prima facie finding that:
a. Termination may case a major and serious labor
dispute
b. The termination is in implementation of a mass-lay
off
Purpose is to bring the parties back to the status quo ante
litem or their state of relationship prior to the termination
the employees will be immediately reinstated and
accordingly not be deprived of their wages while the
litigation is pending
An order of reinstatement pending resolution of the case
may thus be issued by the DOLE Secretary pursuant to this
power
Need not be related to the exercise of the right to selforganization by the employees terminated
For as long as there is a prima facie that the termination will
lead to a serious labor despite or is a massive lay-off, the
DOLE secretary may issue such reinstatement pending
resolution of the case
Appropriate officials who may make such preliminary prima
facie finding may be the Voluntary Arbitrators and the Labor
Arbiters, which would be the basis for the issuance of the
Secretary of the reinstatement pending resolution of the
case
Note that this power is different with the power to assume cases or
certification in National Interest Cases under 263 (g)
277 (b)
Applicability
Only to suspend the

effects of termination
only on two grounds: (1)
serious labor dispute; and
(2) mass lay-off
Preliminary
determinatio
n/ notice
and hearing
Preliminary determination
of the existence of prima
facie evidence that the
termination may cause
serious labor dispute or is
in implementation of
mass lay off by the
appropriate official of the
DOLE
Serious labor dispute
must not involve a
lockout or strike
Any business
Immediate reinstatement
to work pending
resolution of the
263(g) National Interest

Cases
Power to assume and to
certify labor disputes is
applicable to all
disputes prided that
such will cause or likely
to cause strikes or
lockouts in industries
indispensable to the
national interest
No such prior
determination. In fact,
no notice or hearing is
necessary before the
DOLE Secretary may
assume or certify order
as held in Capitol
Medical Center vs
Trajano
One which involves a
strike or a lockout
Only to industries
indispensable to
national interest
Automatic return to
work of the strikers or
locked out employees if
19
(3) Assumption of Jurisdiction
effective skeletal workforce of medical and other health personnel,

whose movement and services shall be unhampered and
unrestricted, as are necessary to insure the proper and adequate
protection of the life and health of its patients, most especially
emergency cases, for the duration of the strike or lockout. In such
cases, therefore, the Secretary of Labor and Employment may
immediately assume, within twenty four (24) hours from knowledge
of the occurrence of such a strike or lockout, jurisdiction over the
same or certify it to the Commission for compulsory arbitration. For
this purpose, the contending parties are strictly enjoined to comply
with such orders, prohibitions and/or injunctions as are issued by
the Secretary of Labor and Employment or the Commission, under
pain of immediate disciplinary action, including dismissal or loss of
employment status or payment by the locking-out employer of
backwages, damages and other affirmative relief, even criminal
prosecution against either or both of them.
Art. 263 (g). 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.
The foregoing notwithstanding, the President of the Philippines shall

not be precluded from determining the industries that, in his
opinion, are indispensable to the national interest, and from
intervening at any time and assuming jurisdiction over any such
labor dispute in order to settle or terminate the same.
termination case
such in ongoing, or the

enjoining of the strike or
lockout, if one has not
yet taken place,
pending the resolution
of the issues raised in
the notice of strike or
lockout
UST vs NLRC and UST Faculty Union: it may be said that

the suspension of the effects of termination has the same
effect as assumption or certification as far as the
reinstatement of the affected employees are concerned.
Such assumption or certification shall have the effect of

automatically enjoining the intended or impending strike or lockout
as specified in the assumption or certification order. If one has
already taken place at the time of assumption or certification, all
striking or locked out employees shall immediately return-to- work
and the employer shall immediately resume operations and readmit
all workers under the same terms and conditions prevailing before
the strike or lockout. The Secretary of Labor and Employment or the
Commission may seek the assistance of law enforcement agencies
to ensure compliance with this provision as well as with such orders
as he may issue to enforce the same.
In line with the national concern for and the highest respect
accorded to the right of patients to life and health, strikes and
lockouts in hospitals, clinics and similar medical institutions shall, to
every extent possible, be avoided, and all serious efforts, not only
by labor and management but government as well, be exhausted to
substantially minimize, if not prevent, their adverse effects on such
life and health, through the exercise, however legitimate, by labor
of its right to strike and by management to lockout. In labor
disputes adversely affecting the continued operation of such
hospitals, clinics or medical institutions, it shall be the duty of the
striking union or locking-out employer to provide and maintain an
(4) Appellate Jurisdiction

