PURSUANT TO THE PROVISION OF ARTICLE 218 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
442, as amended, otherwise known as the Labor Code of the Philippines,
the following rules governing arbitration proceedings before the Labor
Arbiters and the National Labor Relations Commission are hereby adopted
and promulgated:
RULE I
Title and Construction
SECTION 1. Title of the Rules — These Rules shall be known as the Revised Rules of the National Labor Relations Commission.
SECTION 2. Construction — These Rules shall
be liberally construed to carry out the objectives of the Constitution
and the Labor Code of the Philippines and to assist the parties in
obtaining just, expeditious and inexpensive settlement of labor
disputes.SECTION 3. Suppletory Application of Rules
of Court and Jurisprudence — In the absence of any applicable provision
in these Rules, and in order to effectuate the objectives of the Code,
the pertinent provisions of the Revised Rules of Court of the
Philippines and prevailing jurisprudence may, in the interest of
expeditious labor justice and whenever practicable and convenient, be
applied by analogy or in a suppletory character and effect.
RULE II
Seal of the Commission
SECTION 1. Seal — The seal of the National
Labor Relations Commission shall be of standard size, circular, with the
inscription running from left to right on the upper outside edge, with
the words “National Labor Relations Commission,” and on the lower
outside edge, the words “Republic of the Philippines,” with a design at
the center containing the coat of arms of the Ministry of Labor and
Employment.
RULE III
Definition of Terms
SECTION 1. Definitions — The terms and
phrases defined in Article 212 of the Labor Code, as amended, shall, as
far as practicable, be given the same meanings when used herein, except
that the use hereinafter of the word “Commission” shall refer only to
either the National Labor Relations Commission en banc or to any of its
Divisions.As used herein, Regional Arbitration Branch shall mean any of regional arbitration branches of the National Labor Relations Commission.
RULE IV
Pleadings and Appearances
SECTION 1. Title, Caption, Parties and Cause of Action —
(a) In cases filed in the Commission or in any of its Regional
Arbitration Branches, the party initiating the action shall be called
the complainant or petitioner and the opposing party the respondent.(b) The full names of all the real parties in
interest, whether natural or juridical persons or entities authorized by
law, shall be stated in the captions of the original pleadings,
resolutions, orders or decisions, and the necessary, in summons,
notices, and other processes to be served upon them.The caption shall be as follows:
Ministry of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. ______
City/Province________________,
Complainant/Petitioner,– versus-
________________,
Respondent.X – – – – – – – – – – – – – – – – – – – – x NLRC CASE NO. R.A.B. …………………
( Mo. No. Yr.)FOR:…………………………………………………
(State nature of action such as Unfair Labor
Practice, Money Claims, Termination Cases, etc.)
COMPLAINT/PETITION/ANSWER/POSITION PAPER/MEMORANDUM
(c) A complainant or petitioner having more than one
cause of action against the same respondent, arising out of the same
relationship, shall join all of them in one complaint or petition.SECTION 2. Issuance of Summons and Filing of Pleadings
— Immediately after receiving notice that a case has been assigned to
him, the Labor Arbiter concerned shall issue the required notification
and summons.After receipt of a notice or summons, any and all pleadings
respecting the case shall be filed in the central docketing unit of the
Regional Arbitration Branch or District where such notice or summons
emanated.SECTION 3. Service of Copies of Pleadings —
The party filing the pleadings shall serve the opposing party or
parties with a copy or copies thereof in the manner provided for in
these Rules, and proof of such service shall be filed with the
pleadings.SECTION 4. Service of Notices and Resolutions
— (a) Notices or summons and copies of orders, resolutions, or
decisions shall be served personally by the bailiff or duly authorized
public officer or by registered mail on the parties to the case within
five (5) days from receipt thereof by the serving officer; Provided that
where a party is represented by counsel or authorized representative,
service shall be made on the latter.(b) The bailiff or officer personally serving the
notice, order, resolution, or decision shall submit his return within
five (5) days from the date of his service thereof, stating legibly in
his return, his name, the mode/s of service, the names of the persons
served and the date of receipt. If no service was effected the serving
officer shall state the reason therefor. The return shall form part of
the records of the case.SECTION 5. Proof and Completeness of Service
— The return is prima facie proof of the facts indicated therein.
Service by registered mail is complete upon receipt by the addressee or
his agents.SECTION 6. Appearances — An attorney appearing for a party is presumed to be properly authorized for that purpose.
A non-lawyer may appear before the Commission or any Labor Arbiter only if:
(a) he represents himself as party to the case
(b) he represents an organization or its members; provided
that he shall be made to present written proof that he is an authorized
representative of the organization or its members; or(c) he is a duly accredited member of the free legal aid
staff of the Ministry of Labor and Employment or of any other legal aid
office accredited by the Ministry of Justice or the Integrated Bar of
the Philippines in cases referred thereto by the said offices.Appearances may be made orally or in writing. In both cases, the
complete office address shall be made of record and the adverse party or
his counsel/representative properly advised.Any change in the address of counsel/representative should be filed
with the record of the case and furnished the adverse party or counsel.SECTION 7. Authority to Bind Party —
Attorneys and other representatives of parties shall have authority to
bind their clients in all matters of procedure; but they cannot, without
a special power of attorney or express consent, enter into a compromise
agreement with the opposing party in full or partial discharge of a
client’s claim.
