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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 185 -
AUTHORIZING THE SECRETARY OF LABOR AND EMPLOYMENT TO EXERCISE
ADMINISTRATIVE SUPERVISION OVER THE NATIONAL LABOR RELATIONS COMMISSION
WHEREAS,
Section 17, Article VII of the Constitution provides that the President
shall have control of all executive departments, bureaus and offices
and shall ensure that the laws be faithfully executed;
WHEREAS, the National Labor Relations Commission [NLRC] which was
created by virtue of Presidential Decree No. 442, otherwise known as
the “Labor Code of the Philippines,” is an agency under the Executive
Department and was originally envisaged as being an integral part of
the Department (then Ministry) of Labor and Employment [DOLE] under the
administrative supervision of the Secretary of Labor and Employment
[“Secretary of Labor”];
WHEREAS, upon the issuance of Executive Order No. 292, otherwise known
as the “Revised Administrative Code of 1987” (the “Administrative
Code”), the NLRC, by virtue of Sec. 25, Chapter 6, Title VII, Book
IV thereof, became an agency attached to the DOLE for policy and
program coordination and administrative supervision;
WHEREAS, Article 213 of the Labor Code and Sec. 25, Chapter 6, Title
VII, Book IV of the Administrative Code were amended by Republic Act
No. 6715 approved on March 2, 1989, which provides that the NLRC shall
be attached to the DOLE for program and policy coordination only and
transferred administrative supervision over the NLRC, all its regional
branches and personnel to the NLRC Chairman;
WHEREAS, Section 16, Article III of the Constitution guarantees the
right of all persons to a speedy disposition of their cases before all
judicial, quasi-judicial and administrative bodies;
WHEREAS, the Secretary of Labor, after evaluating the NLRC’s
performance record in the last five (5) years, including the rate of
disposition of pending cases before it, has informed the President that
there is a need to expedite the disposition of labor cases pending
before the NLRC and all its regional and sub-regional branches or
provincial extension units and initiate potent measures to prevent
graft and corruption therein so as to reform its systems and personnel,
as well as infuse the organization with a sense of public service in
consonance with the imperative of change for the greater interest of
the people;
WHEREAS, after consultations with the relevant sectors, the Secretary
of Labor has recommended that the President, pursuant to her powers
under the Constitution and existing laws, authorize the Secretary of
Labor to exercise administrative supervision over the NLRC and all its
regional and sub-regional branches or provincial extension units with
the objective of improving the rate of disposition of pending cases and
institute adequate measures for the prevention of graft and corruption
within the said agency;
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by the
Constitution and existing laws, do hereby order:
Section 1.
For this purpose, the Secretary of Labor shall, among others:
a.
b.
c.
d.
e.
The authority conferred herein upon the Secretary of Labor shall not extend to the power to review, reverse, revise, or modify the decisions of the NLRC in the exercise of its quasi-judicial functions [cf . Sec. 38(2)(b), Chapter 7, Book IV, Administrative Code].
Sec. 2.
a.
b.
c.
d.
Sec. 3.
Sec. 4.
Sec. 5.
City of Manila, March 10, 2003
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