14. 2011 NLRC REVISED RULES OF PROCEDURE AS AMENDED BY NLRC EN BANC RES.

NO. 11-12, S. 2012, AND FURTHER AMENDED BY NLRC EN BANC RES. NO 05-14, S.
2014, PUBLISHED ON MAY 30, 2014
14. 1 Complaint; Cause of Action; Real parties in
interest; Amendment of complaint; suppletory
application of the Rules of Court
Rule 3, SECTION 1, NLRC RULES OF PROCEDURE.
COMPLAINT. - a) A complaint or petition is a
pleading alleging the cause or causes of action of
the complainant or petitioner. The names and
addresses of all complainants or petitioners and
respondents must be stated in the complaint or
petition. It shall be signed under oath by the
complainant or petitioner, with a declaration of
non- forum shopping. b) A party having more than
one cause of action against the other party, arising
out of the same relationship, shall include all of
them in one complaint or petition.
Contents:
1. Names and addresses of all complainants or
petitioners
2. Names and addresses of the respondents
3. It must be signed under oath by the
complainants or petitioners
4. With a certificate of non-forum shopping
Where to file?
Appropriate docketing unit of the Regional
Arbitration Branch or the Commission.
CAUSE OF ACTION
Rule 2, Section 2. Rules of Court. Cause of action,
defined. A cause of action is the act or omission
by which a party violates a right of another.
REAL PARTIES IN INTEREST
Rule 3, Section 2. Rules of Court. Parties in interest.
A real party in interest is the party who stands to
be benefited or injured by the judgment in the suit,
or the party entitled to the avails of the suit. Unless
otherwise authorized by law or these Rules, every
action must be prosecuted or defended in the name
of the real party in interest.
AMENDMENT OF COMPLAINT
Section 11, Rule V. NLRC En Banc Re. No. 11-12. An
amended complaint or petition may be filed before
the Labor Arbiter at any time before the filing of
position paper, with proof of service of a copy
thereof to the opposing party/ies. If the amendment
of the complaint or petition involves impleading
additional respondent/s, service of another

summons in accordance with Section 3 hereof is

necessary to acquire jurisdiction over the person of
said respondent/s.
SUPPLETORY APPLICATION OF THE RULES OF
COURT
RULE 1, SECTION 3. NLRC RULES OF PROCEDURE.
SUPPLETORY APPLICATION OF THE RULES OF
COURT. - In the absence of any applicable provision
in these Rules, and in order to effectuate the
objectives of the Labor Code, the pertinent
provisions of the Rules of Court of the Philippines
may, in the interest of expeditious dispensation of
labor justice and whenever practicable and
convenient, be applied by analogy or in a
suppletory character and effect.
14.2 SERVICE OF SUMMONS; NATURAL AND JURIDICAL; RAFFLE & ASSIGNMENT OF
CASES
(egy)
14. 3 APPEARANCES OF LAWYERS & NON LAWYERS ; AUTHORITY TO BIND PARTY
Appearance of lawyers
- the lawyer is presumed to be properly authorized for that purpose
- the lawyer must indicate in his pleadings and motions his:
1. Attorneys roll number
2. PTR
3. IBP numbers for the current year
4. MCLE compliance
Non-lawyers
-can appear only in the following instances:
1. He represents himself as party to the case
2. He represents a LLO which is a party to the case
3. He represents a member or members of a LLO that is existing within the employers
establishment, who are parties to the case
4. He is duly-accredited member of any Legal aid office recognized by the DOJ and IBP
5. He is the owner, president or authorized person of a corporation or estbalishment which is
a party to the case
-requirements:
1. The complete name and office address of counsel or authorized representative shall be made of
record
2. The adverse party or his counsel or authorized representative shall be properly notified
- appearance may be made orally or in writing.
*Authority to bind party
- GR: Counsel or other authorized representatives of parties shall have authority to bind their
clients in all matters of procedure.
-XPN: Compromise agreement with the opposing party in full or partial discharge of a clients
claim.
14. 4. VENUE & JURISDICTION (ART. 129 & 217); MONEY CLAIMS OF OFW; ASSUMPTION
OF JURISDICTION BY THE SEC. OF LABOR
Article 129. Recovery of wages, simple money claims and other benefits. Upon complaint of any
interested party, the Regional Director of the Department of Labor and Employment or any of the
duly authorized hearing officers of the Department is empowered, through summary proceeding

and after due notice, to hear and decide any matter involving the recovery of wages and other
monetary claims and benefits, including legal interest, owing to an employee or person
employed in domestic or household service or househelper under this Code, arising from
employer-employee relations: Provided, That such complaint does not include a claim for
reinstatement: Provided further, That the aggregate money claims of each employee or
househelper does not exceed Five thousand pesos (P5,000.00). The Regional Director or hearing
officer shall decide or resolve the complaint within thirty (30) calendar days from the date of the
filing of the same. Any sum thus recovered on behalf of any employee or househelper pursuant
to this Article shall be held in a special deposit account by, and shall be paid on order of, the
Secretary of Labor and Employment or the Regional Director directly to the employee or
househelper concerned. Any such sum not paid to the employee or househelper because he
cannot be located after diligent and reasonable effort to locate him within a period of three (3)
years, shall be held as a special fund of the Department of Labor and Employment to be used
exclusively for the amelioration and benefit of workers.
Any decision or resolution of the Regional Director
or hearing officer pursuant to this provision may be
appealed on the same grounds provided in Article
223 of this Code, within five (5) calendar days from
receipt of a copy of said decision or resolution, to
the National Labor Relations Commission which
shall resolve the appeal within ten (10) calendar
days from the submission of the last pleading
required or allowed under its rules.
The Secretary of Labor and Employment or his duly
authorized representative may supervise the
payment of unpaid wages and other monetary
claims and benefits, including legal interest, found
owing to any employee or househelper under this
Code. (As amended by Section 2, Republic Act No.
6715, March 21, 1989)
Article 217. Jurisdiction of the Labor Arbiters and the Commission.
Except as otherwise provided under this Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of
the case by the parties for decision without extension, even in the absence of stenographic
notes, the following cases involving all workers, whether agricultural or non-agricultural:Unfair
labor practice cases;termination disputes; 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;Claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations; Cases arising from any violation of Article 264 of
this Code, including questions involving the legality of strikes and lockouts; and
Except claims for Employees Compensation, 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) regardless of
whether accompanied with a claim for reinstatement.
The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor
Arbiters.
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. (As amended by Section 9, Republic Act No.
6715, March 21, 1989)
RULE V
PROCEEDINGS BEFORE LABOR ARBITERS
SECTION 1. JURISDICTION OF LABOR ARBITERS.
Labor Arbiters 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) Termination disputes;
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;
d) Claims for actual, moral, exemplary and other forms of damages arising from employeremployee relations;
e) Cases arising from any violation of Article 264 of the Labor Code, as amended, including
questions involving the legality of strikes and lockouts;
f)Except claims for employees compensation not included in the next succeeding paragraph,
social security, medicare, and maternity benefits, all other claims arising from employeremployee 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;
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
j) Other cases as may be provided by law. 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.
Article 128. Visitorial and enforcement power.
The Secretary of Labor and Employment or his duly
authorized representatives, including labor
regulation officers, shall have access to employers
records and premises at any time of the day or
night whenever work is being undertaken therein,
and the right to copy therefrom, to question any
employee and investigate any fact, condition or
matter which may be necessary to determine
violations or which may aid in the enforcement of
this Code and of any labor law, wage order or rules
and regulations issued pursuant thereto.
Notwithstanding the provisions of Articles 129 and
217 of this Code to the contrary, and in cases
where the relationship of employer-employee still
exists, the Secretary of Labor and Employment or
his duly authorized representatives shall have the