Note that the appeals from the NLRC to the DOLE Secretary
had already been eliminated.
A. Appeals to the DOLE Secretary may originate from:
a. DOLE Regional Directors
i. Involving Labor standards enforcement Cases
ii. Occupational safety and health violations
iii. Complaints against private recruitment and
placement agencies (PRAs) for local
employment
b. Med-Arbiters
c. Director of the BLR in its original Jurisdiction
d. Philippine Overseas Employment
Administration in exercise of its original
jurisdiction
20
i.
B. Cases
a.
b.
c.
d.
e.
f.
Recruitment violations and other related

casesall cases which are administrative in
Character, involving or arising out of the
violation of the rules relating to licensing and
registration of recruitment and employment
agencies or entities including the refund of
fees
ii.
Disciplinary action cases and other special
cases which are administrative in character,
involving employers, principals, contracting
partners, and Filipino migrant workers
iii.
Note that the POEA no longer has jurisdiction
over money claims of OFWs or those arising
from contracts for overseas deployment
not Appealable to the Dole Secretary:
Rendered by the LA which are appealable to the
NLRC
Rendered by the NLRC which are appealable to the
CA
Rendered by the BLR Director in exercise of its
appellate jurisdiction which are appealable to the CA
Rendered by the DOLE Regional Directors under Art.
129 or the Small Money Claims which is appealable
to the NLRC
Issued by the DOLE Regional Directors as EVAs which
are appealable to the CA under Rule 43
Rendered by the VAs appealable to the CA through
Rule 43
NCR, Regions III, IV-A, IV-B shall be held at the office of the DOLE
secretary unless the Secretary otherwise directs
i.
Conference from other regions shall be conducted by
the DOLE Regional Directors for an in behalf of the
DOLE Secretary
Requisites:
i.
Parties voluntarily submit their dispute to the Office of
the Secretary
ii.
No pending notice of strike or lockout or any other
related complaints
iii.
They parties shall abide by the agreements reached,
which may be enforced by the appropriate writs
During such conferences, there is complete prohibition of
disclosure of information
o They are not allowed to testify in any court or body
regarding the disclosures, submissions or positions made
by the parties therein
If the AIDA fails, the parties may submit themselves for
Voluntary Arbitration with the DOLE Secretary who is mandated
to resolve the dispute within 60 days
Philtranco vs Philtranco Workers Union: The DOLE
Secretary does not merely assume the powers of the Voluntary
Arbitrators and therefore, the provisions on appeals regarding
VAs are not applicable. The cases then fall within the power of
the Secretary under Art. 263 of the LC.
(6) Voluntary Arbitration Powers of the Dole Secretary

The Administrative Intervention for Dispute Avoidance or
AIDA
Through a Request for Intervention, either or both the
employer and the certified collective bargaining agent, may
voluntariy bring to the Office of the DOLE Secretary any
potential or ongoing dispute:
i. Live and active dispute
ii. That may lead to a strike or lockout or to massive
labor unrest
iii. Not subject of any complaint or notice of strike or
lockout at the time of a Request for Intervention
was made
Upon receipt of the request, the parties shall be notified of the
conference
21
G. GRIEVANCE MACHINERY AND VOLUNTARY

ARBITRATION
What is a grievance?
Dispute or controversy between the employer and the CBA
arising form the interpretation of the CBA or the company
personnel policies for the adjustment and resolution of
which the parties have agreed to establish a machinery or a
series of steps commencing from the lowest level of
decision-making in the management hierarchy and usually
terminating at the highest official of the company
If the grievance machinery as agreed upon had been
exhausted, it shall be automatically referred to for voluntary
arbitration prescribed in the CBA
Note that it must be simple or ordinary, otherwise such
that if it is gross2, it shall be considered as ULP,
jurisdiction being with the LA or concurrently with the VA or
panel of VAs if agreed upon by the parties
What are grievance and grievable issues?
(1) Interpretation or application of the CBA
(2) Interpretation or enforcement of company personnel policies
(3) Violation of CBAs or company personnel policies
What is a grievance machinery?
Refers to the mechanism for the adjustment and resolution
of grievances arising from the interpretation and
implementation of the CBA and of company personnel
policies
Processes, adjusts, and resolves the violations of the CBA
which are not gross in character
What is grievance procedure?
Series of formal steps that parties to a CBA agreed to take
for resolution of grievable issues
Provides the parties a first crack in addressing the issue
before a VA can take cognizance of he unresolved grievance
It is a must provision in every CBA
2 one that is flagrant and/or malicious refusal by a party thereto to comply

with the economic provisions thereof. If not an economic provision, the
violation will be a grievable issue following the grievance machinery as
agreed upon in the CBA
What are the provisions subject of grievance machinery?

