THE 2005 REVISED 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
the following Revised Rules of Procedure governing arbitration
proceedings before the Labor Arbiters and the Commission are hereby
adopted and promulgated:
1. Title of the Rules. - These Rules shall be known as the "2005
Revised Rules of Procedure of the National Labor Relations Commission".
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2. Construction. - These Rules shall be liberally construed to carry
out the objectives of the Constitution, the Labor Code of the
Philippines and other relevant legislations, and to assist the parties
in obtaining just, expeditious and inexpensive resolution and
settlement of labor disputes.
3. Suppletory Application of the Rules of Court. - 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 Rules of
Court of the Philippines may, in the interest of expeditious
dispensation of labor justice and whenever practicable and convenient,
be applied by analogy or in a suppletory character and effect.
TITLE AND CONSTRUCTION
1. Definitions. - The terms and phrases defined in Article 212 of the
Labor Code, as amended, shall be given the same meanings when used
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used herein, "Regional Arbitration Branch" shall mean any of the
regional arbitration branches or sub-regional branches of the
DEFINITION OF TERMS
1. Complaint. - a) A complaint or petition is a pleading alleging the
cause or causes of action of the complainant or petitioner.The names
and addresses of all complainants or petitioners and respondents must
be stated in the complaint or petition.It shall be signed under oath by
the complainant or petitioner, with a declaration of non-forum shopping.
A party having more than one cause of action against the other party,
arising out of the same relationship, shall include all of them in one
complaint or petition.
No amendment of the complaint or petition shall be allowed after the
filing of position papers, unless with leave of the Labor Arbiter or
2. Caption and Title. - In all cases filed with the Commission or with
any of its Regional Arbitration Branches, the party initiating the
action shall be called the "Complainant" or "Petitioner", and the
opposing party the "Respondent".
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,
resolutions or orders of the Labor Arbiter or the Commission.
3. Issuance of Summons. - Within two (2) days from receipt of a
complaint or amended complaint, the Labor Arbiter shall issue the
required summons, attaching thereto a copy of the complaint or amended
complaint.The summons shall specify the date, time and place of the
mandatory conciliation and mediation conference in two (2) settings.
4. Prohibited Pleadings and Motions. - The following pleadings and
motions shall not be allowed and acted upon nor elevated to the
Commission in all cases covered by these Rules:
PLEADINGS, NOTICES AND APPEARANCES
Motion to dismiss the complaint except on the ground of lack of
jurisdiction over the subject matter, improper venue, res adjudicata,
prescription and forum shopping;
5. 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 maybe.
party filing the pleadings shall serve the opposing parties with a copy
thereof and its supporting documents in the manner provided for in
these Rules with proof of service thereof.
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6. Service of Notices and Resolutions. - a) Notices or summons and
copies of orders, 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 in special
circumstances, service of summons may be effected in accordance with
the pertinent provisions of the Rules of Court; Provided further, that
in cases of decisions and final awards, copies thereof shall be served
on both parties and their counsel or representative by registered mail;
Provided further that in cases where a party to a case or his counsel
on record personally seeks service of the decision upon inquiry
thereon, service to said party shall be deemed effected upon actual
receipt thereof; Provided finally, that 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.
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purposes of appeal, the period shall be counted from receipt of such
decisions, resolutions, or orders by the counsel or representative of
The Bailiff or officer 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.In
case of service by registered mail, the Bailiff or officer shall write
in the return, the names of persons served and the date of mailing of
the resolution or decision.If no service was effected, the service
officer shall state the reason therefor in the return.
7. 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
8. Appearances. - a) A lawyer appearing for a party is presumed to be
properly authorized for that purpose.In every case, he shall indicate
in his pleadings and motions his Attorney's Roll Number, as well as his
PTR and IBP numbers for the current year.
A non-lawyer may appear as counsel in any of the proceedings before the
Labor Arbiter or Commission only under the following conditions:
b) Motion for a bill of particulars;
c) Motion for new trial;
d) Petition for relief from judgment
when filed with the Labor Arbiter;
e) Petition for certiorari, mandamus or
f) Motion to declare respondent in
g) Motion for reconsideration or appeal
from any interlocutory order of the Labor Arbiter.
he represents himself as party to the case;
he represents a legitimate labor organization, as defined under Article
212 and 242 of the Labor Code, as amended, which is a party to the
case: Provided, that he presents: (i) a certification from the Bureau
of Labor Relations (BLR) or Regional Office of the Department of Labor
and Employment attesting that the organization he represents is duly
registered and listed in the roster of legitimate labor organizations;
(ii) a verified certification issued by the secretary and attested to
by the president of the said organization stating that he is authorized
to represent the said organization in the said case; and (iii) a copy
of the resolution of the board of directors of the said organization
granting him such authority;
he represents a member or members of a legitimate labor organization
that is existing within the employer's establishment, who are parties
to the case: Provided, that he presents: (i) a verified certification
attesting that he is authorized by such member or members to represent
them in the case; and (ii) a verified certification issued by the
secretary and attested to by the president of the said organization
stating that the person or persons he is representing are members of
their organization which is existing in the employer's establishment;
he is a duly-accredited member of any legal aid office recognized by
the Department of Justice or Integrated Bar of the Philippines:
Provided, that he (i) presents proof of his accreditation; and (ii)
represents a party to the case;
he is the owner or president of a corporation or establishment which is
a party to the case: Provided, that he presents: (i) a verified
certification attesting that he is authorized to represent said
corporation or establishment; and (ii) a copy of the resolution of the
board of directors of said corporation, or other similar resolution or
instrument issued by said establishment, granting him such authority.
