THE
NEW RULES OF PROCEDURE OF THE NATIONAL LABOR RELATIONS COMMISSION
Pursuant to
the provisions of Article 218 of Presidential
Decree No. 442, as amended, otherwise known as the Labor Code of the
Philippines,
the following rules of procedure governing arbitration proceedings
before
the Labor Arbiters and the National Labor Relations Commission are
hereby
adopted and promulgated:
RULE I
Title and
Construction
SECTION 1. Title
of the Rules. — These Rules shall be known as the New Rules of
Procedure
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
of
labor disputes.
SECTION 3. Suppletory
application of Rules
of Court and jurisprudence. — In the absence of any applicable
provision
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
and
convenient, be applied by analogy or in a suppletory character and
effect.
RULE II
Definition
of Terms
SECTION 1. Definitions.
— The terms and phrases defined in Article 212 of the Labor Code, as
amended,
shall be given the same meanings when used herein.
As used herein,
"Regional Arbitration Branch" shall mean any of the regional
arbitration
branches, sub-regional branches or provincial extension units of the
Commission.
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
opposing
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
of
the complaint or petition as well as in the decisions, awards or
judgments.
(c) A party
having more than one cause of action against the other party, arising
out
of the same relationship, shall join all of them in one complaint or
petition.
SECTION 2. Issuance
of Summons.— Immediately after receipt of a case assigned to him, the
Labor
Arbiter concerned shall issue the required notification and summons,
attaching
thereto a copy of the complaint/petition.
SECTION 3. Filing
and Service of Pleadings. — All pleadings in connection with the case
shall
be filed with the appropriate docketing unit of the Regional
Arbitration
Branch; or the Commission as the case may be.
The party filing
the pleadings shall serve the opposing party or parties with a copy
thereof
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
orders,
resolutions or decisions shall be served on the parties to the case
personally
by the bailiff or duly authorized public officer within three (3) days
from receipt thereof or by registered mail: Provided,
That
where a party is represented by counsel or authorized representative,
service
shall be made on such counsel or authorized representative; provided
further
that in cases of decision and final awards, copies thereof shall be
served
on both the parties and their counsel; provided finally, that in case
where
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
receipt
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
thereof,
stating legibly in his return, his name, the names of the persons
served
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
facts
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
notice
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.
A non-lawyer
may appear before the Commission or any Labor Arbiter only if:
(a)
he represents himself as party to the case;
(b) he
represents
an organization or its members, provided that he shall be made to
present
written proof that he is properly authorized or;
(c) he is
a
duly-accredited member of any legal aid office duly recognized by the
Department
of Justice or the Integrated Bar of the Philippines in cases referred
thereto
by the latter.
Appearances may
be made orally or in writing. In both cases, the complete name and
office
address of both parties shall be made of record and the adverse party
or
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
the
Rules
of Court.
SECTION 7. Authority
to bind party. — Attorneys and other representatives of parties shall
have
authority to bind their clients in all matters of procedure; but they
cannot,
without a special power of attorney or express consent, enter into a
compromise
agreement with the opposing party in full or partial discharge of a
client's
claim.
RULE IV
Venue,
Assignment
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
over
the workplace of the complaint/petitioner.
For purposes
of venue, workplace shall be understood as the place or locality where
the employee is regularly assigned when 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 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
workplace
of the complainant or petitioner, the Branch that shall first acquire
jurisdiction
over the case shall exclude the others.
(c) When improper
venue is not objected to before or at the time of the filing of
position
papers, such question shall be deemed waived.
(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.
SECTION 2. Raffle
and Assignment of Cases. — (a) All complaints and petitions received by
the docket section of the Regional Arbitration Branch, shall be
referred
within twenty four (24) hours from receipt thereof to the Executive
Labor
Arbiter for raffle and assignment.
(b) Within forty-eight
(48) hours from receipt of the cases referred to him by the docket
officer,
the Executive Labor Arbiter shall assign the same to the different
Labor
Arbiters by means of raffle. In exceptional cases, however, as when
there
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
public
disorder or inconvenience, or in places where holding a raffle is not
practicable,
the Executive Labor Arbiter may assume jurisdiction over such cases or
assign the same to Labor Arbiters who, in his opinion, can effect
immediate
settlement or adjudication of the cases.
