THE 2011 NLRC RULES OF PROCEDURE, AS AMENDEDPursuant to the provisions of Article 218 of Presidential Decree No. 442, as amended, otherwise known as the Laor !ode of the Philippines, the followin" #evised #ules of Procedure "overnin" aritration proceedin"s efore the Laor Ariters and the !ommission are here$ adopted and promul"ated%RULE I TITLE AND CONSTRUCTIONSEC 2. CONSTRUCTIONlierall$ construed to carr$ out the o&ectives of the !onstitution, the Laor !ode of the Philippines and other relevant le"islations, and to assist the parties in otainin" &ust, e'peditious and ine'pensive resolution and settlement of laor disputes.RULE II DEFINITION OF TERMSSECTION 1. DEFINITIONS.#e"ional Aritration (ranch) shall mean AN* of the re"ional aritration ranches or su+re"ional ranches of the !ommission.,,,,,,,,,,,,,,,,,,,,,,,,,,,RULE III PLEADINGS, NOTICES AND APPEARANCESSECTION 1. COMPLAINT.SECTION 2. CAPTION AND TITLE. SECTION 3. FILING AND SERVICE OF PLEADINGS. - All pleadin"s in connection with a case shall e filed with the appropriate docketin" unit of the #e"ional Aritration (ranch or the !ommission, as the case ma$ e..n the event that the pleadin"s are filed throu"h re"istered mail or courier authori/ed $ the !ommission, the date of mailin" shall e considered as the date of filin" thereof. (En Banc Resolution No. 05-14, Series of 2014)0he part$ filin" a pleadin" shall serve the opposin" parties with a cop$ and its supportin" documents. No pleadin" shall e considered without proof of service to the opposin" parties e'cept if filed simultaneousl$ durin" a schedule set efore the Laor AriterSECTION 4. SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. SECTION 5. PROOF AND COMPLETENESS OF SERVICE. SECTION 6. APPEARANCES. - 1a2 A law$er appearin" for a part$ is presumed to e properl$ authori/ed for that purpose.12 A non+law$er ma$ appear in an$ of the proceedin"s efore the Laor Ariter or !ommission onl$ under the followin" conditions%112 he3she represents himself3herself as part$ to the case4(2)he3she represents a legitimate labor organization, that he3she presents to the !ommission or Laor Ariter durin" the mandator$ conference or initial hearin"% 1i2 a certification from the (ureau of Laor #elations 1(L#2 or #e"ional 5ffice of the Department of Laor and 6mplo$ment attestin" that the or"ani/ation...dul$ re"istered and listed in the roster of le"itimate laor or"ani/ations4 1ii2 a verified certification issued $ the secretar$ and attested to $ the president of the said or"ani/ation statin" that he3she is authori/ed to represent the said or"ani/ation in the said case4 and 1iii2 a cop$ of the resolution of the oard of directors of the said or"ani/ation "rantin" him such authorit$4 (3) he3she represents a memer or memers of a le"itimate laor or"ani/ation that is existing within the employers establishment, who are parties to the case% Provided that, he3she presents% 1i2 a verified certification attestin" that he3she is authori/ed $ such memer or memers to represent them in the case4 and 1ii2 a verified certification issued $ the secretar$ and attested to $ the president of the said or"ani/ation statin" that the person or persons he3she is representin"(4) le"al aid SECTION 7. AUTHORITY TO BIND PARTY. RULE IV VENUE, ASSIGNMENT AND DISPOSITION OF CASES AT THE REGIONAL ARBITRATION BRANCHSECTION 1. VENUE. 