A non-lawyer who appears in contravention of this Section shall not be
recognized in any proceedings before the Labor Arbiter or the
Appearances may be made orally or in writing.In both cases, the
complete name and office address of both parties shall be made on
record and the adverse party or his counsel or representative properly
Any change in the address of counsel or representative should be filed
with the records of the case and furnished the adverse party or counsel.
f) Any change or withdrawal of counsel
or representative shall be made in accordance with the Rules of Court.
9. 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.
1. Venue. - a) All cases which Labor Arbiters have authority to hear
and decide may be filed in the Regional Arbitration Branch having
jurisdiction over the workplace of the complainant or petitioner.
purposes of venue, the workplace shall be understood as the place or
locality where the employee is regularly assigned at the time the cause
of action arose.It shall include the place where the employee is
supposed to report back after a temporary detail, assignment, or
travel.In case of field employees, as well as ambulant or itinerant
workers, their workplace is where they are regularly assigned, or where
they are supposed to regularly receive their salaries and wages or work
instructions from, and report the results of their assignment to, their
Where two (2) or more Regional Arbitration Branches have jurisdiction
over the workplace of the complainant or petitioner, the Branch that
first acquired jurisdiction over the case shall exclude the others.
c) When venue is not objected to before
the filling of position papers such issue shall be deemed waived.
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.
Cases involving overseas Filipino workers may be filed before the
Regional Arbitration Branch having jurisdiction over the place where
the complainant resides or where the principal office of any of the
respondents is situated, at the option of the complainant.
2. Raffle and Assignment of Cases. - a) All complaints and petitions
filed with the docket unit of the Regional Arbitration Branch shall be
immediately raffled and assigned to a Labor Arbiter from receipt
The Executive Labor Arbiter shall be responsible for the immediate
raffle and assignment of all complaints and petitions filed with his
Regional Arbitration Branch, and the immediate forwarding of all
subsequent pleadings and motions.
All pleadings and motions subsequent to the filing of the complaint
shall be forwarded to the Labor Arbiter before whom the case is pending
within twenty-four (24) hours from receipt thereof.
3. Consolidation of Cases and Complaints. - Where there are two or more
cases or complaints pending before different Labor Arbiters in the same
Regional Arbitration Branch involving the same employer and common
principal causes of action, or the same parties with different causes
of action, the subsequent cases or complaints shall be consolidated
with the first to avoid unnecessary costs or delay.Such consolidated
cases or complaints shall be disposed of by the Labor Arbiter to whom
the first case was assigned.
case of objection to the consolidation, the same shall be resolved by
the Executive Labor Arbiter.An order resolving a motion or objection to
consolidation shall be inappealable.
4. Disposition of Cases. - Subject to the provisions of Article 263 (g)
of the Labor Code, as amended, when a case 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 proceedings to avoid multiplicity of suits or proceedings.
the Secretary of Labor and Employment has assumed jurisdiction over a
strike or lockout 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
dispute between them pending before any Regional Arbitration Branch,
and the Labor Arbiters handling the same of such assumption or
certification.The Labor Arbiter concerned shall forward within two (2)
days from notice the entire records of the case to the Commission or to
the Secretary of Labor, as the case may be, for proper disposition.
VENUE, ASSIGNMENT AND DISPOSITION OF
1.Jurisdiction of Labor Arbiters. - Labor Arbiters shall have original
and exclusive jurisdiction to hear and decide the following cases
involving all workers, whether agricultural or non-agricultural:
PROCEEDINGS BEFORE LABOR ARBITERS
Unfair labor practice cases;
arising from the interpretation or implementation of collective
bargaining agreements and those arising from the interpretation or
enforcement of company personnel policies shall be disposed of by the
Labor Arbiter by referring the same to the grievance machinery and
voluntary arbitration, as may be provided in said agreements.
2. Nature of Proceedings. - The proceedings before the Labor Arbiter
shall be non-Iitigious 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.
3. Mandatory Conciliation and Mediation Conference. - a) The mandatory
conciliation and mediation conference shall be called for the purpose
of (1) amicably settling the case upon a fair compromise; (2)
determining the real parties in interest; (3) determining the necessity
of amending the complaint and including all causes of action; (4)
defining and simplifying the issues in the case; (5) entering into
admissions or stipulations of facts; and (6) threshing out all other
preliminary matters.The Labor Arbiter shall preside and take full
control of the proceedings.
Conciliation and mediation efforts shall be exerted by the Labor
Arbiters all throughout the proceedings.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 counsel or authorized representative, if any, before the
In any case, the compromise agreement shall be approved by the Labor
Arbiter, if after explaining to the parties, particularly to the
complainants, the terms, conditions and consequences thereof, he is
satisfied that they understand the agreement, that the same was entered
into freely and voluntarily by them, and that it is not contrary to
law, morals, and public policy.
A compromise agreement duly entered into in accordance with this
Section shall be final and binding upon the parties and shall have the
force and effect of a judgment rendered by the Labor Arbiter.
The mandatory conciliation and mediation conference shall, except for
justifiable grounds, be terminated within thirty (30) calendar days
from the date of the first conference.
f) No motion for postponement shall be
entertained except on meritorious grounds.
4. Effect of Failure of Conciliation and Mediation. - Should the
parties fail to agree upon an amicable settlement, either in whole or
in part, during the mandatory conciliation and mediation conference,
the Labor Arbiter shall terminate the conciliation and mediation stage
and proceed to pursue the other purposes of the said conference as
enumerated in the immediately preceding Section.Thereafter, the Labor
Arbiter shall direct the parties to simultaneously file their
respective position papers on the issues agreed upon by the parties and
as reflected in the minutes of the proceedings.