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(c) All pleadings
subsequent to the filing of the complaint shall be forwarded twenty
four
(24) hours from receipt thereof to the Labor Arbiter to whom the case
is
assigned.
SECTION 3. Consolidation
of Cases.— Where there are two or more cases pending before different
Labor
Arbiters in the same Regional Arbitration Branch involving the same
employer
and issues, or the same parties with different issues, whenever
practicable,
the subsequent case/s shall be consolidated with the first to avoid
unnecessary
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
Arbiter.
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
case
and any or all incidents thereto shall be considered assigned to him;
and
the same shall be disposed of in the same proceeding to avoid
multiplicity
of suits or proceedings.
When the Secretary
of Labor and Employment has assumed jurisdiction over a strike or
lockout
dispute or certified the same to the Commission, the parties to such
dispute
shall immediately inform the Secretary or the Commission as the case
may
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
the
Labor Arbiter shall await further instructions.
RULE V
Proceedings
Before Labor Arbiters
SECTION 1. Jurisdiction
of Labor Arbiter. — The Labor Arbiters shall have original and
exclusive
jurisdiction to hear and decide all cases involving all workers,
whether
agricultural or non-agricultural as may be provided for by law.
SECTION 2. Mandatory
Conference/Conciliation. — Within two (2) days from receipt of an
assigned
case, the Labor Arbiter shall summon the parties to a conference for
the
purpose of amicably settling the case upon a fair compromise or
determining
the real parties in interest, defining and simplifying the issues in
the
case, entering into admissions and/or stipulations of facts, and
threshing
out all other preliminary matters. The notice or summons shall specify
the date, time and place of the preliminary conference/pre-trial and
shall
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
respective
counsels, if any, before the Labor Arbiter. The settlement shall be
approved
by the Labor Arbiter after being satisfied that it was voluntarily
entered
into by the parties and after having explained to them the terms and
consequences
thereof.
A compromise
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,
after
confronting the parties, particularly the complainants, he is satisfied
that they understand the terms and conditions of the settlement and
that
it was entered into freely and voluntarily by them and the agreement is
not contrary to law, morals, and public policies.
A compromise
agreement duly entered into in accordance with this Section shall be
final
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
disposition
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
conferences,
the Labor Arbiter shall issue an order stating therein the matters
taken
up and agreed upon during the conferences and directing the parties to
simultaneously file their respective verified position papers.
These verified
position papers shall cover only those claims and causes of action
raised
in the complaint excluding those that may have been amicably settled,
and
shall be accompanied by all supporting documents including the
affidavits
of their respective witnesses which shall take the place of the
latter's
direct testimony. The parties shall thereafter not be allowed to allege
facts, or present evidence to prove facts, not referred to and any
cause
or causes of action not included in the complaint or position papers,
affidavits
and other documents. Unless otherwise requested in writing by both
parties,
the Labor Arbiter shall direct both parties to submit simultaneously
their
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
parties
of their position papers/memorandum, the Labor Arbiter shall motu
proprio
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
determination,
ask clarificatory questions to further elicit facts or information,
including
but not limited to the subpoena of relevant documentary evidence, if
any
from any party or witness.
SECTION 5. Period
to Decide Case. — (a) Should the Labor Arbiter find it necessary to
conduct
a hearing, he shall issue an order to that effect setting the date or
dates
for the same which shall be terminated within ninety (90) days from
initial
hearing.
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
absence
of stenographic notes.
b) If the Labor
Arbiter finds no necessity of further hearing after the parties have
submitted
their position papers and supporting documents, he shall issue an Order
to that effect and shall inform the parties, stating the reasons
therefor.
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
Labor
Arbiter shall exert all efforts and take positive steps toward
resolving
the dispute through conciliation.
SECTION 7. Nature
of Proceedings. — The proceedings before a Labor Arbiter shall be
non-litigious
in nature. Subject to the requirements of due process, the
technicalities
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,
including
ocular inspection and examination of well-informed persons.
