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Q: What are the principles on Labor Law enshrined under Article II of the 1987 Constitution?
A: Article II of the 1987 Consitution provides that:
(1) The State affirms labor as a primary social economic force. It shall protect the rights of workers and
promote their welfare (Sec. 18, Art. II, 1987 Consitution); and
(2) The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved
quality of life for all (Sec. 9, Art. II, 1987 Consitution).
Q: Is the violation by the employer of the notice requirement considered a denial of due process?
A: No. The Due Process clause of the Constitution is a limitation on governmental powers and does not
apply to the exercise of private power. The purpose for the requirement of notice and hearing is not to
comply with the Due Process Clause . Constitutional due process inapplicable to exercise of private power;
may only be invoked against the government (Serrano v. NLRC, 2000).
Q: Can the rights to counsel and to remain silent be invoked by the employee?
A: No. Rights to counsel and to remain silent may be asserted only in custodial investigation. (Manuel v.
N.C. Construction Supply, 1997)
Q: Would the failure of the employer to inform the employee who is undergoing administrative
investigation of his right to counsel amount to deprivation of due process?
A: No. The right to counsel and the assistance of one in investigations involving termination cases is neither
indispensable nor mandatory, except when the employee himself requests for one or that he manifests that
he wants a formal hearing on the charges against him. (Lopez v. Alturas Group of Companies, 2011)
Q: Can the employee invoke the right against unreasonable searches and seizure and right to privacy of
communication and correspondence against his employer?
A: No. The Bill of Rights does not protect citizens from unreasonable searches and seizures perpetrated by
private individuals. Such an invasion gives rise to both criminal and civil liabilities. (Waterous Drug
Corporation v. NLRC, 1997; People v. Marti, 1991)
Q: Do government employees have the right to organize and join concerted mass actions without
incurring administrative liability?
A: No. Government employees have the right to organize, but they may be held liable for engaging in
concerted mass action, it being a prohibited activity under CSC Law (E.O. 181). The right of government
employees to organize is limited to the formation of unions or associations excluding the right to strike.
(Gesite v. CA, 2004; 2009 Bar)
Section 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and
the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable returns
to investments, and to expansion and growth.
Q: Are charitable institutions exempt from paying employees their statutory benefits?
A: No. The Constitution guarantees that State shall afford protection to labor. They shall be entitled to
security of tenure, humane conditions of work, and a living wage.
Article 1702, New Civil Code. In case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living or the laborer.
Article 4, Labor Code. Construction in favor of labor. All doubts in the implementation and
interpretation of the provisions of this Code, including its implementing rules and regulations,
shall be resolved in favor of labor.
Q: Relate Article 1702 of the Civil Code, in relation to Article 4 of the Labor Code.
A: Article 4 of the Labor Code enunciates the time honored principle that all doubts in the implementation
and interpretation of its provisions should be resolved in favor of labor. It applies to all workers – whether
in the government or in the private sector.
It appears that Article 1702 is broader in scope in that it pertain to “all labor contracts” and not merely to
the “implementation and interpretation of the provisions of the Labor Code, including its implementing
rules and regulations.”
It may well be said that the provisions of the Civil Code and the Labor Code do not really differ in essence
since the policy of the law is clear – any doubt should always be interpreted and construed in favor labor
– which means, in more specific terms, the safety and decent living for the laborer.
Q: What are the policies enshrined in Section 3, Article XIII of the Constitution which are not covered
by Article 3 of the Labor Code on declaration of basic policy
A: They are as follows:
(1) All workers shall have the right to peaceful concerted activities, including the right to strike in
accordance with law;
(2) They shall be entitled to a living wage;
Q: Discuss the ruling in Becmen Service Exporter and Promotion v. Spouses Cuaresma (2009).
A: The Supreme Court held that the relations between capital and labor are so impressed with public
interest, and neither shall act oppressively against the other, or impair the interest or convenience of the
public. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety
and decent living for the laborer.
Exceptions:
(1) Members of the diplomatic corps;
(2) International organizations; and
(3) Such other employers as may be allowed by the DOLE (Art. 18 Labor Code).
Q: Where shall the State allow the deployment of overseas Filipino workers abroad?
