FAQs: Workers' Concerns

A Request Letter
Affidavit of Undertaking of No Pending Case
(3 copies each)
Address to:
Hon. MANUEL M. MANANSALA
Executive Labor Arbiter
For Administration

PLEADINGS & APPEARANCES

WHAT IS A COMPLAINT?

A complaint or petition is a pleading alleging the cause or causes of action of the complainant or petitioner.

WHAT INFORMATIONS AND/OR ALLEGATIONS SHOULD BE INCLUDED IN THE COMPLAINT?

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.
Also 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.

ARE AMENDMENTS TO THE COMPLAINT OR PETITION ALLOWED? IF SO WHEN?

Yes, at any time before the filing of position papers. Also, Rule III, Section 1(c) of the 2005 NLRC Rules of Procedure provides: "No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor Arbiter or the Commission."

WHAT ARE PROHIBITED PLEADINGS?

These are pleadings and motions that are not allowed and not acted acted upon nor elevated to the Commission.

WHAT ARE THE PLEADINGS AND MOTIONS PROHIBITED UNDER THE 2005 NLRC RULES OF PROCEDURES?

Rule III, Section 4 of the 2005 NLRC Rules of Procedure provides that he following pleadings and motions shall not be allowed and acted upon nor elevated to the Commission in all cases covered by the Rules:

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;
Motion for a bill of particulars;
Motion for new trial;
Petition for relief from judgment when filed with the Labor Arbiter;
Petition for certiorari, mandamus or prohibition;
Motion to declare respondent in default;
Motion for reconsideration or appeal from any interlocutory order of the Labor Arbiter.

WHERE ARE PLEADINGS FILED?

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.

WHO MAY APPEAR FOR OR IN BEHALF OF THE PARTY LITIGANTS?

Aside from the party litigant himself, a lawyer may appear in behalf of the party. 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.

HOW ARE APPEARANCES OF COUNSELS MADE?

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 notified.

CAN A NON-LAWYER APPEAR AS COUNSEL IN ANY PROCEEDINGS BEFORE THE LABOR ARBITER OR COMMISSION?

Yes. Rule III, Section 8 (b) of the 2005 NLRC Rules of Procedure provides that A non-lawyer may appear as counsel in any of the proceedings before the Labor Arbiter or Commission, however, they can only do so under the following conditions:

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.

UP TO WHAT EXTENT CAN A LAWYER OR REPRESENTATIVE ACT IN BEHALF OF THE CLIENT OR PARTY-LITIGANT?

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 III, Section 9 of the 2005 NLRC Rules of Procedure)

LEGAL FEES

WHAT ARE THE LEGAL FEES THAT ARE BEING CHARGED BY THE NATIONAL LABOR RELATIONS COMMISSION?

As per En Banc Resolution No. 01-05, Series of 2005, the following legal fees payable to the NLRC are:

1. Certificate of Pending/No Pending Cases	Php 300.00
2. Transcript of Stenographic Notes	10.00/page
3. Certified Machine Copies	10.00/page
4. Filing fee for Petition for Injunction/TRO	3,000.00
5. Filing fee for Petition for Relief from Judgment	3,000.00
6. Injunction Expense Fund (refundable)	5,000.00 minimum
7. Deposit fee under BP 325 1st P2,000.00 2,001.00 to 18,000.00 Over P18,000.00	20.00 90.00 (x.5%)
8. Filing fee for Motion to Quash (re:Writ of Execution)	500.00
9. Filing fee for Motion to Recompute Award	500.00
10. Filing fee for Third Party Claim/Complaint	5,000.00
11. Execution Fee: (to be charge pro-rat For awards less than P5,000.00 P5,000 or more but less than P20,000.00 P20,000 or more but less than P50,000.00 P50,000 or more but less than P100,000.00 P100,000 or more but less than P150,000.00 P150,000 or more	200.00 400.00 600.00 800.00 1,000.00 1,000.00 plus 10.00 for every 1,000.00 in excess of 150,000.00
12. Appeal Fee	150.00
13. Legal Research fee (UP Law Center)	20.00

IS THERE ANY EXEMPTION FROM THE PAYMENT OF LEGAL FEES?

Paragraph 3 of the En Banc Resolution No. 01-05, Series of 2005, provides:
"Unless otherwise provided by law, rule or regulation, the imposition of the foregoing fees/charges is subject to the qualification that indigent litigants ( whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage for an employee and (b) who do not own real property with a fair market value as stated in the current tax declaration or more than Three Hundred Thousand (P300,000.00) pesos shall be exempt from immediate payment of fees/charges."