SECTION 8. Role
of Labor Arbiter in Proceedings. — The Labor Arbiter shall personally
conduct
the conferences/hearings. Except as provided by law, the Labor Arbiter
shall determine the order of presentation of evidence by the parties,
subject
to the requirements of due process. He shall take full control of the
proceedings,
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
matters
relevant to the issue before him and necessary for a just and speedy
disposition
of the case.
SECTION 9. Presentation
of Evidence. — The party initiating the case shall be the first to
present
his evidence to support his case.
SECTION 10.
Extent of Cross-Examination. — In the cross-examination of witnesses,
only
relevant, pertinent and material questions necessary to enlighten the
presiding
Labor Arbiter shall be allowed.
SECTION 11.
Non-appearance of Parties at Conference/Hearings. — (a) Two (2)
successive
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
proper
motion to warrant the re-opening of the case, the Labor Arbiter shall
call
a second hearing and continue the proceedings until the case is finally
decided. Dismissal of the case for the second time due to the
unjustified
non-appearance of the complainant or petitioner who was duly notified
thereof
shall be with prejudice.
b) In case of
two (2) successive non-appearances by the respondent, despite due
notice,
during the complainant's presentation of evidence, the complainant
shall
be allowed to present evidence ex-parte, subject to cross-examination
by
the respondent, where proper, at the next hearing. Upon completion of
such
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
evidence.
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
considered
submitted for decision on the basis of the evidence so far presented.
SECTION 12.
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
days
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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SECTION 13.
Postponement of Hearing. — The parties and their counsel or
representative
appearing before a Labor Arbiter shall be prepared for continuos
hearing.
Postponements or continuances of hearing shall be allowed by the Labor
Arbiter only upon meritorious grounds and subject always to the
requirement
of expeditious disposition of cases and the termination of hearings
within
ninety (90) calendar days. In the event of such postponements or
continuances,
the Labor Arbiter shall set two or more dates of hearing in advance.
SECTION 14.
Records of Proceedings. — The proceedings before a Labor Arbiter need
not
be recorded by stenographers. He shall make a written summary of the
proceedings,
including the substance of the evidence presented, in consultation with
the parties. The written summary shall be signed by the parties and
shall
form part of the records.
SECTION 15.
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
ground
of lack of jurisdiction, improper venue or that the cause of action is
barred by prior judgment or by prescription, shall be immediately
resolved
by the Labor Arbiter by a written order. An order denying the motion to
dismiss or suspending its resolution until the final determination of
the
case is not appealable.
SECTION 16.
Contents of Decisions. — The decisions of the Labor Arbiter shall be
clear
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)
conclusions
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
contain
the amount awarded.
In case the
decision includes an order of reinstatement, the Labor Arbiter shall
direct
the employer to immediately reinstate the dismissed or separated
employee
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
option
of the employer, merely reinstated in the payroll.
SECTION 17.
Motions for Reconsideration. — No motions for reconsideration of any
order
or decision of a Labor Arbiter shall be allowed.
SECTION 1. Periods
of Appeal. — Decisions, awards or orders of the Labor Arbiter and the
POEA
Administrator shall be final and executory unless appealed to the
Commission
by any or both parties within ten (10) calendar days from receipt of
such
decisions, awards or orders of the Labor Arbiter or of the
Administrator,
and in case of a decision or of the Regional Director or his duly
authorized
Hearing Officer within five (5) calendar days from receipt of such
decisions,
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
shall
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:
(a)
If there is prima facie evidence or abuse of discretion on the
part
of the Labor Arbiter, Regional Director or duly authorized Hearing
Officer
of Administrator of POEA;
(b) If the
decision,
order or award was secured through fraud or coercion, including graft
and
corruption;
(c) If
made
purely on questions of law; and/or
(d) If
serious
errors in the findings of facts are raised which, if not corrected,
would
cause grave or irreparable damage or injury to the appellant.
SECTION 3.
Requisites
for Perfection of Appeal. — (a) The appeal shall be filed within the
reglementary
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
or
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
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.
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
the
POEA where the appeal was filed, his answer or reply to appellant's
memorandum
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
copy
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.