A: The State shall allow the deployment of overseas Filipino workers only in countries where the rights of
Filipino migrant workers are protected. It does not, however, guarantee to promote and facilitate re-
integration of migrants into the national mainstream. (Sec. 4, R.A. 8042, as amended by Sec. 3, R.A. 10022)
LABOR STANDARDS
Q: What are the general principles in determining if time is considered as hours worked?
A: They are as follows:
(1) All hours are hours worked in the workplace, regardless of whether such hours are spent in
productive labor or involve physical or mental exertion;
(2) An employee need not leave the premises of the whole work place in order that his rest period
shall not be counted, it being enough that he stops working, whether within or outside his work
place;
(3) If the work performed was necessary, or it benefitted the employer, or the employee could not
abandon his work and had no replacement, if the work was with the knowledge of his employer
or immediate supervisor; and
Q: What are the conditions for a “compressed work week” schedule to be authorized?
A: They are the following:
(1) The employee voluntarily agrees to it;
(2) There is no diminution in their weekly or monthly take home pay or fringe benefits;
(3) The benefits are more than or at least commensurate or equal to what is due the employees without
the compressed work week;
As a general rule, there shall be an additional compensation of 10% of an employee’s regular wage for each
hour of work performed between 10 PM and 6 AM. (Art. 86, Labor Code)
Exceptions:
(1) The government and GOCCs;
(2) Retail and service establishments regularly employing not more than 5 workers;
(3) Domestic helpers and persons in the personal service of another;
(4) Managerial employees;
(5) Field personnel and other employees whose time and performance is unsupervised by the
employer or on contract basis, purely commission basis, or who are paid a fixed amount for
performing work irrespective of the time performance.
Q: If a night worker works during special days and/or holidays, what is he entitled to?
A: He is entitled to premium pay.
An employee who is required to remain “on-call” is considered working and therefore should be
compensated for such hours. (2004 Bar)
The service charge does not apply to managerial employees (Sec. 2 Rule VI IRR of the Labor Code).
It is the duty of every employer, whether operating for profit or not, to provide each of his employees a
rest period of not less than twenty four (24) consecutive hours after every six (6) consecutive normal work
days, subject to CBA and to such rules and regulations as the Secretary of Labor may provide. (Art. 91(a),
Labor Code)
However, if the laborer was able, willing, and ready to work but was illegally locked out, suspended or
dismissed, or otherwise illegally prevented from working, he is entitled to his pay. (Art. 97, Labor Code)
Q: Based on the above rule, who are excluded from its application?
A:
(1) Farm tenancy or leasehold;
(2) Household or domestic helpers, including family drivers and other persons in the personal service
of another;
(3) Homeworkers engaged in needlework;
(4) Workers in registered cottage industries who actually work at home;
(5) Workers in registered cooperatives when so recommended by the Bureau of Cooperative
Development, upon approval of the Secretary of Labor;
(6) Workers in registered barangay micro business enterprise. (Art. 98, Labor Code)
If the employee wishes to accumulate his leave credits and opts for its commutation upon his resignation
or separation from employment, his cause of action to claim the whole amount of his accumulated service
incentive leave shall arise when the employer fails to pay such amount at the time of his resignation or
separation from employment. (Autobus Transport Systems v. Bautista, 2005)
Q: Define impairment.
A: Any loss, diminution or aberration of psychological, physiological, or anatomical structure or function
(Sec. 4(b) RA 7277).
Q: Define handicap.
A: A disadvantage for a given individual, resulting from an impairment or a disability that limits or
prevents the function or activity considered normal given his/her age and sex (Sec. 4(d) RA 7277).
Q: Is there any incentive received by the employer for employing disabled persons?
A: Yes. Private entities that employ disabled persons who meet the required skills or qualifications either
as regular employee, apprentice, or learner, shall be entitled to an additional deduction, from their gross
income, equivalent to 25% of the total amount paid as salaries and wages to disabled persons; provided,
that such entities present proof, certified by the DOLE that disabled persons are under their employ, and
that the latter are accredited with the DOH, as to their disability, skills, and qualifications. (Sec. 8(b), RA
7277; 2012 and 2013 Bar)
Private entities that improve or modify their physical facilities in order to provide reasonable
accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable
POST-EMPLOYMENT
Q: What is the four-fold test in determining Employer-Employee relationship?
A: There must be:
(1) selection and engagement of employee;
(2) payment of wage;
(3) power of dismissal; and
(4) power of control (Atok Big Wedge Co. v. Cizon, 2011).
