SYLLABUS LABOR RELATIONS LAW Main Sources: Constitution of the Philippines Labor Code (Book V and VI) and

its Implementing Rules and Regulations Recommended Textbook: NONE. But, you may use any labor law textbook and reviewers. (Azucena, Chan, Alcantara, Poquiz, Veloso, Abad, Duka etc.) Other Assigned Readings SPECIAL LAWS/RULES/ORDERS/CIRCULARS RELATED TO LABOR RELATIONS Department Order No. 40-03 dated February 2003. Amending the Implementing Rules of Book V. Implementing Rules of Book VI and Book VII. The 2011 NLRC Rules of Procedure The NLRC Manual on Execution of Judgment (As Amended by Resolution No. 02-02, Series of 2002) NCMB Manual of Procedures Primer on Strike, Picketing and Lockout SEnA: Single Entry Approach Rules of Procedure of SEnA Policy Instruction No. 40 re: Dispute Settlement in the Broadcast Industry Memorandum Circular No. 3-08 series of 2003, re: effects of an order placing a company under rehabilitation by a management committee or receiver Memorandum Circular No. 5-01 policy guidelines on awards of separation pay in lieu of reinstatement May 25, 2006 Memorandum Circular No. 4-01-A series of 2001, Guidelines on Awarding Moral and Exemplary damages. Department Order No. 19 series of 1993, Guidelines Governing the Employment of workers in the construction industry Department Order No. 14 Series of 2001, Guidelines in the employment and working conditions of security guards and similar personnel in the private security industry Labor Inspection Procedure, Sections 3 and 4 of the Basic Labor Inspection Manual, Revised 2003 Edition issued by the DOLE MIDTERMS: January 14, 2013 (50%, includes recitation, quizzes and midterms exam) FINALS: March 11, 2013 (50% includes recitation, quizzes and finals exam) EXAMINATION TYPE: 20%- MCQ; 80%- Essay Type REQUIREMENTS: Submit size index card with complete name, address, contact number, email address, work, if any, and your position. Place at the topmost right side portion of the index card your 1x1 picture. Recitation every meeting. MAXIMUM ABSENCES: Three (3) only. Otherwise, you will be considered automatically DROPPED in Labor Relations except if the last absence is due to illness which incapacitates or renders impossible the student to come to class on that day and provided that he gives a Medical Certificate. PREPARE A POSITION PAPER/REPLY BASED ON A PROBLEM TO BE GIVEN (MIDTERMS REQUIREMENT BEFORE TAKING THE EXAMS) HANDWRITTEN DIGEST OF ALL CASES ASSIGNED TO BE PLACED IN A RECORD BOOK.

JURISDICTION AND PROCEDURE (PART I) A. Labor Arbiter Relevant provisions: Art. 217, 124, 128 (b), 129, 233, 241, 247 LC, Sec. 10. RA 8042 as amended by RA No. 10022; 2011 NLRC Rules of Procedure 1. Labor Dispute defined- Citibank vs. Court of Appeals, Nov. 27, 1998 2. Labor Disputes, not subject to barangay conciliation Montoya v. Escayo, G.R. No. 82211-12, March 21, 1989, 171 SCRA 442 3. Test: E-ER Relationship, pre-requisite for exercise of jurisdiction a. Francisco vs NLRC, August 21, 2006 b. Sonza vs. ABS-CBN Broadcasting Corp, June 10, 2004 c. Javier vs. Flyace Corp, February 15, 2012 4. SSS authority to determine E-ER Republic vs. Asiapro Cooperative, G.R. No. 172101, Nov 27, 2007 5. Nature of jurisdiction of Labor Arbiter, ORIGINAL and EXCLUSIVE 6. Cases cognizable by Labor Arbiter (Art 217 and Rule V, Section 1, 2011 NLRC Rules) cases involving all workers, whether agricultural or non-agricultural: a) Unfair labor practice cases; -both er and labor org. (enumerate) Art. 247; 248; 249; 261; 263(c) b) Termination disputes; Cases: Atlas v. NLRC, J. Dela Pena, November 18, 2002 Perpetual Help v. Faburada, October 08, 2001 (members/owners cooperative) Austria v. NLRC, August 16, 1999 (pastor 7th day adventist) Department of Foreign Affairs and ADB vs. NLRC, September 18, 1996 7. Other labor officials who may take cognizance of termination disputes. a. voluntary arbitrators under 261 and 262 Case: Negros Metal Corp v. Lamayo, G.R. No. 186557, August 25, 2010. b. DOLE Sec in national interest case under Art. 263 G c. NLRC, in national interest cases certified for compulsory arbitration by DOLE Sec under 263 g d. Termination is not grievable issue. Navarro III vs. Damasco, G.R. No. 101875, July 14, 1995; Negros Metal Corp vs Lamayo, G.R. No. 186557, August 25, 2010. c. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; f)Except claims for employees compensation not included in the next succeeding paragraph, social security, medicare, and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;

