Martin Franco B.

Sison|Juris Doctor 3-B|Labor Relations

LABOR RELATIONS:
1. What is PD 442?

A: The Labor Code of the Philippines.

“A decree instituting a labor code thereby revising and consolidating labor and social laws to afford
protection to labor, promote employment and human resources development and insure industrial peace based on
social justice”

Labor Code is the principal labor law of the country. It contains most of our labor laws, such as
those on illegal recruitment, wages of workers, rights of union members, collective bargaining, and
employment termination. It also deals with the rights of employers, such as right to make and enforce
reasonable regulations, to reorganize and economize, and to lay off lazy and undisciplined employees.

2. What are the reasons for the issuance of PD 442?

A: The aim and the reason for the existence of labor laws is social justice. Social justice connotes equality
under the law and the attainment of a decent quality of life by the people through humane productive
work. (Calalang v. Williams)

3. What is Labor law?

A: Labor Law is the law governing the rights and duties of the employer and employees with respect to:

1. The terms and conditions of employment; and

2. Labor disputes arising from collective bargaining (CB) respecting such term and conditions,

4. What are the broad division of labor?

(a). LABOR STANDARDS – refers to the minimum terms and conditions of employment which employee
are legally entitled to and employers must comply with.

(b). LABOR RELATIONS – that part of labor law which deals with unionism, collective bargaining,
grievance machinery, voluntary arbitration, strike, picketing and lockout.

5. How labor laws are construed?

ART. 1700 (Civil Code)

“The relations between capital and labor are not merely contractual. They are so impressed with
public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to
the special Laws on labor unions, collective bargaining, strikes and lockouts, closed shops, wages, working
conditions, hours of labor and similar subjects.”

ART. 1702 (Civil Code)

“In case of doubt, all labor legislations and all labor contracts shall be construed in favor of the
safety and decent living for the laborer.”

Art. 1700 applies to doubts and ambiguities in

(1) Labor legislations;
(2) Labor contracts such as an employment contract or CBA;
(3) Evidence presented in labor cases.

Art. 1702 applies to doubts and ambiguities:

(1) In the labor code; and
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(2) In the implementing rules of the labor code.

ART. 4. CONSTRUCTION IN FAVOR OF LABOR - all doubts in the implementation and interpretation
of the provisions of this code, including its implementing rules and regulations, shall be resolved in favor
of labor.

Art 4 applies only when there is a doubt. Doubts are resolved in favor of labor in line with the
principle that those who have less in life should have more in law.

6. What is the doubt in favor of labor rule? (Equipoise rule)

A: EQUIPOISE RULE states that if doubt exist between the evidence presented by the employer and the
employee, the scales of justice must be tilted in favor of the latter.

7. Who is an employee?

A: An “Employee” includes any person in the employ of an employer. The term shall not be limited to the
employees of a particular employer, unless the code so explicitly states. It shall include any individual
whose work has ceased as a result of or in connection with any current labor dispute or because any unfair
labor practice if he has not obtained any other substantially equivalent and regular employment. (ART.
291; F)

8. Who is an employer?

A: An “Employer” includes any person acting in the interest of an employer, directly or indirectly. The
term shall not include any labor organization or any of its officers or agents except when acting as
employer. (ART 219; E)

9. How is the existence of Employer – employee relationship determined?

a. Four – Fold Test

1. Selection and engagement of the employee;

2. Payment of wages and salaries;
3. Exercise of the power of dismissal;
4. Exercise of the power to control the employee’s conduct.

Control Test – is the controlling test which means that the employer controls or has reserved the
right to control the employee not only as to the result of the work to be done but also as to the means
and methods by which the same is to be accomplished.

b. Economic Reality Test

- The proper standard of economic dependence is whether the worker is dependent on the
alleged employer for his continued employment in that line of business.

c. Multi-factorial test (Two – Tiered Test)

- The two – tiered test enunciated in the case of Francisco v. NLRC, is composed of:
(1) The putative employer’s power to control the employee with respect to the means and
methods by which the work is to be accomplished (Control Test); and
(2) The underlying economic realities of the activity or relationship (broader economic
reality test).

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10. What are the kinds of employees?