RULE V
Venue, Assignment, and Disposition of Cases
SECTION 1. Venue — (a) All cases which
Labor Arbiters have authority to hear and decide may be filed in the
Regional Arbitration Branch having jurisdiction over the workplace of
the complainant/petitioner.(b) Where two or more Regional Arbitration Branches have
jurisdiction over the workplace of the complainant or petitioner, the
Branch that shall first acquire jurisdiction over the case shall exclude
the others.(c) When improper venue is not objected to before or at the
time of the filing of position papers, such question shall be deemed
waived.(d) The venue of an action may be changed or transferred to a
different Regional Arbitration Branch other than where the complaint
was filed by written agreement of the parties or when the Commission so
orders upon motion by the proper party in meritorious cases.SECTION 2. Preparation of Complaint — A
complainant who is not assisted by counsel or representative or who has
no prepared written complaint shall be assisted by a complaint officer
of the Regional Arbitration Branch in the preparation thereof.SECTION 3. Transmittal of Cases/Pleadings —
(a) All complaints and petitions received by the docket section of the
Regional Arbitration Branch shall be transmitted to the Executive Labor
Arbiter thereof within twenty-four (24) hours from receipt thereof.(b) All pleadings subsequent to the filing of the case shall
be transmitted within twenty-four (24) hours from receipt to the Labor
Arbiter to whom the case is assigned.SECTION 4. Consolidation of Cases — Where
there are two or more cases pending before different Labor Arbiters in
the same Regional Arbitration Branch involving the same employer and
issues or the same parties with different issues, the case which was
filed last shall be consolidated with the first to avoid unnecessary
costs or delay. Such cases shall be disposed of by the Labor Arbiter to
whom the first case was assigned.SECTION 5. Assignment of Cases — Within
forty-eight (48) hours from receipt of the cases transmitted to him by
the docket officer, the Executive Labor Arbiter shall assign the same to
the different Labor Arbiters by means of raffle. In exceptional cases,
however, as when there is an impending or actual strike or lockout, or
when a labor dispute is reportedly attended by violence, or is causing
or likely to cause public disorder or inconvenience, or in places where
holding a raffle is not practicable, the Executive Labor Arbiter may
assume jurisdiction over such cases or assign the same to Labor Arbiters
who, in his opinion, can effect immediate settlement or adjudication of
the cases.SECTION 6. Disposition of Cases — Subject
to the provisions of Art. 255 of the Labor Code, when a case is assigned
to a Labor Arbiter, the entire case and any or all incidents thereto
shall be considered assigned to him; and the same shall be disposed of
in the same proceeding to avoid multiplicity of suits or proceedings.Provided, that when the Minister of Labor and Employment has
assumed jurisdiction over a strike or lockout dispute or certified the
same to the Commission, the parties to such dispute shall immediately
inform the Minister or the Commission as the case may be, of all cases
between them pending before any Regional Arbitration Branch, and the
Labor Arbiter handling the same of such assumption or certification,
whereupon all proceedings before the Labor Arbiter concerning such cases
shall cease and the Labor Arbiter shall await instructions from the
Minister or the Commission.
RULE VI
Jurisdiction of Labor Arbiters
SECTION 1. Jurisdiction — Subject to the
provisions of Articles 128(b), 248 and 264(g) of the Labor code, as
amended, and Executive Order Nos. 591 and 797, the Labor Arbiter shall
have original and exclusive jurisdiction to hear and decide the
following cases involving all workers, whether agricultural or
non-agricultural:(a) Unfair labor practice cases;
(b) Those that workers may file involving wages, hours of work, and other terms and conditions of employment;
(c) All money claims of workers, including those based on
non-payment or underpayment of wages, overtime compensation, separation
pay, and other benefits provided for by law, or appropriate agreement,
except claims for employees’ compensation, social security, medicare,
and maternity benefits;(d) Cases involving household services;
(e) Cases arising from any violation of Article 265 of the
Code, including questions involving the legality of strikes and
lockouts;(f) Termination cases;
(g) Claims for moral or similar forms of damages arising from employer-employee relationship; and
(h) Cases involving violation of compromise agreements or
where there is prima facie evidence that the settlement was obtained
through fraud, misrepresentation, or coercion as provided in Article 227
of the Code.
