OBJECTIVE: This is to ensure that:

To win every labor case endorsed to the legal department or settle the case in a manner
advantageous to the unit to avoid execution of the decision.

SCOPE
This procedure covers the actions and responsibilities of the Legal Manager, Legal Officer(s) and
Legal Secretary in handling labor case(s) being endorsed to the Legal Department by the
Units/GM.

REFERENCE

DEFINITION
Position Paper
arguments of either the
Reply
position paper.
Rejoinder
Memorandum of Appeal
parties as basis of the appeal
decision of the Labor Arbiter.
Motion for Reconsideration
decision rendered on a labor
Petition for Certiorary
the court to overturn th
Relation Commission.
Petition for Review
court) asking the court to
Appeals.
Execution
through garnishment of
either personal or real properties of the losing party.
NLRC
task to handle labor
Labor Arbiter
- is a written submitted to the labor arbiter stating the legal
complainant or defendant.
- is a written document which serves as an answer to the
- is written document which serves as an answer to the reply.
- is a written document stating the legal arguments of both
in order to overturn the
- is a written document asking the court to reconsider the
case.
- is a written document filed with the Court of Appeals asking
decision of the National Labor
- is a written document filed with the Supreme Court (last
overturn the decision of the Court of
- a means to enforce the decision through force payment either
bank accounts or foreclosure of
- National Labor Relation Commission, a Quasi Judicial Body
disputes.
- an authority who has jurisdiction to decide labor cases.

FLOWCHART

Responsibilities Activities Interfaces

6.1
 Legal Secretary Receives the Service Unit/GM
Memo

6.2
Legal Officer/Legal Manager Check the attachments in
the endorsement form

6.3
Legal Officer/Legal Manager Attend the Mandatory Labor Arbiter and Complainant
Conciliation/Mediation
Conference before the
Labor Arbiter

6.4
Legal Officer/Legal Manager Prepare a reply to the
complainant's position
paper

6.5
Legal Officer/Legal Manager File a Memorandum of NLRC and Labor Arbiter
Appeal

6.6
Legal Officer/Legal Manager File a Motion for NLRC
Reconsideration

6.7
Legal Officer/Legal Manager File a Petition for Court of Appeal
Certiorari with the Court
of Appeals

6.8
Legal Officer/Legal Manager File a Petition for Supreme Court
Review with the
Supreme Court

6.9
Legal Officer/Legal Manager Case is remanded to the Labor Arbiter
Labor Arbiter Complainant

6.10
Legal Officer/Legal Manager Pre-execution Labor Arbiter
Sheriff
 PROCEDURE DETAILS
The Legal Secretary review the completeness of the details in the endorsement form. Forward the
endorsement form and the attachments to the Legal Officer and Legal Manager.
The Legal Officer/Legal Manager checks if the attachments indicated in the form are complete and
actually attached thereto. Coordinate with the Unit if the documents are not complete.
If there is an amicable settlement reached by the parties, the Legal Officer/Legal Manager
prepares a quitclaim to be signed by the complainant. If there was no amicable settlement reached
by the parties, prepare position paper.
The Legal Officer/Legal Manager prepares a reply to the position paper prepared by the
complainant. After the filing of the reply, the case is now submitted for decision.
In case of an adverse decision by the labor arbiter, the Legal Officer or Legal Manager will file a
Memorandum of Appeal to the National Labor Relation Commission. If the employee loses the
case in the Labor Arbiter, the employee will either accept the judgment or appeal it to the National
Labor Relation Commission (NLRC) also by filing a Memorandum of Appeal.
In case of adverse decision by the NLRC, the Legal Officer/Legal Manager files a Motion for
Reconsideration to NLRC to reconsider the decision rendered. In case of denial of the motion for
reconsideration, the Legal Officer/Legal Manager will file a Petition for Certiorari under Rule 65
with the Court of Appeals. If the employee loses the labor case in the NLRC, the employee will
accept the judgment or file a motion for reconsideration, in case of denial, appeal it to the Court of
Appeals also through a Petition for Certiorari under Rule 65.
In case of denial of the appeal by the Court of Appeal, the Legal Officer/Legal Manager will file a
Petition for Review under Rule 45 to the Supreme Court. If the employee loses in the Court of
Appeals, the employee will either accept the judgment or appeal it to the Supreme Court through a
Petition for Review under Rule 45. Supreme Court is the court of last resort wherein no appeal
could be filed.
In case we lose the appeal in the supreme Court, the case is remanded to the Labor Arbiter for
Execution of judgment.
The Legal Officer/Legal Manager will attend the pre-execution conference with the Labor Arbiter
to negotiate the terms of payment and if no possible reduce the monetary award.
If there will be an amicable settlement reached by the parties at any stage from mediation to
execution of judgment in the labor case, the parties will execute an agreement pursuant thereto and
the complainant will prepare a quitclaim and document to release and discharge the employer from
any and all claims relative to the labor case.
If no amicable settlement during the pre-execution conference, the Labor Arbiter will issue a writ
of execution or order of execution and the prevailing party with the assistance of the sheriff will
proceed to execution to enforce the labor decision.

RECORDS
FO-HRA-40 Service Memo
Position Paper
Reply
Rejoinder
Memorandum of Appeal
 Motion for Reconsideration
Petition for Certiorari
Petition for Review