NEW RULES OF PROCEDURE OF THE NATIONAL LABOR RELATIONS COMMISSION
the provisions of Article 218 of Presidential
Decree No. 442, as amended, otherwise known as the Labor Code of the
the following rules of procedure governing arbitration proceedings
the Labor Arbiters and the National Labor Relations Commission are
adopted and promulgated:
SECTION 1. Title
of the Rules. — These Rules shall be known as the New Rules of
of the National Labor Relations Commission.
SECTION 2. Construction.
— These Rules shall be liberally construed to carry out the objectives
of the Constitution and the Labor Code of the Philippines and to assist
the parties in obtaining just, expeditious and inexpensive settlement
SECTION 3. Suppletory
application of Rules
of Court and jurisprudence. — In the absence of any applicable
in these Rules, and in order to effectuate the objectives of the Labor
Code, the pertinent provisions of the Revised
Rules of Court of the Philippines and prevailing jurisprudence may,
in the interest of expeditious labor justice and whenever practicable
convenient, be applied by analogy or in a suppletory character and
SECTION 1. Definitions.
— The terms and phrases defined in Article 212 of the Labor Code, as
shall be given the same meanings when used herein.
As used herein,
"Regional Arbitration Branch" shall mean any of the regional
branches, sub-regional branches or provincial extension units of the
SECTION 1. Caption
and Title. — (a) In all cases filed in the Commission or in any of its
Regional Arbitration Branches, the party initiating the action shall be
called the "Complainant" or "Petitioner", and the
party the "Respondent".
(b) The full
names of all the real parties in interest, whether natural or juridical
persons or entities authorized by law, shall be stated in the caption
the complaint or petition as well as in the decisions, awards or
(c) A party
having more than one cause of action against the other party, arising
of the same relationship, shall join all of them in one complaint or
SECTION 2. Issuance
of Summons.— Immediately after receipt of a case assigned to him, the
Arbiter concerned shall issue the required notification and summons,
thereto a copy of the complaint/petition.
SECTION 3. Filing
and Service of Pleadings. — All pleadings in connection with the case
be filed with the appropriate docketing unit of the Regional
Branch; or the Commission as the case may be.
The party filing
the pleadings shall serve the opposing party or parties with a copy
in the manner provided for in these Rules with proof of service thereof.
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SECTION 4. Service
of Notices and Resolutions. — (a) Notices or summons and copies of
resolutions or decisions shall be served on the parties to the case
by the bailiff or duly authorized public officer within three (3) days
from receipt thereof or by registered mail: Provided,
where a party is represented by counsel or authorized representative,
shall be made on such counsel or authorized representative; provided
that in cases of decision and final awards, copies thereof shall be
on both the parties and their counsel; provided finally, that in case
parties are so numerous, service shall be made on counsel and upon such
number of complainants as may be practicable, which shall be considered
substantial compliance with Article 224 (a) of the Labor
Code, as amended.
For the purposes
of computing the period of appeal, the same shall be counted from
of such decisions, awards or orders by the counsel of record.
(b) The bailiff
or officer personally serving the notice, order, resolution or decision
shall submit his return within two (2) days from date of service
stating legibly in his return, his name, the names of the persons
and the date of receipt, which return shall be immediately attached and
shall form part of the records of the case. If no service was effected,
the serving officer shall state the reason therefor in the return.
SECTION 5. Proof
and completeness of service. — The return is prima facie proof of the
indicated therein. Service by registered mail is complete upon receipt
by the addressee or his agent; but if the addressee fails to claim his
mail from the post office within five (5) days from the date of first
of the postmaster, service shall take effect after such time.
SECTION 6. Appearances.
— Attorney appearing for a party is presumed to be properly authorized
for that purpose.
may appear before the Commission or any Labor Arbiter only if:
he represents himself as party to the case;
an organization or its members, provided that he shall be made to
written proof that he is properly authorized or;
(c) he is
duly-accredited member of any legal aid office duly recognized by the
of Justice or the Integrated Bar of the Philippines in cases referred
by the latter.
be made orally or in writing. In both cases, the complete name and
address of both parties shall be made of record and the adverse party
his counsel/representative properly advised.
Any change in
the address of counsel/representative should be filed with the records
of the case and furnished the adverse party or counsel.
Any change or
withdrawal of counsel/representative shall be made in accordance with
SECTION 7. Authority
to bind party. — Attorneys and other representatives of parties shall
authority to bind their clients in all matters of procedure; but they
without a special power of attorney or express consent, enter into a
agreement with the opposing party in full or partial discharge of a
and Disposition of Cases
SECTION 1. Venue.
— (a) All cases which Labor Arbiters have authority to hear and decide
may be filed in the Regional Arbitration Branch having jurisdiction
the workplace of the complaint/petitioner.
of venue, workplace shall be understood as the place or locality where
the employee is regularly assigned when the cause of action arose. It
include the place where the employee is supposed to report back after a
temporary detail, assignment or travel. In the 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/wages or work instructions from, and report the results
of their assignment to, their employers.
(b) Where two
or more Regional Arbitration Branches have jurisdiction over the
of the complainant or petitioner, the Branch that shall first acquire
over the case shall exclude the others.
(c) When improper
venue is not objected to before or at the time of the filing of
papers, such question shall be deemed waived.