5. Non-Appearance of Parties. - The non-appearance of the complainant
or petitioner during the two (2) settings for mandatory conciliation
and mediation conference scheduled in the summons, despite due notice
thereof, shall be a ground for the dismissal of the case without
case of non-appearance by the respondent during the first scheduled
conference, the second conference shall proceed as scheduled in the
summons.If the respondent still fails to appear at the second
conference despite being duly served with summons, the Labor Arbiter
shall immediately terminate the mandatory conciliation and mediation
conference.The Labor Arbiter shall thereafter allow the complainant or
petitioner to file his verified position paper and submit evidence in
support of his causes of action, and thereupon render his decision on
the basis of the evidence on record.
6. Motion to Dismiss. - On or before the date set for the mandatory
conciliation and mediation 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, prescription, or forum shopping, shall be immediately
resolved by the Labor Arbiter through a written order.An order denying
the motion to dismiss, or suspending its resolution until the final
determination of the case, is not appealable.
7. Submission of Position Paper and Reply. - a) Subject to Sections 4
and 5 of this Rule, the Labor Arbiter shall direct the parties to
submit simultaneously their verified position papers with supporting
documents and affidavits, if any, within an inextendible period of ten
(10) calendar days from the date of termination of the mandatory
conciliation and mediation conference.
The position papers of the parties shall cover only those claims and
causes of action raised in the complaint or amended complaint,
excluding those that may have been amicably settled, and accompanied by
all supporting documents, including the affidavits of witnesses, which
shall take the place of their direct testimony.
c) A reply may be filed by any party
within ten (10) calendar days from receipt of the position paper of the
In their position papers and replies, the parties shall not be allowed
to allege facts, or present evidence to prove facts and any cause or
causes of action not referred to or included in the original or amended
complaint or petition.
8. Determination of Necessity of Hearing or Clarificatory Conference. -
Immediately after the submission by the parties of their position paper
or reply, as the case may be, the Labor Arbiter shall, motu proprio,
determine whether there is a need for a hearing or clarificatory
conference.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.
9. Role of the Labor Arbiter in Hearing and Clarificatory Conference. -
a) The Labor Arbiter shall take full control and personally conduct the
hearing or clarificatory conference.Unless otherwise 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
examine the parties and their witnesses with respect to the matters at
issue; and 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.
In the cross-examination of witnesses, only relevant, pertinent and
material questions necessary to enlighten the Labor Arbiter shall be
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The Labor Arbiter 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.
10. Non-Appearance of Parties, and Postponement of Hearings and
Clarificatory Conferences. - a) Non-appearance at a hearing or
clarificatory conference by the complainant or petitioner, who was duly
notified thereof, may be sufficient cause to dismiss the case without
prejudice.Subject to Section 16 of this Rule, where proper
justification is shown by proper motion to warrant the re-opening of
the case, the Labor Arbiter shall call another hearing or clarificatory
conference and continue the proceedings until the case is finally
decided.The dismissal of the case for the second time due to the
unjustified non-appearance of the complainant or petitioner, who was
duly notified of the clarificatory hearing, shall be with prejudice.
In case the respondent fails to appear during the hearing or
clarificatory conference despite due notice thereof, the complainant
shall be allowed to present evidence ex-parte, without prejudice to
cross-examination at the next hearing or conference.Two (2) successive
non-appearances by the respondent during his scheduled presentation of
evidence or opportunity to cross-examine witnesses, despite due notice
thereof, shall be construed as a waiver on his part to present evidence
or conduct cross-examination.
The parties and their counsels appearing before the Labor Arbiter shall
be prepared for continuous hearing or clarificatory conference.No
postponement or continuance shall be allowed by the Labor Arbiter,
except upon meritorious grounds and subject always to the requirement
of expeditious disposition of cases.In any case, the hearing or
clarificatory conference shall be terminated within ninety (90)
calendar days from the date of the initial hearing or conference.
Paragraph (c) of this Section notwithstanding, in cases involving
overseas Filipino workers, the aggregate period for conducting the
mandatory conciliation and mediation conference, including hearing on
the merits or clarificatory conference, shall not exceed sixty (60)
days, which shall be reckoned from the date of acquisition of
jurisdiction by the Labor Arbiter over the person of the respondents.
11. Submission of the Case for Decision. - Upon the submission by the
parties of their position papers or replies, or the lapse of the period
to submit the same, the case shall be deemed submitted for decision
unless the Labor Arbiter calls for a hearing or clarificatory
conference in accordance with Section 8 of this Rule, in which case,
notice of hearing or clarificatory conference shall be immediately sent
to the parties.Upon termination of the said hearing or conference, the
case shall be deemed submitted for decision.
12. Inhibition. - A Labor Arbiter may voluntarily inhibit himself from
the resolution of a case and shall so state in writing the legal
justifications therefor.Upon motion of a party, either on the ground of
relationship within the fourth civil degree of consanguinity or
affinity with the adverse party or counsel, or on question of
impartiality, the Labor Arbiter may inhibit himself from further
hearing and deciding the case.Such motion shall be resolved within five
(5) days from the filing thereof.An order denying or granting a motion
for inhibition is inappealable.
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13. Period to Decide Case. - The Labor Arbiter 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; Provided however, that cases involving overseas
Filipino workers shall be decided within ninety (90) calendar days
after the filing of the complaint which shall commence to run upon
acquisition by the Labor Arbiter of jurisdiction over the respondents.
14. Contents of Decisions. - The decisions and orders of the Labor
Arbiter shall be clear and concise and shall include a brief statement
of the: a) facts of the case; b) issues involved; c) applicable laws 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 shall contain the amount awarded.
case the decision of the Labor Arbiter includes an order of
reinstatement, it shall likewise contain: a) a statement that the
reinstatement aspect is immediately executory; and b) a directive for
the employer to submit a report of compliance within ten (10) calendar
days from receipt of the said decision.