There must be before and after conduct that manifests the intention to sever employment.
Q: Is a letter denying accusations for termination but accepting separation pay a resignation letter?
A: No. There is no resignation without any conduct before and after the resignation manifesting intent to
sever employment.
Q: Define misconduct.
A: Misconduct is a transgression of some established and definite rule of action, a forbidden act, a
dereliction of duty, willful in character and implies wrongful intent and not mere error in judgment (Imasen
Philippines Manufacturing Corp. v. Alcon, 1994).
Q: Whether or not an employee who works in a Catholic institution be charged for insubordination for
refusing to marry her boyfriend who got her pregnant?
A: No. Immorality is not a religious issue but a secular one. Immorality must be treated not through the
eyes of the church but through the eyes of the public. If it is not immoral for the public, then it cannot be
considered as immoral. Such order violates the magna carta of women, which gives women to right to
choose when and who to marry. An employee, therefore, cannot be charged for insubordination for not
heeding to the unlawful order. (Cadiz v. Brent, 2016)
Exception: When there is (MUD) – causes the employer monetary damage, undermines the authority and
creates a hostile environment, disrupts other employees’ work and business.
Q: What is the process in the dismissal of a rank-and-file employee for loss of confidence?
A: The process is the following:
(1) Loss of confidence should not be simulated;
(2) It should not be used as subterfuge for causes which are improper illegal or unjustified;
(3) It may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; and
(4) It must be genuine, not a mere afterthought to justify their action (Nokom v. NLRC, 2000).
Q: What is the process to be observed in terminating the employment on the ground of just causes?
A: The process is the following:
(1) A written notice must be served on the employee specifying the ground or grounds for termination
and giving him reasonable opportunity within which to explain his side; and
(2) A written notice of termination must be served on the employee indicating that upon due
consideration of all the circumstances, sufficient ground have been established to justify his
termination (Art. 282, Labor Code)
Q: What is the process in the dismissal of a rank-and-file employee for loss of confidence?
A: The process is the following:
(1) Loss of confidence should not be simulated;
(2) It should not be used as subterfuge for causes which are improper illegal or unjustified;
(3) It may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; and
(4) It must be genuine, not a mere afterthought to justify their action (Nokom v. NLRC, 2000).
Q: Whether or not the Proportionality Doctrine may be applied to the dismissal of employees of banks?
A: No. the proportionality doctrine cannot be applied because of the nature of the banking industry. Being
imbued with public interest, extraordinary is required to the care of its accounts. (Security Bank v. Singson,
2016)
Q: What is the prescriptive period for filing action for illegal dismissal?
A: An action for reinstatement by reason of illegal dismissal must be brought within four years from the
time of dismissal pursuant to Art. 1146 of the New Civil Code. (Azor Manufacturing v. NLRC, 1999).
Exception: Service Incentive Leave Pay (SILP) is cumulative. The 3 year prescriptive period accrues from
the time the employee demands it.
Exception: Service Incentive Leave Pay (SILP) is cumulative. The 3 year prescriptive period accrues from
the time the employee demands it.
Q: What is the difference between retirement plan and the retirement pay law?
A: A retirement plan partakes the nature of a contract. The retirement pay law applies when:
(1) There is no collective bargaining agreement or other applicable employment contract providing
for retirement benefits for an employee; or
(2) There is a collective bargaining agreement or other applicable employment contract providing for
retirement benefits for an employees, but it is below the requirements set by law (Sec. 1 RA 7641).
Exceptions:
(1) Retail, service and agricultural establishment or operations employing not more than 10 employees
or workers who are exempted from the coverage of the provision on retirement benefits in the
Labor Code; and
(2) Where there is a retirement plan of the employer that grants more than what the Labor Code grants
(Sec. 1 RA 7641).
Q: What are the retirement benefits of workers who are paid by results?
A: The basis for the determination of the salary for 15 days shall be their average daily salary. The average
daily salary is derived by dividing the total salary or earnings for the last 12 months reckoned from the
date of retirement by the number of actual working days in that particular period, provided that the
determination of rates of payment by results are in accordance with established regulations (BWC Handbook
on Workers’ Statutory Monetary Benefits, 2016).