RULE VII
Proceedings Before Labor Arbiters
SECTION 1. Initial Conference/Hearing —
Within two (2) days from receipt of an assigned case, the Labor Arbiter
shall summon the parties to an initial conference/hearing for the
purpose of amicably settling the case upon a fair compromise or
determining the real parties in interest, defining and simplifying the
issues in the case, and threshing out other preliminary matters. The
notice or summons shall specify the date, time, and place of the hearing
and shall be accompanied by a copy of the complaint.Should the parties arrive at any agreement as to the whole or any
part of the dispute, the same shall be reduced to writing and signed by
the parties before the Labor Arbiter. The settlement shall be approved
by the Labor Arbiter after being satisfied that it was voluntarily
entered into by the parties and after having explained to them the terms
and consequences thereof.A compromise agreement entered into by the parties not in the
presence of the Labor Arbiter before whom the case is pending shall be
approved by him if, after confronting the parties, particularly the
complainants, he is satisfied that they understand the terms and
conditions of the settlement and that it was entered into freely and
voluntarily by them.A compromise agreement duly entered into in accordance with this
Section shall be final and binding upon the parties and the Order
approving it shall have the effect of a judgment rendered by the Labor
Arbiter in the final disposition of the case.SECTION 2. Submission of Position Papers —
During the initial conference/hearing, or immediately thereafter, the
Labor Arbiter shall require the parties to simultaneously submit to him
their respective verified position papers, which shall cover only the
issues raised in the complaint, accompanied by all supporting documents
then available to them and the affidavits of their witnesses which shall
take the place of their direct testimony. The parties shall thereafter
not be allowed to allege, or present evidence to prove, facts not
referred to and any cause or causes of action not included in their
complaint or position papers, affidavits, and other documents. The
parties shall furnish each other with copies of the position papers,
together with the supporting affidavits and documents submitted by them.SECTION 3. Determination of Necessity of Hearing
— Immediately after the submission by the parties of their position
papers and supporting proofs, the Labor Arbiter shall determine whether
there is a need for a formal hearing or investigation. At this stage,
he may, in his discretion, and for the purpose of making such
determination, elicit pertinent facts or information, including
documentary evidence, if any, from any party or witness to complete, as
far as possible, the facts of the case. Facts or information so
elicited may serve as basis for his clarification or simplification and
limitation of the issues in the case, encouraging for this purpose the
submission by the parties of admissions and stipulations of fact to
abbreviate the proceedings. He shall participate actively in the
preparation of such stipulations, making suggestions on what facts the
parties need not prove.SECTION 4. Period to Decide Case — (a) If
the Labor Arbiter finds no necessity of further hearing after the
parties have submitted their position papers and supporting documents,
he shall so inform the parties, stating the reasons therefor, and shall
ask them to acknowledge the fact that they were so informed by signing
the minutes of the hearing. He shall render his decision in the case
within fifteen (15) working days thereafter.(b) Should the Labor Arbiter find it necessary to conduct a
hearing, he shall set the date or dates for the same. He shall render
his decision in the case within thirty (30) working days from the date
the case is submitted for decision.SECTION 5. Conciliation of Disputes — In
all cases, and at any stage of the proceedings, the Labor Arbiter shall
exert all efforts and take positive steps toward resolving the dispute
through conciliation.SECTION 6. Nature of Proceedings — The
proceeding before a Labor Arbiter shall be non-litigious in nature.
Subject to the requirements of due process, the technicalities of law
and procedure and the rules governing admissibility and sufficiency of
evidence obtaining in the courts of law shall not strictly apply
thereto. The Labor Arbiter may avail himself of all reasonable means to
ascertain the facts of the controversy speedily, including ocular
inspection and examination of well-informed persons.SECTION 7. Role of Arbiter in Proceedings —
The Labor Arbiter shall personally conduct the hearing. Except as
provided by law, the Labor Arbiter shall determine the order of
presentation of evidence by the parties, subject to the requirements of
due process. He shall take full control of the proceedings, examine the
parties and their witnesses to satisfy himself with respect to the
matters at issue, and may allow the parties or their counsel to ask
questions only for the purpose of clarifying points of law or fact
involved in the case. He shall limit the presentation of evidence to
matters relevant to the issue before him and necessary for a just and
speedy disposition of the case.SECTION 8. Presentation of Evidence — As a general rule, the party initiating the case shall be the first to present his evidence to support his case.
SECTION 9. Extent of Cross-Examination — In
the cross-examination of witnesses, only relevant, pertinent and
material questions necessary to enlighten the presiding Labor Arbiter
shall be allowed.SECTION 10. Non-Appearance of Parties — (a)
Two absences at a hearing by the complainant or petitioner, who was duly
notified thereof, may be sufficient cause to dismiss the case without
prejudice. Where proper justification, however, is shown by proper
motion to warrant the re-opening of the case, the Labor Arbiter shall
call a second hearing and continue the proceedings until the case is
finally decided. Dismissal of the case for the second time due to the
unjustified non-appearance of the complainant or petitioner who was duly
notified thereof shall be with prejudice.(b) In case of non-appearance by the respondent, despite due
notice, during the complainant’s presentation of evidence, the
complainant shall be allowed to present evidence ex parte, subject to
cross-examination by the respondent, where proper, at the next hearing.