Also called rights disputes
First, economic or non-political provisions, which have direct
and measurable monetary costs consequences such as wage rates,
paid vacations, pension, health and welfare plans, etc.
Second, non-economic or political provisions, monetary costs
of which cannot be directly computed such as a no-strike-nolockout, union security clauses, management security, check off
clauses, or grievance procedure
Third, even, customary practices.
Fourth, company personnel policies, which are the guiding
principles stated in broad, long range terms that express the
philosophy or the beliefs of the organizations top authority
regarding personnel matter
Deals with the efficiency and well-being of the employees,
e.g., procedure in the administration of wages, benefits,
promotions, transfers and other personnel movements
which are not spelled out on the CBA.
Usually, this also includes the rule and regulations in
disciplinary actions. Usually involves infractions on the
following:
a. Against person- physical injury, assault, homicide
and murder
b. Against property- misuse, damage, theft and robbery
c. Orderliness or Good Conduct: fighting, quarrelling,
violation of rules, discourtesy or disrespect,
intoxication while at work, illegal strike, hygiene,
financial interest, unauthorized outside work
d. Attendance and punctuality
e. Morality and Sexual Harassment
f. Conflict of Interest
g. Non-Performance- subordination, negligence of duty,
inefficiency, malingering, carelessness and poor
quality
h. Honesty and Integrity: falsification , fraud, loss of
confidence, breach of trust
Are the decisions of the Grievance Committee binding?
Yes, in the case of Octavio vs PLDT, a member of the
bargaining union who brought his grievable issue for resolution by
the GC is bound by the whatever disposition the latter may render
22
thereon. It cannot be gainsaid, as the petitioner argues that the

resolution of the Committee is a modification of the CBA, rather, it
merely implements the provisions respecting the issue.
What will happen to the unresolved grievance?
It shall be elevated to Voluntary Arbitration, composition of
which, the law does not specify.
First, there must be exhaustion of the steps or stages of the
grievance machinery
Second, it is only when such steps are exhausted that the 7-day
period to be counted from the submission for resolution of the case,
as the last step for the procedure, shall it commence.
Third, if it is not settled within 7 days from submission for the
resolution, the unsettled or unadjusted grievances shall be
automatically referred to the CA as enunciated in the CBA.
Fourth, one party must serve notice to the other that they will
submit to the VA, stating the issues or issues to be arbitrated, a
copy of which shall be given to the NCMB or the VA or the panel of
VAs named or designated in the CBA. If there is not designation of
the VAs, the NCMB shall call the parties to designate such person/s.
Fifth, the VA shall commence within 7 days from receipt of the
notice thereof
May there be other issues aside from those provided in the
notice?
Yes. provided that it does not give undue advantage to one and
cause prejudice to the other. the party wishing to add other issues
shall inform the other party. Also, other issues which may be
discovered to interrelated or interconnected with the issues at hand
may also be taken up.
Is it possible to elevate the grievance directly to VA without
passing through the grievance machinery?
Generally, NO.
However, as exceptions, in view of the State policy to
encourage voluntary means of resolving issues, it is submitted
that a grievance may be brought directly to the VA when:
a. It has proven t be ineffective in the past
b. When the parties inadvertently failed to include the
grievance machinery procedure in the CBA
c. Philmare Shipping equipment vs NLRC: despite
having failed to follow the procedure in the contract, the
circumstances of the dismissal and the forced

repatriation of the respondent worker, presented to
opportunity to faithfully comply with the procedure.
d. Central Pangasinan Electric Cooperative vs
Macaraeg: when both parties agreed to submit the
issue for the resolution by the VA and there is clear
intent to do such, it may be elevated directly to the VA.
May the parties directly go to court?
NO. in the case of Diokno vs Cacdac: before a party is allowed
to seek the intervention of the court, it s precondition that he
should have availed himself of all the means of administrative
processes afforded him. The premature invitation of the courts
judicial intervention is fatal to ones cause of action.
Also, the doctrine of exhaustion of administrative
remedies, rests on the presumption that when the
administrative body or grievance machinery is afforded a
chance to pass upon the other matter, it will decide the
same correctly.
What is Voluntary Arbitration?
Mode of settling labor disputes in which the parties
select a competent, trained and impartial third person
whose decision is final and executory.
A third party settlement of a labor dispute involving
mutual consent of the employer and of the labor union to
submit their case for arbitration.
VOLUNTARY ARBITRATOR (VA)