Exceptions:
(1) To pay a debt of the official or employee concerned to the private benefit plan; and
(2) To pay a debt arising from liability imposed in a criminal action (Sec. 1 RA 4917).
There is no obligation to pay separation pay if the closure is not a unilateral and voluntary act of the
employer (National Federation of Labor v. NLRC, 2000).
If the closure or cessation of operation of an establishment is due to serious business losses or financial
reverses, the employees are not entitled to separation pay (Art. 298, Labor Code).
MANAGEMENT PREROGATIVE
Union security, on the other hand, is a clause whereby the employer agrees to employ or continue in
employment only workers who are members of the exclusive collective bargaining representative of the
employees of said employer in a bargaining unit. (2004 Bar)
Q: If an employee sustains an injury on his way to work, what is the presumption under the law?
A: It is presumed that such injury arose out of an in the course of his employment. (Lentejas v. Employees’
Compensation Commission, 1991)
For this purpose, overlapping periods of membership shall be credited only once.
LABOR RELATIONS
Q: What are the tests to determine the constituency of an appropriate bargaining unit?
A: The Globe Doctrine states that bargaining units may be formed through separation of new units from
existing ones whenever plebiscites had shown the workers’ desire to have their own representatives.
(Democratic Labor Union v. Cebu Stevedoring, 1958)
Under the test of Mutuality of Interests where the question is whether or not it is fundamentally the
combination which will best assure to all employees the exercise of their collective bargaining rights. The
employees sought to be represented by the collective bargaining agent must have substantial mutual
The doctrine of Collective Bargaining History puts premium on the history and prior affinity of the
employees in determining the appropriate bargaining unit. However, the existence of a prior collective
bargaining history is neither decisive nor conclusive in the determination of what constitutes an
appropriate bargaining unit. (NAFTU v. Mainit Lumber Development, 1990)
Employment of Status doctrine refers to the determination of the appropriate bargaining unit based on the
employment status of the employees. (2007 Bar)
The application of technicalities of procedural requirements in certification election disputes will serve no
lawful objective or purpose. It is a statutory policy that no obstacles shall be placed on the holding of a
certification election and that the law is indisputably partial to the holding of a certification election.
(Western Agusan v. Trajano, 1991)
Q: What are the grounds for the denial of a petition for certification election?
A: The grounds for the denial of a petition for certification election are as follows:
(1) The petitioner union is illegitimate or improperly registered;
(2) Petition was filed outside the freedom period;
(3) Failure to submit the twenty-five (25%) support requirement for the filing of a petition for
certification election in an organized establishment;
(4) Filed within an existing election bar; or
(5) Non-appearance of the petitioner union for two (2) consecutive scheduled before the Med-Arbiter.
(Sec. 14, Rule VIII, Book V, IRR of the Labor Code, as amended)
Q: What are the requisites for the collection of union dues and special assessments?
A:
(1) Authorization by a written resolution of the majority of all the members at the general membership
meeting duly called for the purpose;
(2) Secretary’s record of the minutes of the meeting; and
(3) Individual written authorization for check-off duly signed by the employee concerned. (Gabriel v.
Secretary of Labor, 2000)
Until a new CBA has been executed by and between the parties, they are duty bound to keep the status
quo and to continue, in full force and effect, the terms and conditions of the existing agreement. The law
does not provide for any exception or qualification as to which of the economic provisions of the existing
agreement shall remain in force and effect, therefore, it must be understood as encompassing all the terms
and conditions of the said agreement. (Art. 263, Labor Code)
Q: Are the benefits of the CBA applicable to employees who are non-members?
A: Yes. The benefits of the CBA are applicable to all employees regardless of their membership in the union,
because to withhold the same from non-union members would be to discriminate them.
Q: Are workers allowed to negotiate wage increases separate and distinct from the legislated wage
increases?