Upon completion of such presentation of evidence for the complainant,
another notice of hearing for the reception of the respondent’s evidence
shall be issued, with a warning that failure of the respondent to
appear shall be construed as submission by him of the case for
resolution without presenting his evidence.(c) In case of unjustified non-appearance by the respondent
during his turn to present evidence, despite due notice, the case shall
be considered submitted for decision on the basis of the evidence so far
presented.SECTION 11. Revival/Re-opening of Dismissed Case
— A party may file with the Labor Arbiter or Branch or District of
origin a petition to revive or re-open a case dismissed without
prejudice within ten (10) working days from receipt of notice of the
order dismissing the same, otherwise, his only remedy shall be to refile
the case.SECTION 12. Postponement of Hearing — The
parties and their counsel or representative appearing before a Labor
Arbiter shall be prepared for continuous hearing. Postponement or
continuances of hearing shall be allowed by the Labor Arbiter only upon
meritorious grounds and subject always to the requirement of expeditious
of cases. In the event of such postponements or continuances, the
Labor Arbiter shall set two or more dates of hearing in advance.SECTION 13. Records of Proceedings — The
proceedings before a Labor Arbiter need not be recorded by
stenographers. He shall, however, make a written summary of the
proceedings including the substance of the evidence presented, which
shall form part of the records of the case. The written summary shall
be signed by the parties.SECTION 14. Motion to Dismiss — Any motion to
dismiss a complaint or petition on the grounds that the Labor Arbiter
has no jurisdiction, or that the cause of action is barred by prior
judgment or by prescription, shall be immediately acted upon by the
Labor Arbiter if the facts strongly indicate dismissal. Any motion to
dismiss with no such indication shall be disposed of only in the final
determination of the case and shall not be allowed to interrupt or delay
the proceedings.SECTION 15. Contents of Decisions — The
decisions of Labor Arbiters shall be clear and concise and shall include
a brief statement of the (a) facts of the case; (b) issue/s involved;
(c) applicable law or rules; (d) conclusions and the reasons therefor;
and (e) specific remedy or relief granted.In cases involving monetary awards, the decisions or orders of the
Labor Arbiter shall also contain the amount awarded which shall be
computed before the decision is rendered, including accrued back wages,
if any.SECTION 16. Motions for Reconsideration — No motions for reconsideration of any order or decision of a Labor Arbiter shall be given due course.
RULE VIII
Appeals
SECTION 1. (a) Appeal — Decisions or orders of a
Labor Arbiter shall be final and executory unless appealed to the
Commission by any or both of the parties within ten (10) calendar days
from receipt of notice thereof.(b) Grounds and Period for Appeal — The aggrieved
party may appeal to the Commission from a decision or order of a Labor
Arbiter within ten (10) calendar days from receipt by him of a copy of
the same on any of the following grounds:1. That there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
2. That the decision or order was secured through fraud or coercion, or graft and corruption;
3. That the appeal is made purely on question of law; or
4. That serious errors in the findings of fact were
committed which, if not corrected, would cause grave and irreparable
damage or injury to the appellant.SECTION 2. Where Filed — The appeal shall be filed in five (5) legibly typewritten copies with the Regional Arbitration Branch of origin.
SECTION 3. Caption — In all cases appealed
to the Commission, the party appealing the case shall be called the
appellant and the adverse party the appellee, but the title and number
of the case shall remain as below.SECTION 4. Appeal Fee — The appellant shall pay an appeal fee of seventy pesos (P70.00) to the Regional Arbitration Branch of origin.
SECTION 5. Requisites of Appeal; When Perfected
— (a) The appeal shall be filed within the reglementary period as
provided in Section 1 of this Rule; shall be under oath with proof of
payment of the required appeal fee; and shall be accompanied by a
memorandum of appeal which shall state the grounds relied upon and the
arguments in support thereof, and a statement of the date when the
appellant received the decision or order, together with proof of service
on the other party of such appeal.(b) The appellee may file in the proper Regional Arbitration
Branch his reply or opposition to the appeal within ten (1) calendar
days from receipt thereof. Failure on the part of the appellee who was
properly furnished with a copy of the appeal to file his reply or
opposition within the said period shall be construed as a waiver on his
part to file the same.(c) Once the appeal is perfected in accordance with these
Rules, issues not raised on appeal shall become final and executory, and
the Commission shall limit itself to reviewing and deciding specific
issues that were elevated on appeal.SECTION 6. No Extension of Period — No motion or request for extension of the period within which to perfect an appeal shall be entertained.