(d) The venue
of an action may be changed or transferred to a different Regional
Branch other than where the complaint was filed by written agreement of
the parties or when the Commission or Labor Arbiter before whom the
is pending so orders, upon motion by the proper party in meritorious
SECTION 2. Raffle
and Assignment of Cases. — (a) All complaints and petitions received by
the docket section of the Regional Arbitration Branch, shall be
within twenty four (24) hours from receipt thereof to the Executive
Arbiter for raffle and assignment.
(b) Within forty-eight
(48) hours from receipt of the cases referred to him by the docket
the Executive Labor Arbiter shall assign the same to the different
Arbiters by means of raffle. In exceptional cases, however, as when
is an impending or actual strike or lockout, or when a labor dispute is
reportedly attended by violence, or is causing or likely to cause
disorder or inconvenience, or in places where holding a raffle is not
the Executive Labor Arbiter may assume jurisdiction over such cases or
assign the same to Labor Arbiters who, in his opinion, can effect
settlement or adjudication of the cases.
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(c) All pleadings
subsequent to the filing of the complaint shall be forwarded twenty
(24) hours from receipt thereof to the Labor Arbiter to whom the case
SECTION 3. Consolidation
of Cases.— Where there are two or more cases pending before different
Arbiters in the same Regional Arbitration Branch involving the same
and issues, or the same parties with different issues, whenever
the subsequent case/s shall be consolidated with the first to avoid
costs or delay. Such consolidated cases shall be disposed of the by the
Labor Arbiter to whom the first case was assigned.
In case of objection
to the consolidation, the same shall be resolved by the Executive Labor
SECTION 4. Disposition
of Cases. — Subject to the provisions of Art 263 (g) of the Labor Code,
as amended, when a cases is assigned to a Labor Arbiter, the entire
and any or all incidents thereto shall be considered assigned to him;
the same shall be disposed of in the same proceeding to avoid
of suits or proceedings.
When the Secretary
of Labor and Employment has assumed jurisdiction over a strike or
dispute or certified the same to the Commission, the parties to such
shall immediately inform the Secretary or the Commission as the case
be, of all cases directly related to the disputes between them pending
before any Regional Arbitration Branch, and the Labor Arbiter handling
the same of such assumption or certification. Whereupon all proceedings
before the Labor Arbiter concerning such cases shall be suspended and
Labor Arbiter shall await further instructions.
Before Labor Arbiters
SECTION 1. Jurisdiction
of Labor Arbiter. — The Labor Arbiters shall have original and
jurisdiction to hear and decide all cases involving all workers,
agricultural or non-agricultural as may be provided for by law.
SECTION 2. Mandatory
Conference/Conciliation. — Within two (2) days from receipt of an
case, the Labor Arbiter shall summon the parties to a conference for
purpose of amicably settling the case upon a fair compromise or
the real parties in interest, defining and simplifying the issues in
case, entering into admissions and/or stipulations of facts, and
out all other preliminary matters. The notice or summons shall specify
the date, time and place of the preliminary conference/pre-trial and
be accompanied by a copy of the complaint.
Should the parties
arrive at any agreement as to the whole or any part of the dispute, the
same shall be reduced to writing and signed by the parties and their
counsels, if any, before the Labor Arbiter. The settlement shall be
by the Labor Arbiter after being satisfied that it was voluntarily
into by the parties and after having explained to them the terms and
agreement entered into by the parties not in the presence of the Labor
Arbiter before whom the case is pending shall be approved by him if,
confronting the parties, particularly the complainants, he is satisfied
that they understand the terms and conditions of the settlement and
it was entered into freely and voluntarily by them and the agreement is
not contrary to law, morals, and public policies.
agreement duly entered into in accordance with this Section shall be
and binding upon the parties and the Order approving it shall have the
effect of a judgment rendered by the Labor Arbiter in the final
of the case.
The number of
conferences shall not exceed three (3) settings and shall be terminated
within thirty (30) calendar days from the date of the first conference.
SECTION 3. Submission
of Position Papers/Memorandum. — Should the parties fail to agree upon
an amicable settlement, either in whole or in part, during the
the Labor Arbiter shall issue an order stating therein the matters
up and agreed upon during the conferences and directing the parties to
simultaneously file their respective verified position papers.
position papers shall cover only those claims and causes of action
in the complaint excluding those that may have been amicably settled,
shall be accompanied by all supporting documents including the
of their respective witnesses which shall take the place of the
direct testimony. The parties shall thereafter not be allowed to allege
facts, or present evidence to prove facts, not referred to and any
or causes of action not included in the complaint or position papers,
and other documents. Unless otherwise requested in writing by both
the Labor Arbiter shall direct both parties to submit simultaneously
position papers/memorandum with the supporting documents and affidavits
within fifteen (15) calendar days from the date of the last conference,
with proof of having furnished each other with copies thereof.
SECTION 4. Determination
of Necessity of Hearing. — Immediately after the submission by the
of their position papers/memorandum, the Labor Arbiter shall motu
determine whether there is need for a formal trial or hearing. At this
stage, he may, at his discretion and for the purpose of making such
ask clarificatory questions to further elicit facts or information,
but not limited to the subpoena of relevant documentary evidence, if
from any party or witness.
SECTION 5. Period
to Decide Case. — (a) Should the Labor Arbiter find it necessary to
a hearing, he shall issue an order to that effect setting the date or
for the same which shall be terminated within ninety (90) days from
He shall render
his decision within thirty (30) calendar days, without extension, after
the submission of the case by the parties for decision, even in the
of stenographic notes.
b) If the Labor
Arbiter finds no necessity of further hearing after the parties have
their position papers and supporting documents, he shall issue an Order
to that effect and shall inform the parties, stating the reasons
In any event, he shall render his decision in the case within the same
period provided in paragraph (a) hereof.
