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2011 NLRC RULES OF PROCEDURE FLOWCHART

It shall be signed under oath by No docket fee shall be assessed OFW: filed before the RAB
FILING OF COMPLAINT the complainant or petitioner, in labor standards disputes. (Art having jurisdiction over the
in the Regional Arbitration with a declaration of non- 277[d], LC); Venue: Regional place where the complainant
Branch (Sec 3, Rule 3)
forum shopping. (Sec 1, Rule 3) Arbitration Branch having resides or where the principal
jurisdiction over the workplace office of any of the respondents
of the complainant. (Sec 1, Rule is situated, at the option of the
4) complainant. (Sec 1[e], Rule 4)

RAFFLE AND ASSIGNMENT OF All pleadings and motions


CASES subsequent to the filing of the IF THE COMPLAINT IS DISMISSED:
All complaints shall be You cannot file a MFR or appeal as this is prohibited.
complaint shall be forwarded
immediately raffled by the BASIS:
to the Labor Arbiter before The following pleadings and motions shall not be
Exexcutive Labor Arbiter and
whom the case is pending allowed and acted upon nor elevated to the
assigned to a Labor Arbiter
from receipt thereof. (Sec 2. within twenty-four (24) hours Commission:
Rule 4) from receipt thereof. (Sec 2[c], f) Motion for reconsideration of any decision or any
Rule 4) order of the Labor Arbiter; (Sec 5, Rule 5)

ISSUANCE OF SUMMONS: by
The bailiff shall submit his PURPOSE OF SUMMONS: To
the LA within two (2) days from The summons shall specify the
receipt of a complaint or return within 2 days from date acquire jurisdiction over the
date, time and place of the of service thereof. Return: his person of the respondent.
amended complaint. (Sec 3,
Rule 5) mandatory conciliation and name; names of persons Petitioner is deemed to have
SERVICE OF SUMMONS mediation conference in two served; date of receipt. If no submitted himself to the
be served personally upon the (2) settings. (Sec 3, Rule 5) service was effected, the reason jurisdiction of the LA upon filing
parties by the bailiff within 3
thereof shall be stated in the of the complaint.
days from receipt.
return.
(Sec 4. Rule 5)

MOTION TO DISMISS GROUNDS TO DISMISS(5): Such motion shall be acted IF YOUR MOTION IS DENIED:
COMPLAINT 1) lack of jurisdiction over the You cannot file a Motion for
upon by the Labor Arbiter
When to File: Before the date subject matter Reconsideration or Appeal as
2) improper venue before the issuance of an order
set for the mandatory this is prohibited under Sec 5(f),
conciliation and mediation 3) res judicata, requiring the submission of
Rule5 of the RROC.
conference. (Sec 6, Rule 5) 4) prescription position paper.
5) forum shopping;

A COMPROMISE AGREEMENT NEEDS APPROVAL


MANDATORY CONCILIATION EFFECT OF A COMPROMISE
FROM LA:
AND MEDIATION CONFERENCE: AGREEMENT:
LA shall to explain to the parties, particularly to the
The LA shall personally preside A compromise agreement shall be
complainant, the terms, conditions and consequences
over and take full control of final and binding upon the parties
of such agreement, and if he is satisfied such was
the proceedings and may be and shall have the force and
entered into freely and voluntarily by them, and that it
assisted by the LA Associate. effect of a judgment rendered by
is not contrary to law, morals, and public policy, he
(Sec 8, Rule 5); Within 30 days the Labor Arbiter. (Sec 5d, Rule 5)
shall approved the ComAgr. (Sec 8c, Rule 5)
PURPOSE:
1) amicably settling the case
upon a fair compromise IS A MOTION FOR POSTPONEMENT EFFECT OF FAILURE OF
2) determining the real parties ALLOWED? SETTLEMENT (IN
in interest No motion for postponement shall WHOLE/IN PART):
3) determining the necessity of be entertained except on The LA shall proceed to
amending the complaint and meritorious grounds and when filed the other purposes of
including all causes of action at least three (3) days before the the said conference. (Sec
4) defining and simplifying the scheduled hearing. (Sec 8f, Rule 5) 9, Rule 5)
issues in the case
5) entering into admissions or
stipulations of facts THE NON-APPEARANCE BY THE THE NON-APPEARANCE BY THE RESPONDENT: at the second
6) threshing out all other COMPLAINANT: during the two (2) conference despite being duly served with summons, he shall be
preliminary matters settings for MCMC scheduled in the considered to have waived his/her right to file position paper.
summons, despite due notice LA immediately terminates the MCMC and directs the complainant
thereof, shall be a ground for the to file a verified position paper and submit evidence in support of his
dismissal of the case without causes of action and thereupon render his decision on the basis of
prejudice. (Sec 10, Rule 5) the evidence on record. (Sec 10, Rule 5)