WHAT IS NEEDED IN ORDER FOR A LITIGANT TO AVAIL OF SUCH EXEMPTION?

To be entitled to the exemption, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income which exceeds an amount double the monthly minimum wage, nor do they own any real property with the fair market value of more than Three Hundred Thousand (P300,000.00).

WHAT IS THE EFFECT SHOULD THERE BE FALSITY IN THE AFFIDAVIT OF THE LITIGANT?

Any falsity in the affidavit of litigant shall be sufficient cause to dismiss the complaint or action, or to strike out the pleading of that party, in addition to whatever criminal liability incurred.

ON CERTIFIED CASES

RULE VIII - CERTIFIED CASES

SECTION 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.

WHAT ARE CERTIFIED LABOR DISPUTES?

Certified labor disputes are cases certified to the Commission for compulsory arbitration under Article 263 (g) of the Labor Code, which provides:

"(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lckout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or 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. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.

In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however legitimate, by labor of its right to strike and by management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them.

The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same."

WHAT ARE THE EFFECTS OF CERTIFICATION?

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.
Subject 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.

WHAT IS THE EFFECT SHOULD THE PARTIES DEFY THE CERTIFICATION ORDER OF THE SECRETARY OF LABOR AND EMPLOYMENT?

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 parties.
The Commission may also seek the assistance of law enforcement agencies to ensure compliance and enforcement of its orders and resolutions.

HOW IS JUDGMENT IN A CERTIFIED CASE EXECUTED?

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 case.
The Commission may also seek the assistance of law enforcement agencies to ensure compliance and enforcement of its orders and resolutions.

INJUNCTION

WHAT IS PRELIMINARY INJUNCTION?

A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunction.(Rule 58, Section 1 of 1997 Rules of Civil Procedure).

WHO GRANTS TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IN LABOR CASES?

The Commission through its Divisions may grant temporary restraining order or writ of preliminary injunction in labor cases.

WHEN IS TEMPORARY INJUNCTION OR TEMPORARY RETRAINING ORDER GRANTED IN ORDINARY LABOR DISPUTES?

The Commission through its Divisions pursuant to the provisions of paragraph (e) of Article 218 of the Labor Code, as amended, may grant injunction or temporary restraining order 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 party.

IS IT NECESSARY THAT A CERTIFICATE OF NON-FORUM SHOPPING ACCOMPANY THE PETITION FOR INJUNCTION?

Yes.

WHEN WILL THE WRIT OF PRELIMINARY INJUNCTION BECOME EFFECTIVE?

The 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.

WHAT IS THE PURPOSE OF THE CASH BOND?

The purpose of the cash bond is it shall be used 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.

IN WHAT GROUNDS MAY THE COMMISSION GRANT PRELIMINARY OR PERMANENT INJUNCTION IN STRIKES AND 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:

a) 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.

b) That substantial and irreparable injury to petitioner's property will follow;

c) 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

e) That the public officers charged with the duty to protect petitioner's property are unable or unwilling to furnish adequate protection.

WHAT IS TEMPORARY RESTRAINING ORDER?

Temporary restraining order can be distinguished from injunction in a sense that it is intended only as a restraint upon the defendant until the propriety of granting an injunction, temporary or perpetual, can be determined, and it does no more than restrain the proceedings until such determination (Black's Law Dictionary). It goes not further than to preserve the status quo until such determination.

WHEN AND HOW MAY A TEMPORARY RESTRAINING ORDER BE ISSUED?

If the petitioner alleges the following that 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 issuance thereof.

WHEN WILL THE TEMPORARY RESTRAINING ORDER BE ISSUED?

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.

WHEN WILL THE WRIT OF PRELIMINARY INJUNCTION BECOME EFFECTIVE?

The purpose of the cash bond is 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.

HOW LONG IS THE EFFECTIVITY OF A 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 of Fifty Thousand Pesos (Php 50,000.00) or higher.

WHEN WILL THE ORDER OR RESOLUTION ENJOINING THE PERFORMANCE OF ILLEGAL ACTS MAY BE EXECUTED?

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 OF THE ORDER OR RESOLUTION, WHAT SANCTIONS MAY BE DONE BY THE COMMISSION?

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.

VENUE, ASSIGNMENT AND DISPOSITION OF CASES

WHAT ARE THE RULES WITH REGARDS TO VENUE?

Rule IV, Section 1 of the 2005 NLRC Rules of Procedure sets forth the following rules on Venue:

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.

For 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 employers.
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.
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.