15. Motions for Reconsideration and Petitions for Relief from Judgment.
- No motions for reconsideration or petitions for relief from judgment
of any decision, resolution or order of a Labor Arbiter shall be
allowed.However, when one such motion for reconsideration is filed, it
shall be treated as an appeal provided that it complies with the
requirements for perfecting an appeal.In the case of a petition for
relief from judgment, the Labor Arbiter shall elevate the case to the
Commission for disposition.
16. Revival And Re-Opening Or Re-Filing Of Dismissed Case. - A party
may file a motion to revive or re-open a case dismissed without
prejudice, within ten (10) calendar days from receipt of notice of the
order dismissing the same; otherwise, his only remedy shall be to
re-file the case in the arbitration branch of origin.
b) Termination disputes;
If accompanied with a claim for reinstatement, those cases that workers
may file involving wages, rates of pay, hours of work and other terms
and conditions of employment;
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d) Claims for actual, moral, exemplary
and other forms of damages arising from employer-employee relations;
Cases arising from any violation of Article 264 of the Labor Code, as
amended, including questions involving the legality of strikes and
Except claims for employees compensation not included in the next
succeeding paragraph, social security, medicare, and maternity
benefits, all other claims arising from employer-employee relations,
including those of persons in domestic or household service, involving
an amount exceeding Five Thousand Pesos (P5,000.00), whether or not
accompanied with a claim for reinstatement;
Money claims arising out of employer-employee relationship or by virtue
of any law or contract, involving Filipino workers for overseas
deployment, including claims for actual, moral, exemplary and other
forms of damages;
Wage distortion disputes in unorganized establishments not voluntarily
settled by the parties pursuant to Republic Act No.6727;
Enforcement of compromise agreements when there is non-compliance by
any of the parties pursuant to Article 227 of the Labor Code, as
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j) Other cases as may be provided by law.
1. Periods of Appeal. - Decisions, resolutions or orders of the Labor
Arbiter shall be final and executory unless appealed to the Commission
by any or both parties within ten (10) calendar days from receipt
thereof; and in case of decisions, resolutions or orders of the
Regional Director of the Department of Labor and Employment pursuant to
Article 129 of the Labor Code, within five (5) calendar days from
receipt thereof.If the 10th or 5th day, as the case may be, falls on a
Saturday, Sunday or holiday, the last day to perfect the appeal shall
be the first working day following such Saturday, Sunday or holiday.
No motion or request for extension of
the period within which to perfect an appeal shall be allowed.
Section 2. Grounds. - The appeal may be
entertained only on any of the following grounds:
If there is prima facie evidence of abuse of discretion on the part of
the Labor Arbiter or Regional Director;
3. Where Filed. - The appeal shall be filed with the Regional
Arbitration Branch or Regional Office where the case was heard and
4. requisites For Perfection Of Appeal. - a) The appeal shall be: 1)
filed within the reglementary period provided in Section 1 of this
Rule; 2) verified by the appellant himself in accordance with Section
4, Rule 7 of the Rules of Court, as amended; 3) in the form of a
memorandum of appeal which shall state the grounds relied upon and the
arguments in support thereof, the relief prayed for, and with a
statement of the date the appellant received the appealed decision,
resolution or order; 4) in three (3) legibly typewritten or printed
copies; and 5) accompanied by i) proof of payment of the required
appeal fee; ii) posting of a cash or surety bond as provided in Section
6 of this Rule; iii) a certificate of non-forum shopping; and iv) proof
of service upon the other parties.
A mere notice of appeal without complying with the other requisites
aforestated shall not stop the running of the period for perfecting an
The appellee may file with the Regional Arbitration Branch or Regional
Office 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
Subject to the provisions of Article 218 of the Labor Code, once the
appeal is perfected in accordance with these Rules, the Commission
shall limit itself to reviewing and deciding only the specific issues
that were elevated on appeal.
5. Appeal Fee. - The appellant shall pay an appeal fee of One Hundred
Fifty Pesos (P150.00) to the Regional Arbitration Branch or Regional
Office of origin, and the official receipt of such payment shall form
part of the records of the case.
6. Bond. - In case the decision of the Labor Arbiter or the Regional
Director involves a monetary award, an appeal by the employer may be
perfected only upon the posting of a bond, which shall either be in the
form of cash deposit or surety bond equivalent in amount to the
monetary award, exclusive of damages and attorney's fees.
case of surety bond, the same shall be issued by a reputable bonding
company duly accredited by the Commission or the Supreme Court, and
shall be accompanied by original or certified true copies of the
a joint declaration under oath by the employer, his counsel, and the
bonding company, attesting that the bond posted is genuine, and shall
be in effect until final disposition of the case.
b) an indemnity agreement between the
employer-appellant and bonding company;
proof of security deposit or collateral securing the bond: provided,
that a check shall not be considered as an acceptable security;
d) a certificate of authority from the
e) certificate of registration from the
Securities and Exchange Commission;
f) certificate of authority to transact
surety business from the Office of the President;
g) certificate of accreditation and
authority from the Supreme Court; and
notarized board resolution or secretary's certificate from the bonding
company showing its authorized signatories and their specimen
cash or surety bond shall be valid and effective from the date of
deposit or posting, until the case is finally decided, resolved or
terminated, or the award satisfied.This condition shall be deemed
incorporated in the terms and conditions of the surety bond, and shall
be binding on the appellants and the bonding company.
appellant shall furnish the appellee with a certified true copy of the
said surety bond with all the above-mentioned supporting documents.The
appellee shall verify the regularity and genuineness thereof and
immediately report any irregularity to the Commission.
verification by the Commission that the bond is irregular or not
genuine, the Commission shall cause the immediate dismissal of the
appeal, and censure or cite in contempt the responsible parties and
their counsels, or subject them to reasonable fine or penalty.
motion to reduce bond shall be entertained except on meritorious
grounds, and only upon the posting of a bond in a reasonable amount in
relation to the monetary award.
mere filing of a motion to reduce bond without complying with the
requisites in the preceding paragraphs shall not stop the running of
the period to perfect an appeal.