REVIVED? REVIVED?
A party may file a motion to revive At any time after notice thereof and before
or re-open a case dismissed without N N the case is submitted for decision, a party
prejudice, within ten (10) calendar END may file a motion under oath to set aside
days from receipt of notice; the order of waiver upon proper showing
otherwise, the only remedy shall be that his/her failure to appear was due to
to re-file the case. justifiable and meritorious grounds.

Y Y
VERIFIED POSITION PAPER REPLY PP: cover only claims and causes of AMENDMENT OF COMPLAINT
LA directs the parties to submit Reply may be filed by any action stated in the complaint, Filed before the LA at any time
simultaneously their verified party within 10 days including the affidavits of witness- before the filing of position
position papers within 10 from receipt of the es, which shall take the place paper. No amendment of the
calendar days from the date of position paper of the of their direct testimony, excluding complaint is allowed after the
termination of the MCMC. adverse party. (Sec 12d, those that may have been ami- filing of position papers, unless
Rule 5) cably settled. (Sec12c, Rule 5) with leave of the Labor Arbiter.

HEARING/CLARIFICATORY DETERMINATION OF NECESSITY: At the ROLE OF LA IN HEARING/CC: Take full control and person-
CONFERENCE: discretion of LA; He may ask ally conduct the hearing/cc; Asks questions for the purpose
LA shall, motu proprio, clarificatory questions to further elicit of clarifying points of law or facts. Allows the presentation
determine whether there is a facts or information, including but not of testimonial evidence with right of cross-examination by
need for a hearing or limited to the subpoena of relevant the opposing party and shall limit the presentation of
clarificatory conference. documentary evidence, if any, from evidence to matters relevant to the issue before him and
(Sec 13, Rule 5) any party or witness. (Sec 13, Rule 5) necessary for a just and speedy disposition of the case.

WHEN CONDUCTED: DURATION: LA makes a written summary of the


May be conducted Terminated w/n 30 proceedings, including the
immediately after the calendar days from the substance of the evidence presented,
submission by the parties date of the initial in consultation with the parties. The
of their position paper or clarificatory conference. written summary shall
reply. OFW: Not more than 60 be signed by the parties and shall form
(Sec 13, Rule 5) days (includes MCMC) - part of the records. (Sec 14b, Rule 5)
reckoned from the date
of acquisition of
EFFECT OF NON- jurisdiction by the Labor POSTPONEMENT/
APPEARANCE OF Arbiter over the person CONTINUANCE: No
PARTIES: Proceedings of the respondents. postponement or
shall be conducted ex- continuance shall be
parte. Thereafter, the allowed by the Labor
case shall be deemed Arbiter, except upon
submitted for decision. meritorious grounds

SUBMISSION OF THE CASE FOR


DECISION:
1|)Upon submission of the
INHIBITION BY LA:
parties of the PP;
1) Voluntarily inhibit by
2) Lapse of the period to submit
stating the legal justifications;
the same;
2) Upon a motion of a party - CONTENTS OF DECISIONS:
3) Termination of the hearing/
Ground: a) relationship within a) facts of the case;
CC;
the fourth civil degree of b) issues involved;
consanguinity or affinity with c) applicable laws or rules;
the adverse party or counsel; d) conclusions and the reasons
PERIOD TO DECIDE CASE: OFW: b) on question of partiality or therefor; and
LA shall render his/her decision shall be decided within other justifiable grounds; e) specific remedy or relief
within thirty (30) calendar ninety (90) calendar Motion is resolved w/n 5 days. granted. In cases involving
days, w/o extension, after the days after the filing of An order denying or granting monetary awards, the decisions
submission of the case by the the complaint. a motion for inhibition is or orders of the Labor Arbiter
parties for decision, even in the unappealable. shall contain the amount
absence of stenographic notes; awarded.