Money claims under Article 128 (b), LC Visitorial and enforcement powers of DOLE SEC. Note, RD has jurisdiction over cases arising from inspection except where employer contests the findings of Labor inspector and raises issues with documentary proofs. The contested cases is under L.A. Requisites: Rizal Security and Protective Servicesm Inc. Hon. Maraan, G.R. No. 124915, February 18, 2008 Ex-Bataan Veterans Security Agency, Inc v The Secretary of Labor Laguesma, G.R. No. 152396, Nov. 20, 1997. d) Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations; 1. Memorandum Circular No. 4-01-A series of 2001, Guidelines on Awarding Moral and Exemplary damages. 2. Labor arbiter have jurisdiction over claims for damages (Primero vs IAC, G.R. No, L-72644, December 14, 1987) 3. Claims for damages of OFWs. Section 10, RA 8042. e) Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions involving the legality of strikes and lockouts; 1. Exceptions: 2. Jurisdiction over strikes or lockouts affecting national interest. 3. Assumption of Jurisdiction 263 (G) or to Certify to the NLRC for compulsory arbitration, 4. Voluntary arbitration of strike or lockout cases may be done at any stage thereof. (Art 263 h) 5. Jurisdiction over prohibited activities committed during strikes or lockouts 6. Jurisdiction over criminal cases arising from strikes or lockouts. g) Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6727; h) Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended; i) Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages as provided by Section 10 of RA 8042, as amended by RA 10022; and 1. Cases of OFWs under Section 10, RA 8042 as amended by RA 10022 a. Arising out of e-er b. Arising by virtue of any law c. Arising from a contract involving Filipino workers deployment d. Claims for actual moral and exemplary damages

for

overseas

2. Jurisdiction of LA and NLRC as to a tourist employee hired in Singapore but worked for PNB Singapore Branch (PNB vs. Florence O. Cabansag, G.R. No. 157010, June 21, 2005 3. Jurisdiction over money claims of OFWs even without emp. Contract Santiago v. CF Sharp Crew Mgmt. Inc, G.R. No. 162419, July 10, 2007. 4. Jurisdiction even the case is filed by the heirs of OFWs Medline Management, Inc vs. Roslinda, G.R. No. 168715, Sept. 15, 2010

j) Other cases as may be provided by law. As provided by jurisprudence LA may or may not have jurisdiction on the following: 1. Termination of corporate officers and their monetary claims a. New doctrine: Corporate officers refer only to those mentioned in the Corporation code and the by-laws; all other officers are not so mentioned are deemed employees. b. The status of an employee who rose from the rank as director and stockholder does not automatically convert his dismissal into an intracorporate dispute CASES: Matling Industrial and Commercial Corp vs. Coros, G.R. No 157802, October 13, 2010. Locsin vs. Nissan Lease Phils, Inc. G.R. No. 185567m October 20, 2010. c. Elements to determine whether a dispute is an intra-corporate controversy or not: a. the status or relationship of the parties, b. The nature of the question that is the subject of their controversy. Prudential Bank and Trust Company vs. Reyes, G.R. No. 141093, February 20, 2001 d. A corporate officer may also be an employee whose dismissal may vest jurisdiction on the LA. Rural Bank of Coron (Palawan) Inc. vs. Cortes, G.R. No. 164888, December 6, 2006. e. Transfer of jurisdiction from SEC to Regular Courts under RA 8799, (Securities Regulation Code) f. Claims for benefits and damages in intra-corporate cases are cognizable by Regular courts. 2. Issues involving GOCCs Feliciano vs Commission on Audit, G.R. No. 147402, January 14, 2004 a. Jurisdiction over dismissal of employee for offenses committed while employed by a GOCC but discovered after it was privatized. Luzviminda Ang vs. PNB, G.R. No. 178762, June 16, 2010. Casino Labor Association vs Court of Appeals: GOCCs PAGCOR, Phil. Casino Operators Corp, and Phil Special Services Corp. (Original Charter, hence CSC) Postigo vs Philippine Tuberculosis Society, Inc, G.R. No. 155146, January 24, 2006. Camporedondo vs NLRC and Phil National Red Cross, GOCC with own charter G.R. No. 129049, August 6, 1999 Trade union of the Philippines and allied services, vs National Housing Corporation, G.R> No. 49677, May 4, 1989 Hugo vs. LRTA, G.R. NO. 181866, March 18, 2010 3. Issues involving alien party Pakistan International Airlines Corp vs Ople, G.R. No. 61954, September 28, 1990 4. Cases involving entities immune from suit SEAFDEC vs Acosta, G.R. No.s 97468-70, Sept. 2, 1993 Department of Foreign Affairs vs NLRC, G.R. No, 113191, September 16, 1996. Jusmag PHils vs. NLRC, G.R. NO. 108813, Dec, 15, 1994 (foreign government)