7. Records of Case on Appeal. - The records of a case shall have a
corresponding index of its contents which shall include the following:
a) the original copy of the complaint; b) other pleadings and motions;
c) minutes of the proceedings, notices, transcripts of stenographic
notes, if any; d) decisions, orders, and resolutions as well as proof
of service thereof, if available; e) the computation of the award; f)
memorandum of appeal and the reply or answer thereto, if any, and proof
of service, if available; g) official receipt of the appeal fee; and h)
the appeal bond, if any.
The records shall be chronologically
arranged and paged prominently.
8. Transmittal Of Records Of Case On Appeal. - Within forty-eight (48)
hours after the filing of the appeal, the records of the case shall be
transmitted by the Regional Arbitration Branch or office of origin to
Section 9. Perfection Of Appeal; Effect.
- Without prejudice to immediate reinstatement pending appeal under
6 of Rule XI, once an appeal is filed, the Labor Arbiter loses
jurisdiction over the case.All pleadings and motions pertaining to the
appealed case shall thereafter be addressed to and filed with the
10. Frivolous or Dilatory Appeals. - No appeal from an interlocutory
order shall be entertained.To discourage frivolous or dilatory appeals,
including those taken from interlocutory orders, the Commission may
censure or cite in contempt the erring parties and their counsels, or
subject them to reasonable fine or penalty.
11. 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
the other offices or agencies appealable to the Commission according to
b) If the decision, resolution or order
was secured through fraud or coercion, including graft and corruption;
c) If made purely on questions of law;
If serious errors in the findings of facts are raised which, if not
corrected, would cause grave or irreparable damage or injury to the
1. Jurisdiction of the Commission. - The Commission shall exercise
exclusive, original, and appellate jurisdiction in accordance with law.
2. Composition and Internal Functions of the Commission En Banc and Its
Divisions. - a) Composition. - Unless otherwise provided by law, the
Commission shall be composed of the Chairman and of fourteen (14)
Commission En Banc. - The Commission 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.It may, on temporary or emergency basis,
allow cases within the jurisdiction of any Division to be heard by any
other Division whose docket allows the additional workload and such
transfer will not expose litigants to unnecessary additional expense.
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
the five (5) Divisions, the First, Second and Third Divisions shall
have exclusive territorial jurisdiction over appealed cases coming from
Luzon; Fourth Division, appealed cases from Visayas Region; and the
Fifth Division, appealed cases from Mindanao including those from the
Autonomous Region for Muslim Mindanao.
Headquarters. - As provided by law, the Commission and its First,
Second and Third Divisions shall have their main office in the National
Capital Region, and the Fourth and Fifth Divisions in the cities of
Cebu and Cagayan de Oro, respectively.
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 of the Second Division shall be
the Acting Chairman.
Chairman, aided by the Executive Clerk of the Commission, shall have
administrative supervision over the Commission and its Regional
Arbitration Branches and all its personnel including the Executive
Labor Arbiters and Labor Arbiters.
4. Commission En Banc Session, Quorum and Vote. - a) Commission En
Banc. - The Chairman shall call the Commission to an en banc session at
least twice a year, preferably on the first week of June and the first
week of December, to deliberate and decide on any matter before
it.However, a majority of all the members of the Commission may call a
special en banc session to discuss and decide on urgent and vital
matters which need immediate action.
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Quorum. - The presence of a majority of all the members of the
Commission shall be necessary to constitute a quorum.The vote or
concurrence of the majority of the members constituting a quorum shall
be the decision or resolution of the Commission en banc.
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Division. - The presence of at least two (2) Commissioners of a
Division shall constitute a quorum.The concurrence of two (2)
Commissioners of a Division shall be necessary for the pronouncement of
a judgment or resolution.
the required membership in a Division is not complete and the
concurrence of two (2) Commissioners to arrive at a judgment or
resolution cannot be obtained, the Chairman shall designate such number
of additional Commissioners from the other Divisions as may be
necessary from the same sector.
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 interests 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.
5. Consultation. - The conclusions of a Division on any case or 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.
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.
6. Dissenting Opinion. - Should any member of a Division 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.
7. Inhibition. - No motion to inhibit the entire Division of the
Commission shall be entertained.However, any Commissioner may inhibit
himself from the consideration and resolution of any case or 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.In
case two (2) Commissioners in a Division inhibit themselves in a case
or matter before it, the Chairman shall, as far as practicable, appoint
two (2) Commissioners from other Divisions representing the sector of
the Commissioners who inhibited themselves.
8. Abstention. - In the event of an abstention, and the concurrence of
two (2) Commissioners to arrive at a judgment or resolution cannot be
obtained, Section 4 (c), second paragraph, of this Rule shall apply.
9. Consolidation of Cases. - Appealed and injunction cases involving
the same parties, issues, or related questions of fact or law shall be
consolidated before the Commissioner to whom the case with the lowest
case number is assigned.Notice of the consolidation shall be given by
the Executive Clerk or Deputy Executive Clerk to the other members of
the concerned Divisions.
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 or procedure, all in the interest of due process.
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.
11. Conciliation and Mediation. - In the exercise of its exclusive,
original and appellate jurisdiction, the Commission may exert all
efforts towards the amicable settlement of a labor dispute.
settlement of cases on appeal, to be valid and binding between the
parties, shall be made before the Commissioner or his authorized
12. Role of the Labor Arbiter Assigned to the Commission. - In the
resolution of cases on appeal, and those mentioned in Rules VIII and X,
the Commission shall be assisted by a Labor Arbiter who may be directed
to study, review, hear and receive evidence, and submit reports thereon.