SECTION 6. Conciliation
of Disputes. — In all cases, and at any stage of the proceedings, the
Arbiter shall exert all efforts and take positive steps toward
the dispute through conciliation.
SECTION 7. Nature
of Proceedings. — The proceedings before a Labor Arbiter shall be
in nature. Subject to the requirements of due process, the
of law and procedure and the rules obtaining in the courts of law shall
not strictly apply thereto. The Labor Arbiter may avail himself of all
reasonable means to ascertain the facts of the controversy speedily,
ocular inspection and examination of well-informed persons.
SECTION 8. Role
of Labor Arbiter in Proceedings. — The Labor Arbiter shall personally
the conferences/hearings. Except as provided by law, the Labor Arbiter
shall determine the order of presentation of evidence by the parties,
to the requirements of due process. He shall take full control of the
examine the parties and their witnesses to satisfy himself with respect
to the matters at issue, and may allow the parties or their counsel to
ask questions only for the purpose of clarifying points of law or fact
involved in the case. He shall limit the presentation of evidence to
relevant to the issue before him and necessary for a just and speedy
of the case.
SECTION 9. Presentation
of Evidence. — The party initiating the case shall be the first to
his evidence to support his case.
Extent of Cross-Examination. — In the cross-examination of witnesses,
relevant, pertinent and material questions necessary to enlighten the
Labor Arbiter shall be allowed.
Non-appearance of Parties at Conference/Hearings. — (a) Two (2)
absences at a conference/hearing by the complainant or petitioner, who
was duly notified thereof, may be sufficient cause to dismiss the case
without prejudice. Where proper justification, however, is shown by
motion to warrant the re-opening of the case, the Labor Arbiter shall
a second hearing and continue the proceedings until the case is finally
decided. Dismissal of the case for the second time due to the
non-appearance of the complainant or petitioner who was duly notified
shall be with prejudice.
b) In case of
two (2) successive non-appearances by the respondent, despite due
during the complainant's presentation of evidence, the complainant
be allowed to present evidence ex-parte, subject to cross-examination
the respondent, where proper, at the next hearing. Upon completion of
presentation of evidence for the complainant, another notice of hearing
for the reception of the respondent's evidence shall be issued, with a
warning that failure of the respondent to appear shall be construed as
submission by him of the case for resolution without presenting his
c) In case of
two (2) successive unjustified non-appearances by the respondent during
his turn to present evidence, despite due notice, the case shall be
submitted for decision on the basis of the evidence so far presented.
Revival/Re-opening of Dismissed Case. — A party may file with the Labor
Arbiter or Branch or Provincial Units of origin a petition to revive or
re-open a case dismissed without prejudice, within ten (10) calendar
from receipt of notice to the order dismissing the same; otherwise, his
only remedy shall be to re-file the case.
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Postponement of Hearing. — The parties and their counsel or
appearing before a Labor Arbiter shall be prepared for continuos
Postponements or continuances of hearing shall be allowed by the Labor
Arbiter only upon meritorious grounds and subject always to the
of expeditious disposition of cases and the termination of hearings
ninety (90) calendar days. In the event of such postponements or
the Labor Arbiter shall set two or more dates of hearing in advance.
Records of Proceedings. — The proceedings before a Labor Arbiter need
be recorded by stenographers. He shall make a written summary of the
including the substance of the evidence presented, in consultation with
the parties. The written summary shall be signed by the parties and
form part of the records.
Motion to Dismiss. — On or before the date set for the conference, the
respondent may file a motion to dismiss. Any motion to dismiss on the
of lack of jurisdiction, improper venue or that the cause of action is
barred by prior judgment or by prescription, shall be immediately
by the Labor Arbiter by a written order. An order denying the motion to
dismiss or suspending its resolution until the final determination of
case is not appealable.
Contents of Decisions. — The decisions of the Labor Arbiter shall be
and concise and shall include a brief statement of the (a) facts of the
case; (b) issue/s involved; (c) applicable law or rules; (d)
and the reasons therefor; and (e) specific remedy or relief granted.
In cases involving
monetary awards, the decisions or orders of the Labor Arbiter must
the amount awarded.
In case the
decision includes an order of reinstatement, the Labor Arbiter shall
the employer to immediately reinstate the dismissed or separated
even pending appeal. The order or reinstatement shall indicate that 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
of the employer, merely reinstated in the payroll.
Motions for Reconsideration. — No motions for reconsideration of any
or decision of a Labor Arbiter shall be allowed.
SECTION 1. Periods
of Appeal. — Decisions, awards or orders of the Labor Arbiter and the
Administrator shall be final and executory unless appealed to the
by any or both parties within ten (10) calendar days from receipt of
decisions, awards or orders of the Labor Arbiter or of the
and in case of a decision or of the Regional Director or his duly
Hearing Officer within five (5) calendar days from receipt of such
awards or orders. If the 10th or 5th day, as the case may be, falls on
a Saturday, Sunday or a holiday, the last day to perfect the appeal
be the next working day. (As amended, on Nov. 7, 1991.)
SECTION 2. Grounds.