A: Yes. (Supreme Steel Corporation v. Nagkakaisang Manggagawa ng Supreme Independent Union (NMS-IND-
APL))
It shall be unlawful for an employer to commit any of the following unfair labor practices:
(1) To interfere with, restrain, or coerce employees in the exercise of their right to self-organization;
(2) To require as a condition of employment that a person or an employee shall not join a labor
organization or shall withdraw from one to which he belongs;
(3) To contract out services or functions being performed by union members when such will interfere
with, restrain, or coerce employees in the exercise of their right to self-organization;
(4) To initiate, dominate, assist, or otherwise interfere with the formation or administration of any
labor organization including the giving of financial or other support to it or its organizers or
officers;
(5) To discriminate in regard to wages, hours of work, and other terms and conditions of employment
in order to encourage or discourage membership in any labor organization;
(6) To dismiss, discharge, or otherwise prejudice or discriminate against an employee for having given
or being about to give testimony;
(7) To violate the duty to bargain collectively;
(8) To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement
of any issue in collective bargaining or any other dispute; and
(9) To violate a collective bargaining agreement. (Art. 259, Labor Code)
These requisites constituted just cause for terminating an employee based on the CBA’s union security
clause. (Abalone Country Club v. NLRC, 2008)
Q: What is the requirement for both parties when they bargain collectively?
A: The law expressly mandates that both employers and labor organizations should bargain collectively in
good faith. There is no per se test of good faith in bargaining. Good faith or bad faith is an inference to be
drawn from the facts. The effect of an employer’s or a union’s actions individually is not the test of good
faith bargaining, but the impact of all such occasions or actions, considered as a whole. (General Milling
Corp. v. Court of Appeals, 2004)
Q: Define a strike.
A: A strike is a temporary stoppage of work as a result of an industrial or labor dispute. (Art. 219(o), Labor
Code)
Q: How does the law regulate the use of strike as a form of concerted activity?
A: The following are examples of how the law regulates the use of strike as a form of concerted activity:
(1) Procedural requirements should be observed, namely, filing of notice of strike, observance of
cooling off period, taking of strike vote, and report of the strike vote; and
(2) Use of violence, intimidation, or coercion and blockade of ingress-egress are prohibited and may
also be criminally sanctioned. (Art. 278(b)(c)(f)(g), Labor Code)
Q: Even if the purpose of the strike is valid and has complied with the procedural requirements, can a
strike be held illegal?
A: Yes. Despite the validity of the purpose of a strike and compliance with the procedural requirements, a
strike may still be held illegal where the means employed are illegal. The means become illegal when they
come within the prohibitions under Article 264(e) of the Labor Code. (Phimco Industries v. PILA, 2010)
Q: Define picketing.
A: It is the marching to and fro at the employer’s premises, usually accompanied by the display of placards
and other signs making known the facts involved in a labor dispute. (IBM v. NLRC, 1995)
Q: Define boycott.
A: It is the concerted refusal to patronize an employer’s goods or services and to a like refusal.
Q: Define lockout.
A: It is the temporary refusal by an employer to furnish work as a result of an industrial or labor dispute
which consists of shutdown, mass retrenchment, and dismissals initiated. (Art. 219(p), Labor Code)
Q: When in the opinion of the DOLE Secretary, the labor dispute causes or will likely cause a strike or
lockout in an industry indispensable to the national interest, he is empowered to do either of two (2)
things. What are these?
A: These powers are namely:
(1) He may assume jurisdiction over the labor dispute and decide it himself; or
(2) He may certify it to the NLRC for compulsory arbitration, in which case, the NLRC shall hear and
decide it. (Art. 278(g), Labor Code)
Q: Can the above powers be exercised even before the actual staging of a strike or lockout?
A: Yes. The DOLE Secretary may exercise such powers even before the actual staging of a strike or lockout
since Article 278(g) does not require the existence of a strike or lockout but only of a labor dispute involving
national interest.
This is done for the promotion of the common good considering that a prolonged strike or lockout can be
inimical to the national economy. The Secretary of Labor acts to maintain industrial peace. Thus, his
certification for compulsory arbitration is not intended to impede the workers right to strike but to obtain
a speedy settlement of the dispute. (PTWU v. Confesor, 1997)
Q: What are the cases subject to the exclusive and original jurisdiction of the Labor Arbiter?
A: Labor Arbiters have jurisdiction over the following cases, involving all workers, whether agricultural or
nonagricultural:
(1) Unfair labor practice cases;
(2) Termination disputes;
Exception: Claims for Employment Compensation, Social Security, Philhealth and maternity
benefits.
(7) Wage distortion disputes in unorganized establishments nor voluntarily settled pursuant to R.A.