13. Form of Decision, Resolution and Order. - The decision, resolution
and order of the Commission 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, resolution or order
involves monetary awards, the same shall contain the specific amount
awarded as of the date the decision is rendered.
14. Finality Of Decision Of The Commission And Entry Of Judgment. - a)
Finality of the Decisions, Resolutions or Orders of the Commission. -
Except as provided in Section 9 of Rule X, the decisions, resolutions
or orders of the Commission shall become final and executory after ten
(10) calendar days from receipt thereof by the parties.
Entry of Judgment. - Upon the expiration of the ten (10) calendar day
period provided in paragraph (a) of this Section, the decision,
resolution, or order shall be entered in a book of entries of judgment.
Executive Clerk or Deputy Executive Clerk shall consider the decision,
resolution or order as final and executory after sixty (60) calendar
days from date of mailing in the absence of return cards,
certifications from the post office, or other proof of service to
15.MOTIONS FOR RECONSIDERATION. - Motion for reconsideration of any
decision, resolution or order 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 decision, resolution or order, 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.
a motion for reconsideration be entertained pursuant to this section,
the resolution shall be executory after ten (10) calendar days from
PROCEEDINGS BEFORE THE COMMISSION
1. Policy. - It is the declared policy 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,
complete and immediate settlement or adjudication of all labor disputes
between the parties, as well as issues that are relevant to or
incidents of the certified issues.
2. Certified Labor Disputes. - Certified labor disputes are cases
certified to the Commission for compulsory arbitration under Article
263 (g) of the Labor Code.
3. 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.
All cases between the same parties, except where the certification
order specifies otherwise the issues submitted for arbitration which
are already filed or may be filed, and are relevant to or are proper
incidents of the certified case, shall be considered subsumed or
absorbed by the certified case, and shall be decided by the appropriate
Division of the Commission.
to the second paragraph of Section 4 of Rule IV, the parties to a
certified case, under pain of contempt, shall inform their counsels and
the Division concerned of all cases pending with the Regional
Arbitration Branches and the Voluntary Arbitrators relative or incident
to the certified case before it.
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.
4. Effects Of Defiance. - Non-compliance with the certification order
of the Secretary of Labor and Employment shall be considered as an
illegal act committed in the course of the strike or lockout, and shall
authorize the Commission to enforce the same under pain of immediate
disciplinary action, including dismissal or loss of employment status
or payment by the locking-out employer of backwages, damages and/or
other affirmative relief, even criminal prosecution against the liable
Commission may also seek the assistance of law enforcement agencies to
ensure compliance and enforcement of its orders and resolutions.
5. Procedure in Certified Cases. - a) Unless there is a necessity to
conduct a clarificatory hearing, the Commission shall resolve all
certified cases within thirty (30) calendar days from receipt by the
assigned Commissioner of the complete records, which shall include the
position papers of the parties and the order of the Secretary of Labor
and Employment denying the motion for reconsideration of the
certification order, if such motion has been filed.
Where a clarificatory hearing is needed, the Commission shall, within
five (5) calendar days from receipt of the records, issue a notice to
be served on the parties through the fastest means available, requiring
them to appear and submit additional evidence, if any.
Notwithstanding the necessity for a clarificatory hearing, all
certified cases shall be resolved by the Commission within sixty (60)
calendar days from receipt of the complete records.
d) No motion for postponement or
extension shall be entertained.
6. Execution of Judgment in Certified Case. - Upon issuance of the
entry of judgment, the Commission, motu proprio or upon motion by the
proper party, may cause the execution of the judgment in the certified
1. Direct Contempt. - The Chairman or any Commissioner or 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 subscribe 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 (P500.00) 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.
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
2. Indirect Contempt. - The Commission or any Labor Arbiter may, in
accordance with Rule 71 of the Rules of Court, cite any person for
indirect contempt and impose the appropriate penalty under any of the
Misbehavior of any officer or employee in the performance of his
official duties or in his official transaction;
same procedure provided in the second paragraph of Section 1 of this
Rule shall govern any person adjudged guilty of indirect contempt.
b) Disobedience of, or resistance to, a
lawful writ, order or decision;
c) Any abuse of, or any unlawful
interference with the processes or proceedings not constituting direct
d) Any improper conduct tending,
directly or indirectly, to impede, obstruct or degrade the
administration of justice;
e) Assuming to be an attorney or a
representative of party without authority;
f) Failure to obey a subpoena duly
g) Other grounds analogous to the
1. Injunction in Ordinary Labor Disputes. - A preliminary injunction or
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 basis 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
A certification of non-forum shopping
shall accompany the petition for injunction.
writ of preliminary injunction or temporary restraining order shall
become effective only upon posting of the required cash bond in the
amount to be determined by the Commission to answer for any damage that
may be suffered by the party enjoined, if it is finally determined that
the petitioner is not entitled thereto.
2. Injunction in Strikes or Lockouts. - A preliminary or permanent
injunction may be granted by the Commission only after hearing the
testimony of witnesses 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 prohibited or unlawful acts have been threatened and will be
committed and will be continued unless restrained, but no injunction or
temporary restraining order shall be issued on account 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.
3. Hearing; Notice Thereof. - Hearings 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 petitioner's
4. 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 and
recommendation to the Commission within fifteen (15) days from such
5. 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 or question relative to the
object of the petition.
ocular inspection reports shall be submitted to the appropriate
Division within twenty-four (24) hours from the conduct thereof.
6. 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 petitioner's
property will be unavoidable, such a temporary restraining order may be
issued upon testimony under oath, or by affidavits of the petitioner's
witnesses, sufficient, if sustained, to justify the Commission in the
7. Cash Bond. - No temporary restraining order or writ of preliminary
injunction shall be issued except on the condition that petitioner
shall first file an undertaking to answer for the damages and post a
cash bond in the amount of Fifty Thousand Pesos (P50,000.00), or such
higher amount as may be determined by the Commission, to recompense
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.