— The appeal may be entertained only on any of the following grounds:
If there is prima facie evidence or abuse of discretion on the
of the Labor Arbiter, Regional Director or duly authorized Hearing
of Administrator of POEA;
(b) If the
order or award was secured through fraud or coercion, including graft
purely on questions of law; and/or
errors in the findings of facts are raised which, if not corrected,
cause grave or irreparable damage or injury to the appellant.
for Perfection of Appeal. — (a) The appeal shall be filed within the
period as provided in Section 1 of this Rule; shall be under oath with
proof of payment of the required appeal fee and the posting of a cash
surety bond as provided in Section 5 of this Rule; shall be accompanied
by a memorandum of appeal which shall state the grounds relied upon and
the arguments in support thereof; the relief prayed for; and a
of the date when the appellant received the appealed decision, order or
award and proof of service on the other party of such appeal.
A mere notice
of appeal without complying with the other requisites aforestated shall
not stop the running of the period for perfecting an appeal.
(b) The appellee
may file with the Regional Arbitration Branch, Regional Office or in
POEA where the appeal was filed, his answer or reply to appellant's
of appeal, not later than ten (10) calendar days from receipt thereof.
Failure on the part of the appellee who was properly furnished with a
of the appeal to file his answer or reply within the said period may be
construed as a waiver on his part to file the same.
to the provisions of Article 218, once the appeal is perfected in
with these rules, the Commission may limit itself to reviewing and
specific issues that were elevated on appeal.
SECTION 4. Where
Filed. — The appeal in five (5) legibly typewritten copies shall be
with the respective Regional Arbitration Branch, the Regional Office,
the Philippine Overseas Employment Administration where the case was
SECTION 5. Appeal
Fee.— The appellant shall pay an appeal fee of One hundred (P100.00)
to the Regional Arbitration Branch, Regional Office, or to the
Overseas Employment Administration and the official receipt of such
shall be attached to the records of the case.
SECTION 6. Bond.
— In case the decision of a Labor Arbiter POEA Administrator and
Director or his duly authorized hearing officer involves a monetary
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
by the Commission or the Supreme Court in an amount equivalent to the
award, exclusive of moral and exemplary damages and attorney's fees.
as well as counsel shall submit a joint declaration under oath
that the surety bond posted is genuine and that it shall be in effect
final disposition of the case.
may, in meritorious cases and upon Motion of the Appellant, reduce the
amount of the bond. (As amended by Nov. 5, 1993)
SECTION 7. No
Extension of Period. — No motion or request for extension of the period
within which to perfect an appeal shall be allowed.
SECTION 8. Immediate
Transmittal of Records and Appeal. — Within forty-eight (48) hours
the filing of the reply or opposition of the appellee, or after the
of the period to file the same, the entire records of the case,
with the memorandum of appeal and the reply or answer thereto, if any,
proofs of service, of payment of the appeal fee, and of the posting of
the required bond, shall be transmitted by the Executive bond, shall be
transmitted by the Executive Labor Arbiter, Regional Director or POEA
to the appropriate Division of the Commission.
SECTION 9. Records
of Cases. — The records of a case shall contain, among others, a
narration of what transpired in the arbitration stage in the form of
including all original pleadings, notices, transcripts of stenographic
notes, if any, proof of service of the decision, order or award and
documents, which shall be chronologically arranged and appropriately
Period to Resolved Appeal. — The Commission shall resolve the appeal
the decision, order or award of the Labor Arbiter and the Administrator
within twenty (20) calendar days from receipt of the answer of the
or upon the filing of the last pleading or memorandum required by this
Rules. In case of appeal from the decision of the Regional Director or
his duly authorized Hearing Officer, the same shall be resolved within
ten (10) calendar days.
For this purpose,
a case or motion shall be deemed submitted for resolution upon the
of the last pleading or memorandum required.
Frivolous or Dilatory Appeals. — To discourage frivolous or dilatory
the Commission on Labor Arbiter may impose a reasonable penalty,
fine or censure, upon the erring parties.
Appeals from decision of Other Agencies. — The rules provided herein
appeals from the decisions or orders of Labor Arbiters shall apply to
to the Commission from decisions or orders of other offices or agencies
appealable to the Commission according to law. (As amended on May 21,
before the Commission
SECTION 1. Jurisdiction
of the Commission. — The Commission shall exercise exclusive, original,
and appellate jurisdiction in accordance with law.
SECTION 2. Internal
functioning of the Commission en banc and its Division. — The
composed of the Chairman and of fourteen (14) members shall sit en banc
only for purposes of promulgating rules and regulations governing the
and disposition of cases before its Divisions and Regional Arbitration
Branches, and for the formulation of policies affecting its
— Unless otherwise provided by law, the Commission shall exercise its
and all other powers functions and duties through its five (5)
Each Division shall consist of one member from the public sector who
act as the Presiding Commissioner and one member each from the workers
and employers sectors, respectively.
Of the five
(5) Divisions, the first and second Division shall have exclusive
jurisdiction over appeals of cases coming from the National Capital
and the POEA; the Third Division, appealed cases from Luzon (Regions I,
including the Cordillera Administrative Region II, III, IV except Metro
Manila and V); Fourth Division, appealed cases from Visayas (Regions
VII, and VIII); and, the Fifth Division, appealed cases from Mindanao
IX, X, XI and XII, including those from the Mindanao Autonomous Region).
Branches and Provincial Units. — A provided by law the Commission and
First, Second and Third Divisions shall have their main office in
Manila, and the Fourth and Fifth Divisions in the Cities of Cebu and
de Oro, respectively.