1. Managerial Employee – is one who is vested with the powers or prerogatives to lay down and execute
management policies and/or to hire, transfer, suspend, lay – off, recall, discharge, assign or discipline
employees.

2. Supervisory Employee – is one who, in the interest of the employer, effectively recommends
managerial actions and the exercise of such authority is not merely routinary or clerical but requires
the use of independent judgment.

3. Rank-and-file employee – is one who does not fall within any of the above definitions for purposes of
labor relations under Book V of the labor code. This term refers to employee whose functions are
neither managerial nor supervisory in nature.

11. What are the policies of the state with respect to labor?

A: Under Article XIII (Social Justice and Human Rights)

Section 3: The State shall afford full protection to labor, local and overseas, organized and
unorganized and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self – organization, collective bargaining and
negotiations and peaceful concerted activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work and a living wage. They shall also
participate in policy and decision making process affecting their rights and benefits as may be provided by
law.

12. What is the policy of the state with respect to the relationship between workers and employers?

A: ART 218 (B); to encourage a truly democratic method of regulating the relations between employers
and employees by means of agreements freely entered into through collective bargaining agreement, no
court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of
work or other terms and conditions of employment, except as otherwise provided under this code.

Under Article XIII, Section 3. Par. 4.

“It states that the state shall regulate the relation between workers and employers, recognizing the
right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns
to investments and to expansion and growth”

13. What are the policies of the state with respect to labor relations?

A: ART 218 (A); it is the policy of the state:

a. To promote and emphasize the primacy of free collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;

b. To promote free trade unionism as an instrument for the enhancement of democracy and the promotion
of social justice and development;

c. To foster the free and voluntary organization of a strong and united labor movement;

d. To promote the enlightenment of workers concerning their rights and obligations as union members
and as employees;

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e. To provide an adequate administrative machinery for the expeditious settlement of labor or industrial
disputes;

f. To ensure a stable but dynamic and just industrial peace; and

g. To ensure the participation of workers in decision and policy – making processes affecting their right,
duties and welfare.

“The state shall promote the principle of shared responsibility between workers and employers and
the preferential use of voluntary modes in settling disputes, including conciliation and shall enforce their
mutual compliance therewith to foster industrial peace.”

14. How does the state view labor?

A: Article II, Sec. 18. Provides that the state affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.

15. How does the state view the employer?

A: Article II, Sec. 20 Provides that the State recognized the indispensable role of the private sector as the
main engine of economic development. Hence, the state is mandated to encourage private enterprise and
to provide incentives to needed investments, whether local or foreign.

16. What is the principle of shared responsibility?

A: Both the management and labor share a social responsibility in the promotion of industrial peace which
redounds in the end to the benefit of all.

“The state shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation and shall enforce
their mutual compliance therewith to foster industrial peace.” (Article XIII, Section 3)

17. What is the concept of co – determination?

A: The Principle of Co – determination refers to the right given to the employees to co – determine or
share the responsibility of forming certain policies that affect their rights, benefits and welfare.

GOVERNMENT AGENCIES WITH ACTIVE ROLES IN THE LABOR MANAGEMENT RELATIONS:

1. NLRC ( National Labor Relations Commission)

- Is an administrative quasi – judicial body. It is any agency attached to the DOLE solely for
program and policy coordination only. It is in charge of deciding labor cases through
compulsory arbitration.
- Philippine’s Labor Court

2. BLR (Bureau of Labor Relations)

a. Mandate:
1. National Registry on Unions and CBA’s;
2. Formulate regulatory and development policies, standards, guidelines and
programs promoting the right to organize, including collective bargaining and
improvement of the income of workers and their organizations;
3. Lead agency in workers and employers education;
4. Adjudicate Inter – and Intra – union disputes;
5. Promote bipartism and tripartism; and

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6. Formulation and implementation of programs that strengthen trade unionism to
achieve industrial peace.
b. Jurisdiction:
A: Has exclusive and original jurisdiction to act on its own initiative or upon the request
of either of both parties on all:

(1) INTRA – UNION DISPUTES – refers to any conflict between and among union
members, including grievances arising from any violation of the rights and conditions of
membership, violation of or disagreement over any provision of the union’s constitution
and by – laws or disputes arising from chartering of union.