(c) Subject
to the provisions of Article 218, once the appeal is perfected in
accordance
with these rules, the Commission may limit itself to reviewing and
deciding
specific issues that were elevated on appeal.
SECTION 4. Where
Filed. — The appeal in five (5) legibly typewritten copies shall be
filed
with the respective Regional Arbitration Branch, the Regional Office,
or
the Philippine Overseas Employment Administration where the case was
heard
and decided.
SECTION 5. Appeal
Fee.— The appellant shall pay an appeal fee of One hundred (P100.00)
Pesos
to the Regional Arbitration Branch, Regional Office, or to the
Philippine
Overseas Employment Administration and the official receipt of such
payment
shall be attached to the records of the case.
SECTION 6. Bond.
— In case the decision of a Labor Arbiter POEA Administrator and
Regional
Director or his duly authorized hearing officer involves 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 or the Supreme Court in an amount equivalent to the
monetary
award, exclusive of moral and exemplary damages and attorney's fees.
The employer
as well as counsel shall submit a joint declaration under oath
attesting
that the surety bond posted is genuine and that it shall be in effect
until
final disposition of the case.
The Commission
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
after
the filing of the reply or opposition of the appellee, or after the
expiration
of the period to file the same, the entire records of the case,
together
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
Administrator
to the appropriate Division of the Commission.
SECTION 9. Records
of Cases. — The records of a case shall contain, among others, a
complete
narration of what transpired in the arbitration stage in the form of
minutes,
including all original pleadings, notices, transcripts of stenographic
notes, if any, proof of service of the decision, order or award and
other
documents, which shall be chronologically arranged and appropriately
paged.
SECTION 10.
Period to Resolved Appeal. — The Commission shall resolve the appeal
from
the decision, order or award of the Labor Arbiter and the Administrator
within twenty (20) calendar days from receipt of the answer of the
appellee
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
filing
of the last pleading or memorandum required.
SECTION 11.
Frivolous or Dilatory Appeals. — To discourage frivolous or dilatory
appeals,
the Commission on Labor Arbiter may impose a reasonable penalty,
including
fine or censure, upon the erring parties.
SECTION 12.
Appeals from decision of Other Agencies. — The rules provided herein
governing
appeals from the decisions or orders of Labor Arbiters shall apply to
appeals
to the Commission from decisions or orders of other offices or agencies
appealable to the Commission according to law. (As amended on May 21,
1991)
RULE VII
Proceedings
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
Commission
composed of the Chairman and of fourteen (14) members shall sit en banc
only for purposes of promulgating rules and regulations governing the
hearing
and disposition of cases before its Divisions and Regional Arbitration
Branches, and for the formulation of policies affecting its
administration
and operations.
(b) Divisions.
— Unless otherwise provided by law, the Commission shall exercise its
adjudicatory
and all other powers functions and duties through its five (5)
Divisions.
Each Division shall consist of one member from the public sector who
shall
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
territorial
jurisdiction over appeals of cases coming from the National Capital
Region
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
VI,
VII, and VIII); and, the Fifth Division, appealed cases from Mindanao
(Regions
IX, X, XI and XII, including those from the Mindanao Autonomous Region).
(c) Headquarters,
Branches and Provincial Units. — A provided by law the Commission and
its
First, Second and Third Divisions shall have their main office in
Metropolitan
Manila, and the Fourth and Fifth Divisions in the Cities of Cebu and
Cagayan
de Oro, respectively.
SECTION 3. The
Chairman. — The Chairman, shall preside over all sessions of the
Commission
en banc. He is the Presiding Commissioner of the First Division. In
case
of the effective absence or incapacity of the Chairman, the Presiding
Commissioner
or the Second Division shall be the Acting Chairman.
The Chairman,
aided by the Executive Clerk of the Commission, shall have
administrative
supervision over the Commission and its Regional Branches and all its
personnel
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
of
all the members of the Commission shall be necessary to constitute a
quorum
to deliberate on and decide any matter before it. The vote or
concurrence
of majority of the members constituting a quorum shall constitute the
decision
or resolution of the Commission en banc.