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8. Effectivity of Temporary Restraining Order. - A temporary
restraining order shall be effective for no longer than twenty (20)
days reckoned from the posting of the cash bond required under the
preceding section. During the said period, the parties shall be
required to present evidence to substantiate their respective positions
in the main petition.
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9. Effects of Defiance. - The order or resolution enjoining the
performance of illegal acts shall be immediately executory in
accordance with the terms thereof.In case of non-compliance, the
Commission shall impose such sanctions, and shall issue such orders, as
may be necessary to implement the said order or resolution, including
the enlistment of law enforcement agencies having jurisdiction over the
area for the purpose of enforcing the same.
10. Ordinary Remedy in Law or in Equity. - Nothing 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.
b) That substantial and irreparable
injury to petitioner's property will follow;
That as to each item of relief to be granted, greater injury will be
inflicted upon the petitioner by the denial of relief than will be
inflicted upon respondents by the granting of relief;
d) That petitioner has no adequate
remedy at law; and
That the public officers charged with the duty to protect petitioner's
property are unable or unwilling to furnish adequate protection.
1. Execution Upon Finality of Decision or Order. - a) A writ of
execution may be issued motu proprio or on motion, upon a decision or
order that finally disposes of the action or proceedings after the
parties and their counsels or authorized representatives are furnished
with copies of the decision or order in accordance with these Rules,
but only after the expiration of the period to appeal if no appeal has
been filed, as shown by the certificate of finality.If an appeal has
been filed, a writ of execution may be issued when there is an entry of
judgment as provided for in Section 14 of Rule VII.
No motion for execution shall be entertained nor a writ of execution be
issued unless the Labor Arbiter or the Commission is in possession of
the records of the case which shall include an entry of judgment if the
case was appealed; except that, as provided for in Section 14 of Rule V
and Section 6 of this Rule, and in those cases where partial execution
is allowed by law, the Labor Arbiter shall retain duplicate original
copies of the decision to be implemented and proof of service thereof
for the purpose of immediate enforcement.
2. Pre-Execution Conference. - Within two (2) working days from receipt
of a motion for the issuance of a writ of execution, and subject to
Section 1, paragraph (b) of this Rule, the Labor Arbiter shall schedule
a pre-execution conference or hearing to thresh out matters relevant to
execution, including the computation of the award.
3. Form and Contents of a Writ of Execution. - The writ of execution
must be issued in the name of the Republic of the Philippines signed by
the Commission or Labor Arbiter requiring the Sheriff to execute the
decision, order, or award of the Commission or Labor Arbiter, and must
contain the dispositive portion thereof, the amount, if any, to be
demanded, and all lawful fees to be collected from the losing party or
any other person required by law to obey the same.
4. Computation During Execution. - Where further computation of the
award in the decision, resolution or order is necessary during the
course of the execution proceedings, no writ of execution shall be
issued until after the computation has been approved by the Labor
Arbiter in an order issued after the parties have been duly notified
and heard on the matter.
5. Execution of Monetary Judgment. - a) Immediate payment on demand. -
The Sheriff shall enforce a monetary judgment by demanding the
immediate payment of the full amount stated in the writ of execution
and all lawful fees from the losing party or any other person required
by law to obey the same.
In the event of failure or refusal of the losing party to pay the
judgment award, the Sheriff shall immediately proceed against the cash
deposit or surety bond posted by the losing party, if any;
If the bonding company refuses to comply with the writ of execution,
then its president and officers or authorized representatives shall be
cited for contempt, and the bonding company shall be barred from
transacting business with the Commission;
Should the cash deposit or surety bond be insufficient, or in case the
surety bond cannot be proceeded against for any reason, the Sheriff
shall, within five (5) days from demand, execute the monetary judgment
by levying on the property, personal and real, of the losing party not
exempt from execution, sufficient to cover the judgment award, which
may be disposed of for value at a public auction to the highest bidder.
Proceeds of execution shall be deposited with the Cashier of the
concerned Division or Regional Arbitration Branch, or with an
authorized depositary bank.Where payment is made in the form of a
check, the same shall be payable to the Commission.
6. Execution of Reinstatement Pending Appeal. - In case the decision
includes an order of reinstatement, and the employer disobeys the
directive under the second paragraph of Section 14 of Rule V or refuses
to reinstate the dismissed employee, the Labor Arbiter shall
immediately issue writ of execution, even pending appeal, directing the
employer to immediately reinstate the dismissed employee either
physically or in the payroll, and to pay the accrued salaries as a
consequence of such reinstatement at the rate specified in the decision.
Sheriff shall serve the writ of execution upon the employer or any
other person required by law to obey the same.If he disobeys the writ,
such employer or person may be cited for contempt in accordance with
7. Enforcement of Writ of Execution. - In executing a decision,
resolution or order, the Sheriff, or other authorized officer acting as
Sheriff of the Commission, shall be guided strictly by these Rules, and
by the Manual on Execution of Judgment, which shall form part of these
Rules.In the absence of applicable rules, the Rules of Court, as
amended, shall be applied in a suppletory manner.
8. Execution By Motion or By Independent Action. - A decision or order
may be executed on motion within five (5) years from the date it
becomes final and executory.After the lapse of such period, the
judgment shall become dormant, and may only be enforced by an
independent action within a period of ten (10) years from date of its
9. Effect of Perfection of Appeal on Execution. - The perfection of an
appeal shall stay the execution of the decision of the Labor Arbiter on
appeal, except execution for reinstatement pending appeal.
10. Effect of Petition for Certiorari on Execution. - A petition for
certiorari with the Court of Appeals or the Supreme Court shall not
stay the execution of the assailed decision unless a restraining order
is issued by said courts.