Who is a VA?
a. Person accredited by the NCMB as such; or
b. Any person named or designated by the parties in their CBA
or the permanent Arbitrator; or
c. Chosen by the parties with or without assistance of the
NCMB, pursuant to the selection procedure in the CBA, or
the Ad Hoc Arbitrator
d. Appointed by the NCMB if the parties were not able to
designate the called the Ad Hoc Arbitrator also
Note that he is not a functionary or employee of the

government
23
He is a private individual
Need not even be a lawyer
Nature of the function is quasi-judicial in character according
to the case of Luzon Development Bank vs Association
of Luzon Development Bank Employees.
The VA has the power to:

(1) require a person to attend hearings
(2) subpoena witnesses and receive documents when relevant
to the testimony
(3) take whatever action necessary to resolve the issues
(4) issue writ of execution to enforce final decision and in
connection therewith see to it the decision is fully satisfied,
including the consideration of supervening even that may
transpire during the execution
Jurisdiction of the VAs
A. Rights disputes, contemplating existence of CBA already
concluded or at any rate, a situation in which no effort is
made to bring about formal change in its terms or to create
a new one; claim it to the rights already accrued and not
merely new ones created for the future:
a. Unresolved grievances arising from the
interpretation or implementation of the CBA
b. Unresolved grievances arising from the
interpretation or enforcement of the company
personnel policies
When is a case unresolved?
When there is already a decision made, but
both or either of the parties are unsatisfied
What is submitted for resolution is the
decision or resolution of the grievance
machinery
No action at all was taken by the grievance
machinery within 7 days from the date it
was submitted for resolution
What is brought for the resolution of the
case is the raw issues presented as a
grievance before the grievance machinery
Involving non-economic provisions of the

CBA
Ordinary or simple violations of the
economic provisions of the CBA
If it is gross in character, the jurisdiction
belongs to the Labor Arbiter
B. Other Disputes
a. Interest disputes including bargaining
deadlock, upon agreement of the parties
Relates to the disputes over the formation of the
collective agreements, efforts to secure them, or
where change is sought to change the terms of
one and therefore the issue us not whether and
existing agreement controls the controversy
In such cases, parties to the dispute may agree to
submit their case before or at any stage of the
compulsory arbitration processes
b. National interest cases
Art. 263 (g) of the LC also provide that before the
DOLE Secretary assumes jurisdiction or certifies
the case to the NLRC, parties, before or at any
stage of the compulsory arbitration process, may
opt to submit their dispute to voluntary
arbitration
His decision shall be final and executory within 10
days after receipt of the parties
c. Wage distortion issues in organized
establishment
In organized establishments, the employer
and the union are required to negotiate to
correct the wage distortion through the
grievance machinery.
In unorganized establishments, where there
are no CBA or bargaining agents, the employer
and the employees shall endeavor to arrive at an
agreement by themselves and to resolve the
dispute through the NCMB. It is when such
remains unresolved that the case shall go the LA
in the appropriate branch of the NLRC.
c. CBA violations not gross in character

24
d. Unresolved grievances arising from the

interpretation and implementation of the
Productivity Incentive Programs under RA 6971
should first be submitted to the Labor
Management Committee for resolution
if it remains unresolved within 20 calendar days
from the time from its submission, it shall be
submitted for voluntary arbitration
PROCEDURE
A. How to initiate and how the VA acquires jurisdiction
a. Through receipt by the VA of the SUBMISSION
AGREEMENT signed by both parties
Written agreement by both parties submitting
their case for arbitration
Also called stipulation to arbitrate or stipulation
b. Upon receipt of the NOTICE TO ARBITRATE when
there is refusal to arbitrate by one party
Formal demand made by a party to the other for
the arbitration of a particular dispute in event of
refusal by one party in the CBA to submit the
same to arbitration
The other party has 7 days to respond and after
lapse of 7 days, the permanent VA shall
immediately commence the arbitration
proceedings and if there is no permanent VA, the
NCMB shall immediately appoint a VA and shall
immediately commence the arbitration upon
receipt of such appointment or designation
c. Upon receipt of an APPOINTMENT OR
DESIGNATION as VA by the NCMB in the event that
the parties failed to select a VA, or in the absence of
a named VA in the CBA and the party upon whom the
Notice to Arbitrate is served does not reply within 7
days form the receipt of such notice
Extent of the power of the VA
Has general authority to investigate and hear the
case upon notice
Has incidental authority to perform all acts necessary
for the discharge of his duties and responsibilities
Resolution of Issues:
Generally, the Arbitrator is expected to decide the question