(b) Division.
— The presence of at least two (2) Commissioners of a Division shall
constitute
a quorum to decide any case/matter before it. The concurrence of two
(2)
Commissioners of a Division shall be necessary for the pronouncement of
a judgment or resolution.
Whenever the
required membership in a Division is not complete and the concurrence
of
two (2) Commissioners to arrive at a judgment or resolution cannot
obtained,
the Chairman shall designate such number of additional Commissioners
from
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
pending
before it and participate in its deliberations, if in his judgment his
presence therein will best serve the interest of labor justice. He
shall
not, however, participate in the voting by the Division, except when he
is acting as Presiding Commissioner of the Division in the absence of
the
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
to
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.
A certification
to this effect signed by the Presiding Commissioner of the Division
shall
be issued and a copy thereof attached to the record of the case and
served
upon the parties.
SECTION 6. Dissenting
Opinion. — Should any member indicate his intention to write a
dissenting
opinion, he may file the same within the period prescribed for deciding
or resolving the appeal; otherwise, such written dissenting opinion
shall
not be considered part of the records of the case.
SECTION 7. Inhibition.
— Any Commissioner may inhibit himself from the consideration and
resolution
of any case/matter before the Division and shall so state in writing
the
legal or justifiable grounds therefor. In the event that a member
inhibits
himself, the case shall be raffled by the Executive Clerk or Deputy
Executive
Clerk to either of the two (2) remaining Commissioners.
SECTION 8. Abstention.
— In such an event and the concurrence of two (2) Commissioners to
arrive
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
related
questions of facts or of law shall be consolidated before the
Commissioner
to whom the case with the lowest number is assigned. Notice of the
consolidation
shall be given by the Executive Clerk or Deputy Clerk to the other
members
of the Division.
SECTION 10.
Technical rules not binding. — The rules of procedure and evidence
prevailing
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
stages.
SECTION 11.
Duty to conciliate and mediate. — In the exercise of its original
jurisdiction,
the Commission shall exert all efforts towards the amicable settlement
of a labor dispute on or before the first hearing.
SECTION 12.
Role of the Labor Arbiter Assigned to the Commission. — In the
resolution
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
evidence
and submit reports thereto.
SECTION 13.
Form of Decision/Resolution/Order. — The Decision/Resolution shall
state
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
decision
or resolution involves monetary awards, the same shall contain the
specific
amount awarded as of the date the decision is rendered.
SECTION 14.
Motions for Reconsideration. — Motions for reconsideration of any
order,
resolution or decision of the Commission shall not be entertained
except
when based on palpable or patent errors, provided that the motion is
under
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
has
been furnished, within the reglementary period, the adverse party and
provided
further, that only one such motion from the same party shall be
entertained.
SECTION 15.
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
decision/resolution
has been issued within the said period and a copy thereof served upon
the
parties.
SECTION 1. Issuance
of Writ. — (a) Execution shall issue upon an order, resolution or
decision
that finally disposes of the action or proceedings after the counsels
of
record and the parties shall have been furnished with copies of the
decision
in accordance with these Rules but only after the expiration of the
period
of appeal if no appeal has been duly perfected.
The Labor Arbiter,
POEA Administrator or the Regional Director, or his duly authorized
hearing
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)
years
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
in
possession of the records of the case which shall include an entry of
judgment.
(b) Effect of
bond. — The posting of a bond by the employer shall not stay the
execution
for reinstatement.
SECTION 2. Finality
of decisions of the Commission. — (a) Finality of the decisions,
resolutions
or orders of the Commission. Except as provided in Rule XI, Section 10,
the decisions, resolutions orders of the Commission/Division shall
become
executory after (10) calendar days from receipt of the same. (As
amended
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
these
Rules, the decision shall be executory after ten (10) calendar days
from
receipt of the resolution on such motion.
(c) Entry of
judgment. — Upon the expiration of the ten (10) calendar day period
provided
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
include
allowances, and other benefits or their monetary equivalent computed
from
the time his compensation was withheld from him up to the time of his
actual
reinstatement.
In situations
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
parties
shall have been duly notified and heard thereon.