Estoppel does not confer jurisdiction over an immune entity 5. Application of the doctrine of forum non conveniens Pacific Consultants International Asia, Inc. v. Schonfeld, G.R. No. 166920, February 19, 2007. Manila Hotel Corp v. NLRC, G.R. No 120077, October 13, 2000 Philippine National Bank v. Cabansag, G.R. No, 157010, June 21, 2005 6. Cases involving priests and ministers Austria v. Hon. NLRC and Cebu City Central Philippines Union Misson Corporation of the Seventh day Adventist, G.R. No. 124382. August 16, 1999 Ecclesiastical affair? 7. Effect of rehabilitation receivership on jurisdiction in labor cases a. Who has jurisdiction? b. Effect on jurisdiction? c. Coverage of suspension? d. Effect of final decisions during the period of rehabilitation and suspension? e. Duration of stay? f. Memorandum Circular No. 3-08 series of 2003, re: effects of an order placing a company under rehabilitation by a management committee or receiver g. Rubberworld (Phils) v. NLRC, G.R. No. 126773, April 14, 1999. h. Remedy of labourers? 8. Enforcement of labor standards laws a. Jurisdiction? b. Dole Regional Directors/Secretary of Labor c. Labor Inspection Procedure, Sections 3 and 4 of the Basic Labor Inspection Manual, Revised 2003 Edition issued by the DOLE d. No forum shopping if employees, during the pendency of the case under Art. 128 are dismissed and subsequently filed an illegal dismissal case with the Labor Arbiter e. Consolidated Broadcasting System, Inc. v. OBerio, G.R. No. 168424, June 8, 2007 9. Claims of domestic or househelpers under Art. 129 of the Labor Code a. LAs jurisdiction for claims of DH amounting to more than 5,000 or with claim or reinstatement. b. New Kasambahay Law 10. Wage distortion cases (124) a. In organized establishments b. In unorganized establishments c. Wage distortion disputes made subject of notice of strike or lockout. 11. Enforcement of compromise agreements a. LA have jurisdiction over the enforcement of compromise agreement when there is no compliance by any of the parties under Art. 227 now Art. 233 12. Issues cognizable by grievance machinery or voluntary arbitration a. Original and exclusive jurisdiction of grievance machinery or voluntary arbitrators b. Failure to observe grievance procedure, effect. c. Central Pangasinan Electric Cooperative, Inc. vs Macaraeg, G.R. No, 145800, January 22, 2003

13.

a. b. c. d.

Issues involving cooperatives Members of cooperatives are not employees (RA 6938) LA have jurisdiction over illegal dismissal cases of employees of coop. Perpetual Help Credit Cooperative, Inc. vs. Faburada, G.R. No. 121948, October 8, 2001. San Miguel Corp. vs Semillano, G.R. No. 164257, July 5, 2010 Issues involving local water utilities districts

14.

a. Jurisdiction? b. Tanjay Water vs. Gabaton, G.R. No, 63742 and 84300, april 17, 1989 (Local Water Districts) c. Zamboanga City Water vs Buat, G.R. No. 104389, May 27, 94, exception 15. Quasi delict or tort cases Tolosa vs. NLRC, G.R. No. 149578, April 10, 2010