power to issue compliance orders to give effect to

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

after appropriate administrative investigation, be

subject to summary dismissal from the service.
The Secretary of Labor and Employment may, by
appropriate regulations, require employers to keep
and maintain such employment records as may be
necessary in aid of his visitorial and enforcement
powers under this Code.
14. 5 GROUNDS TO DISMISS COMPLAINT; PRESCRIPTION OF MONEY CLAIMS ( ART
291); PROHIBITED PLEADINGS & MOTIONS
Grounds to Dismiss Complaint
Section 6. Motion to Dismiss
Before the date set for the mandatory conciliation and mediation conference, the respondent
may file a motion to dismiss on grounds provided under section 5, paragraph (a) hereof. Such
motion shall be acted upon by the labor arbiter before the issuance of an order requiring the
submission of position paper. An order denying the motion to dismiss, or suspending its
resolution until the final determination of the case, is not appealable.
Sec 5. Prohibited pleading and motions
The following pleadings and motions shall not be allowed and acted upon nor elevated to the
commission:
a. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject
matter, improper venue, res judicata, prescription and forum shopping;
b. Motion for a bill of particulars
c. Motion for new trial
d. Petition for relief from judgment
e. Motion to declare respondent in default
f. Motion for reconsideration of any decision or any order of the labor arbiter
g. Appeal from any interlocutory order of the labor arbiter, such as but not limited to, an order:
Denying a motion to dismiss
Denying a motion to inhibit
Denying a motion for issuance of writ of execution or
Denying a motion to quash writ of execution
h. Appeal from the issuance of a certificate of finality of decision by the labor arbiter
i. Appeal from orders issued by the labor arbiter in the course of execution proceedings
j. Such other pleadings, motions and petitions of similar nature intended to circumvent above
provisions.
Art 291. Prescription of Money Claims
ART. 291. Money claims. - All money claims arising from employer-employee relations accruing
during the effectivity of this Code shall be filed within three (3) years from the time the cause of
action accrued; otherwise they shall be forever barred.
All money claims accruing prior to the effectivity of this Code shall be filed with the appropriate
entities established under this Code within one (1) year from the date of effectivity, and shall be
processed or determined in accordance with the implementing rules and regulations of the Code;
otherwise, they shall be forever barred.
Workmens compensation claims accruing prior to the effectivity of this Code and during the
period from November 1, 1974 up to December 31, 1974, shall be filed with the appropriate
regional offices of the Department of Labor not later than March 31, 1975; otherwise, they shall
forever be barred. The claims shall be processed and adjudicated in accordance with the law and
rules at the time their causes of action accrued.

14.6 CONCILIATION & MEDIATION CONFERENCE; REP. ACT NO 10396

REPUBLIC ACT NO. 10396
AN ACT STRENGTHENING CONCILIATION-MEDIATION AS A VOLUNTARY MODE OF
DISPUTE SETTLEMENT FOR ALL LABOR CASES, AMENDING FOR THIS PURPOSE ARTICLE
228 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. A new article is hereby inserted in the Labor Code to read as follows:
ART. 228. Mandatory Conciliation and Endorsement of Cases. - (a) Except as provided in
Title VIIA, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and
Employment, all issues arising from labor and employment shall he subject to mandatory
conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has
jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly
authorized officer.
(b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation
proceedings and request referral or endorsement to the appropriate DOLE agency or office which
has jurisdiction over the dispute or if both parties so agree, refer the unresolved issues to
voluntary arbitration.
SEC. 2. Implementing Rules and Regulations. - The Secretary of Labor and Employment shall
promulgate the necessary rules and regulations to implement the provisions of this Act.
SEC. 3. Repealing Clause. - Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, and all other acts, laws, presidential Issuances, rules and
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of national circulation.
14.7 COMPROMISE BEFORE REGIONAL DIRECTOR ( ART. 277) & LABOR ARBITER (ART
2028,
CIVIL
CODE)
Art. 227. Compromise agreements. Any compromise settlement, including those involving
labor standard laws, voluntarily agreed upon by the parties with the assistance of the Bureau or
the regional office of the Department of Labor, shall be final and binding upon the parties. The
National Labor Relations Commission or any court, shall not assume jurisdiction over issues
involved therein except in case of non-compliance thereof or if there is prima facie evidence that
the
settlement
was
obtained
through
fraud,
misrepresentation,
or
coercion.
Art. 2028, Civil Code. A compromise is a contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already commenced.
14.8 SUBMISSION OF POSITION
CLARIFICATORY CONFERENCE

PAPER;

CONTENTS

OF

POSITION

PAPER;

(IRAH)
14.9 QUANTUM OF EVIDENCE & BURDEN OF PROOF; TECHNICAL RULES OF PROCEDURE
( ART 221)
Art. 221. Technical rules not binding and prior resort to amicable settlement. In any
proceeding before the Commission or any of the Labor Arbiters, the rules of evidence prevailing
in courts of law or equity shall not be controlling and it is
the spirit and intention of this Code that the Commission and its members and the Labor Arbiters
shall use every and all reasonable means to ascertain the facts in each case speedily and
objectively and without regard to technicalities of law or procedure, all in the interest of due
process. In any proceeding before the Commission or any Labor Arbiter, the parties may be
represented by legal counsel but it shall be the duty of the Chairman, any Presiding
Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the
proceedings at all stages. Any provision of law to the contrary notwithstanding, the Labor Arbiter