WHO IS RESPONSIBLE FOR THE RAFFLE OF CASES FILED IN THE REGIONAL ARBITRATION BRANCHES?

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.

WHAT WILL HAPPEN SHOULD THERE BE 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?

Should this happen, 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.

WHAT SHOULD THE PARTIES DO IN ORDER TO CONSOLIDATE THEIR CASES?

Any party can file Motion for Consolidation of Cases before the Labor Arbiter who handles their case.

WHAT WOULD HAPPEN IF THERE IS AN OBJECTION TO CONSOLIDATE CASES?

In 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.

HOW ARE CASES DISPOSED?

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.

WHAT ARE THE OBLIGATIONS OF THE PARTIES AND THE LABOR ARBITER IF DURING THE PENDENCY OF THE CASE (BEFORE A LABOR ARBITER), THE SECRETARY OF LABOR HAS ASSUMED JURISDICTION OVER THE CASE OR THE SAME HAS BEEN CERTIFIED TO THE COMMISSION?

When 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. (Rule IV, Section 4, Paragraph 2 of the 2005 NLRC Rules of Procedure)

PROCEEDINGS BEFORE THE COMMISSION

IS A MOTION TO INHIBIT ENTIRE DIVISION ENTERTAINED?

No, Rule 7, Section 7 of the 2005 NLRC Rules of Procedure provides that "No motion to inhibit the entire Division of the Commission shall be entertained."

CAN A COMMISSIONER INHIBIT HIMSELF FROM CONSIDERATION AND RESOLUTION OF THE CASE?

Yes. 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.

WHAT IS THE RULE WITH REGARDS TO CONSOLIDATION OF APPEALED AND INJUNCTION CASES IN THE COMMISSION LEVEL?

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.

CAN CONCILIATION AND MEDIATION BE EXERTED IN THE COMMISSION LEVEL?

Yes. Rule 7, Section 9 of the 2005 NLRC Rules of Procedure provides -

"In the exercise of its exclusive, original and appellate jurisdiction, the Commission may exert all efforts towards the amicable settlement of a labor dispute.

The settlement of cases on appeal, to be valid and binding between the parties, shall be made before the Commissioner or his authorized representative."

WHEN DOES A DECISION OF THE COMMISSION BECOME FINAL?

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 [Rule 7, Section 14 of the 2005 NLRC Rules of Procedure].

WHEN CAN THERE BE AN ENTRY OF JUDGMENT IN THE COMMISSION LEVEL?

Upon the expiration of the ten (10) calendar day period provided in paragraph a) of Section 14 of Rule VII of the 2005 NLRC Rules of Procedure, the decision, resolution, or order shall be entered in a book of entries of judgment.
The 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 parties.

ARE MOTIONS FOR RECONSIDERATION FROM THE ORDER OF THE COMMISSION ENTERTAINED?

As a general rule, motion for reconsideration of any decision, resolution or order of the Commission shall not be entertained. However, it may be entertained 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,
The motion is accompanied by proof of service that a copy of the same has been furnished, within the reglementary period, the adverse party; and
That only one such motion from the same party shall be entertained.
Should a motion for reconsideration be entertained pursuant to Rule 7, Section 15 of the 2005 NLRC Rules of Procedure the resolution shall be executory after ten (10) calendar days from receipt thereof.

RELEASE OF JUDGEMENT AWARD

WHAT DOCUMENTS SHOULD BE SECURED FOR THE RELEASE OF A JUDGMENT AWARD?

The prevailing party must secure an Order of Release from the Labor Arbiter. The order of release must be supported by the following: (1) Decision/Resolution of the Labor Arbiter, the Commission, the Court of Appeals and the Supreme Court; (2) Motion for Release; (3) Writ of Execution; (4) Certification; (5) Entry of Judgment.

WHAT DOES THE CERTIFICATION CONTAIN?

The certification shall contain therein that no TRO/Injunction was received as of date thereof, and that the judgment is final and executory.

In case of accrued salaries and wages, the said Certification shall attest that the judgment is executory pending appeal.

WHERE SHALL THE ORDER OF RELEASE AND OTHER DOCUMENTS BE FILED?

The Order of Release supported by the above-mentioned documents shall be filed to the Central Receiving and Mailing Unit for docketing. Thereafter, the same shall be forwarded to the Management and Finance Division for processing of the disbursement voucher.

HOW SHALL THE AWARD BE DISTRIBUTED IN CASE THERE ARE TWO OR MORE CLAIMANTS?