SECTION 3. The
Chairman. — The Chairman, shall preside over all sessions of the
en banc. He is the Presiding Commissioner of the First Division. In
of the effective absence or incapacity of the Chairman, the Presiding
or the Second Division shall be the Acting Chairman.
aided by the Executive Clerk of the Commission, shall have
supervision over the Commission and its Regional Branches and all its
including the Executive Labor Arbiters and Labor Arbiters.
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SECTION 4. Quorum
and Vote. — (a) Commission en banc. The presence of a majority
all the members of the Commission shall be necessary to constitute a
to deliberate on and decide any matter before it. The vote or
of majority of the members constituting a quorum shall constitute the
or resolution of the Commission en banc.
— The presence of at least two (2) Commissioners of a Division shall
a quorum to decide any case/matter before it. The concurrence of two
Commissioners of a Division shall be necessary for the pronouncement of
a judgment or resolution.
required membership in a Division is not complete and the concurrence
two (2) Commissioners to arrive at a judgment or resolution cannot
the Chairman shall designate such number of additional Commissioners
the other Divisions as may be necessary from the same sector.
(c) Role of
Chairman in the Division. — The Chairman of the Commission may convene
and preside over the session of any Division to consider any case
before it and participate in its deliberations, if in his judgment his
presence therein will best serve the interest of labor justice. He
not, however, participate in the voting by the Division, except when he
is acting as Presiding Commissioner of the Division in the absence of
regular Presiding Commissioner.
SECTION 5. Consultation.
— The conclusions of a Division on any case/matter submitted to it for
decision shall be reached in consultation before the case is assigned
a member for the writing of the opinion. It shall be mandatory for the
Division to meet for the purpose of the consultation ordained herein.
to this effect signed by the Presiding Commissioner of the Division
be issued and a copy thereof attached to the record of the case and
upon the parties.
SECTION 6. Dissenting
Opinion. — Should any member indicate his intention to write a
opinion, he may file the same within the period prescribed for deciding
or resolving the appeal; otherwise, such written dissenting opinion
not be considered part of the records of the case.
SECTION 7. Inhibition.
— Any Commissioner may inhibit himself from the consideration and
of any case/matter before the Division and shall so state in writing
legal or justifiable grounds therefor. In the event that a member
himself, the case shall be raffled by the Executive Clerk or Deputy
Clerk to either of the two (2) remaining Commissioners.
SECTION 8. Abstention.
— In such an event and the concurrence of two (2) Commissioners to
at a judgment or resolution cannot be obtained, Section 4 (b) par. 2 of
this Rules shall apply.
SECTION 9. Consolidation
of Cases. — Appealed cases involving the same parties/issues/and/or
questions of facts or of law shall be consolidated before the
to whom the case with the lowest number is assigned. Notice of the
shall be given by the Executive Clerk or Deputy Clerk to the other
of the Division.
Technical rules not binding. — The rules of procedure and evidence
in courts of law and equity shall not be controlling and the Commission
shall use every and all reasonable means to ascertain the facts in each
case speedily and objectively, without regard to technicalities of law
procedure, all in the interest of due process.
In any proceeding
before the Commission, the parties may be represented by legal counsel
but it shall be the duty of the Chairman, any Presiding commissioner or
Commissioner to exercise complete control of the proceedings at all
Duty to conciliate and mediate. — In the exercise of its original
the Commission shall exert all efforts towards the amicable settlement
of a labor dispute on or before the first hearing.
Role of the Labor Arbiter Assigned to the Commission. — In the
of cases mentioned in Rule IX, the Commission shall be assigned by the
Labor Arbiter who may be directed to study, review, hear and receive
and submit reports thereto.
Form of Decision/Resolution/Order. — The Decision/Resolution shall
clearly and distinctly the findings of facts, issues and conclusions of
law on which it is based and the relief granted, if any. If the
or resolution involves monetary awards, the same shall contain the
amount awarded as of the date the decision is rendered.
Motions for Reconsideration. — Motions for reconsideration of any
resolution or decision of the Commission shall not be entertained
when based on palpable or patent errors, provided that the motion is
oath and filed within ten (10) calendar days from receipt of the order,
resolution or decision, with proof of service that a copy of the same
been furnished, within the reglementary period, the adverse party and
further, that only one such motion from the same party shall be
Period to Decide/Resolve, Certification thereto. — The Commission shall
decide/resolve all cases/matters with the prescribed period.
In the event
that a case/matter has not been decided/resolved within the prescribed
period the Chairman/Presiding Commissioners shall certify why do
has been issued within the said period and a copy thereof served upon
SECTION 1. Issuance
of Writ. — (a) Execution shall issue upon an order, resolution or
that finally disposes of the action or proceedings after the counsels
record and the parties shall have been furnished with copies of the
in accordance with these Rules but only after the expiration of the
of appeal if no appeal has been duly perfected.