(2) INTER – UNION DISPUTE – refers to any conflict between and among legitimate
labor unions.

(3) OTHER RELATED LABOR RELATIONS DISPUTE – refers to any conflict between
and among labor organization and the employer.

3. NCMB (National Conciliation and Mediation Board)

a. Mandate

- It is created under E.O No. 126 as amended by EO 251, recognizing that DOLE shall formulate
policies, develop plans and programs and set standards and procedures relative to the
promotion of conciliation and mediation of labor disputes through the preventive mediation,
conciliation and voluntary arbitration, facilitation of labor management corporation through
joint mechanisms for information sharing, effective communication, consultation and group –
problem solving.

4. Department of Labor and Employment (DOLE)

a. Mandate:
- Is mandated as the primary policy–making, programming, coordinating and
administrative entity of the executive branch of the government in the field of labor and
employment. It assumes the primary responsibilities of promoting gainful employment
opportunities and optimizing the development and utilization of the country’s manpower
resources; advancing worker’s welfare by providing for just and humane working conditions and
terms of employment and maintaining industrial peace by protection for the rights of all concerned
parties.

5. Secretary of Labor and Employment

- Labor code grants plenary power to secretary of labor to assume jurisdiction over a labor dispute
in an industry indispensable to national interest or to certify the same to the NLRC for compulsory
arbitration.

6. Regional Directors

- The DOLE has a total of 16 regional offices nationwide each one of them is headed by a Regional
Director. The DOLE regional directors are the duly “authorized representatives” of the DOLE
Secretary referred to in Article 128 of the labor code which grants to them both visitorial and
enforcement powers. They are in charge of the administration and enforcement of labor standards
within their respective territorial jurisdictions.

National Labor Relations Commssion (NLRC)

1. Composition:

The NLRC is composed of a chairman and twenty –three (23) members called “commissioners”

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NLRC’s Eight (8) Divisions

The NLRC is divided into eight (8) divisions, each one is comprised of three (3) members.
Each division shall consist of one (1) member from the public sector who shall act as its presiding
commissioner and one (1) member each from the workers and employers sectors, respectively.

The various divisions of the commission have exclusive appellate jurisdiction over cases within
their respective territorial jurisdiction.

The NLRC has tripartite composition. Eight (8) members thereof should be chosen only from
among the nominees of the workers sector and another eight (8) from the employers sector. 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.

2. Mandate
- It is a quasi – judicial body tasked to promote and maintain industrial peace by resolving labor
and management disputes involving both local and overseas workers through compulsory
arbitration and alternative modes of dispute resolution. It attached to the Department of Labor
and Employment for program and policy coordination.

3. Nature of Proceedings

- NLRC are not bound by the technical rules of procedure in the adjudication of cases being
administrative and quasi – judicial bodies.
- As to the degree of evidence, law requires substantive evidence in such a manner that a
reasonable mind might accept as adequate to support a conclusion.

4. Functional relation with DOLE

- NLRC is an agency attached to the DOLE solely for program and policy coordination only.

5. Organizational Set – up (Tripartite Commission)

- Composition is in TRIPARTISM, has 3 representation of sectors in the policy making bodies

namely:
a) Public or Government – 8 Commissioners with a Chairman
b) Employers – 8 Commissioners
c) Workers – 8 Commissioners

- Composed of Chairman and 23 members called COMMISSIONERS.

6. Regional Arbitration Branches

- Is a branch of NLRC where Labor Arbiter exercises its original and exclusive jurisdiction to
hear and decide cases falling under its jurisdiction under Article 224 of the Labor Code.

Jurisdiction:

(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 or exemplary and other forms of damages arising from employer –
employee relations;

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(e) Cases arising from any violation of Article 267 (now 279) 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 employer – employee
relations, including those of persons in domestic or household service, involving an amount
exceeding Five Thousand Pesos (P 5,000.00) whether or not accompanied with a claim for
reinstatement;

(g) Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
pursuant to RA No.6727;

(h) Enforcement of Compromise agreements when there is non – compliance by any of the parties
pursuant to Art 227 (now 233) 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 Sec 10 of RA 8042, as amended by RA 10022;
and

(j) Other cases as may be provided by law.