The distribution should be made in a manner provided in the order of Release. If the Order does not provide for such, the award shall be distributed and paid on pro-rata basis as per Decision, unless there is a notarized agreement signed by all claimants providing another manner of distribution.

IF THE JUDGMENT PROVIDES FOR THE AWARD OF ATTORNEY'S FEES, TO WHOM WILL IT BE PAID?

Attorney's fees shall be paid to the judgment creditor, not his lawyer, since the same are in the concept of damages. However, if the counsel has secure from the Division or Labor Arbiter concerned an Order granting attorney's lien, an amount equivalent to said lien may be paid directly to counsel.

CAN THE JUDGMENT AWARD BE PAID TO PERSONS OR ENTITIES OTHER THAN THE WINNING PARTY?

No. No amount shall be paid to persons or entities, including family members, relatives, lawyers, attorneys-in-fact, unions and employees associations, if there are not parties to the case, except when there is an agreement which has been adopted as an integral part of a final and executory judgment.

WHAT ARE THE REQUIREMENTS NEEDED BY THE CASHIER BEFORE RELEASING THE CHECK PERTAINING TO THE ORDER OF RELEASE? TO WHOM THE CHECK SHALL BE PAYABLE?

All checks pertaining to the Order of Release shall be released by the Cashier to the payee upon presentation of at least two (2) valid identification cards, with picture and signature. In case of representative of payee (s), a Special Power of Attorney, or Secretary's Certificate, and other requirements pursuant to a separate office memorandum must be presented prior to the release of checks. All checks, however, shall still be payable to the payee, not to their representative.

EXECUTION PROCEEDINGS

WHAT IS A WRIT OF EXECUTION?

The writ of execution is an Order issued by the NLRC or any of its Labor Arbiters, requiring the sheriff or its duly designated officer to execute their judgment; it must contain the dispositive portion of the decision, order or award sought to be executed; and must require the sheriff or duly designated officer to whom it is directed substantially as follows:

If the execution be for the payment of a sum of money by the losing party, the writ shall be served by the sheriff upon the losing party or upon any other person required by law to obey the same before proceeding to satisfy the judgment out of the personal property of such party and, if no sufficient personal property can be found, then out of his real property;
If the execution be for the reinstatement of any person to any position, office or employment, such writ shall be served by the sheriff upon the losing party or upon any other person required by law to obey the same. Such party or person may be punished for contempt if he disobeys such decision or order for reinstatement, including payment of salary as a consequence of reinstatement pending appeal; [Rule III, Section 2( and (b) of the NLRC Manual on Execution of Judgment]

WHEN MAY A WRIT OF EXECUTION BE ISSUED BY A LABOR ARBITER?

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 of the 2005 NLRC Rules of Procedure.

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 the 2005 NLRC Rules of Procedure, 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.

IS THERE A NEED FOR A PRE-EXECUTION CONFERENCE? WHEN IS THIS BEING SCHEDULED BY THE LABOR ARBITER?

Yes. Rule IX, Section 2 of the 2005 NLRC Rules of Procedure provides - "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."

WHO ENFORCES THE WRIT OF EXECUTION?

The Sheriff, or other authorized officer acting as Sheriff of the Commission executes or enforces the decision, resolution or order of the commission.

HOW IS A MONETARY JUDGMENT EXECUTED?

Rule XI, Section 5 of the 2005 NLRC Rules of Procedure provides for the following:

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 deposiary bank. Where payment is made in the form of a check, the same shall be payable to the Commission.

HOW IS A JUDGMENT PROVIDING FOR REINSTATEMENT BE EXECUTED EVEN IF THERE IS AN APPEAL PENDING IN THE COMMISSION?

Rule XI, Section 6 of the 2005 NLRC Rules of Procedure provides -
"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.
"The 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 Rule IX.

MAY A LABOR ARBITER/SHERIFF REFUSE TO ISSUE/ENFORCE WRIT OF EXECUTION?