6727;
(8) Enforcement of compromise agreements when there is non-compliance by any of of the parties
pursuant to Art. 233, Labor Code;
(9) Money claims arising from employer-employee relations or by virtue of any law or contract
involving overseas contract workers under the Migrant Workers Act of 1995 (R.A. 8042, as amended
by R.A. 10022);
(10) Other cases as may be provided by law. (Sec. 1, Rule V, 2011 NLRC, Rules of Procedure)
As a general rule, in the absence of any of the above requisites, the Labor Arbiter shall have exclusive
original jurisdiction over claims arising from employer-employee relations. The exception is claims for
employee’s compensation, social security, medicare and maternity benefit. (Art. 229, Labor Code)
Q: Does the Labor Arbiter have jurisdiction over cases involving corporate officers?
A: No. Jurisidction over cases involving corporate officers lies with the regular courts (2011 Bar).
Q: What is subject to the concurrent jurisdiction of the Labor Arbiter and the NLRC?
A: Contempt cases.
Q: Does mere execution of a contract by the prospective employer and prospective employee, in case of
breach give the LA jurisdiction?
Q: Does the LA have jurisdiction over claims of government employees working in government owned
and controlled corporations?
A: It depends. LA has jurisdiction over employees of government owned and controlled corporations
WITHOUT an original charter.
If the GOCC has a special charter (ex. UP), then it is the Civil Service Commission that has jurisdiction.
(Zamboanga City Water District vs Buat, 1994)
Q: Must there be an employer-employee relationship before a Labor Arbiter has jurisdiction over the
money claims of the claimant?
A: Yes. Money claims arising out of employer-employee relationship or by virtue of any law or contract,
involving Filipino workers for overseas employment, including claims for actual, moral, exemplary and
other forms of damages.
Q: What are the cases that must be referred by the Labor Arbiter to the grievance machinery and
voluntary arbitration?
A: The following are cases that must be referred by the Labor Arbiter to the grievance machinery and
voluntary arbitration:
(1) Disputes on the interpretation and implementation of the CBA; and
(2) Disputes on the interpretation or enforcement of company personnel policies.
However, if the jurisdiction is provided for by the Labor Code (ex. Money claims) and the party fails to
question the jurisdiction of the Labor Arbiter during the mandatory conciliation and mediation conference,
he may be estopped from questioning the LA’s jurisdiction.
Q: What is the procedure to stay the decisions, awards or orders of the Labor Arbiter?
A: The general rule is by filing an appeal to the Commission by any or both parties within 10 calendar days
from receipt of such decisions, awards or orders. The exception is the reinstatement aspect which is
immediately executory. (Sec. 1, Rule VI, 2011 NLRC Rules of Procedure)
In case the decision involves a monetary award, an appeal by the employer may only be perfect upon the
posting of a cash or surety bond issued by a reputable bonding company duly accredited by the
Commission equivalent in amount to the monetary award, exclusive of damages and attorney’s fees. (Art.
299, LC; Sec. 6, Rule VI, 2011 NLRC Rules of Procedure)
Mere filing of a motion reduce bond without complying with the requisites in the preceding paragraphs
shall not stop the running of the period to perfect an appeal. (Sec. 6, Rule VI, 2011 NLRC Rules of Procedure)
Q: What are the prohibited pleadings in proceedings before the Labor Arbiter?
A: All pleadings are prohibited, except a motion to dismiss for (JVRPF):
(1) Lack of jurisdiction over the subject matter;
(2) Res judicata;
(3) Improper venue;
(4) Prescription;
(5) Forum shopping.
Q: What is the effect of not having or having a defective certification of non-forum shopping?
A: For complainant, the case can be dismissed and the position paper may be ordered stricken off. On other
other hand, respondent is not required to append a certification.
Q: What is the rule on payment of supersedeas bond that is required to perfect an appeal?
A: If the appeal bond is too high, the defendant may file a motion to reduce bond, and then deposit 10% of
the amount. This will be sufficient to perfect an appeal.
In Mcburnie v. Ganzon (2013), the Supreme Court allowed the motion to reduce supersedeas bond as long
as at least 10% of the bond is paid. Pending resolution of that motion, the reglementary period for filing
position paper is put on hold.
Q: Is the decision of the Labor Arbiter which orders reinstatement immediately executory?
A: Yes. The decision of the Labor Arbiter is immediately executory insofar as the reinstatement aspect is
concerned and the posting of an appeal bond by the employer shall not stay such execution. There is no
need for a motion for issuance of writ of execution on the reinstatement order as it is self executory. (Art.