Labor Arbiter:

1. Qualifications
a. Must be members of the Philippine Bar;
b. Must have been engaged in the practice of law in the Philippines for at least ten (10) years; and
c. Must have experience or exposure in the field of labor-management relations for at least five (5)
years.

2. Salaries, benefits and emoluments

Labor Arbiters have the same rank, annual salary, allowances, retirement and other benefits and
privileges as those of the judges of the regional trial courts. In no case, however, should the provision of
Article 216 result in the diminution of the existing salaries, allowances and benefits of the aforementioned
officials.

Commissioner en banc:

1. Qualifications:
a. Must be members of the Philippine bar;
b. Must have been engaged in the practice of law in the Philippines for at least fifteen (15) years;
c. Must have experience or exposure in handling labor-management relations for at least five (5)
years;
d. Preferably residents of the region where they shall hold office.

2. Salaries, benefits and emoluments

The chairman and the other members of the Commission have the same rank, annual salary,
allowances, retirement and other benefits as those of the Presiding Justice and Associate Justice of the
Court of Appeals, respectively.

18. What are the functions of the division of the NLRC?

A: Each division has exclusive appellate jurisdiction over cases appealed from the labor arbiters within
their respective territorial jurisdictions. Divisions one to six handle cases from the National Capital Regions

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and other parts of Luzon, while the seventh and eight divisions handle those from Visayas and Mindanao,
respectively.

19. What are functions of the Commissioner en banc?

A: The Commission sits en banc only for the following purposes:

1. To promulgate rules and regulations governing the hearing and disposition of cases before any of
its divisions and regional branches; and
2. To formulate policies affecting its administration and operations.

The NLRC does not sit en banc to hear and decide cases. The banc has no adjudicatory power. The
commission exercises it adjudicatory and all other powers, functions, and duties through its eight (8)
divisions.

20. What are the powers of the NLRC?

A: Under Articles 225 and 226 of the Labor Code, the powers of the NLRC are;

i. The power to make rules and regulations pertaining to its functions;

ii. The power to administer oaths and issue subpoenas and summons;
iii. The power to investigate, hear and decide disputes within its jurisdiction;
iv. The power to hold persons in contempt;
v. The power to issue restraining orders and injunctions
vi. The power to conduct ocular inspection; and
vii. The power to decide appealed cases.

21. What is the jurisdiction of the Labor Arbiter?

A: The Labor Arbiter is an official in the arbitration branch of the National Labor Relations
Commission (NLRC) who hears and decides cases falling under his original and exclusive jurisdiction as
provided by law.

Labor Arbiters have NO injunctive power; only the commission (NLRC) has this power.

A: The jurisdiction conferred by Article 217 upon the labor arbiters is both original and exclusive,
meaning, no other officers or tribunals can take cognizance of, or hear and decide, any of the cases therein
enumerated.

XPNS:
1. In assumed cases. When the DOLE secretary or the president exercises his power under Art.
278(g) of the labor code to assume jurisdiction over national interest cases and decide them
himself.
2. In certified cases. When the NLRC exercises its power of compulsory arbitration over similar
national interest cases that are certified to it by the DOLE Secretary pursuant to the exercise by
the latter of his certification power under the same Art 278(g);
3. In cases arising from CBA;
4. In cases submitted for voluntary arbitration.

Rule V. Sec. 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;

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(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 or exemplary and other forms of damages arising from employer –
employee relations;

(e) Cases arising from any violation of Article 267 (now 279) 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 employer – employee
relations, including those of persons in domestic or household service, involving an amount
exceeding Five Thousand Pesos (P 5,000.00) whether or not accompanied with a claim for
reinstatement;

(g) Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
pursuant to RA No.6727;

(h) Enforcement of Compromise agreements when there is non – compliance by any of the parties
pursuant to Art 227 (now 233) 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 Sec 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 CBA’s 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.

