JURISDICTION & POWERS OF THE NLRC

1. Original Jurisdiction
a. Injunction in labor disputes to enjoin/ restrain any actual/ threatened commission of
any/all prohibited/ unlawful acts or to require the performance of a particular act in any
labor dispute, which if not restrained/ performed forthwith, may cause grave/
irreparable damage to any party;
b. Injunction in strikes/ lockouts (Art. 264, LC);
c. Labor disputes causing/ likely to cause a strike/ lockout in an industry indispensable to
the national interest, certified to it by the SOLE for compulsory arbitration

2. Exclusive Appellate Jurisdiction

a. All cases decided by LA including contempt cases; and
b. Cases decided by RDs/ duly authorized Hearing Officers (Art. 129, LC) involving recovery
of wages, simple money claims, and other benefits not exceeding P5,000 and not
accompanied by a claim for reinstatement

What is the power to assume jurisdiction or certify “national interest” labor disputes to NLRC?
When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in
an industry indispensable to the national interest, the SOLE may assume jurisdiction or certify the same
to the NLRC for compulsory arbitration.

Procedure for Filing a Criminal Case for Illegal Acts Committed in a Strike
- In order for the criminal case to prosper, a complaint must first be filed with the LA/NLRC with
final judgment of ULP/IA
- Damages may be prayed for in the filing with LA/NLRC
- A positive determination that ULP/IA was committed will not be prejudicial to the criminal
proceeding filed in regular courts
- A negative finding with LA/NLRC does not bar filing of criminal case
- Under BP 70, the civil aspects of all cases involving ULP, which may include claims for damages &
other affirmative relief, shall be under the jurisdiction of the Labor Arbiters
- Also under BP 70, recovery of civil liability in the administrative proceedings shall bar recovery
under the Civil Code
- During the pendency of the administrative proceeding, the running of the period of prescription
of the criminal offense is considered interrupted; provided, that the final judgment therein shall
not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of
compliance of the requirements
- Art. 247 of the LC vests jurisdiction upon the LA over the civil aspects of ULP cases including
damages, attorneys’ fees, and other affirmative relief.
- Art. 241 of the LC gives jurisdiction to ordinary courts both criminal and civil liabilities arising
from violations of the rights and conditions of membership in a labor organization.
- Under BP 70, in order for a criminal action for ULP to prosper, there must be a positive finding in
the administrative proceeding’s final decision of the commission of the act
- However, for a criminal action to prosper as against illegal acts committed during the illegal
strike, what is required is only proof of filing of administrative complaint for the illegal strike and
commission of illegal acts therein