11. Resolution of Motion to Quash. - The mere filing of a motion to
quash shall not stay execution proceedings.A motion to quash shall be
resolved by the Labor Arbiter within ten (10) working days from
submission of said motion for resolution.
12. Third Party Claim. - A third party claim shall be filed within five
(5) days from the last day of posting or publication of the notice of
execution sale; otherwise the claim shall be forever barred.The third
party claimant shall execute an affidavit stating his title to the
property or right to possession thereof with supporting evidence, and
shall file the same with the Sheriff and the Commission or Labor
Arbiter who issued the writ of execution.Upon receipt of the third
party claim, all proceedings, with respect to the execution of the
property subject of such claim, shall automatically be suspended.The
Labor Arbiter who issued the writ may require the third party claimant
to adduce additional evidence in support of his third party claim and
to post a cash or surety bond equivalent to the amount of his claim, as
provided for in Section 6 of Rule VI, without prejudice to the posting
by the prevailing party of a supersedeas bond in an amount equivalent
to that posted by the third party claimant.The Labor Arbiter shall
resolve the propriety of such third party claim within ten (10) working
days from submission of said claim for resolution.
13. Return of Writ of Execution. - The writ of execution shall be
returned to the Commission or Labor Arbiter who issued it at anytime,
but not within ten (10) days nor beyond one hundred eighty (180) days,
after receipt thereof by the Sheriff, who shall set forth in writing
the whole proceedings, and file it with the Commission or Labor Arbiter
to form part of the records of the case.
14. Sheriff's Report. - The Sheriff enforcing the writ of execution
shall submit not later than thirty (30) days from receipt of such writ,
and every thirty (30) days thereafter, a report updating the Commission
or Labor Arbiter who issued the writ of execution on the status of the
enforcement thereof.A copy of the report shall be furnished the
Chairman and the Executive Labor Arbiter.
15. Designation of Special Sheriffs and Imposition of Fines. - The
Chairman of the Commission may designate special Sheriffs and take any
measure, under existing laws, to ensure compliance with the decisions,
resolutions or orders of the Commission and those of Labor Arbiters,
including the imposition of administrative fine which shall not be less
than Five Hundred Pesos (P500.00) nor more than Ten Thousand Pesos
on the part of the Sheriff to submit the return or report required
under Section 13 and 14 of this Rule within the stated period shall
subject him to the above administrative fine, or suspension for fifteen
(15) days without pay, or both.
1. Seal of the Commission. - The seal of the National Labor Relations
Commission shall be of standard size, circular, with the inscription,
running from left to right on the upper outside edge, 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.
2. The Executive Clerk. - The Executive Clerk shall assist the
Commission when sitting en banc and when acting through the First
Division, and shall perform such similar or equivalent functions and
duties as are discharged by the Clerk of Court of the Court of Appeals.
3. Deputy Executive Clerks. - The Deputy Executive Clerks for the
Second, Third, Fourth and Fifth Divisions shall assist the Commission
when acting through its Division, and shall perform similar functions
and duties as discharged by the Deputy Clerks of Court of the Court of
Appeals, and as enumerated herein as functions of the Executive Clerk
relative to their respective Divisions.
4. Duties and Functions of the Executive Clerk and Deputy Executive
Clerks. - 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;
Filing of Pleadings. - He shall receive and file all cases and
pleadings and documents indicating thereon the date and time filed.All
pleadings shall be filed in three (3) legibly typewritten copies in
Raffle and Assignment of Cases. - He shall assign appealed cases for
study or report strictly by raffle or as directed by the Chairman.In
this connection, the raffle of cases for study or report must be
attended by the duly designated representative of the Members of the
Service of Processes, Orders and Decisions. - He shall serve parties
and counsel processes, notices of hearings, copies of decisions,
resolutions or orders issued by the Commission by mail or by personal
service and immediately attach the returns thereof to the records;
Commission Calendar and Minutes Book. - He shall prepare the Commission
or Division calendars of sessions, attend such sessions personally and
immediately prepare the minutes thereof.For this purpose, he shall keep
a minutes book;
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
Promulgation and Promulgation Book. - He shall promulgate decisions and
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, or 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, title of the case, the ponente, the
nature of the decision or final resolution and the action taken by the
Commission by quoting the dispositive portion thereof.Notices of said
decisions, resolutions or orders shall be sent in sealed envelopes to
parties and their counsel within forty-eight (48) hours from
Entry of Judgment. - He shall keep a book of entries of judgment,
decisions, resolutions and orders containing in chronological order the
entries of all final decisions, resolutions and orders of the
Disposition and Remand of Records. - Upon entry of judgment, he shall
immediately remand the records of the case to the Regional Arbitration
Branch of origin, Regional Director or his duly authorized officer, as
the case may be.The Records Unit shall immediately post said records
without delay within two (2) working days;
Monthly Accomplishment Reports. - He shall submit a monthly
accomplishment report of the Commission or 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.
5. Board Secretaries. - The Board Secretaries of the Commission shall
assist the Executive Clerk or Deputy Executive Clerks in the
performance of their duties and functions relative to the Commission or
their respective Divisions.
6. ISsuance of Certified Copies. - Unless otherwise restricted by
Section 8 hereof, the Executive Clerk, Deputy Executive Clerks, and the
authorized officers of the Regional Arbitration Branches 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 in 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
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7. Power to Administer 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.
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COMMISSION SEAL AND RECORDS, AND POWERS
AND DUTIES OF COMMISSION OFFICIALS
8. 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 hearings or
sessions may not be divulged until after promulgation of the decision
1. Effectivity. - These Rules shall take effect fifteen (15) days after
publication in two (2) newspapers of general circulation.