The Labor Arbiter,
POEA Administrator or the Regional Director, or his duly authorized
officer of origin shall, motu proprio or upon motion of any interested
party, issue a writ of execution on a judgment only within five (5)
from the date it becomes final and executory, so requiring the sheriff
or duly deputized officer to execute the same. No motion for execution
shall be entertained nor a writ be issued unless the Labor Arbiter is
possession of the records of the case which shall include an entry of
(b) Effect of
bond. — The posting of a bond by the employer shall not stay the
SECTION 2. Finality
of decisions of the Commission. — (a) Finality of the decisions,
or orders of the Commission. Except as provided in Rule XI, Section 10,
the decisions, resolutions orders of the Commission/Division shall
executory after (10) calendar days from receipt of the same. (As
on May 21, 1991)
(b) Effect of
the filing of a motion for reconsideration. — Should there be a motion
for reconsideration entertained pursuant to Section 14, Rule VII of
Rules, the decision shall be executory after ten (10) calendar days
receipt of the resolution on such motion.
(c) Entry of
judgment. — Upon the expiration of the ten (10) calendar day period
in Section 2(a) and (b) hereof, the order/resolution shall, immediately
thereafter, be entered in the book of entry of judgment. (As amended on
May 21, 1991)
SECTION 3. Computation.
— The Labor Arbiter of origin in cases involving monetary awards and at
all events as far as practicable, shall embody in any such decision or
order the detailed and full amount awarded.
In the case
of an employee who is unjustly dismissed his full backwages shall
allowances, and other benefits or their monetary equivalent computed
the time his compensation was withheld from him up to the time of his
not covered by Section 16, Rule V, but where further computation of the
judgment amount is necessary, no execution shall issue until after the
computation shall have been approved by the Labor Arbiter after the
shall have been duly notified and heard thereon.
SECTION 4. Enforcement
of Writ. — In executing an order, resolution or decision, the sheriff
other officer acting as such, shall be guided strictly by the Sheriff's
Manual which shall form part of these Rules, and in the absence of
rules, the Rules
SECTION 5. Designation
of Special Sheriff's and Imposition of Fines. — The Chairman of the
may designate special sheriffs and take any measure under existing laws
to ensure compliance with their decisions, orders or awards and those
Labor Arbiters, including the imposition of administrative fines which
shall not be less than P500.00 nor more than P10,000.00.
SECTION 6. Stay
of Execution. — Even of orders, or decisions/resolutions involving
awards issued or promulgated prior to the effectivity of Republic
Act 6715 may be stayed upon the approval by the Commission of a
supersedeas bond filed by the appellant.
SECTION 1. Policy
and Purpose. — It is the declared policy and purpose of certification
Labor disputes for compulsory arbitration to ensure and maintain
peace based on social justice and national interest by having a full
complete settlement or adjudication of all labor disputes between the
as well as issues that are relevant to or incidents of the certified
SECTION 2. Certified
Labor Disputes. — Certified labor disputes are cases certified to the
for compulsory arbitration under Article 263(g) of the Labor
SECTION 3. Role
of the Chairman. — Upon receipt by the Commission of the certification
order, the Chairman shall either personally handle the case or
assign the same to the appropriate Division of the Commission for
and disposition, for this purpose, the Chairman or the assigned
may, by himself, conciliate the parties and/or receive the evidence, or
by written Order designate a Labor Arbiter to do the same for and in
After the termination
of the proceedings, the Chairman or the assigned Commissioner or Labor
Arbiter, as the case maybe, shall immediately submit a report and
to the appropriate Division of the Commission for discussion and
SECTION 4. Period
to Resolve. — The Commission, sitting in the appropriate Division shall
decide or resolve the certified dispute within thirty (30) calendar
from the date of the submission of the dispute for resolution.
SECTION 5. Effects
of Certification. — (a) Upon certification, the intended or impending
or lockout is automatically enjoined, notwithstanding the filing of any
motion for reconsideration of the certification order nor the
of any such motion which may have been duly submitted to the Office of
the Secretary of Labor and Employment. If a work stoppage has already
place at the time of the certification, all striking or locked out
shall immediately return to work and the employer shall immediately
operations and readmit all workers under the same terms and conditions
prevailing before the strike or lockout.
(b) All cases
between the same parties except where the Certification Order specifies
its issues submitted for arbitration that are already filed or may be
that are relevant to or proper incidents of the certified case, shall
considered subsumed or absorbed by the certified case and shall be
by the Commission, sitting in the appropriate Division.
Whenever a certified
labor dispute involves a business entity with several workplaces
in different regions, the division having territorial jurisdiction over
the principal office of the company shall acquire jurisdiction to
such labor dispute, unless the certification order provides otherwise.
SECTION 6. Effects
of Defiance. — Non-compliance with certification order of the Secretary
of Labor and Employment or a return to work order of the Commission
be considered an illegal act committed in the course of the strike or
and shall authorize the Secretary of Labor and Employment or the
as the case may be, to enforce the same under pain of loss of
status or entitlement to full employment benefits from the locking-out
employer or backwages, damages and/or other positive and/or affirmative
reliefs, even to criminal prosecution against the liable party/ies.
may also seek the assistance of law enforcement agencies to ensure
of its orders/resolutions.
SECTION 1. Direct
contempt. — (a) The Chairman or Commissioner/s or any Labor Arbiter may
summarily adjudge guilty of direct contempt any person committing any
of misbehavior in the presence of or so near the Chairman or any
or Labor Arbiter as to obstruct or interrupt the proceedings before the
same, including disrespect toward said officials, offensive acts toward
others, or refusal to be sworn or to answer as a witness or to
to an affidavit or deposition when lawfully required to do so. If the
is committed against the Commission or any member thereof, the same
be punished by a fine not exceeding five hundred pesos (P500) or
not exceeding five (5) days, or both; and, if the offense is committed
against any Labor Arbiter the same shall be punished by a fine not
One Hundred Pesos (P100.00) or imprisonment not exceeding one (1) day,
(b) Any person
adjudged guilty of direct contempt by a Labor Arbiter may, within a
of five (5) calendar days from notice of the judgment, appeal the same
to the Commission and the execution of said judgment shall be suspended
pending resolution of the appeal upon the filing by said person of a
on condition that he will abide by and perform the judgment should the
appeal be decided against him. A judgment of the Commission on direct
shall be immediately executory and inappealable.