As a general rule, where the order/judgment/decision has become final and executory. The Labor Arbiter/Sheriff may refuse to issue/enforce a Writ of Execution, except:

When subsequent facts and circumstances transpire which render such execution unjust and impossible, such as the existence of supervening causes;
On equitable grounds, as when there has been a change in the situation of the parties which makes execution inequitable (Albar vs. Carandang, L-18003, Sept. 29, 1962; Heirs of Pedro Guminpin vs. CA, L-34220, February 2, 1983; Luna vs. IAC, et al., G.R. No. 68374, June 18, 1985;
Where the judgment has been novated by the parties (Fua Can Lu vs. Yap Fauco, 74 Phil. 287; cf. Zapanta vs. De Raoteche, 21 Phil. 154; Salvante vs. Cruz, 88 Phil. 326; Dormitorio vs. Fernandez, et al., L-25889, Aug. 21, 1976)
When a petition for relief or an action to enjoin the judgment is filed and a preliminary injunction is prayed for and granted 9Section 5, Rule 38 of the Rules of Court.
When the judgment has become dormant, the 5-year period having expiredc without the judgment having been revived (Cunanan vs. CA, et al., L-25511, Sept. 28, 1968)
Where the judgment turns out to be incomplete (Del Rosario vs. Villeggas, 49 phil. 634: Ignacio, et. al. vs. Hilario, et al., 76 Phil. 380) since, as a matter of law, such judgments cannot become final.

WHAT IS THE VALIDITY OF THE WRIT OF EXECUTION?

The writ of execution is valid only for a period of ONE HUNDRED EIGHTY (180) days from receipt thereof by the sheriff or duly designated officer; [Rule I, Section 4(b), 2nd Sentence of NLRC Manual on Execution of Judgment]

WHAT ARE THE PROPERTIES EXEMPT FROM EXECUTION?

Rule 4, Section 1of the NLRC Manual on Execution of Judgment provides that "Only the properties of the losing party shall be the subject of execution, except:
1. The losing party's family home, constituted in accordance with law and, in the absence thereof, the homestead in which he resides, and land necessarily used in connection therewith, subject to the limits fixed by law;
2. His necessary clothing, and that of his family;
3. Household furnitures and utensils necessary for housekeeping, and used for that purpose by the losing party such as he may select, of a value not exceeding the amount fixed by law;
4. Provisions for individual or family use sufficient for three (3) months;
5. The professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding the amount fixed by law;
6. So much of the earnings of the losing party for his personal services within the month preceding the levy as are necessary for the support of his family;
7. All moneys, benefits, privileges or annuities accruing or, in any matter, growing out of any life insurance;
8. Tools and instruments necessarily used by him in his trade or employment of a value not exceeding three thousand pesos (P3,000.00);
9. Other properties especially exempted by law.
Rule 39, Section 13 of the Rules of Court also suppletorily provides that "Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:
1. The judgment obligor's family home as provided by law, or the homestead in which he resides, and land necessarily used in connection therewith;
2. Ordinary tools and implements personally used by him in hs trade, employment, or livelihood;
3. Three horses, or three cows, or three carabaos, or other beasts of burden such as the judgment obligor may select necessarily used by him in his ordinary occupation;
4. His necessary clothing and articles for ordinary personal use, excluding jewelry;
5. Household furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding one hundred thousand pesos;
6. Provisions for individual or family use sufficient for four months;
7. The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in value;
8. One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood;
9. So much of the salaries, wages, or earnings of the judgment obligor of his personal services within the four months preceding the levy as are necessary for the support of his family;
10. Lettered gravestones;
11. Monies benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;
12. The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Government;
13. Properties specially exempt by law."
But no article or species of property mentioned in his section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.

WHAT IS THE 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 (Rule XI, Section 9 of the 2005 NLRC Rules of Procedure)

WHAT IS THE EFFECT ON EXECUTION OF A PETITION FOR CERTIORARI LODGED IN THE COURT OF APPEALS OR THE SUPREME COURT?

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 (Rule XI, Section 10 of the 2005 NLRC Rules of Procedure).

WHAT ARE THE GROUNDS OF QUASHING THE WRIT OF EXECUTION?

It was improvidently issued;
It is defective in substance;
It is issued against the wrong party;
The judgment was already satisfied;
It was issued without authority;
There is a change in the situation of the parties that renders execution inequitable
The Writ of Execution varies the terms of judgment
The Writ of Execution is sought to be enforced against property exempt from execution; or
Where there is ambiguity in the terms of the judgment

WHAT IS THE EFFECT OF THE FILING OF A MOTION TO QUASH?

The mere filing of a motion to quash shall not stay execution proceedings.

WHO WILL RESOLVED THE MOTION TO QUASH FILED BY THE RESPONDENT AND WITHIN WHAT TIME FRAME?

A motion to quash shall be resolved by the Labor Arbiter within ten (10) working days from submission of said motion for resolution.

WHEN CAN A THIRD PARTY CLAIM BE FILED?

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.

HOW IS A THIRD PARTY COMPLAINT FILED?

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.

HOW MUCH IS THE FEE CHARGED IN FILING A THIRD PARTY CLAIM?