SECTION 7. Immediate Transmittal of Records and Appeal
— Within forty-eight (48) hours after the filing of the reply or
opposition of the appellee, or after the expiration of the period to
file the same, the entire record of the case, together with the
memorandum of appeal, proof of service, and proof of payment of the
appeal fee, shall be transmitted by the Regional Arbitration Branch of
origin to the Executive Director of the Commission.SECTION 8. Records of Cases — The records
of cases shall contain, among others, a complete narration of what
transpired in the arbitration stage in the form of minutes, including
all original pleadings, notices, proof of service of the decision, order
or award, and other papers, which shall all be consecutively numbered.
Only records of cases on appeal, properly numbered with complete
minutes, shall be accepted by the Executive Director of the Commission.SECTION 9. Appeals from Decisions of Other Agencies
— The rules provided herein governing appeals from the decisions or
orders of Labor Arbiters shall apply to appeals to the Commission from
decisions or orders of other offices or agencies appealable to the
Commission according to law.SECTION 10. Frivolous/Dilatory Appeals — To
discourage frivolous or dilatory appeals, the Commission may impose a
reasonable penalty, including fine or censure, upon the erring parties.
RULE IX
Jurisdiction of the Commission
SECTION 1. Original and Exclusive Jurisdiction of the Commission En Banc — (a) The following shall be decided by the Commission en banc in the exercise of its original and exclusive jurisdiction:
1. Injunction cases;
2. Cases of contempt committed against the Commission or any of its members; and
3. Cases certified to the Commission by the Minister of Labor and Employment
(b) The hearing and reception of the evidence in these
cases may be assigned by the Commission to any Commissioner or Labor
Arbiter.SECTION 2. Appellate Jurisdiction of the Commission
— The Commission shall exercise exclusive appellate jurisdiction over
all cases decided by Labor Arbiters and over all cases declared by law
to be appealable thereto.SECTION 3. Appealed Cases Cognizable by the Commission En Banc and by the Divisions — (a) The following cases shall be cognizable by the Commission en banc in the exercise of its appellate jurisdiction:
1. Cases where the national security or social and economic stability is threatened;
2. Contempt cases on appeal;
3. Appealed cases assigned to any Divisions of such
complicated nature or involving such intricate questions of law that,
upon the vote of a majority of the same, are referred to the Commission
en banc for action or resolution; and4. Any appealed case if in the judgment of the Chairman or
the Vice-Chairman of the Commission the disposition of the same by the
Commission en banc is imperative because of its policy implications or
other justifiable grounds.(b) Appealed cases not included in the above
enumeration shall be divided and distributed more or less equally, by
raffle, assignment or otherwise, as directed by the Vice-Chairman of the
Commission, among the Divisions for resolution.
RULE X
Proceedings Before the Commission
SECTION 1. Internal Functioning of the Commission En Banc and the Divisions
— The Commission shall sit en banc in the performance of its policy of
rule-making power. In the exercise of its adjudicatory functions, it may
sit en banc or in three (3) divisions.SECTION 2. The Chairman and the Vice-Chairman
— (a) The Minister of Labor and Employment or his duly authorized
representative shall act as the Chairman of the Commission and shall
preside over its deliberations when sitting en banc.(b) The Vice-Chairman shall act as Presiding
Commissioner of the First Division and shall be the Administrator of the
Commission. He shall preside over the deliberations of the Commission
when sitting en banc in the absence of the Chairman or when so delegated
by him for such purpose.SECTION 3. En Ban Quorum and Vote — The
presence of majority of all the members of the Commission shall
constitute a quorum to decide any matter before it. The vote or
concurrence of a majority of the members constituting a quorum shall be
necessary to promulgate a decision or resolution of the Commission en
banc. In the event of a tie, when no decision or resolution in a case
has been reached upon the expiration of the period during which the
Commission is required to resolve the case, after the absent member or
members shall have been given the chance to participate and vote, the
side on which the Chairman casts his vote shall be deemed to be the
decision of the Commission.SECTION 4. Division Quorum and Vote — The
presence of at least two (2) members of a Division shall constitute a
quorum to decide any case before it. The concurring votes of at least
two (2) members thereof shall have the same force and effect as a
resolution or decision of the Commission. If no majority vote is
arrived at in the Division, the case shall be elevated to the Commission
en banc for resolution.SECTION 5. Role of Chairman in the Division
— The Chairman of the Commission may convene and preside over the
session of any Division to consider any case pending before it and
participate in its deliberations, if in his judgment his presence
therein will best serve the interests of labor justice. He shall not,
however, participate in the voting by the Division, except when he is
acting as Presiding Commissioner of the Division in the absence of the
regular Presiding Commissioner.SECTION 6. Absence of a Division Member —
Whenever a Division is not fully constituted, the members present may
request a member of another Division to participate in its deliberations
and to vote therein.SECTION 7. Promulgation of Decision —
Within five (5) days after the Commission or Division has reached a
decision with respect to the disposition of a case, the same shall be
promulgated.SECTION 8. Dissenting Opinion — Should any
member indicate his intention to write a dissenting opinion, he may file
the same within the period prescribed for deciding or resolving the
appeal; otherwise, such written dissenting opinion shall not be
considered part of the records of the case.SECTION 9. Motions for Reconsideration —
Motions for reconsideration of any order, resolution, or decision of the
Commission shall not be entertained except when based on palpable or
patent errors, provided that the motion is under oath and filed within
ten (10) calendar days from receipt of the order, resolution, or
decision, with proof of service that a copy of the same has been
furnished, within the aforesaid reglementary period, the adverse party
and provided further, that only one such motion shall be entertained.Subject to the provisions of Section 3, Rules IX of these Rules,
motions for reconsideration of an order, resolution, or decision of a
Division shall be resolved by the Division of origin.