ABSENCE OF RETURN
FINALITY OF THE DECISION: CARDS, OR OTHER
CERTIFICATE OF FINALITY: IF DECISION INCLUDES AN ORDER OF
Becomes final and executory PROOFS OF SERVICE
Upon expiration of the REINSTATEMENT: a) the reinstatement
after ten (10) calendar days TO THE PARTIES: the
period (after 10 calendar aspect is immediately executory; and b)
from receipt by the counselor LA may issue a
days), the Labor Arbiter employer must submit a report of
or the parties: IF no appeal is certificate of finality
shall issue a certificate of compliance w/in ten (10) calendar days
filed with the RAB of origin after sixty (60)
finality. from receipt of the said decision.
w/n 10 calendar days from calendar days from
receipt of decision. date of mailing.

EXECUTION UPON EXECUTION BY MOTION OR BY INDEPENDENT


FINALITY OF DECISION: ACTION:
A writ of execution may be a decision or order may be executed on motion
issued motu proprio or on within five (5) years from the date it becomes final
motion, upon a decision and executory. After the lapse of such period, the
that has become judgment shall become dormant, and may only be
final and executory. enforced by an independent action before the
Regional Arbitration Branch of origin and within a
period of ten (10) years from date of its finality.
APPEAL TO NLRC: GROUNDS: REQUISITES FOR PERFECTION OF APPEAL:
Within 10 calendar days from 1) Prima facie evidence of abuse of 1) filed within the reglementary period
receipt of the decision/order; discretion on the part of the LA or RD 2) verified by the appellant himself
WHERE TO FILE: 2) If the decision/award/ order was 3) in the form of a memorandum of appeal which shall
RAB of origin; secured through fraud or coercion, state the grounds relied upon and the arguments in support
NLRC Decision is unappeable- including graft and corruption thereof, the relief prayed for, and with a statement of
remedy is Rule 65 of the RoC; 3) If made purely on questions of law the date the appellant received the appealed decision,
One MFR is allowed - filed 4) If serious errors in the findings of award or order;
within 10 calendar days from facts are raised which, if not corrected, 4) in three (3) legibly typewritten or printed copies; and
receipt of the dismissal of the would cause grave or irreparable 5) accompanied by:
appeal. damage or injury to the appellant. i) proof of payment of the required appeal fee and
legal research fee;
ii) posting of a cash or surety bond as provided in
If the 10th or 5th day, as the case may Section 6 of this Rule; and
be, falls on a Saturday, Sunday or iii) proof of service upon the other parties.
holiday, the last day to perfect the
appeal shall be the first working day
following such Saturday, Sunday or
holiday. BOND:
In decisions of the LA or the RD involving monetary award,
an appeal by the employer may be perfected only upon
REPLY TO THE APPEAL: the posting of a bond, which shall either be in the form of
Appellee may file w/ the RAB or RO his cash deposit or surety bond equivalent in amount to the
reply not later than 10 calendar days monetary award, exclusive of damages and attorney's
from receipt. Failure to make such fees.
reply may be construed as a waiver on NO MOTION TO REDUCE BOND shall be entertained except
his part to file the same. 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)

EFFECT OF PERFECTION OF EXECUTION OF REINSTATEMENT PENDING APPEAL:


APPEAL ON EXECUTION: If the employer disobeys or refuses to reinstate the dismissed employee,
The perfection of an appeal the LA shall immediately issue writ of execution, even pending appeal,
shall stay the execution of directing the employer to immediately reinstate the dismissed
the decision of the Labor employee either physically or in the payroll, and to pay the accrued
Arbiter except execution for salaries as a consequence of such non-reinstatement in the amount
reinstatement pending specified in the decision.
appeal.

PETITION FOR CERTIORARI IN


THE COURT OF APPEALS:
(Rule 65) EFFECT OF PETITION FOR
WHEN TO FILE: Not later than CERTIORARI ON EXECUTION:
sixty (60) days from notice of A petition for certiorari with the
the judgment, order or Court of Appeals or the Supreme
resolution. Court shall not stay the execution
WHERE TO FILE: CA of the assailed decision unless a
GROUND: 1) Grave Abuse of restraining order is issued by said
Discretion amounting to lack or courts.
excess of jurisdiction; 2)
Questions of facts or law.

APPEAL BY CERTIORARI IN THE


SUPREME COURT:
(Rule 45)
WHEN TO FILE: within fifteen
(15) days from notice of the
judgment or final order or
resolution.
WHERE TO FILE: SC
GROUND: Questions of law