229, Labor Code)
Q: What are the cases subject to the original jurisdiction of the NLRC?
A: The NLRC has original jurisdiction over the following cases:
(3) Petition for injunctions or TRO in ordinary labor disputes. (Art. 225, LC; Sec. 1, Rule X, 2011 NLRC
Rules of Procedure);
(4) Petition for injunction in strikes and lockouts (Sec. 2, Rule X, 2011 NLRC, Rules of Procedure);
(5) Certified cases by the secretary of Labor in an industry indispensable to the national interest. (Art.
278 (g), LC; Sec. 2, Rule VIII, 2011 NLRC Rules of Procedure);
(6) Petition to annul or modify the decision of the Court of Appeals. (Rule XII, 2011 NLRC Rules of
Procedure).
Q: What are the cases subject to the appellate jurisdiction of the NLRC?
A: The NLRC has appellate jurisdiction over the following cases:
(1) Cases decided by the Regional offices over monetary claims of workers not exceeding P5,000.00;
(2) Cases decided by Labor Arbiters under Article 229 of the Labor Code and Section 10 of the Migrant
Workers’ Act.
(3) Cases decided by Labor Arbiters on wage distortion issues in non-unionized establishment;
(4) Cases certified by the Regional Director; and
(5) Denial of the claim of the third party where property was levied on by the Sheriff. (R.A. 9347, 2011
NLRC Rules of Procedure)
Exceptions:
(1) In case of non-compliance therewith or;
(2) If there’s a prima facie evidence that the settlement was obtained through fraud, misinterpretation
of coercion. (Arellano, et. al. v. Powertech Corp., 2008).
As to the authority on issuing a labor injunction, the NLRC can issue an injunctive writ. On the other hand,
the Labor Arbiter cannot issue an injunctive writ.
In observance of the hierarchy of courts, the petition must be filed in the first instance with the CA.
Q: What are the cases subject to the exclusive and original jurisdiction of the Bureau of Labor Relations
- Med-Arbiters?
A: It has exclusive and original jurisdiction to act on its own initiative or upon the request of either or both
parties on the following:
(1) Intra-union and inter union conflicts; and
(2) All disputes, grievances or problems arising from or affecting labor-management relations in all
workplaces.
EXCEPTION: Those arising from the implementation or interpretation of CBAs. (Art 232, Labor
Code)
Q: What is Conciliation?
A: It is the process of dispute management whereby parties in dispute are brought together for the purpose:
(1) Amicably settling the case upon a fair compromise;
(2) Determining the real parties in interest;
(3) Defining and simplifying the issues in the case;
(4) Entering into admissions or stipulations of facts; and
(5) Threshing out all other preliminary matters. (Sec. 8, Rule V, 2011 NLRC Rules of procedure as amended)
Q: What is Mediation?
A: It is a voluntary process of settling disputes where the parties elect a mediator to facilitate the
communication and negotiation between the parties in dispute for the purpose of assisting them in reaching
a compromise. (Sec. 3(q), R.A. 9285 or the Alternative Dispute Resolution Law)
Exception: When the employer contests findings of the officer and raises issues supported by documentary
proof not considered during inspection. This is a matter that may be raised to the Labor Arbiter.
Q: What are the cases subject to the exclusive and original jurisdiction of the Voluntary Arbitrator?
A: The Voluntary Arbitrator has exclusive original jurisdiction over the following cases:
(1) All grievance arising from the implementation or interpretation of the CBA’
(2) Interpretation of enforcement of company personnel policies which remain unsolved after
exhaustion of grievance procedure;
(3) Wage distortion issues arising from the application of any wage orders in organized
establishments; and
(4) Unresolved grievances arising from the interpretation and implementation of the productivity
incentive programs under RA 6971.
Includes termination disputes, provided the agreement between the parties states that they conform to the
submission of termination disputes and ULP to voluntary arbitration. This is so because termination
disputes are generally within the exclusive and original jurisdiction of the Labor Arbiters. (Art. 268, Labor
Code)
Exception: In one case, it was allowed when moral ascendancy was proven. (ex. father figure) (Domingo v.
Rayala, 2008)
"Satisfaction lies in the effort, not in the attainment, full effort is full victory."
- Mahatma Gandhi