RULE XI
Execution
SECTION 1. Issuance of Writ — (a) Execution
shall issue upon an order, resolution or decision that finally disposes
of the action or proceedings after the parties have been furnished with
copies of the decision in accordance with these Rules and after the
expiration of the period of appeal if no appeal has been duly perfected.
The Labor Arbiter of origin, shall, motu proprio or upon motion of any
interested party, issue a writ of execution requiring the sheriff or
proper officer to execute the same.(b) During the period of appeal and before an appeal is
perfected, execution may, upon proper motion, also issue where it is
shown by the records of the proceedings that the judgment cannot be
secured unless this is done. The writ may be stayed at the instance of
the losing party by the filing and approval of a supersedes bond in an
amount which is adequate to protect the interests of the prevailing
party.(c) Execution shall, upon proper motion, also issue during
the period of appeal and even during the pendency of an appeal in cases
of decisions ordering the reinstatement of the workers unlawfully
dismissed by reason of an unfair labor practice act of the employer.
Execution of the monetary award in such cases shall not issue during
the period of appeal but if one is issued, by reason of a showing in the
records of the case that judgment cannot be secured unless this is
done, the same may be stayed pending appeal upon filing by the aggrieved
party of a supersedes bond in an adequate amount and the approval
thereof by the issuing authority.(d) Pending appeal, no execution shall issue for the
implementation of an order as decision of a Labor Arbiter except (1) in
decisions ordering the reinstatement of workers unlawfully dismissed by
reason of an unfair labor practice act of the employer, and (2) in the
situation described in paragraph (b) of this Section, but only upon
verified petition and after proper hearing before the Commission or a
hearing officer designated by it for the purpose.SECTION 2. Finality of Decisions of the Commission
— (a) The decisions, resolutions, or orders of the Commission shall
become executory after ten (10) calendar days from receipt of the same.(b) Should there be a motion for reconsideration in
accordance with Section 9, Rule X of these Rules, the decision shall be
executory after ten (10) calendar days from receipt of the resolution on
such motion.(c) The filing of any petition before the Supreme Court
seeking a review of the decision of the Commission shall not stay the
execution of the same unless otherwise ordered by the said court.SECTION 3. Computation — In situations not
covered by Section 15, Rule VII of these Rules, where further
computation of the judgment amount is necessary, no execution shall
issue until after the computation shall have been approved by the Labor
Arbiter after the parties shall have been duly notified and heard
thereon.SECTION 4. Enforcement of Writ — In
executing an order, resolution, or decision, the sheriff or other
officer acting as such, shall be guided strictly by the Sheriff’s Manual
which shall form part of these Rules.
RULE XII
Certified Cases
SECTION 1. Policy and Purpose — It is the
declared policy and purpose of certification of labor disputes for
compulsory arbitration to ensure and maintain industrial peace based on
social justice and national interest by having a full and complete
settlement or adjudication of all the labor disputes between the
parties, as well as issues that are relevant to or incidents of the
certified issues.SECTION 2. Certified Cases Defined — Certified cases are cases certified to the Commission, for compulsory arbitration under Article 264 (g) of the Labor Code.
SECTION 3. Procedure — Upon receipt by the
Commission of the certification order, the Vice-Chairman shall either
personally handle the case or immediately assign the same to one of the
Commissioners for conciliation and/or reception of evidence. For this
purpose, the Vice-Chairman or the assigned Commissioner may, by himself,
conciliate the parties and/or receive the evidence, or designate a
Labor Arbiter to do the same for and in his behalf.After the termination of the proceedings, the Vice-Chairman or the
assigned Commissioner, as the case may be, shall submit a report and
recommendation to the Commission en banc for discussion and appropriate
action.SECTION 4. Period to Resolve — The
Commission en banc shall decide or resolve the certified dispute within
thirty (30) days from the date of the submission of the dispute for
resolution.SECTION 5. Effects of Certification — (a)
Upon certification, the intended or impending strike or lockout is
automatically enjoined. If one has already taken place at the time of
the 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.(b) All cases between the same parties in this Ministry that
are already filed or may be filed that are relevant to or proper
incidents of the certified cases shall be considered subsumed or
absorbed by the certified case and shall be decided by the Commission en
banc.SECTION 6. Nature of Decision — The
Decision of the Commission en banc on the certified case shall be final
and immediately executory unless restrained by proper authorities.SECTION 7. Effects of Defiance —
Non-Compliance with an assumption or certification order of the Minister
of Labor and Employment of a return-to-work order of the Commission
shall be considered an illegal act committed in the course of the strike
or lockout and shall authorize the Minister of Labor and Employment or
the Commission, as the case may be, to impose such sanctions as provided
by law, including but not limited to authorizing the hiring of
replacements for the non-complying workers. In the case of
non-compliance on the part of the employers, the workers reporting for
work shall be entitled to all the benefits under the law, which may
include backwages from the time that the offer to return to work was
made in compliance with the Order.