expressly stated and limited in the submission agreement.
However, in the case of Ludo & Luvm Corporation vs
Saornido, since the arbitration is the final resort for the
adjudication of disputes, the arbitrator can assume that he has the
power to make a final settlement.
Similarly, in the case of Goya, Inc. vs Goya Employees
Union- FFW, the VA has a wide discretion to decide relevant
issues aside from the issues raised in the submission
agreement. In such case, the issue submitted was WON the
company is guilty of ULP when it hired the services of a third
party service provider in violation of the CBA. The VA has the
power to rule that such hiring of contractual employees is not in
keeping with the CBA.
However, such ruling were qualified by the case of United
Kimberly Clark Employees Union vs Kimberly Clark
Philippines. It was held in that case that there must be a nexus
between the decision made by the VA and that of the CBA subject
of the case and the generally, he is limited to the confines of
interpreting and implementing the CBA. If the terms of the CBA are
clear, the literal meaning therefore shall prevail. When a CBA is
expected to speak of a matter but does not, its sentence imports
ambiguity on that subject and the VA must discover the intention of
the parties.
Some Principles on jurisdiction of the VA
Takes the nature of an appeal from grievance machinery
Only cases unresolved shall fall under the exclusive and original
jursidcition of the VA. If it is submitted at the first instance, it
shall be dismissed because the VA has no jurisdiction
If the cases is cognizable by the VA but a complaint was filed
before the LA, Dole Regional Directors, or NCMB, the said
agencies must refer the case for VA
The courts shall dismiss if the case is cognizable by the VA, as
in the case of Union of Nestle Workers Cagayan De Oro vs
Nestle Philippines. The injunction filed by the workers in
order to prevent company from implementing the Drugs abuse
policy was dismissed because such involves the implementation
of a company personnel policy within the jurisdiction of the VA.
When the case does not involve the parties to the CBA,
it is not subject to VA. In the case of Tabigue vs
25
International Copra, such principle is applicable in

termination cases where the bargaining union is not named a
party to the illegal dismissal suit either because it failed to
object to the dismissal of the employee or that the case was
initiated by the employee alone, without the assistance of the
union.
B. Procedures as prescribed by the Law

Art. 262-A. Procedures. The Voluntary Arbitrator or panel
of Voluntary Arbitrators shall have the power to hold
hearings, receive evidences and take whatever action is
necessary to resolve the issue or issues subject of the
dispute, including efforts to effect a voluntary settlement
between parties.
All parties to the dispute shall be entitled to attend the
arbitration proceedings. The attendance of any third party or
the exclusion of any witness from the proceedings shall be
determined by the Voluntary Arbitrator or panel of Voluntary
Arbitrators. Hearing may be adjourned for cause or upon
agreement by the parties.
Unless the parties agree otherwise, it shall be mandatory for
the Voluntary Arbitrator or panel of Voluntary Arbitrators to
render an award or decision within twenty (20) calendar days
from the date of submission of the dispute to voluntary
arbitration.
The award or decision of the Voluntary Arbitrator or panel of
Voluntary Arbitrators shall contain the facts and the law on
which it is based. It shall be final and executory after ten (10)
calendar days from receipt of the copy of the award or
decision by the parties.
Upon motion of any interested party, the Voluntary Arbitrator
or panel of Voluntary Arbitrators or the Labor Arbiter in the
region where the movant resides, in case of the absence or
incapacity of the Voluntary Arbitrator or panel of Voluntary
Arbitrators, for any reason, may issue a writ of execution
requiring either the sheriff of the Commission or regular
courts or any public official whom the parties may designate
in the submission agreement to execute the final decision,
order or award.
Non-litigous in nature and are not governed by the rules