SECTION 2. Indirect
Contempt. — The Commission or any Labor Arbiter may also cite any
for indirect contempt upon grounds and in the manner prescribed under
71 of the Revised
Rules of Court.
SECTION 1. Injunction
in Ordinary Labor Disputes. — A preliminary injunction or a restraining
order may be granted by the Commission through its divisions pursuant
the provisions of paragraph (e) of Article 218 of the Labor
Code, as amended, when it is established on the bases of the sworn
allegations in the petition that the acts complained of, involving or
from any labor dispute before the Commission, which, if not restrained
or performed forthwith, may cause grave or irreparable damage to any
or render ineffectual any decision in favor of such party.
the Commission may require the petitioner to post a bond and writ of
injunction or restraining order shall become effective only upon the
the bond which shall answer for any damage that may be suffered by the
party enjoined, if it is finally determined that the petitioner is not
ancillary power may be exercised by the Labor Arbiters only as an
to the cases pending before them in order to preserve the rights of the
parties during the pendency of the case, but excluding labor disputes
strike or lockout.
SECTION 2. Injunction
in strikes or lockouts. — A temporary or permanent injunction may be
by the Commission only after hearing the testimony of witness and with
opportunity for cross-examination in support of the allegations of the
complaint or petition made under oath, and testimony by way of
thereto, if offered, and only after a finding of fact by the Commission
prohibited or unlawful acts have been threatened and will be committed
unless restrained, but no injunction or temporary restraining order
be issued by reason of any threat, prohibited or unlawful act, except
the person or persons, association or organization making the threat or
committing the prohibited or unlawful act or actually authorizing or
the same after actual knowledge thereof;
and irreparable injury to complainant's property will follow;
(c) as to
item or relief to be granted, greater injury will be inflicted upon the
complainant by the denial of relief that will be inflicted upon
by the granting of relief;
has no adequate remedy at law; and
officers charged with the duty to protect complainant's property are
or unwilling to furnish adequate protection.
Notice Thereof. — Such hearing shall be held after due and personal
thereof has been served, in such manner as the Commission shall direct,
to all known persons against whom relief is sought, and also to the
Executive and other public officials of the province or city within
the unlawful acts have been threatened or committed charged with the
to protect complainant's property.
SECTION 4. Temporary
Restraining Order; Requisites. — If the petitioner shall also allege
unless a temporary restraining order shall be issued without notice, a
substantial and irreparable injury to complaint's property will be
such a temporary restraining order may be issued upon testimony under
or by affidavits of the petitioners witnesses, sufficient, if
to justify the Commission in issuing a temporary injunction.
SECTION 5. Effectivity
of a Temporary Restraining Order. — A temporary restraining order shall
be effective for no longer than twenty (20) days and shall become void
at the expiration of said twenty (20) days. During the said period, the
parties shall be required to present evidence to substantiate their
positions in the main petition.
SECTION 6. Surety
Bond. — No temporary restraining order or temporary injunction shall be
issued except on condition that complainant shall first file an
with adequate security in an amount to be fixed by the Commission,
in no case shall be less than ten thousand pesos (P10,000.00) to
those enjoined for any loss, expense or damage caused by the
or erroneous issuance of such order or injunction, including all
costs, together with a reasonable attorney's fee, and expense of
against the order or against the granting of any injunctive relief
in the same proceeding and subsequently denied by the Commission.
herein mentioned shall be understood to constitute an agreement entered
into by the complainant and the surety upon which an order may be
in the same suit or proceeding against said complainant and surety,
a hearing to assess damages, of which hearing complainant and surety
have reasonable notice, the said complainant and surety submitting
to the jurisdiction of the Commission for that purpose.
SECTION 7. Ordinary
Remedy in Law or in Equity. — Nothing herein contained in this Rule
deprive any party having a claim or cause of action under or upon such
undertaking from electing to pursue his ordinary remedy by suit at law
or in equity.
SECTION 8. Reception
of Evidence; Delegation. — The reception of evidence for the
of a writ of injunction may be delegated by the Commission to any of
Labor Arbiters who shall conduct such hearings in such places as he may
determine to be accessible to the parties and their witnesses and shall
thereafter submit his report to the Commission within fifteen (15) days
from such delegation.
SECTION 9. Ocular
inspection. — The Chairman, any Commissioner, Labor Arbiter or their
authorized representatives may at any time during working hours conduct
an ocular inspection on any establishment, building, ship or vessel,
or premises, including any work, material implement, machinery,
or any object therein, and ask any employee, laborer or any person, as
the case may be, for any information or data concerning any matter of
relative to the object of the petition.
The ocular inspection
reports shall be submitted to the appropriate Division within
(24) hours from the conduct thereof.