RULE XIII
Contempt
SECTION 1. Direct Contempt — (a) The
Commission or any Labor Arbiter may summarily adjudge guilty of direct
contempt any person committing, in the presence of or so near the
Chairman or any member of the Commission or any Labor Arbiter as to
obstruct or interrupt the proceedings before the same, any misbehavior,
including disrespect toward others or refusal to be sworn or to answer
as a witness or to subscribe to an affidavit or deposition when lawfully
required to do so. If the offense is committed against the Commission
or any member thereof, the same shall be punished by a fine not
exceeding two hundred (P200.00) pesos or imprisonment not exceeding five
(5) days, or both; and, if the offense is committed against any Labor
Arbiter, the same shall be punished by a fine not exceeding one hundred
(P100.00) pesos or imprisonment not exceeding one (1) day, or both such
fine and imprisonment.(b) Any person adjudged guilty of direct contempt by a Labor
Arbiter may, within a period of five (5) days from notice of the
judgment, appeal the same to the Commission, and the execution of said
judgment shall be suspended pending resolution of the appeal upon the
filing by said person of a bond on condition that he will abide by and
perform the judgment should the appeal be decided against him. A
judgment of the Commission on direct contempt shall be immediately
executory and inappealable.SECTION 2. Indirect Contempt — The Arbiter
may also cite any person for indirect contempt upon grounds and in the
manner prescribed under Rule 71 of the Revised Rules of Court.SECTION 1. Injunction in Ordinary Cases — A
preliminary injunction or a restraining order may be granted by the
Commission pursuant to the provisions of paragraph (e) of Article 218 of
the Labor code, as amended, when it is established on the basis of the
sworn allegations in the petition that the acts complained of, involving
or arising from any case pending before the Commission, may, if not
enjoined forthwith, cause grave or irreparable damage to any of the
parties to the case or render ineffectual any decision in favor of such
party. Should the Commission believe that it is necessary to post a
bond, the writ of preliminary injunction or restraining order shall
become effective only upon fixing and approval of the bond by the
Commission, executed by the applicant or the petitioner to the party
enjoined to answer for the damages that he may suffer from the issuance
of the same if it is finally determined that the petitioner is not
entitled thereto.The foregoing ancillary power may also be exercised by the Labor
Arbiters in cases pending before them in order to preserve the rights of
the parties during the pendency of the case.SECTION 2. Injunction in Strikes or Lockout
— No permanent injunction may be granted by the Commission in cases of
strikes and lockouts against the commission of acts prohibited under
Article 265 of the Labor Code, as amended, except after due notice and
hearing to the parties. During said hearing, the petitioner shall
present evidence to substantiate its allegations and the respondents, to
support its opposition.A preliminary injunction or a restraining order may be granted by
the Commission, in cases of strikes and lockouts, pursuant to the
provisions of paragraph (e) of Article 218 of the Labor Code, as amended
by Batas Pambansa Blg. 227, only when:(a) The petition is properly verified and shows facts entitling the petitioner to the relief demanded;
(b) There is a finding of facts that the respondent or its
agents in the said petition have threatened to commit or have committed
and are continuing to commit any of the prohibited acts enumerated in
Article 265 of the Labor Code, as amended; and(c) There is a hearing which shall be held after due and
personal notice to the respondent. During said hearing, the petitioner
shall present evidence substantiating its sworn allegations and the
relief prayed for, and the respondent shall also be given an opportunity
in a summary manner to present its own evidence by means of
counter-affidavit; Provided, however, that if a petitioner shall also
allege under oath that, unless a temporary restraining order shall be
issued without notice, substantial and irreparable injury to persons or
property will be unavoidable, and the Commission finds that there is an
urgent necessity, such an ex parte restraining order may be issued.Any such ex parte restraining order shall be valid for a period
not exceeding twenty (20) days from its effectivity. During the said
period, the parties shall be required to present evidence to
substantiate their respective positions in the main petition.The Commission, through its Chairman or Vice-Chairman, may
delegate the reception of evidence for the application of a writ of
injunction to any of its Labor Arbiters who shall, conduct such hearings
in such places as may be accessible to the parties and their witnesses
and shall thereafter submit his recommendations to the Commission for
further disposition.No ex parte restraining order shall be issued under this Section,
except on condition that the petitioner shall post a bond in an amount
to be fixed by the Commission sufficient to recompense those enjoined
for any loss, expense, or damage caused by the improvident or erroneous
issuance of such order or injunction.SECTION 3. Effects of Defiance — In case of
non-compliance with an order or resolution of the Commission enjoining
the commission of illegal acts as provided in Section 2 of this Rule,
the Commission shall impose such legal sanctions as may be necessary
under the circumstances and issue such orders as may be necessary to
implement the said order or resolution, including the deputization of
the police authorities having jurisdiction over the area for the purpose
of enforcing the same.