Please refer to the Schedule of Fees.

WHAT IS THE EFFECT OF A THIRD PARTY CLAIM ON THE EXECUTION PROCEEDINGS?

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.

WITHIN WHAT TIME MUST THE LABOR ARBITER RESOLVE THE THIRD PARTY CLAIM?

The Labor Arbiter shall resolve the propriety of such third party claim within ten (10) working days from submission of said claim for resolution.

WHAT ARE THE OBLIGATIONS OF THE PREVAILING PARTY IN ORDER TO HASTEN THE EXECUTION PROCESS?

The complainant/s have the obligation to know and inform the sheriff regarding the bank accounts, properties, personal or real, of the judgment obligor that may be subject to garnishment or levy.

HOW IS A DECISION OR ORDER EXECUTED?

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 finality.

APPEAL

WHAT IS AN APPEAL IN COMPULSORY ARBITRATION?

Appeal is a procedural remedy that is available to a party aggrieved or not satisfied with the decision, order or award of the Labor Arbiter or Regional Director of Department of Labor and Employment.

WHAT ARE THE 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;
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 ( Rule VI, Section 1, Par. 1 of the 2005 NLRC Rules of Procedure).

DOES THE COMMISSION ENTERTAIN ANY MOTION OR REQUEST FOR EXTENSION WITHIN WHICH TO PERFECT AN APPEAL?

No motion or request for extension of the period within which to perfect an appeal shall be allowed(Rule IV, Section 1, Par. 2 of the 2005 NLRC of Procedure).

WHAT ARE THE GROUNDS FOR APPEAL?

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;
If the decision, resolution or order was secured through fraud or coercion, including graft and corruption;
If made purely on questions of law; and/or
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. (Rule VI, Section 2 of the 2005 NLRC Rules of Procedure).

WHERE IS THE APPEAL FILED?

The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided (Rule VI, Section 3 of the 2005 NLRC Rules of Procedure).

WHAT ARE THE REQUISITES FOR PERFECTION OF APPEAL?

Rule VI, Section 4, of the 2005 NLRC Rules of Procedure sets forth the requirements for perfection of appeal, to wit:
1. The appeal shall be filed within the reglementary period;
2. Appeal must be verified by the appellant himself in accordance with Section 4, Rule 7 of the Rules of Court, as amended;
3. The appeal shall be 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. The appeal shall be in three (3) legibly typewritten or printed copies; and accompanied by the following:
  i) proof of payment of the required appeal fee;
  ii) posting of a cash or surety bond as provided in Rule IV, Section 6 of 2005 NLRC Rules of Procedure;
  iii) a certificate of non-forum shopping; and
  iv) proof of service upon the other parties.

WHERE IS CAN THE APPELLEE FILE HIS ANSWER OR REPLY TO THE APPELLANT'S MEMORANDUM OF APPEAL AND WITHIN WHAT TIME?

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 same. [Rule IV, Section 4(d) of 2005 NLRC Rules of Procedure]

HOW MUCH IS THE 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.

WHEN IS A BOND REQUIRED IN AN APPEAL?

A bond (in the form of cash or surety) is required in case the decision of the Labor Arbiter or the Regional Director involves a monetary award.

HOW MUCH BOND IS REQUIRED TO BE POSTED BY THE APPELLANT IN ORDER TO PERFECT ITS APPEAL?

The bond, which shall either be in the form of cash deposit or surety bond, must be equivalent in amount to the monetary award, exclusive of damages and attorney’s fees.

WHAT ARE THE REQUISITES IN POSTING A SURETY BOND?

The surety bond shall be issued by a reputable bonding company duly accredited by the Commission or the Supreme Court,
The bond shall be accompanied by original or certified true copies of the following:
1. 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.
2. an indemnity agreement between the employer-appellant and bonding company;
3. proof of security deposit or collateral securing the bond: provided, that a check shall not be considered as an acceptable security;
4. a certificate of authority from the Insurance Commission;
5. certificate of registration from the Securities and Exchange Commission;
6. certificate of authority to transact surety business from the Office of the President;
7. certificate of accreditation and authority from the Supreme Court; and
8. notarized board resolution or secretary’s certificate from the bonding company showing its authorized signatories and their specimen signatures.

WHAT IS THE DURATION OF THE EFFECTIVITY OF THE BOND POSTED BY THE APPELLANT?

A 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.

IS A MOTION TO REDUCE BOND ENTERTAINED?

As a general rule, no motion to reduce bond shall be entertained. However, it has an exception – it may be entertained on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award.
The 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.