shall exert all efforts towards the amicable settlement of a labor dispute within his jurisdiction on
or before the first hearing. The same rule shall apply to the Commission in the exercise of its
original jurisdiction.
14.10. APPEAL PROCEDURE ( ART 223) ; APPEAL FEE & POSTING OF BOND; FRIVOLOUS
OR DILATORY APPEALS
APPEAL
Art. 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are final and executory
unless appealed to the Commission by any or both parties within ten (10) calendar days from
receipt of such decisions, awards, or orders. Such appeal may be entertained only on any of the
following grounds:
1. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
2. If the decision, order or award was secured through fraud or coercion, including graft and
corruption;
3. If made purely on questions of law; and
4. If serious errors in the findings of facts are raised which would cause grave or irreparable
damage or injury to the appellant.
In case of a judgment involving a monetary award, an appeal by the employer may be perfected
only upon the posting of a cash or surety bond issued by a reputable bonding company duly
accredited by the Commission in the amount equivalent to the monetary award in the judgment
appealed from.
In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending
appeal. The employee shall either be admitted back to work under the same terms and
conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely
reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for
reinstatement provided herein.
To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall impose
reasonable penalty, including fines or censures, upon the erring parties.
In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party
who shall file an answer not later than ten (10) calendar days from receipt thereof.
The Commission shall decide all cases within twenty (20) calendar days from receipt of the
answer of the appellee. The decision of the Commission shall be final and executory after ten
(10) calendar days from receipt thereof by the parties.
Any law enforcement agency may be deputized by the Secretary of Labor and Employment or
the Commission in the enforcement of decisions, awards or orders. (As amended by Section 12,
Republic Act No. 6715, March 21, 1989)
(NLRC REVISED RULES OF PROCEDURE)
SECTION 5. APPEAL FEE. The appellant shall pay the prevailing appeal fee and legal research
fee to the Regional Arbitration Branch or Regional Office of origin, and the official receipt of such
payment shall form part of the records of the case. (5a)
SECTION 6. BOND. In case the decision of the Labor Arbiter or the Regional Director involves
a monetary award, an appeal by the employer may be perfected only upon the posting of a
bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to
the monetary award, exclusive of damages and attorneys fees. In case of surety bond, the same
shall be issued by a reputable bonding company duly accredited by the Commission or the
Supreme Court, and shall be accompanied by original or certified true copies of the following: (a)
a joint declaration under oath by the employer, his/her counsel, and the bonding company,
attesting that the bond posted is genuine, and shall be in effect until final disposition of the case;
(b) an indemnity agreement between the employer-appellant and bonding company; (c) proof of
security deposit or collateral securing the bond: provided, that a check shall not be considered as

an acceptable security; (d) a certificate of authority from the Insurance Commission; (e)
certificate of registration from the Securities and Exchange Commission; (f) certificate of
accreditation and authority from the Supreme Court; and (g) notarized board resolution or
secretarys certificate from the bonding company showing its authorized signatories and their
specimen signatures. The Commission through the Chairman may on justifiable grounds blacklist
a bonding company, notwithstanding its accreditation by the Supreme Court. A cash or surety
bond shall be valid and effective from the date of deposit or posting, until the case is finally
decided, resolved or terminated, or the award satisfied. This condition shall be deemed
incorporated in the terms and conditions of the surety bond, and shall be binding on the
appellants and the bonding company. The appellant shall furnish the appellee with a certified
true copy of the said surety bond with all the above-mentioned supporting documents. The
appellee shall verify the regularity and genuineness thereof and immediately report any
irregularity to the Commission. Upon verification by the Commission that the bond is irregular or
not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the
responsible parties and their counsels, or subject them to reasonable fine or penalty, and the
bonding company may be blacklisted. No motion to reduce bond shall be entertained except on
meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to
the monetary award. The mere filing of a motion to reduce bond without complying with the
requisites in the preceding paragraphs shall not stop the running of the period to perfect an
appeal. (6a)
SECTION 10. FRIVOLOUS OR DILATORY APPEALS. No appeal from an interlocutory order
shall be entertained. To discourage frivolous or dilatory appeals, including those taken from
interlocutory orders, the Commission after hearing may censure or cite in contempt the erring
parties and their counsels, or subject them to reasonable fine or penalty.
14. 11. NLRC; COMPOSITION, POWERS AND FUNCTIONS
ART. 220 [213].1 NATIONAL LABOR RELATIONS
COMMISSION
There shall be a National Labor Relations
Commission which shall be attached to the
Department of Labor and Employment solely for
program and policy coordination only, composed of
a
Chairman
and
twenty-three
(23) members.
Eight (8) members each shall be chosen only from
among the nominees of the workers and employers
organizations, respectively. The Chairman and the
seven (7) remaining members shall come from the
public sector, with the latter to be chosen
preferably from among the incumbent labor
arbiters.
Upon assumption into office, the members
nominated by the workers and employers
organizations shall divest themselves of any
affiliation with or interest in the federation or
association to which they belong.

The Commission may sit en banc or in eight (8)

divisions,2 each composed of three (3) members.
The Commission shall sit en banc only for purposes
of promulgating rules and regulations governing
the hearing and disposition of cases before any of
its divisions and regional branches and formulating
policies affecting its administration and operations.
The Commission shall exercise its adjudicatory and
all other powers, functions, and duties through its
divisions. Of the eight (8) divisions, the first,
second, third, fourth, fifth and sixth divisions shall
handle cases coming from the National Capital
Region and other parts of Luzon: and the seventh
and eighth divisions, cases from the Visayas and
Mindanao,
respectively; Provided, That
the
Commission sitting en banc may, on temporary or
emergency basis, allow cases within the jurisdiction
of any division to be heard and decided by any
other division whose docket allows the additional
workload and such transfer will not expose litigants
to unnecessary additional expense. The divisions of
the Commission shall have exclusive appellate
jurisdiction over cases within their respective
territorial jurisdiction. (As amended by RA. No. 7700
[May 1, 1994] and R.A. No. 9347, effective August
26, 2006.)
The concurrence of two (2) Commissioners of a
division shall be necessary for the pronouncement
of a judgment or resolution. Whenever the required
membership in a division is not complete and the
concurrence of two (2) Commissioners to arrive at a
judgment or resolution cannot be obtained, the
Chairman shall designate such number of
additional Commissioners from the other divisions
as may be necessary.
The conclusions of a division on any case submitted
to it for decision shall be reached in consultation
before the case is assigned to a member for the
writing of the opinion. It shall be mandatory for the
division to meet for purposes of the consultation
ordained herein. A certification to this effect signed
by the Presiding Commissioner of the division shall
be issued, and a copy thereof attached to the
record of the case and served upon the parties.
The Chairman shall be the Presiding Commissioner
of the first division, and the seven (7) other

members from the public sector shall be the

Presiding Commissioners of the second, third,
fourth, fifth, sixth, seventh and eighth divisions,
respectively. In case of the effective absence or
incapacity of the Chairman, the Presiding
Commissioner of the second division shall be the
Acting Chairman.
The Chairman, aided by the Executive Clerk of the
Commission, shall have exclusive administrative
supervision over the Commission and its regional
branches and all its personnel, including the Labor
Arbiters.
The Commission, when sitting en banc, shall be
assisted by the same Executive Clerk, and, when
acting thru its Divisions, by said Executive Clerk for
its first division and seven (7) other Deputy
Executive Clerks for the second, third, fourth, fifth,
sixth, seventh, and eighth Divisions, respectively, in
the performance of such similar or equivalent
functions and duties as are discharged by the Clerk
of Court and Deputy Clerks of Court of the Court of
Appeals.
The Commission and its eight (8) divisions shall be
assisted by the Commission Attorneys in its
Appellate and adjudicatory functions whose terms
shall be coterminous with the Commissioners with
whom they are assigned. The Commission
Attorneys shall be members of the Philippine Bar
with at least one (1) year experience or exposure in
the field of labor management relations. They shall
receive annual salaries and shall be entitled to the
same allowances and benefits as those falling
under Salary Grade twenty-six (SG 26). There shall
be as many Commission Attorneys as may be
necessary for the effective and efficient operations
of the Commission but in no case more than three
(3) assigned to the Office of the Chairman and each
Commissioner.
No Labor Arbiter shall be assigned to perform the
functions of the Commission Attorney nor detailed
to the office of any commissioner.
ART. 225 [218]. POWERS OF THE COMMISSION
The Commission shall have the power and
authority:

(a) To promulgate rules and regulations governing

the hearing and disposition of cases before it and
its regional branches, as well as those pertaining to
its internal functions and such rules and regulations
as may be necessary to carry out the purposes of
this Code; (As amended by Section 10, Republic Act
No. 6715, March 21, 1989).
(b) To administer oaths, summon the parties to a
controversy, issue subpoenas requiring the
attendance and testimony of witnesses or the
production of such books, papers, contracts,
records, statement of accounts, agreements, and
others as may be material to a just determination
of the matter under investigation, and to testify in
any investigation or hearing conducted in
pursuance of this Code;
(c) To conduct investigation for the determination of
a question, matter or controversy within its
jurisdiction, proceed to hear and determine the
disputes in the absence of any party thereto who
has been summoned or served with notice to
appear, conduct its proceedings or any part thereof
in public or in private, adjourn its hearings to any
time and place, refer technical matters or accounts
to an expert and to accept his report as evidence
after hearing of the parties upon due notice, direct
parties to be joined in or excluded from the
proceedings, correct, amend, or waive any error,
defect or irregularity whether in substance or in
form, give all such directions as it may deem
necessary or expedient in the determination of the
dispute before it, and dismiss any matter or refrain
from further hearing or from determining the
dispute or part thereof, where it is trivial or where
further proceedings by the Commission are not
necessary or desirable; and
(d) To hold any person in contempt directly or
indirectly and impose appropriate penalties
therefor in accordance with law.
A person guilty of misbehavior 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,
including disrespect toward said officials, offensive
personalities toward others, or refusal to be sworn,
or to answer as a witness or to subscribe an
affidavit or deposition when lawfully required to do
so, may be summarily adjudged in direct contempt
by said officials and punished by fine not exceeding

five hundred pesos (P500) or imprisonment not

exceeding five (5) days, or both, if it be the
Commission, or a member thereof, or by a fine not
exceeding one hundred pesos (P100) or
imprisonment not exceeding one (1) day, or both, if
it be a Labor Arbiter.
The person adjudged in direct contempt by a Labor
Arbiter may appeal to the Commission and the
execution of the judgment shall be suspended
pending the resolution of the appeal upon the filing
by such person of a bond on condition that he will
abide by and perform the judgment of the
Commission should the appeal be decided against
him. Judgment of the Commission on direct
contempt is immediately executory and
unappealable. Indirect contempt shall be dealt with
by the Commission or Labor Arbiter in the manner
prescribed under Rule 71 of the Revised Rules of
Court; and (As amended by Section 10, Republic
Act No. 6715, March 21, 1989).
(e) To enjoin or restrain any actual or threatened
commission of any or all prohibited or unlawful acts
or to require the performance of a particular act in
any labor dispute which, if not restrained or
performed forthwith, may cause grave or
irreparable damage to any party or render
ineffectual any decision in favor of such party:
Provided, That no temporary or permanent
injunction in any case involving or growing out of a
labor dispute as defined in this Code shall be issued
except after hearing the testimony of witnesses,
with opportunity for cross-examination, in support
of the allegations of a complaint made under oath,
and testimony in opposition thereto, if offered, and
only after a finding of fact by the Commission, to
the effect:
(1) That prohibited or unlawful acts have been
threatened and will be committed and will be
continued unless restrained, but no injunction or
temporary restraining order shall be issued on
account of any threat, prohibited or unlawful act,
except against the person or persons, association
or organization making the threat or committing
the prohibited or unlawful act or actually
authorizing or ratifying the same after actual
knowledge thereof;
(2) That substantial and irreparable injury to
complainants property will follow;
(3) That as to each item of relief to be granted,

greater injury will be inflicted upon complainant by

the denial of relief than will be inflicted upon
defendants by the granting of relief;
(4) That complainant has no adequate remedy at
law; and
(5) That the public officers charged with the duty to
protect complainants property are unable or
unwilling to furnish adequate protection.

Such hearing shall be held after due and personal

notice thereof has been served, in such manner as
the Commission shall direct, to all known persons
against whom relief is sought, and also to the Chief
Executive and other public officials of the province
or city within which the unlawful acts have been
threatened or committed, charged with the duty to
protect complainants property: Provided, however,
that if a complainant shall also allege that, unless a
temporary restraining order shall be issued without
notice, a substantial and irreparable injury to
complainants property will be unavoidable, such a
temporary restraining order may be issued upon
testimony under oath, sufficient, if sustained, to
justify the Commission in issuing a temporary
injunction upon hearing after notice. Such a
temporary restraining order shall be effective for no
longer than twenty (20) days and shall become
void at the expiration of said twenty (20) days. No
such temporary restraining order or temporary
injunction shall be issued except on condition that
complainant shall first file an undertaking with
adequate security 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, including all reasonable costs,
together with a reasonable attorneys fee, and
expense of defense against the order or against the
granting of any injunctive relief sought in the same
proceeding and subsequently denied by the
Commission.
The undertaking herein mentioned shall be
understood to constitute an agreement entered into
by the complainant and the surety upon which an
order may be rendered in the same suit or
proceeding against said complainant and surety,
upon a hearing to assess damages, of which
hearing, complainant and surety shall have

reasonable notice, the said complainant and surety

submitting themselves to the jurisdiction of the
Commission for that purpose. But nothing herein
contained shall deprive any party having a claim or
cause of action under or upon such undertaking
from electing to pursue his ordinary remedy by suit
at law or in equity: Provided, further, That the
reception of evidence for the application of a writ of
injunction may be delegated by the Commission to
any of its Labor Arbiters who shall conduct such
hearings in such places as he may determine to be
accessible to the parties and their witnesses and
shall submit thereafter his recommendation to the
Commission. (As amended by Section 10, Republic
Act No. 6715, March 21, 1989).
POWERS OF THE COMMISSION
1.1 Rule-Making Power
The Commission has the power to promulgate rules
and regulations:
a) governing the hearing and disposition of cases
before it and its regional branches;
b) pertaining to its internal functions; and
c) those that may be necessary to carry out the
purposes of this Code.
It is an elementary rule in administrative law that
administrative regulations and policies enacted by
administrative bodies, such as the Revised Rules of
the NLRC, to interpret the law which they are
entrusted to enforce, have the force of law, and are
entitled to great respect.
1.2 Power to Issue Compulsory Processes
The Commission has the power to:
a) administer oaths;
b) summon parties; and
c) issue subpoenas ad testificandum and duces
tecum.
1.3 Power to Investigate and Hear Disputes
within its Jurisdiction
The Commission has the power to:

a) conduct investigation for the determination of a question, matter or controversy within

its
jurisdiction;
and
b) proceed to hear and determine the disputes in the manner laid down under paragraph
(c)
of
Art.
218.