RULE XV
Commission Records and Powers and Duties of Commission Officials
SECTION 1. The Executive Director — Subject
to the direct supervision of the Vice-Chairman, the Executive Director
of the Commission shall serve as Secretary to the Commission. His
office shall be open regularly during business hours on all working
days.All pleadings and papers required or authorized to be filed in the
Commission shall be filed in the office of the Executive Director,
except in cases where the matter, question, or controversy before the
Commission is being heard elsewhere, in which case such pleadings or
papers may be filed in the office of the Labor Arbiter commissioned to
hear the same.SECTION 2. Access to Commission Records —
All official records of the Commission shall be open to the public
during regular office hours, except those kept by it in the nature of
confidential reports, records, or communications which cannot be
divulged without violating private rights or prejudicing the public
interest.SECTION 3. Custody of Seal and Books of the Commission
— The Executive Director shall have and keep in his care the Seal of
Commission, together with all the books necessary for the recording of
the proceedings of the Commission, including the records, files, and
exhibits.SECTION 4. Commission Calendar, etc. — The
Executive Director shall prepare the calendar of hearings and sessions
of the Commission and of its Divisions, attend by himself or his
deputies or assistants the sessions thereof and enter the proceedings in
a Minutes Book.He shall receive and file all pleadings and other papers or
documents presented, indicating thereon the date and time they were
filed.He shall also take charge of the service of the orders, decisions,
resolutions, subpoenas and other processes issued by the Commission. He
shall certify the date and hour of promulgation of any order, decision,
or resolution, as well as the manner in which the parties were notified
thereof.SECTION 5. General Docket — The Executive
Director shall keep a General Docket for the Commission, each page of
which shall be numbered and prepared for receiving all the entries in a
single page, and shall enter therein all original and appealed cases
before it, numbered consecutively in the order in which they were
received and, under the heading of each case, the date and hour of each
pleading filed, of each order, decision, or resolution entered, and of
each other step or action taken in the case; so that, by reference to
any single page, the history of the case may be known.SECTION 6. Decision, Resolution, and Order Book
— The Executive Director shall keep a Book compiling copies of each
order, resolution, and decision issued by the Commission in the order of
their dates of promulgation, and a Book of Entries of Orders,
Resolutions, and Decisions containing in chronological order the entries
of all final orders, resolutions, and decisions of the Commission.SECTION 7. Issuance of Certified Copies —
Unless otherwise restricted by Section 2 hereof, the Executive Director
shall prepare, for any person asking for the same, a certified copy,
under the Seal of the Commission, of any paper, record, decision,
resolution, order, or entry by and in his office proper, to be
certified, after payment of the standard fees to the Commission duly
receipted for; Provided, that a pauper litigant, as defined by law,
shall be exempted from paying any fee for certified copies of any
document, including transcripts of stenographic notes.SECTION 8. Other Functions — The Executive
Director shall keep such other books and perform such other duties as
the Commission, the Chairman, or the Vice-Chairman may direct.SECTION 9. Power to Administer Oath — The
Chairman, Vice-Chairman, and Members of the Commission, the Executive
Director, the Assistant Executive Director, the Executive Labor Arbiter,
the Labor Arbiter, the Secretaries to the Divisions, and other persons
designated or commissioned by the Chairman or Vice-Chairman of the
Commission to hear or investigate cases or disputes shall have the power
to administer oath on all matters or proceedings related to the
performance of their duties.
RULE XVI
Effectivity
SECTION 1. Effectivity — These Rules shall
take effect fifteen (15) days after the announcement of their adoption
and promulgation in newspapers of general circulation.
Adopted: 5 Nov. 1986
|
( Sgd .) AUGUSTO S. SANCHEZ
Chairman |
( Sgd.) DIEGO P. ATIENZA |
|
( Sgd .) EDNA BONTO-PEREZ
Commissioner |
( Sgd.) CONRADO B. MAGLAYA
Commissioner |
|
( Sgd .) DANIEL M. LUCAS
Commissioner |
( Sgd.) ROSARIO GARCIA-ENCARNACION
Commissioner |
|
(Sgd.) MIRASOL VINEGRA-CORLETO
Commissioner |
|