22. What is the jurisdiction of the Commissioner en banc?

A:

1. Cases decided by the Labor Arbiter;

2. Cases decided by the Regional Directors or Hearing officers on small money claims;
3. Cases of National Interest certified to by the Secretary of Labor:
4. Petitions for injunctions or temporary restraining order under Article 218 (e) of the Labor Code,
as amended; and
5. Petition to annul or modify the order or resolution (including those issued during execution
proceedings) of the Labor Arbiter.

PROCEDURES AND PLEADINGS

1. How the NLRC rules is construed?

Rule I. Sec. 2. CONSTRUCTION – These rules shall be liberally construed to carry out the objectives of
the Constitution, the labor code of the Philippines and other relevant legislations, and to assist the parties
in obtaining just, expeditious and inexpensive resolution and settlement of labor disputes. (2011 NLRC
Rules of Procedure)

2. What is a valid complaint?

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A: Rule III. Sec. 1. 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 the in one complaint or petition.

3. Can a party litigant file a complaint directly at the regional arbitration branch? (R.A. 10396)

A:

4. Can a non – lawyer appear before the NLRC?

A: Rule III. Sec. 6. APPEARANCES (b) A non – lawyer may appear in any proceedings before the Labor
Arbiter or Commission only under the following conditions:

1. he/she represents himself/herself as party to the case;

2. he/she represents a legitimate labor organization, as defined under Art 212 (now 219) and Art
242 (now 251) of the Labor code, as amended, which is a party to the case: Provided that: he/she
presents to the commissioner or labor arbiter during the mandatory conference or initial hearing:

(i) A certification from the BLR or regional office of the DOLE attesting that the
organization he/she represents is duly registered and listed in the roster of legitimate labor
organizations:

(ii) A verified certification issued by the secretary and attested to by the president of the
said organization stating that he/she is authorized to represent the said organization in
the said case; and

(iii) A copy of the resolution of the board of directors of the said organization granting him
such authority;

3. he/she represents a member or members of a legitimate labor organization that is existing within
the employer’s establishment, who are parties to the case: Provided that, he/she presents:

(i) a verified certification attesting that he/she is authorized by such member or members
to represent them in the case; and

(ii) a verified certification issued by the secretary and attested to by the president of the
said organization stating that the person or persons he/she is representing are members
of their organization which is existing in the employer’s establishment; and

4. he/she is a duly-accredited member of any legal aid office recognized by the DOJ or IBP: provided
that, he/she (i) presents proof of his/her accreditation; and (ii) represents a party to the case;

NOTE: Appearances of a non-lawyer in contravention of this section shall not be recognized

in any proceedings before the labor arbiter or the Commission.

5. What is venue?

A: Rule IV. Sec 1. VENUE – (a) All cases which labor arbiters have authority to hear and decide may be
filed in the Regional Arbitration Branch having jurisdiction over the workplace of the complainant or
petitioner.

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For purposes of venue, the workplace shall be understood as the place or locality where the
employee is regularly assigned at the time the cause of action arose. It shall include the place where the
employee is supposed to report back after a temporary detail, assignment, or travel. In case of field
employees, as well as ambulant or itinerant workers, their workplace is where they are regularly assigned,
or where they are supposed to regularly receive their salaries and wages or work instructions from, and
report the results of their assignment to, their employers.

(b) Where two (2) or more Regional Arbitration Branches have jurisdiction over the workplace of
the complainant or petitioner, the branch the first acquired jurisdiction over the case shall exclude the
others.

(c) Where venue is not objected to before the first scheduled mandatory conference, such issue shall
be deemed waived. (As amended by En Banc resolution No. 11-12, series of 2012)

6. Can venue be changed or transferred?

A: YES. (d) the venue of an action may be changed or transferred to a different Regional Arbitration Branch
other than where the complaint was filed by written agreement of the parties or when the commission or
labor arbiter before whom the case is pending so orders, upon motion by the proper party in meritorious
cases.

7. What is the venue of case involving OFWs?

A: (e) Cases involving Overseas Filipino Workers may be filed before the Regional Arbitration Branch
having jurisdiction over the place where the complaint resides or where the principal office of any of the
respondents is situated, at the option of the complaint.