Effectivity of orders/resolutions; Effects of Defiance. — The order
enjoining the commission of illegal acts shall be immediately executory
accordance with the terms thereof. In case of non-compliance with such
Order or Resolution of the Commission enjoining the commission of
acts, the Commission shall impose such sanctions and/or issue such
as may be necessary to implement the said Order or Resolution,
the enlistment of law enforcement agency having jurisdiction over the
for purpose of enforcing the same. (As amended on May 21, 1991)
Seal and Record and Powers and Duties of Commission Officials
SECTION 1. Seal
of the Commission. — The seal of the National Labor Relations
shall be of standard size, circuit with the inscription, running from
and right on the upper outside edge, of the words "National Labor
Commission", and the lower outside edge, the words "Republic of
the Philippines", with a design at the center containing the coat
arms of the Department of Labor and Employment.
SECTION 2. The
Executive Clerk. — The Executive Clerk shall assist the Commission when
sitting en banc and, when acting thru the First Division shall perform
such similar or equivalent functions and duties as are discharged by
Clerk of Court of the Court of Appeals.
SECTION 3. Deputy
Executive Clerks. — The Deputy Executive Clerks for the Second, Third,
Fourth and Fifth Divisions shall assist the Commission when acting thru
its Division and shall perform similar functions and duties as
by the Deputy Clerks of Court of Appeals and as enumerated herein
of the Executive Clerk relative to their respective Divisions.
SECTION 4. Duties
and Functions of the Executive Clerk/Deputy Executive Clerk. —
Custody of Seal and Books. — He shall keep in his care and custody the
Seal of the Commission, together with all the books necessary for the
of the proceedings of the Commission, including the records, files and
Pleadings. — He shall receive and file all cases/pleadings and
indicating thereon the date and time filed. All pleadings shall be
in five (5) legibly typewritten copies in legal size;
of Cases. — He shall assign appealed cases for study/report strictly by
raffle while cases of original jurisdiction may be assigned by raffle
as directed by the Chairman. In this connection, the raffle of cases
study/report must be attended by the duly designated representatives of
the Members of the appropriate Division;
of Processes, Order, Decisions. — He shall serve all parties and
processes, notices of hearings, copies of Decisions/Resolutions/Orders
issued by the Commission by mail or by personal service and immediately
attach the returns thereof to the records;
Calendar/Minutes Book. — He shall prepare the Commission/Division
of sessions, attend such sessions personally and immediately prepare
Minutes thereof. For this purpose, he shall keep a Minutes Book:
Docket. — The Executive Clerk shall keep a General Docket for the
each page of which shall be numbered and prepared for receiving all the
entries in a single page, and shall enter therein all original and
cases before it, numbered consecutively in the order in which they were
received and, under the heading of each case, the date and hour of each
pleading filed, of each order, decision or resolution entered, and of
other step or action taken in the case; so that, by reference to any
page, the history of the case may be known.
book. — He shall promulgate Decisions/Final Resolutions on the same
the same is filed with his office and indicate the date and time of
and attest the same by his signature on the first page thereof. He
immediately furnish the Chairman with a copy of such
with a summary of the nature thereof and the issue involved therein. He
shall keep a Promulgation Book which indicates the date and time of
the case number, tittle of the case, the ponente, the nature of the
Decision and the action taken by the Commission by quoting the
portion thereof. Notices of said Decision/Resolutions/Orders shall be
in sealed envelopes to parties/counsels within forty eight (48) hours
Judgment. — He shall keep a Book of Entry of Judgment, Orders,
and Decisions containing in chronological order the entries of all
Orders, Decision, Resolutions of the Commission. (As amended on May 21,
of Records. — Upon entry of judgment, he shall immediately remand the
of the case to the Arbitration Branch of origin, the POEA Administrator
or Regional Director or his duly authorized officer, as the case may
The Records Section shall immediately post said records without delay
two (2) working days.
Accomplishment Reports. — He shall submit a Monthly Accomplishment
of the Commission/Division not later than the 7th day of the following
— He shall perform other functions as directed by the Chairman or the
of Certified Copies. — Unless otherwise restricted by Section 6 hereof,
the Executive Clerk/Deputy Execution Clerk shall prepare, for any
asking for the same, a certified copy, under the Seal of the
of any paper, record, decision, resolution, order or entry by and his
proper to be certified, after payment of the standard fees to the
duly receipted for: Provided
, That a pauper litigant, as defined
by law, shall be exempted from paying any fee for certified copies of
document, including transcripts of stenographic notes.
SECTION 6. Power
to Administrator Oath. — The Chairman, Members of the Commission, the
Clerk, the Deputy Executive Clerks, the Executive Labor Arbiters, the
Arbiters, and other persons designated or commissioned by the Chairman
of the Commission shall have the power to administer oath on all
or proceedings related to the performance of their duties.
SECTION 7. Access
to Commission Records. — All official records of the Commission shall
open to the public during regular office hours, except those kept by it
in the nature of confidential reports, records or communications which
cannot be divulged without violating private rights or prejudicing the
public interest. Minutes of hearing/sessions may not be divulged until
after promulgation of the Decision/Resolution.
SECTION 1. Effectivity.
— These New Rules shall take effect fifteen (15) days after their
in two (2) newspapers of general circulation.
(Sgd.) EDNA BONTO-PEREZ
(Sgd.) ROGELIO I. RAYALA
(Sgd.) VICENTE S. E. VELOSO III
(Sgd.) LOURDES C. JAVIER
(Sgd.) BERNABE S. BATUHAN
(Sgd.) OSCAR N. ABELLA
(Sgd.) LEON G. GONZAGA, JR.
E. DE LEON