WHAT IS THE EFFECT WHEN THE APPEAL IS PERFECTED?

Without prejudice to immediate reinstatement pending appeal under Section 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 Commission.

WHAT IS CONCILIATION-MEDIATION?

Conciliation-mediation is a voluntary process where a trained neutral third party, facilitates the negotiation between parties, using learned techniques, as a means of helping them reach a mutually satisfying outcome.

HOW IS CONCILIATION-MEDIATION DIFFERENT FROM ARBITRATION?

In conciliation-mediation, the parties decide on how to resolve the problem with the assistance of the conciliator-mediator who strives for a win-win solution. In conciliation-mediation, the conciliator-mediator provides the safe space for parties to speak, generate options and make wise choices to end the dispute.
In arbitration, the parties surrender to the labor arbiter the sole right to make a decision on their problem. Thus, in arbitration, as it is in litigation, there is always a winner and there is always a loser.

WHAT ARE THE BASES OF THE IMPLEMENTATION OF CONCILIATION –MEDIATION IN THE NLRC?

Art XIII, Sec. 3 (Par. 3) of the 1987 Philippine Constitution
"The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace."
Art. 211 (A) of the Labor Code of the Philippines
"Art. 211. Declaration of Policy. – A. It is the policy of the State:
1. To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;"
The NLRC Mandate

WHAT IF IT DOES NOT WORK TO ANY OF THE PARTIES INVOLVED?

Conciliation-mediation is purely a voluntary process where any of the parties, including the conciliator-mediator can terminate the proceedings at any time when it does not seem to be working, and proceed to compulsory arbitration.

WHO ARE THE PARTIES INVOLVED IN A CONCILIATION-MEDIATION PROCESS?

The parties involved;
The conciliator-mediator;
The lawyers (if desired by the parties)

WHAT ARE THE BENEFITS OF THE CONCILIATION-MEDIATION PROCESS?

IT IS CONVENIENT. Resettings are arranged to meet the schedule of the persons involved or by agreement of the parties.
IT IS PRIVATE. All procedures are confidential.
IT IS VOLUNTARY. Parties may undergo the process if they choose to do so.
IT IS RELATIONSHIP-BUILDING. As said earlier, conflict resolved through cooperation results in better feelings thus safer, stronger community.
IT IS AFFIRMING. Individuals gain self-esteem, mutual respect, and new skills for dealing with the future conflicts.
IT IS COST-EFFECTIVE. Effectively resolving disputes generally reduces both the emotional and financial cost.
IT IS TIME-SAVING. Usually results in much quicker resolution of problems than when taken in court.
IT IS WIN-WIN. Better than win/lose of court action.

WHAT HAPPENS SHOULD THE PARTY REACH AN AMICABLE AGREEMENT?

The parties will be made to execute a compromise agreement and a quitclaim and release. The said documents shall be subscribed upon by the parties before the Labor Arbiter.

WHAT WILL HAPPEN IF THE OTHER PARTY DOES NOT COMPLY WITH THE TERMS AND CONDITIONS PROVIDED UNDER THE COMPROMISE AGREEMENT?

The aggrieved party may file a complaint for the purpose of enforcing the compromise agreement.

PROCEEDINGS BEFORE LABOR ARBITERS

WHAT ARE THE CASES WHICH FALLS UNDER THE ORIGINAL AND EXCLUSIVE 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:
1. Unfair labor practice cases;
2. Termination disputes;
3. 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;
4. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
5. Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions involving the legality of strikes and lockouts;
6. 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;
7. 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;
8. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6727;
9. Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended; and
10. Other cases as may be provided by law.

DO LABOR ARBITERS HAVE JURISDICTION WITH REGARDS TO THE IMPLEMENTATION OR INTERPRETATION OF COLLECTIVE BARGAINING AGREEMENTS?

No, as the same falls under the jurisdiction of Voluntary Arbitrator. However, Rule V, Section 2, Paragraph 2 of the 2005 NLRC Rules of procedure provides for its disposition, to wit:
"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."

WHAT IS THE NATURE OF THE PROCEEDINGS BEFORE THE LABOR ARBITER?

The proceedings before the Labor Arbiter shall be non-litigious in nature.

WHAT IS MANDATORY CONCILIATION AND MEDIATION CONFERENCE?

Mandatory conciliation and mediation conference is an alternative mode of dispute resolution wherein the parties tries to reach an amicable settlement before the Labor Arbiter.

WHAT IS THE PURPOSE OF CONDUCTING MANDATORY CONCILIATION AND MEDIATION CONFERENCE?