8. What are deemed as prohibited pleadings or motions?

A: Rule V. Sec. 5. PROHIBITED PLEADINGS 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 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) Motion to Quash and/or Motion to Lift Garnishment if a petition had been filed under Rule
XII;

(h) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order:

(1) Denying a motion to dismiss;

(2) Denying a motion to inhibit;

(3) Denying a motion for issuance of writ of execution; or

(4) Denying a motion to quash writ of execution;

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(i) Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter;

(j) Appeal from orders issued by the Labor Arbiter in the course of execution proceedings; and

(k) Such other pleadings, motions and petitions of similar nature intended to circumvent above
provisions.

9. Is a motion to dismiss absolutely prohibited at the NLRC?

A: NO. Motion to Dismiss may be filed on the ground of lack of jurisdiction over the subject matter,
improper venue, res judicata, prescription and forum shopping. (Rule V, Section 5a)

10. What is a Mandatory conference?

A: RULE V. Sec. 8. MANDATORY CONCILIATION AND MEDIATION CONFERENCE – (a) The

Mandatory Conciliation and Mediation conference shall be called for the purpose of:

(1) Amicably settling the case upon a fair compromise;

(2) Determining the real parties in interest;

(3) Determining the necessity of amending the complaint and including all causes of action;

(4) Defining and simplifying the issues in the case;

(5) Entering into admissions or stipulation of facts; and

(6) Threshing out all other preliminary matters.

The Labor Arbiter shall personally preside over and take full control of the proceedings and may
be assisted by the Labor Arbitration Associate in the conduct thereof. Provided that, in areas where there
is no Labor Arbiter assigned, conciliation and mediation may be conducted by a Labor Arbitration
Associate, any other NLRC personnel with sufficient training and knowledge on conciliation and
mediation, authorized by the chairman or a duly authorized personnel of the DOLE pursuant to any
Memorandum Agreement executed for this purpose.

(b) Conciliation and Mediation efforts shall be exerted by the Labor Arbiters of the said authorized
personnel all throughout the mandatory conferences.

Any agreement entered into by the parties whether in partial or full settlement of the dispute shall
be reduced into writing and signed by the parties and their counsel or the parties’ authorized
representatives, if any.

(c) In any case, the compromise agreement shall be approved by the Labor Arbiter, if after
explaining to the parties, particularly to the complainants, the terms, conditions and consequences thereof,
he/she is satisfied that they understand the agreement, that the same was entered into freely and
voluntarily by them, and that it was not contrary to law, morals and public policy.

(d) A compromise agreement duly entered into in accordance with this section shall be final and
binding upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter;

(e) The Mandatory Conciliation and Mediation conference shall, except for justifiable grounds, be
terminated within thirty (30) calendar days from the date of the first conference;

(f) No motion for postponement shall be entertained except on meritorious grounds and when filed
at least three (3) days before the scheduled hearing.

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11. How is it different from conciliation and mediation? (R.A. 10396)

A:

12. What are the pleadings filed before the NLRC?

A:

13. What must be contained in the position paper / reply of the parties?

A: RULE V. Sec. 12 SUBMISSION OF POSITION PAPER AND REPLY

(C) The position papers of the parties shall cover only those claims and causes of actions stated in
the complaint or amended complaint, accompanied by all supporting documents, including the affidavits
of witnesses, which shall take the place of their direct testimony, excluding those that may have been
amicably settled.

14. Remedies available to complainant whose case has been dismissed without prejudiced?

A: RULE V. Sec 22. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE AND
LIFTING OF WAIVER. - “A party may file a motion to revive or re – open a case dismissed without
prejudice, within ten (10) calendar days from receipt of notice of the order dismissing the same; otherwise,
the only remedy shall be to re – file the case…”

15. Remedy to a respondent whose right to a position paper has been waived?

A: RULE V. Sec 22. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE AND
LIFTING OF WAIVER. “…A party declared to have waived his/her right to file position paper may, at
any time after notice thereof and before the case is submitted for decision, file a motion under oath to set
aside the order of waiver upon proper showing that his/her failure to appear was due to justifiable and
meritorious grounds.”

16. What is a certificate of __________?

A:

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 Martin Franco B. Sison|Juris Doctor 3-B|Labor Relations
17. When shall it be issued?