applicable to the court or in judicial proceedings
o But at all times, must comply with the
requirements of due process
the parties may appear personally in their own behalf or by
their respective representatives of their own choosing. He can
be the spokesman in the pre-arbitral stages. Authority must be
in writing. SPA however, is necessary to enter into compromise
agreements with the opposing party in full or partial discharge
of a clients principals claim.
What is the effect of non-appearance of parties?
o If the either of the parties failed to appear for two
consecutive conferences despite due notice, the VA shall
terminate the conference and require the parties to
submit position papers within 10 days. Otherwise, the
case shall be deemed submitted for decision by the VA.
o Note that the party filing the pleadings should serve the
opposing party or partie with a copy through personal
service or through registered mail. In the case of
Philex Gold Mining vs Philex BUlawan Supervisors,
the SC stated that if a party is represented by a counsel
or representative, the service shall be made on the latter
and it is only complete upon the receipt of the addressee
or his agent.
Observance of Due process

taking
of oath
taking of
oath of
of
the
the arbitrator
arbitrator
and
his opening
and his
opening
statement
statement
brief
brief statmetn
statmetn of
of
the
int he
he
the issues
issues int
controversy
controversy by
by
the
the parties
parties
stipulation
stipulation of
of
the
the facts
facts
supplemetary
supplemetary
fact-finding
fact-finding
procedures
procedures such
such
as
ocular
as ocular
inspections
inspections
presenttion
of
presenttion of
evidence
by the
evidence by
the
other
other party
party
presentation
of evidence
evidence
presentation of
by
the grievant.
grievant. VA
by the
VA shall
shall
have
a
wide
latitutude
have a wide latitutude of
of
discretion
in determining
determining
discretion in
the
the
the order
order of
of the
presentation.
presentation. in
in
disciplinary
cases, it
it is
is
disciplinary cases,
the
who disturbed
the party
party who
disturbed
the
the status
status quo
quo will
will
present
present the
the case
case
hearings
hearings and
and
judgment
of
judgment of
default
default
formal
formal offer
offer of
of
evidence
evidence
filing
filing of
of briefs
briefs
and
and reply
reply briefs
briefs
closing
of the
the
closing of
hearing
hearing
26
It is a cardinal rule in law that a decision or judgment is

fatally defective rendered in violation of a party-litigants
right to due process.
o It is accorded to both the employer and the
employee
only an unexplained failure to appear after due notice, not a
delay in appearance, can justify an ex parte proceeding
for purposes of rendering an award, hearings are deemed
closed when all evidence and argument of the parties have
been received and final adjournment is declared. If briefs
and other documents are to be filed after such adjournment,
the hearing is deemed closed only after the receipt of the
said briefs and documents
o There may also be reopening of the hearing at
anytime before an award is rendered for a good
cause such as new evidence not available during the
hearing, which will probably affect the outcome of
the case
A formal written record of the hearings is not always
necessary and the notes of the Arbitrator are enough. The
VA however, at the request of the parties, should make a
written summary of the proceedings or if the case is
complicated.
May parties withdraw the case from Arbitration?

1. yes, if through mutual consent before or during the
arbitration proceedings
2. yes, by either party, at any point prior to the
arbitration proceeding
3. If arbitration hearing has already commenced, yes
only if there is consent of the other party, or if the VA
allows
Arbitration Decisions and Awards
The decision or award of VAs has the same legal effect as a
judgment of a court
It is conclusive on matters of act and law and is conclusive
and all maters in the award are res judicata
The award must be signed by the VA, all members of the
Board of VAs, or at least the majority of its members, unless
the judgment permits the issuance of the award only the

neutral one
It becomes final and executory 10 calendar days from
receipt of the copies thereof by the parties
There is no stare decisis in this case and the VA is neither
legally nor morally bound by what another arbitrator has
ruled in a previous case
Third parties cannot be made bound by the decision if they
are not impleaded. Hence, in the case of Temic
Automotive vs Temic Employees Union, the issue poses
jurisdictional problems as the forwarders employees are not
parties to the case and the inion has no authority to speak
for them. They may voluntarily join the arbitration, but
absent such voluntary appearance, the VA decision cannot
bind them.
Dissenting opinion is not binding parties and failure to
attach such to the decision will not render the same
incomplete, according to the case of Coca-Cola Bottlers
Philippines Sales Force Union vs Coca-Cola Bottlers
Philippines, Inc.
Post- Decision Remedies