SECTION 4. Enforcement
of Writ. — In executing an order, resolution or decision, the sheriff
or
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
applicable
rules, the Rules
of
Court.
SECTION 5. Designation
of Special Sheriff's and Imposition of Fines. — The Chairman of the
Commission
may designate special sheriffs and take any measure under existing laws
to ensure compliance with their decisions, orders or awards and those
of
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
monetary
awards issued or promulgated prior to the effectivity of Republic
Act 6715 may be stayed upon the approval by the Commission of a
sufficient
supersedeas bond filed by the appellant.
SECTION 1. Policy
and Purpose. — It is the declared policy and purpose of certification
of
Labor disputes for compulsory arbitration to ensure and maintain
industrial
peace based on social justice and national interest by having a full
and
complete settlement or adjudication of all labor disputes between the
parties,
as well as issues that are relevant to or incidents of the certified
issues.
SECTION 2. Certified
Labor Disputes. — Certified labor disputes are cases certified to the
Commission
for compulsory arbitration under Article 263(g) of the Labor
Code.
SECTION 3. Role
of the Chairman. — Upon receipt by the Commission of the certification
order, the Chairman shall either personally handle the case or
immediately
assign the same to the appropriate Division of the Commission for
conciliation
and disposition, for this purpose, the Chairman or the assigned
commissioner
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
his
behalf.
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
recommendation
to the appropriate Division of the Commission for discussion and
resolution.
SECTION 4. Period
to Resolve. — The Commission, sitting in the appropriate Division shall
decide or resolve the certified dispute within thirty (30) calendar
days
from the date of the submission of the dispute for resolution.
SECTION 5. Effects
of Certification. — (a) Upon certification, the intended or impending
strike
or lockout is automatically enjoined, notwithstanding the filing of any
motion for reconsideration of the certification order nor the
non-resolution
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
taken
place at the time of the certification, all striking or locked out
employees
shall immediately return to work and the employer shall immediately
resume
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
filed
that are relevant to or proper incidents of the certified case, shall
be
considered subsumed or absorbed by the certified case and shall be
decided
by the Commission, sitting in the appropriate Division.
Whenever a certified
labor dispute involves a business entity with several workplaces
located
in different regions, the division having territorial jurisdiction over
the principal office of the company shall acquire jurisdiction to
decide
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
shall
be considered an illegal act committed in the course of the strike or
lock-out
and shall authorize the Secretary of Labor and Employment or the
Commission,
as the case may be, to enforce the same under pain of loss of
employment
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.
The Commission
may also seek the assistance of law enforcement agencies to ensure
compliance/enforcement
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
act
of misbehavior in the presence of or so near the Chairman or any
Commissioner
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
subscriber
to an affidavit or deposition when lawfully required to do so. If the
offense
is committed against the Commission or any member thereof, the same
shall
be punished by a fine not exceeding five hundred pesos (P500) or
imprisonment
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
exceeding
One Hundred Pesos (P100.00) or imprisonment not exceeding one (1) day,
or both.
(b) Any person
adjudged guilty of direct contempt by a Labor Arbiter may, within a
period
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
bond
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
contempt
shall be immediately executory and inappealable.
SECTION 2. Indirect
Contempt. — The Commission or any Labor Arbiter may also cite any
person
for indirect contempt upon grounds and in the manner prescribed under
Rule
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
to
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
arising
from any labor dispute before the Commission, which, if not restrained
or performed forthwith, may cause grave or irreparable damage to any
party
or render ineffectual any decision in favor of such party.
If necessary,
the Commission may require the petitioner to post a bond and writ of
preliminary
injunction or restraining order shall become effective only upon the
approval
of
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
entitled thereto.
The foregoing
ancillary power may be exercised by the Labor Arbiters only as an
incident
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
involving
strike or lockout.