A:

18. When it may be issued?

A:

19. Nature of appeal to NLRC?

A:

20. Requirements for perfection of appeal?

A: RULE VI Sec. 4. REQUISITES FOR PERFECTION OF APPEAL - (a) The appeal shall be:

(1) Filed within the reglementary period provided in section 1 of this rule;

(2) Verified by the appellant himself/herself in accordance with section 4, Rule 7 of the rule of court
as amended;

(3) In the form of a memorandum of appeal which shall state the grounds relied upon and the
arguments in support thereof, the relief prayed for, and with a statement of the date the appellant
received the appealed decision, award or order;

(4) In three (3) legibly typewritten or printed copies; and

(5) Accompanied by:

(i) Proof of payment of the required appeal fee and legal research fee;

(ii) Posting of a cash or surety bond as provided in Sec 6 of this rule; and

(iii) Proof of service upon the other parties.

21. Is a motion to reduce bond a prohibited pleading?

A: RULE V Sec.6 APPEAL

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.

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 Martin Franco B. Sison|Juris Doctor 3-B|Labor Relations
22. Nature of “reinstatement pending appeal”

A: RULE XI Sec. 12 EXECUTION OF REINSTATEMENT PENDING APPEAL - in case the decision

includes an order of reinstatement, and the employer disobeys the directive under the second paragraph
of Section 19 of Rule V or refuses to reinstate the dismissed employee, the Labor Arbiter shall immediately
issue a writ of execution, even pending appeal, directing the employer to immediately reinstate the
dismissed employee either physically or in the payroll, and to pay the accrued salaries as a consequence of
such non – reinstatement in the amount specified in the decision.

The Labor Arbiter shall motu proprio issue a corresponding writ to satisfy the reinstatement wages
as they accrue until actual reinstatement or reversal of the order or reinstatement.

The sheriff shall serve the writ of execution upon the employer or any other person required by
law to obey the same. If he/she disobeys the writ, such employer or person may be cited for contempt in
accordance with Rule IX.

23. What is the writ of execution issued at the NLRC?

A: RULE XI, SECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER. – (a) a writ of
execution may be issued motu proprio or on motion, upon a decision or order that has become final and
executory.

(b) if an appeal has been duly perfected and finally resolved by the Commission, a motion for execution
may be filed before the Labor Arbiter, when the latter has possession of the case records or upon submission
of certified true copies of the decisions or final order/s sought to be enforced including notice of decision
or order and the entry of judgment, copy furnished the adverse party.

(c) except that, as provided for in section 19 of Rule V in relation to Section 9 of this rule, and in those cases
where partial execution is allowed by law, the Labor Arbiter shall retain duplicate original copies of the
decision to be implemented and proof of service thereof for the purpose of immediate enforcement.

24. What is the effect of filing a _____ before the CA/SC or execution of judgment at the NLRC?

A: RULE XI, Section 4. EFFECT OF PETITION FOR CERTIRARI ON EXECUTION – A petition for
certiorari with the Court of Appeals or the Supreme Court shall not stay the execution of the assailed
decision unless a restraining order is issued by the courts.

25. Part of the judgment that must be enforced? (Immutability of final judgment)

A: Under the Doctrine of Finality or Immutability of Final Judgment, a decision that has acquired finality
becomes immutable and unalterable, and may no longer be modified in any respect, even if the
modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court
that rendered it or by the Highest Court of the land. Any act which violates this principle must immediately
be struck down.

26. Concept of restitution (labor)

A: RULE XI Sec. 18. RESTITUTION – Where the executed judgment is totally or partially reversed or
annulled by the Court of Appeals or the Supreme Court with finality and restitution is so ordered, the
Labor Arbiter shall, on motion, issue such order of restitution of the executed award, except reinstatement
wages paid pending appeal.

27. Petition for extraordinary remedy?

A: RULE XII. Section 1. VERIFIED PETITION – a party aggrieved by any order or resolution of the Labor
Arbiter, including a writ of execution and others issued during execution proceedings, may file a verified
petition to annul or modify the same. The petition may be accompanied 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, order or
writ. (As amended by En Banc Resolution No. 07-14, series of 2014)
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