1. Is the filing of the motion for reconsideration
allowed?
YES. as held in the case of Teng vs Pahagac, the SC
held that the LC does not prohibit such even if there is no
express provision for such. The term unappealable had
already been removed in the amendment.
2. May the Arbitrator modify his decision?
YES, but not motu proprio, as in the case of
Consolidated Bank and Trust Company vs BLR. Note
however that clerical or typographical corrections may be
done. In Abalos vs Philex Mining, the VA was allowed to
modify his final and executory decision in the light of certain
supervening events, which justify the payment of the
separation pay in lieu of the reinstatement.
3. in instances of non-compliance by either of the
parties, the VA or panel may, as a matter of course, issue
writ of execution
4. in the enforcement of the writ, the sheriff or other
authorized officer should be guided by the Procedural
Guidelines in the Execution of Arbitral Awards/Decision
5. execution may be motu proprio or by motion of a
party, within 5 years it becomes final and executory
27
a. in the absence of the VA, the LA may issue such

writ of execution within the region where the movant
of the execution resides
6. note that a petition for certiorari does not stay the execution
of the award. Injunction or TRO is necessary
H. JUDICIAL REMEDIES
A. COURT OF APPEALS
Rule 65, Petition for Certiorari
(1) DOLE Secretary
(2) NLRC
(3) BLR in exercise of its
appellate jurisdiction (if
original, appealable to
the DOLE SEC)
20 years
10 years
5 years
4 years
Rule 43, Petition for Review

(1) awards and orders by the
Voluntary Arbitrator
Direct Resort to the Supreme Court, even under Rule 65, is

no longer allowed as held in the case of St. Martin Funeral
Home vs NLRC. In such case, the SC held that all labor
cases should first pass through the CA by way of Rule 65,
and then elevated to the SC only by Rule 45
According to the ROC, the petitioner has 60 days, from the
decision of the body, or the denial of the motion for
reconsideration, to file a petition for Certiorari
Note that the filing of a motion for reconsideration is prerequisite before the filing of the petition for Certiorari under
Rule 65. Note also that the one-MR rule applies.
the Neypes Doctrine also applies.
3 years
1 year
PRESCRIPTIVE PERIODS
(1) Illegal recruitment cases involving economic
sabotage
(2) action for non-remittance of contribution to SSS
against employer from discovery, assessment by SSS,
or time benefit accrues
(1) Disability claims from time of occurrence
(1) Simple illegal recruitment cases
(2) Execution of final judgments or orders
(1) illegal dismissal cases
(2) GSIS benefits at time of contingency, except for life
and retirement
(1) All money claims and benefits arising from
employer-employee relationship
(2) for all criminal cases defined by the Labor code
(3) petition or complaint of audit of union funds of LLOs
from date of submission of annual financial report or
date is should have been submitted
(1) ULP from the time the acts complained of are
committed
SOME PRINCIPLES
Re: ULP Cases, the final judgment in the labor case cannot be
presented as evidence of the facts proven therein or as evidence of
the facts proven therein or as evidence of the guilt of the
respondent therein. Its evidentiary value is merely in the proving
the fact of compliance with the condition sine qua non prescribed
by lawfinal judgment has been secured in the labor proceeding
finding that the respondent in fact committed a ULP act
Elements of a cause of action:
(1) right in favor of a plaintiff by whatever means and under
whatever law it arises or is created
(2) an obligation on the part of the named defendant to respect
or not to violate such right
(3) an act or omission on the part of such defendant violative of
the right of the plaintiff or constituting a breach of the
obligation of the defendant to the plaintiff
(4) when the action accrues
a. prescriptive period under the law commences to run
only upon the accrual of the cause of action
28
b. action accrues only after the party obligated to do or

perform refuses to comply with the duty
Specific Rulings:
A. Accrual of Money claims:
a. Serrano vs CA: when the petitioner has repeatedly
demanded form the respondent employer the
payment of the money claims, but the latter only
kept on warding these demands saying that such
matters will be looked into for several years, the
petitioners cause of action only accrued only at the
time there was categorical denial of the liability or
responsibility by the employer.
b. Philippine Nation Construction Corporation vs
NLRC: in 1985, the employee was merely asked to
go on a vacation and it was only in 1989 that he was
informed of the termination of his services. Hence,
his cause of action accrued only in 1989, not 1985 .
c. De Gamo vs Avantgarde Shipping: a cause of
action accrues upon the categorical denial of the
claim. The petitioners cause of action accrued only
when the employer denied his claim and so breached
the obligation to the petitioner.
B. Prescriptive rule for service incentive leave
a. In Autobus Transport vs Bautista, the employee
may choose to use his credits or commute them to
their monetary equivalent if not exhausted within the
end of the year, or upon his resignation or separation
form work to the commutation of his accrued service
incentive leave.
i. Note that this is different with other money
claims such as overtime pay as held in the
case of Far East Agricultural Supply Inc.,
vs Lebatique.
C. Tolling of the prescriptive period
a. Filing before the grievance committee tolls the
prescriptive period
b. Filing of an action
c. Written extrajudicial demand by the creditor
d. Written acknowledgment of the debt by the debtor
i. intercontinental Broadcasting vs
Panganiban: while the filing of a civil case
for non-payment of unpaid commission could
have interrupted the running of the three year
prescriptive period, the consequential

