NLRC
INTERIM RULES ON APPEALS UNDER R. A. 6715, AMENDING THE LABOR CODE.
Pursuant to
the provisions of Art. 218 (a) of the Labor
Code, as amended, the following Interim Rules on appeals are hereby
adopted and promulgated:
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SECTION 1. (A)
Appeals and Period. - Decisions, awards or orders of the Labor
Arbiter,
Regional Director or any duly authorized Hearing Officer and the POEA
Administrator
shall be final and executory unless appealed to the Commission by any
or
both parties within the 10 calendar days from receipt of such
decisions,
awards or orders of the Labor Arbiter or of the Administrator; and in
case
of the Regional Director or any duly authorized Hearing Officer, five
(5)
calendar days from receipt of such decisions, awards or orders.
(B) Grounds.
- The appeals may be entertained only on any of the following
grounds:
1.
That there is prima facie evidence or abuse of discretion on the part
of
the Labor Arbiter, Regional Director or any duly authorized Hearing
Officer
and Administrator;
2. That
the
decision, order or award was secured through fraud or coercion, or
graft
and corruption;
3. That
the
appeal is made purely on questions of law; and/or
4. That
the
serious errors in the finding of facts were committed which, if not
corrected,
would cause grave or irreparable damage or injury to the appellant.
SECTION 2.
Order
of Reinstatement and Effect of Bond. - Insofar as the
reinstatement
aspect is concerned, the decision of the Labor Arbiter reinstating a
dismissed
or separated employee 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 be reinstated in the payroll.
The posting
of bond by the employer shall not stay the execution for reinstatement.
SECTION 3. Where
Filed. - The appeal shall be filed in five (5) legibly
typewritten
copies with the respective Regional Arbitration Branch, the Regional
Office,
or the Philippine Overseas Employment Administration where the case was
heard and decided.
SECTION 4. Caption.
- In all cases appealed to the Commission, the party appealing the
case shall be called the "appellant," and the adverse party the
"appellee"
but the same title and number of the case shall remain.
SECTION 5. Requisites
of Appeal; When Perfected. - (A) The appeal shall be filed within
the
reglementary period as provided in Section 1(A) of these rules; shall
be
under oath with proof of payment of the required appeal fee and the
posting
of a cash or surety bond as provided in Section 7 of these rules; shall
be accompanied by a memorandum of appeal which shall state the grounds
relied upon and the arguments in support thereof; a statement of the
date
when the appellant received the appealed decision, order or award; and
proof of service on the other party of such appeal.
(B) The appellee
shall file his answer to the memorandum of appeal in the Regional
Arbitration
Branch, Regional Office or in the POEA where the appeal was filed not
later
than ten (10) calendar days from receipt thereof. Failure on the part
of
the appellee who was properly furnished with copy of the appeal to file
his reply or opposition within the said period may be construed as a
waiver
on his part to file the same.
(C) Once the
appeal is perfected in accordance with these rules, issues not raised
on
appeal shall become final and executory, and the Commission shall limit
itself to reviewing and deciding specific issues that were elevated on
appeal.
SECTION 6. Appeal
Fee. - The appellant shall pay an appeal fee of one hundred pesos
(P100.00)
to the Regional Arbitration Branch, Regional Office, or to the
Philippine
Overseas Employment Administration.
SECTION 7. Bond.
- In case of a judgment of the Labor Arbiter involving a monetary
award,
an appeal by the employer shall be perfected only upon the posting of a
cash or surety bond issued by a reputable bonding company duly
accredited
by the Commission in an amount equivalent to the monetary award in the
judgment appealed from.
For purposes
of the bond required under Article 223 of the Labor
Code, as amended, the monetary award computed as of the date of
promulgation
of the decision appealed from shall be the basis of the bond. For this
purpose, moral and exemplary damages shall not be included in fixing
the
amount of the bond.
Pending the
issuance of the appropriate guidelines for accreditation, bonds posted
by bonding companies duly accredited by the regular courts, shall be
acceptable.
SECTION 8. No
Extension of Period. - No motion or request for extension of period
within which to perfect an appeal shall be entertained.