1.4 Contempt Power

Contempt is defined as a disobedience to the Court
by setting up an opposition to its authority, justice
and dignity. It signifies not only a willful disregard
or disobedience of the court's orders but such
conduct as tends to bring the authority of the court
and the administration of law into disrepute or in
some manner to impede the due administration of
justice.
1.5 Power to Conduct Ocular Inspection
Under
Article
219,
the
Chairman,
Commissioner, Labor Arbiter or their
authorized representatives, may, at any
during working hours:

any
duly
time

a) conduct an ocular inspection on any

establishment, building, ship or vessel, place or
premises, including any work, material, implement,
machinery, appliance or any object therein; and
b) ask any employee, laborer, or any person, as
then case may be, for any information or data
concerning any matter or question relative to the
object of the investigation.
1.6 Adjudicatory Power: Original
The NLRC has original jurisdiction over petitions for
injunction or temporary restraining order under Art.
218(e). Also, it has original jurisdiction to hear and
decide National Interest cases certified to it by
the Secretary of Labor under Art. 263(g).
1.7 Adjudicatory Power: Appellate
The NLRC has exclusive appellate jurisdiction over
all cases decided by labor arbiters (Art. 217[b]) and
the DOLE regional director or hearing officers under
Art. 129.
The NLRC has no appellate jurisdiction over
decisions rendered by (1) a voluntary arbitrator, or

(2) the secretary of labor, or (3) the bureau of labor

relations director on cases appealed from the DOLE
regional offices. The decisions of these three offices
are appealable rather to the Court of Appeals.
Where the labor arbiter has no jurisdiction or has
not acquired jurisdiction, neither has the NLRC. Its
jurisdiction over cases under Art. 217(a) is
appellate, not original.
1.8 Power To Issue Injunction Or Temporary
Restraining Order
The NLRC has injunction power or, simply, the
power to command that an act be done or not
done.
The action for injunction is distinct from the
ancillary remedy of preliminary injunction which
cannot exist except only as part or an incident of an
independent action or proceeding.
A writ of preliminary injunction is generally based
solely on initial and incomplete evidence.
14. 12 CONTEMPT
Contempt is defined as a disobedience to the Court
by setting up an opposition to its authority, justice
and dignity. It signifies not only a willful disregard
or disobedience of the court's orders but such
conduct as tends to bring the authority of the court
and the administration of law into disrepute or in
some manner to impede the due administration of
justice.
14. 13 INJUNCTION; TEMPORARY RESTRAINING ORDER
(BANA)
14. 14 FINALITY OF NLRC AND LABOR ARBITER S DECISION & EXECUTION OF MONEY
JUDGMENT; PRE EXECUTION CONFERENCE; QUASHAL OF WRIT OF EXECUTION & THIRD
PARTY CLAIMS
FINALITY OF NLRC & LABOR ARBITERS DECISION
SECTION 14. FINALITY OF DECISION OF THE
COMMISSION AND ENTRY OF JUDGMENT. - a)
Finality of the Decisions, Resolutions or
Orders of the Commission. - Except as provided

in Section 9 of Rule X, the decisions, resolutions or

orders of the Commission shall become final and
executory after ten (10) calendar days from receipt
thereof by the counsel or authorized representative
or the parties if not assisted by counsel or
representative.
b) Entry of Judgment. - Upon the expiration of the
ten (10) calendar day period provided in paragraph
(a) of this Section, the decision, resolution, or order
shall be entered in a book of entries of judgment.
In the absence of return cards, certifications from
the post office or the courier or other proofs of
service to the parties, the Executive Clerk or
Deputy Executive Clerk shall consider the decision,
resolution or order as final and executory after sixty
(60) calendar days from date of mailing.
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. - If no appeal is filed with the Commission
within the time provided under Article 223 of the
Labor Code, as amended, and Section 1, Rule VI of
these Rules, the decision or order of the Labor
Arbiter shall become final and executory after ten
(10) calendar days from receipt thereof by the
counsel or authorized representative or the parties
if not assisted by counsel or representative.
(b) Certificate of Finality. - Upon expiration of the
period provided in paragraph (a) of this Section, the
Labor Arbiter shall issue a certificate of finality.
In the absence of return cards, certifications from
the post office or courier or other proofs of service
to the parties, the Labor Arbiter may issue a
certificate of finality after sixty (60) calendar days
from date of mailing. (n)
EXECUTION OF MONETARY JUDGEMENT
SECTION 8. MANNER OF EXECUTION OF
MONETARY JUDGMENT.
a) Immediate payment on demand. - The Sheriff
shall enforce a monetary judgment by demanding
the immediate payment of the full amount stated in
the writ of execution and all legal fees from the
losing party or any other person required by law to
obey the same.

b) In the event of failure or refusal of the losing

party to pay the judgment award, the Sheriff shall
immediately proceed against the cash deposit or
surety bond posted by the losing party, if any;
c) If the bonding company refuses to pay or the
bank holding the cash deposit of the losing party
refuses to release the garnished amount despite
the order or pertinent processes issued by the
Labor Arbiter or the Commission, the president or
the responsible officers or authorized
representatives of the said bonding company or the
bank who resisted or caused the non- compliance
shall be either cited for contempt, or held liable for
resistance and disobedience to a person in
authority or the agents of such person as provided
under the pertinent provision of the Revised Penal
Code. This rule shall likewise apply to any person or
party who unlawfully resists or refuses to comply
with the break open order issued by the Labor
Arbiter or the Commission.
For this purpose, the Labor Arbiter or the
Commission may issue an order directing the
sheriff to request the assistance of law enforcement
agencies to ensure compliance with the writ of
execution, orders or processes.
A bonding company cited for contempt, or for an
offense defined and punishable under the pertinent
provision of the Revised Penal Code shall be barred
from transacting business with the Commission.
d) Should the cash deposit or surety bond be
insufficient, or in case the surety bond cannot be
proceeded against for any reason, the Sheriff shall,
within five (5) days from demand, execute the
monetary judgment by garnishing bank deposits,
credits, receivables, and other personal property
not capable of manual delivery, if the same is not
enough, proceed to levy the personal property of
the losing party, and if still insufficient, against the
real property not exempt from execution, sufficient
to cover the judgment award, which may be
disposed of for value at a public auction to the
highest bidder.
e) Proceeds of execution shall be deposited with
the Cashier of the concerned Division or Regional
Arbitration Branch, or with an authorized depositary
bank. Where payment is made in the form of a
check, the same shall be payable to the
Commission.
f) For monetary judgment on cases involving