dismissal by the CA dies to the lack of
jurisdiction cancelled the tolling of the
prescriptive period, as if there was no action
filed at all.
ii. PLDT vs Pingol: mere follow ups would not
toll the prescriptive period to claim for the
benefits after termination.
D. Accrual of Cause of Action in Illegal Dismissal Cases
a. Accrues from the time the employment of the worker
was unjustly terminated
b. Baliwag Transit vs Ople and Victory Liner vs
Race: the driver employees right of action accrued
on date of termination, not on the accident caused.
E. The Principle of Promissory Estoppel as Applied to
Labor Cases
a. A promise was reasonable expected to induce action
or forbearance
b. Such promise did, in fact, induce such action or
forbearance
c. The party suffered detriment as a result
F. Doctrine of Laches
a. may only be applied upon showing of deliberate
inaction
29
30

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Requirements to Perfect an Appeal to the NLRC

What is the effect of perfection of appeal on execution?

STEP 1: OBSERVANCE OF THE REGLEMENTARY PERIOD.

was secured through fraud or

and other monetary claims and

Araneta| LaborRev| Jurisdiction of the Courts| II

shall impose reasonable penalty,

of this Code, within five (5)

The Commission shall decide all

(1) when the last day of filing falls on a Saturday, Sunday, or

Date of mailing by registered mail of the appeal

Are there exceptions to the rule on payment of Appellate

only the parties who have signed the memorandum of

Are the requirements jurisdictional?

When is it necessary to file a bond?

But not,GOCCs or even cooperatives

YES. the rules on posting of bond have been construed

hence, in Calabash vs NLRC, the fact that the monetary

What then would be the remedy?

May the appeal bond be reduced?

THE NATIONAL LABOR RELATIONS COMMISSION (NLRC)

Has not adjudicatory powers

Araneta| LaborRev| Jurisdiction of the Courts| II

TWO KINDS OF JURISDICTION OF THE NLRC

NLRC and the LAs

What is the Effect of NLRC Reversal of LAs order of

From the decision of the LA of reinstatement up until the

1 Art. 264. Prohibited activities

after the LAs

Test to determine whether the delay was due to the acts of

reinstatement wages during such period, unless there is

RA 10396 or the Mandatory ConciliationMediation Law

(2) Conduct of ocular inspection as per Art. 219 of the LC

CERTIFIED LABOR DISPUTES

C. BUREAU OF LABOR RELATIONS AND MED-ARBITERS

What is the effect of a certification of a labor dispute

How are certified cases executed?

General Direction of Cases: Med-ArbiterDOLE Regional Director

Araneta| LaborRev| Jurisdiction of the Courts| II

2. Other Labor Relations Dispute

A. Original and exclusive jurisdiction of Med- Arbiters,

(1) Decisions of BLR Director (exclusive and original)

Allied Industries- Heritage Manila: in the

Is an agency attached to the DOLE principally in charge of

Araneta| LaborRev| Jurisdiction of the Courts| II

Refers to a process whereby a neutral third person,

Given more power and

What is preventive Mediation?

(2) if strikeable ground, if the parties voluntarily submit or asks

Araneta| LaborRev| Jurisdiction of the Courts| II

E. THE DOLE REGIONAL DIRECTORS

A. Labor Standards enforcement cases under Art. 128.

(1) Visitorial Powers: cases involving the inspection of

a. once the complaint has been taken cognizance of

the employment relationship no longer exists at the time of the

filing of the complaint.

Notwithstanding the provisions of Articles 129 and 217 of this

Araneta| LaborRev| Jurisdiction of the Courts| II

regulations, require employers to keep and maintain such

Speaks of the visitorial

Adjudication powers of the

Araneta| LaborRev| Jurisdiction of the Courts| II

Involves the power to hear

The presence of the