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. [Rule V, Section 3(a) of the 2005 NLRC Rules of Procedure]

UNTIL WHAT STAGE OF THE PROCEEDINGS CAN CONCILIATION AND MEDIATION EFFORTS BE EXERTED?

Conciliation and mediation efforts shall be exerted by the Labor Arbiters all throughout the proceedings.

IF THE CONCILIATION AND MEDIATION EFFORTS SUCCEED, WHAT SHOULD THE PARTIES DO NEXT?

Should the parties arrive at any agreement as to the whole or any part of the dispute, the same shall execute a compromise agreement which shall be signed by the parties and their respective counsel or authorized representative, if any, before the Labor Arbiter.

WHO SHALL APPROVE THE COMPROMISE AGREEMENT ENTERED INTO BY THE PARTIES?

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.

WHAT IS THE EFFECT OF A COMPROMISE AGREEMENT?

A compromise agreement duly entered into in accordance with Rule V, Section 3 of the 2005 NLRC Rules of Procedure shall be final and binding upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter.

WHEN WILL THE MANDATORY CONCILIATION AND MEDIATION BE TERMINATED?

The mandatory conciliation and mediation conference shall be terminated within thirty (30) calendar days from the date of the first conference.

IS THERE AN EXEMPTION TO THIS RULE?

Yes. It may be extended or shortened upon justifiable or meritorious grounds.

IS A MOTION FOR POSTPONEMENT ALLOWED?

As a general rule, Rule V, Section 3(f) of the 2005 NLRC Rules of Procedure states that “no motion for postponement shall be entertained”. However, it may be entertained on meritorious grounds.”

WHAT IS THE EFFECT SHOULD THERE BE A 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 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.

CAN PARTIES FILE A MOTION TO DISMISS? WHEN?

Yes. On or before the date set for the mandatory conciliation and mediation conference, the respondent may file a motion to dismiss.

WHAT GROUNDS MAY BE USED IN FILING A MOTION TO DISMISS?

A Motion to Dismiss may be made on the following grounds:

Lack of jurisdiction,
Improper venue, or
The cause of action is barred by prior judgment, prescription, or forum shopping.

WHAT IS THE EFFECT OF THE DENIAL OF A MOTION TO DISMISS?

An order denying the motion to dismiss, or suspending its resolution until the final determination of the case, is not appealable.

WHEN WILL THE PARTIES BE ALLOWED TO SUBMIT POSITION PAPERS?

Should there be failure of mandatory conciliation and mediation or there is non-appearance of by the respondent in the mandatory conciliation and mediation conference, 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.

WHAT MUST BE ALLEGED IN THE POSITION PAPER?

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 witnesse0s, which shall take the place of their direct testimony.

WHEN MUST A REPLY BE FILED?

A reply may be filed by any party within ten (10) calendar days from receipt of the position paper of the adverse party.

WHAT ALLEGATIONS ARE PARTIES NOT ALLOWED TO MAKE 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.

IS IT NECESSARY FOR THE LABOR ARBITER TO CONDUCT A CLARIFICATORY HEARING? IF NOT, WHEN?

No. Only if upon after submission of the parties, the Labor Arbiter determined that there is a need for clarificatory hearing.

WHAT IS THE PURPOSE OF THE CLARIFICATORY HEARING?

Clarificatory hearings are being conducted in order for the Labor Arbiter to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence, if any, from any party or witness.

WHAT IS THE AGGREGATE PERIOD FOR CLARIFICATORY HEARING?

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.
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.

WHEN IS A CASE BE DEEMED SUBMITTED FOR DECISION?

The case shall be deemed submitted for decision on the following instances:

Upon the submission by the parties of their position papers or replies, or the lapse of the period to submit the same.
If the Labor Arbiter calls for a hearing or clarificatory conference, once it the hearing or conference is terminated, the case shall be deemed submitted for decision.

WHAT IS THE PERIOD WITHIN WHICH THE LABOR ARBITER MAY DECIDE THE 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. (Rule V, Section 13 of the 2005 NLRC Rules of Procedure)

ARE MOTIONS FOR RECONSIDERATION OR RELIEF FROM JUDGMENT OF LABOR ARBITERS ENTERTAINED IN THE ARBITRAL LEVEL?

No. 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. (Rule V, Section 15 of the 2005 NLRC Rules of Procedure)

HOW MAY A DISMISSED CASE BE REVIVED OR REOPENED?

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.( Rule V, Section 16 of the 2005 NLRC Rules of Procedure).

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