16. Criminal and civil liabilities arising from violations of Art. 241 under courts. a. Art. 247, civil aspect of ULP with damages, attorneys fees with L.A. 17. Claims or counter-claims of employers against employees a. Banez v Valdevilla, G.R. No. 128024, May 9, 2000, 331 SCRA 584 b. Domondon vs NLRC, G.R. No. 154376, Sept. 30, 2005, 471 SCRA 559 c. Philippine Rural Reconstruction Movement v. Pulgar, G.R. No. 169227, July 5, 2010 18. Constitutionality of CBA provisions a. Halaguena vs PAL, G.R. No. 172013, Oct. 2, 2009 b. Georg Grotjahn GMBH & Co. Vs Isnani, G.R. No. 109272, August 10, 1994

19. Tax deductions from benefits due an employee, cognizable by LA as money claims a. Santos vs Servier Philippines, Inc., G.R. No. 166377, November 28, 2008. 20. Issuance by RTC of Writ of Habeas data in relation to a labor case a. MERALCO v. Lim, G.R. No. 184769, October 5, 2010.

21. Claims or disputes arisinf from Social Legislations: for employees compensation, SSS, PHilhealth and maternity benefits. a. ECC Claims: Arts. 180-182;201 Amended EC Rules, Rules 18-19 b. RA 8282, Sec. 5 c. RA 8291, Secs. 28-33 22. Violation of training agreements 23. Claim for liquidated damages for breach of contractual obligation, including the liability of suretship 24. Sale of property being levied on execution having done in bad faith

25. Injunction filed by a third party withe the regular cour against the sheriff who is enforcing the decision in a labor case 26. Action filed by employer against employee for sum of money and damages for cost of repair jobs made on employees persona car as well for the purchase price of parts and vehicles 27. Claims for commissions and reimbursements filed by independent contractors 28. Violations of labor laws which are penal in nature. 29. Insolvency proceedings in the enforcement of the workers preference ordained under Art. 110 of the LC. 30. Administrative action against the license or holder of authority cognizable y the POEA could proceed independently from the criminal action 31. Disciplinary action against erring OFWs 32. Review of recruitment violations and other related cases decided by POEA. Appeal. 8. Exceptions to the original and exclusive jurisdiction of Labor Arbiter 1. DOLE Sec or Pres. under Art. 263 (g) 2. NLRC under compulsory arbitration certified by DOLE SEC under 263 (g) 3. Parties agree to submit case to voluntary arbitration under Art 261 and 262 who has original and exclusive jurisdiction to hear and decide mutually submitted to them for arbitration and adjudication 4. Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration, as may be provided in said agreements. (Rule V, Sec. 1, 2011 NLRC) 9. Reasonable Causal Connection Rule (Labor Arbiter vs. Regular Courts) RTC Jurisdiction CBA - Halaguena vs PAL, October 2, 2009 Independent Contractor (money claims) - Sonza vs. ABS CBN Managing Associate of a Health care business (money claims) - Consulta vs Court of Appeals, G.R. No. 145443, March 18, 2004 (action for damages but based on e-er )Banez vs. Valdevilla, May 9, 2000 Pepsi Cola Distribute Phils vs. Galang, September 24, 1991 10. 2011 NLRC RULES OF PROCEDURE

a. Reinstatement aspect of LAs decision is self-executory or immediately executory even pending appeal. b. 2 options of the employer c. Effect of self-executing order of reinstatement on backwages if employer does not reinstate Garcia vs. PAL, G.R. No. 164856, January 20, 2009 (Garcia Doctrine) Aboc vs Metrobank G.R. No. 170542-43, December 13, 2010. Lansangan vs Amkor Technology Phils. G.R. No. 177026, January 30, 2009