SECTION 2. Injunction
in strikes or lockouts. — A temporary or permanent injunction may be
granted
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
opposition
thereto, if offered, and only after a finding of fact by the Commission
that:
(a)
prohibited or unlawful acts have been threatened and will be committed
unless restrained, but no injunction or temporary restraining order
shall
be issued by reason of any threat, prohibited or unlawful act, except
against
the person or persons, association or organization making the threat or
committing the prohibited or unlawful act or actually authorizing or
ratifying
the same after actual knowledge thereof;
(b)
substantial
and irreparable injury to complainant's property will follow;
(c) as to
each
item or relief to be granted, greater injury will be inflicted upon the
complainant by the denial of relief that will be inflicted upon
defendants
by the granting of relief;
(d)
complainant
has no adequate remedy at law; and
(e) the
public
officers charged with the duty to protect complainant's property are
unable
or unwilling to furnish adequate protection.
SECTION 3.
Hearing;
Notice Thereof. — Such hearing shall be held after due and personal
notice
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
Chief
Executive and other public officials of the province or city within
which
the unlawful acts have been threatened or committed charged with the
duty
to protect complainant's property.
SECTION 4. Temporary
Restraining Order; Requisites. — If the petitioner shall also allege
that,
unless a temporary restraining order shall be issued without notice, a
substantial and irreparable injury to complaint's property will be
unavoidable,
such a temporary restraining order may be issued upon testimony under
oath,
or by affidavits of the petitioners witnesses, sufficient, if
sustained,
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
respective
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
undertaking
with adequate security in an amount to be fixed by the Commission,
which
in no case shall be less than ten thousand pesos (P10,000.00) to
recompose
those enjoined for any loss, expense or damage caused by the
improvident
or erroneous issuance of such order or injunction, including all
reasonable
costs, together with a reasonable attorney's fee, and expense of
defense
against the order or against the granting of any injunctive relief
sought
in the same proceeding and subsequently denied by the Commission.
The undertaking
herein mentioned shall be understood to constitute an agreement entered
into by the complainant and the surety upon which an order may be
rendered
in the same suit or proceeding against said complainant and surety,
upon
a hearing to assess damages, of which hearing complainant and surety
shall
have reasonable notice, the said complainant and surety submitting
themselves
to the jurisdiction of the Commission for that purpose.
SECTION 7. Ordinary
Remedy in Law or in Equity. — Nothing herein contained in this Rule
shall
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
application
of a writ of injunction may be delegated by the Commission to any of
its
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
duly
authorized representatives may at any time during working hours conduct
an ocular inspection on any establishment, building, ship or vessel,
place
or premises, including any work, material implement, machinery,
appliance
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
question
relative to the object of the petition.
The ocular inspection
reports shall be submitted to the appropriate Division within
twenty-four
(24) hours from the conduct thereof.
SECTION 10.
Effectivity of orders/resolutions; Effects of Defiance. — The order
resolution
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
illegal
acts, the Commission shall impose such sanctions and/or issue such
orders
as may be necessary to implement the said Order or Resolution,
including
the enlistment of law enforcement agency having jurisdiction over the
area
for purpose of enforcing the same. (As amended on May 21, 1991)
RULE XII
Commissions
Seal and Record and Powers and Duties of Commission Officials
SECTION 1. Seal
of the Commission. — The seal of the National Labor Relations
Commission
shall be of standard size, circuit with the inscription, running from
left
and right on the upper outside edge, of the words "National Labor
Relations
Commission", and the lower outside edge, the words "Republic of
the Philippines", with a design at the center containing the coat
of
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
the
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
discharged
by the Deputy Clerks of Court of Appeals and as enumerated herein
functions
of the Executive Clerk relative to their respective Divisions.
SECTION 4. Duties
and Functions of the Executive Clerk/Deputy Executive Clerk. —
(a)
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
recording
of the proceedings of the Commission, including the records, files and
exhibits;
(b) Filing
of
Pleadings. — He shall receive and file all cases/pleadings and
documents
indicating thereon the date and time filed. All pleadings shall be
filed
in five (5) legibly typewritten copies in legal size;
(c)
Raffle/Assignment
of Cases. — He shall assign appealed cases for study/report strictly by
raffle while cases of original jurisdiction may be assigned by raffle
or
as directed by the Chairman. In this connection, the raffle of cases
for
study/report must be attended by the duly designated representatives of
the Members of the appropriate Division;
(d)
Service
of Processes, Order, Decisions. — He shall serve all parties and
counsels
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;
(e)
Commission
Calendar/Minutes Book. — He shall prepare the Commission/Division
calendars
of sessions, attend such sessions personally and immediately prepare
the
Minutes thereof. For this purpose, he shall keep a Minutes Book:
(f)
General
Docket. — The Executive Clerk shall keep a General Docket for the
Commission,
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
appealed
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
each
other step or action taken in the case; so that, by reference to any
single
page, the history of the case may be known.