overseas Filipino workers, the manner of execution

shall be in accordance with Republic Act No. 10022.
(5a)
PRE-EXECUTION CONFERENCE
SECTION 5. PRE- EXECUTION CONFERENCE. Within two (2) working days from receipt of a
motion for the issuance of a writ of execution which
shall be accompanied by a computation of a
judgment award, if necessary, the Commission or
the Labor Arbiter may schedule a pre- execution
conference to thresh out matters relevant to
execution including the final computation of
monetary award. The pre- execution conference
shall not exceed fifteen (15) calendar days from the
initial schedule, unless the parties agreed to an
extension.
Any order issued by the Labor Arbiter in the preexecution conference is not appealable, subject to
the remedies available under Rule XII. (2a)
QUASHAL OF WRIT OF EXECUTION
SECTION 10. RESOLUTION OF MOTION TO
QUASH. A motion to quash shall be resolved by
the Labor Arbiter within ten (10) working days from
submission of said motion for resolution. The mere
filing of a motion to quash shall not stay execution
proceedings. (11a)
THIRD PARTY CLAIMS
SECTION 11. THIRD PARTY CLAIM. a) If the
property levied is claimed by any person other than
the losing party, such person may file a third party
claim not later than five (5) days from the last day
of posting or publication of the notice of execution
sale, otherwise the claim shall be forever barred.
Such third party claim must comply with the
following requirements:
(1) An affidavit stating title to property or right to
the possession thereof with supporting evidence;
(2) Posting of a bond equivalent to the amount of
the claim or judgment award, whichever is lower;
and
(3) Payment of prevailing filing fee.
b) Where filed - The third party claim shall be filed
with the Commission or Labor Arbiter where the
execution proceeding is pending, with proof of
service of copies thereof to the Sheriff and the
prevailing party.

c) Effect of Filing. - The filing of a third party claim

that has complied with the requirements set forth
under paragraph (a) of this Section shall
automatically suspend the proceedings with
respect to the execution of the properties subject of
the third party claim.
Upon approval of the bond, the Labor Arbiter shall
issue an order releasing the levied property or a
part thereof subject of the claim unless the
prevailing party posts a counter bond in an amount
not less than the value of the levied property.
The Labor Arbiter may require the posting of
additional bond upon showing by the other party
that the bond is insufficient.
d) Proceedings. The propriety of the third party
claim shall be resolved within ten (10) working days
from submission of the claim for resolution. The
decision of the Labor Arbiter is not appealable but
may be elevated to the Commission and resolved in
accordance with Rule XII hereof. Pending resolution
thereof, execution shall proceed against all other
properties not subject of the third party claim. (12a)
14. 15 CERTIFIED CASES; EFFECTS
(Egy)
14. 16 EXTRAORDINARY REMEDIES
Extraordinary remedies
-Verified petition - a party aggrieved by any order or resolution of the Labor Arbiter including
those issued during execution proceedings may file a verified petition to annul or modify such
order or resolution. The petition may be accomplished by an application for the issuance of a
temporary restraining order and or writ of preliminary or permanent injunction to enjoin the
Labor Arbiter, or any person acting under his/her authority to desist from enforcing said
resolution or order.
-Writ of preliminary injunction- upon the filing of a verified application for injunctive relief,
together with supporting affidavits and documents, the Commission may issue a writ of
preliminary injunction based on any of the applicable grounds provided for in Sec. 3, rule 58 of
the Rules of Court for the preservation of the rights of the parties pending resolution of the
petition. The writ of preliminary injunction shall be effective for a non-extendible period of 60
calendar days from service on the private respondent.
-Temporary restraining order - it shall appear from facts shown by the verified application and
affidavits that great and irreparable damage and or injury would result to the petitioner before
the petition can be resolved. It shall be effective for a non-extendible period of 20 calendar days
from service on the private respondent.
14. 17 SPECIAL CIVIL ACTION (RULE 65, 1997 RULES OF CIVIL PROCEDURE); PETITION
FOR REVIEW; ( RULE 43 AND 45, 1997 RULES OF CIVIL PROCEDURE); REGLEMENTARY
PERIODS
RULE 65

Certiorari, Prohibition and Mandamus

Section 1.Petition for certiorari. When any tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse
of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain,
speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may
file a verified petition in the proper court, alleging the facts with certainty and praying that
judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a
sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule
46. (1a)
Section 2.Petition for prohibition. When the proceedings of any tribunal, corporation, board,
officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without
or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy
in the ordinary course of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be rendered
commanding the respondent to desist from further proceedings in the action or matter specified
therein, or otherwise granting such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified true copy of the judgment, order or
resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto,
and a sworn certification of non-forum shopping as provided in the third paragraph of section 3,
Rule 46. (2a)
Section 3.Petition for mandamus. When any tribunal, corporation, board, officer or person
unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust, or station, or unlawfully excludes another from the use and
enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy
and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty and praying that judgment
be rendered commanding the respondent, immediately or at some other time to be specified by
the court, to do the act required to be done to protect the rights of the petitioner, and to pay the
damages sustained by the petitioner by reason of the wrongful acts of the respondent.
The petition shall also contain a sworn certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46. (3a)
Section 4.When and where petition filed. The petition shall be filed not later than sixty (60)
days from notice of the judgment, order or resolution. In case a motion for reconsideration or
new trial is timely filed, whether such motion is required or not, the sixty (60) day period shall
be counted from notice of the denial of said motion.
The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions of a lower
court or of a corporation, board, officer or person, in the Regional Trial Court exercising
jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the
Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the
Sandiganbayan if it is in aid of its appellate jurisdiction. If it involves the acts or omissions of a
quasi-judicial agency, unless otherwise provided by law or these Rules, the petition shall be filed
in and cognizable only by the Court of Appeals.

No extension of time to file the petition shall be granted except for compelling reason and in no
case exceeding fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998; A.M. No. 00-2-03-SC)
5.Respondents and costs in certain cases. When the petition filed relates to the acts or
omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person,
the petitioner shall join, as private respondent or respondents with such public respondent or
respondents, the person or persons interested in sustaining the proceedings in the court; and it
shall be the duty of such private respondents to appear and defend, both in his or their own
behalf and in behalf of the public respondent or respondents affected by the proceedings, and
the costs awarded in such proceedings in favor of the petitioner shall be against the private
respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the public
respondents shall not appear in or file an answer or comment to the petition or any pleading
therein. If the case is elevated to a higher court by either party, the public respondents shall be
included therein as nominal parties. However, unless otherwise specifically directed by the
court, they shall not appear or participate in the proceedings therein. (5a)
Section 6.Order to comment. If the petition is sufficient in form and substance to justify such
process, the court shall issue an order requiring the respondent or respondents to comment on
the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on
the respondents in such manner as the court may direct together with a copy of the petition and
any annexes thereto.
In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of
section 2, Rule 56, shall be observed. Before giving due course thereto, the court may require
the respondents to file their comment to, and not a motion to dismiss, the petition. Thereafter,
the court may require the filing of a reply and such other responsive or other pleadings as it
may deem necessary and proper. (6a)
Section 7.Expediting proceedings; injunctive relief. The court in which the petition is filed
may issue orders expediting the proceedings, and it may also grant a temporary restraining
order or a writ of preliminary injunction for the preservation of the rights of the parties pending
such proceedings. The petition shall not interrupt the course of the principal case unless a
temporary restraining order or a writ of preliminary injunction has been issued against the
public respondent from further proceeding in the case. (7a)
Section 8.Proceedings after comment is filed. After the comment or other pleadings required
by the court are filed, or the time for the filing thereof has expired, the court may hear the case
or require the parties to submit memoranda. If after such hearing or submission of memoranda
or the expiration of the period for the filing thereof the court finds that the allegations of the
petition are true, it shall render judgment for the relief prayed for or to which the petitioner is
entitled.
The court, however, may dismiss the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to
require consideration. (8a)
Section 9.Service and enforcement of order or judgment. A certified copy of the judgment
rendered in accordance with the last preceding section shall be served upon the court, quasijudicial agency, tribunal, corporation, board, officer or person concerned in such manner as the
court may direct, and disobedience thereto shall be punished as contempt. An execution may
issue for any damages or costs awarded in accordance with section 1 of Rule 39. (9a)