C Alcantara and Sons, Inc. vs CA. G.R. No. 155109, September 29, 2010 d. Requirements to perfect appeal to NLRC 1. Appeal? 2. MR to LAs decision not allowed 3. MR Treated as appeal 4. Millenium Erectors Corporatiom v Magallanes, G.R> No. 184362, Nov. 15, 2010 5. Petition for relief treated as appeal 6. New Pacific Timber and Supply Co., vs. NLRC, G.R. No. 124224, March 17, 2000 7. Grounds for appeal to the NLRC? 8. Certiorari Power of the NLRC (prima facie evidence of abuse of discretion by LA ) 9. Requirements to perfect an appeal? 10. Effect of perfection of appeal? 11. Perfection of appeal, mandatory and jurisdictional 12. Reglementary period to perfect the appeal? When start? 13. Effect of failure to appeal with the 10 day period? 14. Other principles on appeal? 15. Motion for extension of time, is it allowed? 16. Reglementary period of appeal from decisions of DOLE Regional Directors under Art. 129 of the LC 17. Appeal fee 18. Payment of appeal docket fee both mandatory and jurisdictional 19. Appeal bond, required when there is monetary award. 20. Motion to reduce bond? 21. Memorandum of appeal, requirements, principles, 22. Proof of service to adverse party PROCEEDINGS BEFORE THE LABOR ARBITER THE 2011 NLRC RULES OF PROCEDURE BASIS: RULE I TITLE AND CONSTRUCTION SECTION 1. TITLE OF THE RULES. SECTION 2. CONSTRUCTION. SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF COURT. RULE III PLEADINGS, NOTICES AND APPEARANCES SECTION 1. COMPLAINT. SECTION 2. CAPTION AND TITLE. SECTION 3. FILING AND SERVICE OF PLEADINGS. SECTION 4. SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. SECTION 5. PROOF AND COMPLETENESS OF SERVICE. SECTION 6. APPEARANCES. SECTION 7. AUTHORITY TO BIND PARTY.RULE IV VENUE, ASSIGNMENT AND DISPOSITION OF CASES AT THE REGIONAL ARBITRATION BRANCH SECTION 1. VENUE. SECTION 2. RAFFLE AND ASSIGNMENT OF CASES.

SECTION 3. CONSOLIDATION OF CASES AND COMPLAINTS. SECTION 4. DISPOSITION OF CASES.. RULE V PROCEEDINGS BEFORE LABOR ARBITERS SECTION 1. JURISDICTION OF LABOR ARBITERS. SECTION 2. NATURE OF PROCEEDINGS. SECTION 3. ISSUANCE OF SUMMONS. SECTION 4. SERVICE OF SUMMONS. SECTION 5. PROHIBITED PLEADINGS AND MOTIONS. SECTION 6. MOTION TO DISMISS. SECTION 7. EFFECT OF FAILURE TO FILE. SECTION 8. MANDATORY CONCILIATION AND MEDIATION CONFERENCE. SECTION 9. EFFECT OF FAILURE OF SETTLEMENT.. SECTION 10. NON-APPEARANCE OF PARTIES. SECTION 11. SUBMISSION OF POSITION PAPER AND REPLY. SECTION 12. DETERMINATION OF NECESSITY OF HEARING OR CLARIFICATORY CONFERENCE. SECTION 13. ROLE OF THE LABOR ARBITER IN HEARING AND CLARIFICATORY CONFERENCE. SECTION 14. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF HEARINGS AND CLARIFICATORY CONFERENCES. SECTION 15. SUBMISSION OF THE CASE FOR DECISION. SECTION 16. INHIBITION. SECTION 17. PERIOD TO DECIDE CASE. SECTION 18. CONTENTS OF DECISIONS. SECTION 19. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. (a) Finality of the Decision or Order of the Labor Arbiter. (b) Certificate of Finality. SECTION 20. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE and LIFTING OF WAIVER. RULE VI APPEALS SECTION 1. PERIODS OF APPEAL. SECTION 2. GROUNDS. SECTION 3. WHERE FILED. SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. SECTION 5. APPEAL FEE. SECTION 6. BOND. SECTION 7. RECORDS OF CASE ON APPEAL. SECTION 8. TRANSMITTAL OF RECORDS OF CASE ON APPEAL. SECTION 9. FILING OF APPEAL; EFFECT. SECTION 10. FRIVOLOUS OR DILATORY APPEALS. SECTION 11. APPEALS FROM DECISION OF OTHER AGENCIES. RULE VII PROCEEDINGS BEFORE THE COMMISSION SECTION 1. JURISDICTION OF THE COMMISSION. . SECTION 2. COMPOSITION AND INTERNAL FUNCTIONS OF THE COMMISSION EN BANC AND ITS DIVISIONS. - a) Composition. b) Commission En Banc. c) Divisions. d) Headquarters. SECTION 3. THE CHAIRMAN. SECTION 4. COMMISSION EN BANC SESSION, QUORUM AND VOTE. b) Quorum. d) Role of Chairman in the Division. SECTION 5. CONSULTATION. SECTION 6. DISSENTING OPINION.