(g)
Promulgation/promulgation
book. — He shall promulgate Decisions/Final Resolutions on the same
date
the same is filed with his office and indicate the date and time of
promulgation
and attest the same by his signature on the first page thereof. He
shall
immediately furnish the Chairman with a copy of such
decision/resolution/order
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
promulgation,
the case number, tittle of the case, the ponente, the nature of the
Decision/Final
Decision and the action taken by the Commission by quoting the
disposition
portion thereof. Notices of said Decision/Resolutions/Orders shall be
sent
in sealed envelopes to parties/counsels within forty eight (48) hours
from
promulgation;
(h) Entry
of
Judgment. — He shall keep a Book of Entry of Judgment, Orders,
Resolutions
and Decisions containing in chronological order the entries of all
final
Orders, Decision, Resolutions of the Commission. (As amended on May 21,
1991)
(i)
Disposition/Remand
of Records. — Upon entry of judgment, he shall immediately remand the
records
of the case to the Arbitration Branch of origin, the POEA Administrator
or Regional Director or his duly authorized officer, as the case may
be.
The Records Section shall immediately post said records without delay
within
two (2) working days.
(j)
Monthly
Accomplishment Reports. — He shall submit a Monthly Accomplishment
Report
of the Commission/Division not later than the 7th day of the following
month.
(k) Other
functions.
— He shall perform other functions as directed by the Chairman or the
Commission
en
banc.
SECTION 5.
Issuance
of Certified Copies. — Unless otherwise restricted by Section 6 hereof,
the Executive Clerk/Deputy Execution Clerk shall prepare, for any
person
asking for the same, a certified copy, under the Seal of the
Commission,
of any paper, record, decision, resolution, order or entry by and his
office,
proper to be certified, after payment of the standard fees to the
Commission
duly receipted for: Provided, That a pauper litigant, as defined
by law, shall be exempted from paying any fee for certified copies of
any
document, including transcripts of stenographic notes.
SECTION 6. Power
to Administrator Oath. — The Chairman, Members of the Commission, the
Executive
Clerk, the Deputy Executive Clerks, the Executive Labor Arbiters, the
Labor
Arbiters, and other persons designated or commissioned by the Chairman
of the Commission shall have the power to administer oath on all
matters
or proceedings related to the performance of their duties.
SECTION 7. Access
to Commission Records. — All official records of the Commission shall
be
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
publication
in two (2) newspapers of general circulation.
(Sgd.)
BARTOLOME
S. CARALE
Chairman
(Sgd.)
ROMEO
B.
PUTONG
(Sgd.) EDNA BONTO-PEREZ
Commissioner
Commissioner
(Sgd.)
DOMINGO
H.
ZAPANTA
(Sgd.) ROGELIO I. RAYALA
Commissioner
Commissioner
(Sgd.)
ERNESTO
G. LADRIGO
III
(Sgd.) VICENTE S. E. VELOSO III
Commissioner
Commissioner
(Sgd.)
RUSTICO
L.
DIOKNO
(Sgd.) LOURDES C. JAVIER
Commissioner
Commissioner
(Sgd.)
IRENEO
B.
BERNARDO
(Sgd.) BERNABE S. BATUHAN
Commissioner
Commissioner
(Sgd.)
IRENEA
E.
CENIZA
(Sgd.) OSCAR N. ABELLA
Commissioner
Commissioner
(Sgd.)
MUSIC
M.
BUAT
(Sgd.) LEON G. GONZAGA, JR.
Commissioner
Commissioner
ATTESTED BY:
(Sgd.) RAUL
E. DE LEON
Executive Clerk
.
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