RULE 43
Appeals From the Court of Tax Appeals and
Quasi-Judicial Agencies to the Court of
Appeals
Section 1.Scope. This Rule shall apply to
appeals from judgments or final orders of the Court
of Tax Appeals and from awards, judgments, final
orders or resolutions of or authorized by any quasijudicial agency in the exercise of its quasi-judicial
functions. Among these agencies are the Civil
Service Commission, Central Board of Assessment
Appeals, Securities and Exchange Commission,
Office of the President, Land Registration Authority,
Social Security Commission, Civil Aeronautics
Board, Bureau of Patents, Trademarks and
Technology
Transfer,
National
Electrification
Administration, Energy Regulatory Board, National
Telecommunications Commission, Department of
Agrarian Reform under Republic Act No. 6657,
Government Service Insurance System, Employees
Compensation Commission, Agricultural Invention
Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments,
Construction Industry Arbitration Commission, and
voluntary arbitrators authorized by law. (n)
Section 2.Cases not covered. This Rule shall not
apply to judgments or final orders issued under the
Labor Code of the Philippines. (n)
Section 3.Where to appeal. An appeal under
this Rule may be taken to the Court of Appeals
within the period and in the manner herein
provided, whether the appeal involves questions of
fact, of law, or mixed questions of fact and law. (n)
Section 4.Period of appeal. The appeal shall be
taken within fifteen (15) days from notice of the
award, judgment, final order or resolution, or from
the date of its last publication, if publication is
required by law for its effectivity, or of the denial of
petitioner's motion for new trial or reconsideration
duly filed in accordance with the governing law of
the court or agency a quo. Only one (1) motion for
reconsideration shall be allowed. Upon proper
motion and the payment of the full amount of the
docket fee before the expiration of the
reglementary period, the Court of Appeals may
grant an additional period of fifteen (15) days only
within which to file the petition for review. No
further extension shall be granted except for the

most compelling reason and in no case to exceed

fifteen (15) days. (n)
Section 5.How appeal taken. Appeal shall be
taken by filing a verified petition for review in seven
(7) legible copies with the Court of Appeals, with
proof of service of a copy thereof on the adverse
party and on the court or agency a quo. The
original copy of the petition intended for the Court
of Appeals shall be indicated as such by the
petitioner.
Upon the filing of the petition, the petitioner shall
pay to the clerk of court of the Court of Appeals the
docketing and other lawful fees and deposit the
sum of P500.00 for costs. Exemption from payment
of docketing and other lawful fees and the deposit
for costs may be granted by the Court of Appeals
upon a verified motion setting forth valid grounds
therefor. If the Court of Appeals denies the motion,
the petitioner shall pay the docketing and other
lawful fees and deposit for costs within fifteen (15)
days from notice of the denial. (n)
Section 6.Contents of the petition. The petition
for review shall (a) state the full names of the
parties to the case, without impleading the court or
agencies either as petitioners or respondents; (b)
contain a concise statement of the facts and issues
involved and the grounds relied upon for the
review; (c) be accompanied by a clearly legible
duplicate original or a certified true copy of the
award, judgment, final order or resolution appealed
from, together with certified true copies of such
material portions of the record referred to therein
and other supporting papers; and (d) contain a
sworn certification against forum shopping as
provided in the last paragraph of section 2, Rule 42.
The petition shall state the specific material dates
showing that it was filed within the period fixed
herein. (2a)
Section 7.Effect of failure to comply with
requirements. The failure of the petitioner to
comply with any of the foregoing requirements
regarding the payment of the docket and other
lawful fees, the deposit for costs, proof of service of
the petition, and the contents of and the
documents which should accompany the petition
shall be sufficient ground for the dismissal thereof.
(n)
Section 8.Action on the petition. The Court of
Appeals may require the respondent to file a
comment on the petition not a motion to dismiss,

within ten (10) days from notice, or dismiss the

petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to
require consideration. (6a)
Section 9.Contents of comment. The comment
shall be filed within ten (10) days from notice in
seven (7) legible copies and accompanied by
clearly legible certified true copies of such material
portions of the record referred to therein together
with other supporting papers. The comment shall
(a) point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and (b)
state the reasons why the petition should be denied
or dismissed. A copy thereof shall be served on the
petitioner, and proof of such service shall be filed
with the Court of Appeals. (9a)
Section 10.Due course. If upon the filing of the
comment or such other pleadings or documents as
may be required or allowed by the Court of Appeals
or upon the expiration of the period for the filing
thereof, and on the records the Court of Appeals
finds prima facie that the court or agency
concerned has committed errors of fact or law that
would warrant reversal or modification of the
award, judgment, final order or resolution sought to
be reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same. The findings of
fact of the court or agency concerned, when
supported by substantial evidence, shall be binding
on the Court of Appeals. (n)
Section 11.Transmittal of record. Within fifteen
(15) days from notice that the petition has been
given due course, the Court of Appeals may require
the court or agency concerned to transmit the
original or a legible certified true copy of the entire
record of the proceeding under review. The record
to be transmitted may be abridged by agreement
of all parties to the proceeding. The Court of
Appeals may require or permit subsequent
correction of or addition to the record. (8a)
Section 12.Effect of appeal. The appeal shall
not stay the award, judgment, final order or
resolution sought to be reviewed unless the Court
of Appeals shall direct otherwise upon such terms
as it may deem just. (10a)
Section 13.Submission for decision. If the
petition is given due course, the Court of Appeals
may set the case for oral argument or require the
parties to submit memoranda within a period of