SECTION 7. INHIBITION. -. SECTION 8. ABSTENTION. SECTION 9. CONSOLIDATION OF CASES. SECTION 10. TECHNICAL RULES NOT BINDING. SECTION 11. CONCILIATION AND MEDIATION. SECTION 12. ROLE OF THE LABOR ARBITER ASSIGNED TO THE COMMISSION. SECTION 13. FORM OF DECISION, RESOLUTION AND ORDER. SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND ENTRY OF JUDGMENT. - a) Finality of the Decisions, Resolutions or Orders of the Commission. b) Entry of Judgment. SECTION 15. MOTIONS FOR RECONSIDERATION RULE VIII CERTIFIED CASES SECTION 1. POLICY. -. SECTION 2. CERTIFIED LABOR DISPUTES. SECTION 3. EFFECTS OF CERTIFICATION. SECTION 4. EFFECTS OF DEFIANCE. SECTION 5. PROCEDURE IN CERTIFIED CASES. SECTION 6. EXECUTION OF JUDGMENT IN CERTIFIED CASE. RULE IX CONTEMPT SECTION 1. DIRECT CONTEMPT. SECTION 2. INDIRECT CONTEMPT.. A. Where charge to be filed.B. How proceedings commenced.C. Hearing.-. D. Punishment for indirect contempt.RULE X INJUNCTION SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. SECTION 2. INJUNCTION IN STRIKES OR LOCKOUTS. SECTION 3. HEARING; NOTICE THEREOF. SECTION 4. RECEPTION OF EVIDENCE; DELEGATION. SECTION 5. OCULAR INSPECTION. -. SECTION 6. TEMPORARY RESTRAINING ORDER; REQUISITES. SECTION 7. CASH BOND. SECTION 8. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER. SECTION 9. EFFECTS OF DEFIANCE. SECTION 10. ORDINARY REMEDY IN LAW OR IN EQUITY. RULE XI EXECUTION PROCEEDINGS SECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER. SECTION 2. EXECUTION BY MOTION OR BY INDEPENDENT ACTION.. SECTION 3. EFFECT OF PERFECTION OF APPEAL ON EXECUTION. SECTION 4. EFFECT OF PETITION FOR CERTIORARI ON EXECUTION. SECTION 5. PRE-EXECUTION CONFERENCE. SECTION 6. ISSUANCE, CONTENTS AND EFFECTIVITY OF A WRIT OF EXECUTION. SECTION 7. ENFORCEMENT OF WRIT OF EXECUTION. SECTION 8. MANNER OF EXECUTION OF MONETARY JUDGMENT. SECTION 9. EXECUTION OF REINSTATEMENT PENDING APPEAL. SECTION 10. RESOLUTION OF MOTION TO QUASH.. SECTION 11. THIRD PARTY CLAIM.. b) Where filed c) Effect of Filing. d) Proceedings. SECTION 12. SHERIFF'S RETURN AND REPORT.. SECTION 13. DESIGNATION OF SPECIAL SHERIFFS SECTION 14. EFFECT OF REVERSAL OF EXECUTED JUDGMENT.. RULE XII EXTRAORDINARY REMEDIES (n)

SECTION 1. VERIFIED PETITION.. SECTION 2. GROUNDS. SECTION 3. WHEN AND WHERE FILED.. SECTION 4. REQUISITES OF THE PETITION.. SECTION 5. THE PUBLIC AND PRIVATE RESPONDENTS IMPLEADED IN THE PETITION. SECTION 6. SERVICE AND FILING OF PLEADINGS.. SECTION 7. ANSWER TO THE PETITION.. SECTION 8. OPPOSITION TO THE INJUNCTIVE RELIEF; WHEN FILED.. SECTION 9. EFFECT OF FILING OF PETITION.. SECTION 10. VERIFIED APPLICATION, ISSUANCE OF TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION; BOND:. SECTION 11. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER OR WRIT OF PRELIMINARY INJUNCTION. SECTION 12. EFFECT OF INJUNCTION.. SECTION 13. RESOLUTION OF PETITION.. SECTION 14. RECOVERY FROM THE INJUNCTION BOND.. SECTION 15. NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR ARBITER ARISING FROM EXECUTION PROCEEDINGS OR OTHER INCIDENTS.. RULE XV EFFECTIVITY SECTION 1. EFFECTIVITY. - These Rules shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation. Signed this 31st day of May 2011 at Davao City, Philippines.