SECTION 9. Immediate
Transmittal of Records. - Within forty-eight (48) hours after the
filing
of the reply or opposition of the appellee; or after the expiration of
the period to file the same, the entire record of the case, together
with
the memorandum of appeal; proof of the posting of the required bond;
and
proof of service thereof, shall be transmitted by the Executive Labor
Arbiter,
Regional Director or POEA Administrator to the appropriate Division of
the Commission.
SECTION 10.
Records of Cases. - The records of cases shall contain, among
others,
a complete narration of what transpired in the arbitration stage in the
form of minutes, including all original pleadings, notices, proof of
service
of the decision, order or award and other papers, which shall be
chronologically
arranged and consecutively numbered.
SECTION 11.
Period to Resolve Appeal. - (A) The Commission shall resolve the
appeal from the decision, order or award of the Labor Arbiter and
administrator
within twenty (20) calendar days from the time the case is submitted
for
resolution. In case of appeals from the decision of the Regional
Director
or any duly authorized Hearing Officer, the same shall be resolved
within
ten (10) calendar days.
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For this purpose,
a case or matter shall be deemed submitted for resolution upon the
filing
of the last pleading or memorandum required by the rules of the
Commission
or by the Commission itself.
SECTION 12.
Frivolous or Dilatory Appeals. - To discourage frivolous or
dilatory
appeals, the Commission or the Labor Arbiter may impose reasonable
penalty
including fines and censures on the erring party or parties.
SECTION 13.
Execution of Decisions, Orders or Awards. - (A) The
Secretary
of Labor and Employment or any Regional Director, the Commission or any
Labor Arbiter, or Med-Arbiter, or Voluntary Arbitrator or Panel of
Voluntary
Arbitrators, may motu proprio or on motion of any interested
party,
issue a writ of execution on a judgment within five (5) years from the
date it becomes final and executory, requiring a sheriff or duly
deputized
officer to execute or enforce final decisions, orders or awards of the
Secretary of Labor and Employment or Regional Director, the Commission,
or the Labor Arbiter or Med-Arbiter, or Voluntary Arbitrator, or Panel
of Voluntary Arbitrators. In any case, it shall be the duty of the
responsible
officer to separately furnish immediately the counsels of record and
the
parties with copies of said decisions, orders or awards. Failure to
comply
with the duty prescribed herein shall subject such responsible officer
to appropriate administrative sanctions.
(B) The Secretary
of Labor and Employment and the Chairman of the Commission may
designate
special sheriffs and take measure under existing laws to ensure
compliance
with their decisions, orders or awards and those of Labor Arbiters and
Voluntary Arbitrators, including the imposition of administrative fines
which shall not be less than Five Hundred Pesos (P500.00) nor more than
Ten Thousand Pesos (P10,000.00).
SECTION 14.
Enforcement of Decisions, Awards or Orders. - Any enforcement
agency
may be deputized by the Secretary of Labor and Employment or by the
Commission
for the enforcement of decisions, awards or orders.
SECTION 15.
Effectivity. - These Interim Rules shall take effect fifteen
(15)
days after its publication in at least two (2) national newspapers of
general
circulation.
SECTION 16.
Unless repealed or contrary to these Interim Rules, existing rules of
the
Commission remain in full force and effect.
SECTION 17.
Transitory Provision. - Appeals filed on or after March 21,
1989,
but prior to the effectivity of these Interim Rules must conform with
the
requirements as herein set forth or as may be directed by the
Commission.
Done in the
City of Manila, this 8th day of August 1989.
(Sgd.)
FRANKLIN
M. DRILON
Chairman
(Sgd.) EDNA
BONTO-PEREZ
Vice-Chairman
(Sgd.)
DANIEL
M. LUCAS,
JR.
(Sgd.) ROSARIO G. ENCARNACION
Commissioner
Commissioner
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(Sgd.)
OSCAR
N.
ABELLA
(Sgd.) CONRADO B. MAGLAYA
Commissioner
Commissioner
(Sgd.)
DOMINGO
H.
ZAPANTA
(Sgd.) CEFERINO E. DULAY
Commissioner
Commissioner
(Sgd.)
MIRASOL
V.
CORLETO
(Sgd.) MUSIB M. BUAT
Commissioner
Commissioner