fifteen (15) days from notice. The case shall be

deemed submitted for decision upon the filing of
the last pleading or memorandum required by
these Rules or by the court of Appeals. (n)
RULE 45
Appeal by Certiorari to the Supreme Court
Section 1.Filing of petition with Supreme Court. A party desiring to appeal by certiorari from
a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional
Trial Court or other courts whenever authorized by law, may file with the Supreme Court a
verified petition for review oncertiorari. The petition shall raise only questions of law which must
be distinctly set forth. (1a, 2a)
Section 2.Time for filing; extension. The petition shall be filed within fifteen (15) days from
notice of the judgment or final order or resolution appealed from, or of the denial of the
petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment.
On motion duly filed and served, with full payment of the docket and other lawful fees and the
deposit for costs before the expiration of the reglementary period, the Supreme Court may for
justifiable reasons grant an extension of thirty (30) days only within which to file the petition.
(1a, 5a)
Section 3.Docket and other lawful fees; proof of service of petition. Unless he has
theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to
the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time
of the filing of the petition. Proof of service of a copy, thereof on the lower court concerned and
on the adverse party shall be submitted together with the petition. (1a)
Section 4.Contents of petition. The petition shall be filed in eighteen (18) copies, with the
original copy intended for the court being indicated as such by the petitioner and shall (a) state
the full name of the appealing party as the petitioner and the adverse party as respondent,
without impleading the lower courts or judges thereof either as petitioners or respondents; (b)
indicate the material dates showing when notice of the judgment or final order or resolution
subject thereof was received, when a motion for new trial or reconsideration, if any, was filed
and when notice of the denial thereof was received; (c) set forth concisely a statement of the
matters involved, and the reasons or arguments relied on for the allowance of the petition; (d)
be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment
or final order or resolution certified by the clerk of court of the court a quo and the requisite
number of plain copies thereof, and such material portions of the record as would support the
petition; and (e) contain a sworn certification against forum shopping as provided in the last
paragraph of section 2, Rule 42. (2a)
Section 5.Dismissal or denial of petition. The failure of the petitioner to comply with any of
the foregoing requirements regarding the payment of the docket and other lawful fees, deposit
for costs, proof of service of the petition, and the contents of and the documents which should
accompany the petition shall be sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (3a)
Section 6.Review discretionary. A review is not a matter of right, but of sound judicial
discretion, and will be granted only when there are special and important reasons thereof. The

following, while neither controlling nor fully measuring the court's discretion, indicate the
character of the reasons which will be considered:
(a) When the court a quo has decided a question of substance, not theretofore determined by
the Supreme Court, or has decided it in a way probably not in accord with law or with the
applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of
the power of supervision. (4a)
Section 7.Pleadings and documents that may be required; sanctions. For purposes of
determining whether the petition should bedismissed or denied pursuant to section 5 of this
Rule, or where the petition is given due course under section 8 hereof, the Supreme Court may
require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it may consider appropriate, and
impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings
and documents or non-compliance with the conditions therefor. (n)
Section 8.Due course; elevation of records. If the petition is given due course, the Supreme
Court may require the elevation of the complete record of the case or specified parts thereof
within fifteen (15) days from notice. (2a)
Section 9.Rule applicable to both civil and criminal cases. The mode of appeal prescribed in
this Rule shall be applicable to both civil and criminal cases, except in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment. (n)
14.18 SUPREME COURT PROCEDURE ( RULE 45, CIVIL PROCEDURE)
Rule 45- Appeal by certiorari to the Supreme Court
Section 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from
a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional
Trial Court or other courts whenever authorized by law, may file with the Supreme Court a
verified petition for review on certiorari. The petition shall raise only questions of law which
must be distinctly set forth.
Section 2. Time for filing; extension. The petition shall be filed within fifteen (15) days from
notice of the judgment or final order or resolution appealed from, or of the denial of the
petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment.
On motion duly filed and served, with full payment of the docket and other lawful fees and the
deposit for costs before the expiration of the reglementary period, the Supreme Court may for
justifiable reasons grant an extension of thirty (30) days only within which to file the petition.
Section 5. Dismissal or denial of petition. The failure of the petitioner to comply with any of
the foregoing requirements regarding the payment of the docket and other lawful fees, deposit
for costs, proof of service of the petition, and the contents of and the documents which should
accompany the petition shall be sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration.
Section 6. Review discretionary. A review is not a matter of right, but of sound judicial
discretion, and will be granted only when there are special and important reasons thereof. The

following, while neither controlling nor fully measuring the court's discretion, indicate the
character of the reasons which will be considered:
(a) When the court a quo has decided a question of substance, not theretofore determined by
the Supreme Court, or has decided it in a way probably not in accord with law or with the
applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of
the power of supervision.
14. 19 COMPULSORY ARBITRATION ; DISTINGUISHED FROM VOLUNTARY ARBITRATION;
DOLE DO NO 107-10, S. 2010 ( GUIDELINES ON THE SINGLE ENTRY APPROACH
PRESCRIBING A 30 DAY MANDATORY CONCILIATION MEDIATION SERVICES FOR ALL
LABOR AND EMPLOYMENT AGENCIES) AND DOLE RULES OF PROCEDURE OF THE
SINGLE ENTRY APPROACH , DATED FEB 25, 2011; SEE HOWEVER, RA 10396
( STRENGTHENING CONCILIATION-MEDIATION AS VOLUNTARY MODE OF DISPUTE
SETTLEMENT FOR ALL LABOR CASES, AMENDING ART 228 LABOR CODE)
Compulsory Arbitration distinguished from
voluntary arbitration
Voluntary arbitration has been defined as a
contractual proceeding whereby the parties to any
dispute or controversy, in order to obtain a speedy
and inexpensive final disposition of the matter
involved, select a judge of their own choice and by
consent submit their controversy to him for
determination. Under voluntary arbitration, referral
of a dispute by the parties is made, pursuant to a
voluntary arbitration clause in their collective
agreement, to an impartial third person for a final
and binding resolution.
Ideally, arbitration awards are supposed to be
complied with by both parties without delay, such
that once an award has been rendered by an
arbitrator, nothing is left to be done by both parties
but to comply with the same. After all, they are
presumed to have freely chosen arbitration as the
mode of settlement for that particular dispute.
Pursuant thereto, they have chosen a mutually
acceptable arbitrator who shall hear and decide
their case. Above all, they have mutually agreed to
be bound by said arbitrators decision.
Compulsory arbitration is the process of
settlement of labor disputes by a government
agency (or other means provided by the
government) which has the power to investigate
and make an award binding upon the parties. It is a
system whereby the parties to a dispute are
compelled by the government to forego their right
to strike and are compelled to accept the resolution

of their dispute through arbitration by a third party.

The essence of arbitration remains since a
resolution of a dispute is arrived at by resort to a
disinterested third party whose decision is final and
binding on the parties, but in compulsory
arbitration, such a third party is normally appointed
by the government.
In Philippine context, the judge in voluntary
arbitration is called arbitrator, while that in
compulsory is labor arbiter. The jurisdiction of a VA
is stated in Articles 261 and 262 while that of an LA
is in Article 217.
[REPUBLIC ACT NO. 10396]
AN ACT STRENGTHENING CONCILIATION-MEDIATION AS A VOLUNTARY MODE OF
DISPUTE SETTLEMENT FOR ALL LABOR CASES, AMENDING FOR THIS PURPOSE ARTICLE
228 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. A new article is hereby inserted in the Labor Code to read as follows:
ART. 228. Mandatory Conciliation and Endorsement of Cases. (a) Except as provided in Title VIIA, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and
Employment, all issues arising from labor and employment shall be subject to mandatory
conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has
jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly
authorized officer.
(b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation
proceedings and request referral or endorsement to the appropriate DOLE agency or office which
has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to
voluntary arbitration.
SEC. 2. Implementing Rules and Regulations. The Secretary of Labor and Employment shall
promulgate the necessary rules and regulations to implement the provisions of this Act.
SEC. 3. Repealing Clause. Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, and all other acts, laws, presidential issuances, rules and
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.
SEC. 4. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of national circulation.
(2 Department orders- attached files) pdf