7or purposes of venue, the workplace shall e understood as the place or localit$ where the emplo$ee is re"ularl$ assi"ned at the time the cause of action7.6LD 68PL5*669%.n case of field emplo$ees, as well as amulant or itinerant workers, their workplace is where the$ are re"ularl$ assi"ned, or where the$ are supposed to re"ularl$ receive their salaries and wa"es or work instructions from, and report the results of their assi"nment to, their emplo$ers.2 3 85#6 #A( :A;6 uired &urisdiction over the case shall e'clude the others.?A.;6# 57 ;6N=6 ?hen venue is not o&ected D=#.N@ 190 8ANDA05#* !5N76#6N!6 57? overseas 7ilipino workers ma$ e filed efore the #e"ional Aritration (ranch havin" &urisdiction over the place where the complainant resides or where the principal office of an$ of the respondents is situated, at the option of the complainant.SECTION 2. RAFFLE AND ASSIGNMENT OF CASES. SECTION 3. CONSOLIDATION OF CASES AND COMPLAINTS. -SAME EMPLYOER + COMMON PRINCIPAL CoASECTION 4. DISPOSITION OF CASES. - 9u&ect to the provisions of Article 2AB1"2 of the Laor !ode, as amended, when a case is assi"ned to a Laor Ariter, the entire case and an$ or all incidents thereto shall e considered assi"ned to him3her, and the same shall e disposed of in the same proceedin"s to avoid multiplicit$ of suits or proceedin"s.*Secretary of Labor RULE V PROCEEDINGS BEFORE LABOR ARBITERSSECTION 1. JURISDICTION OF LABOR ARBITERS. - Laor Ariters shall have ori"inal and e'clusive &urisdiction to hear and decide the followin" cases involvin" all workers, whether a"ricultural or non+a"ricultural%1a2 =nfair laor practice cases4 12 0ermination disputes4 1c2 .f accompanied with a claim for reinstatement, those cases thatworkers ma$ file involvin" wa"es, rates of pa$, hours of work and otherterms and conditions of emplo$ment4 1d2 !laims for actual, moral, e'emplar$ and other forms of dama"esarisin" from emplo$er+emplo$ee relations4 1e2 !ases arisin" from an$ violation of Article 2A4 of the Laor !ode, asamended, includin" >uestions involvin" the le"alit$ of strikes andlockouts4 1f2 Ex!ept claims for emplo$ees compensation not included in the ne'tsucceedin" para"raph, social securit$, medicare, and maternit$ enefits, all other claims arisin" from emplo$er+emplo$ee relations, includin" those of persons in domestic or household service, involvin" an amount e'ceedin" 7ive 0housand Pesos 1PC,DDD.DD2, whether or not accompanied with a claim for reinstatement41"2 ?a"e distortion disputes in unor"ani/ed estalishments not voluntaril$ settled $ the parties pursuant to #epulic Act No. AE2E41h26nforcement of compromise a"reements when there is non+ compliance $ an$ of the parties pursuant to Article 22E of the Laor !ode, as amended41i2 8one$ claims arisin" out of emplo$er+emplo$ee relationship or $ virtue of an$ law or contract, involvin" 7ilipino workers for overseas deplo$ment, includin" claims for actual, moral, e'emplar$ and other forms of dama"es as provided $ 9ection 1D of #A 8D42, as amended $ #A 1DD224 and1&2 5thercasesasma$eprovided$law.,,, from LA to @#.6;AN!6 8A!:.N6#* and ;5L=N0A#* A#(.0#A0.5N% 12 !ases arisin" from the interpretation or implementation of collective ar"ainin" a"reements and22 22those arisin" from the interpretation or enforcement of compan$ personnel policies SECTION 2. NATURE OF PROCEEDINGS. - 0he proceedin"s efore the Laor Ariter shall e non+liti"ious in nature.SECTION 3. ISSUANCE OF SUMMONS. - ?ithin two 122 da$s from receipt of a complSECTION 4. SERVICE OF SUMMONS. -SECTION 5. PROHIBITED PLEADINGS AND MOTIONS. - 0he followin" pleadin"s and motions shall not e allowed and acted upon nor elevated to the !ommission%1a2 8otion to dismiss the complaint e'cept on the "round of lack of &urisdiction over the su&ect matter, improper venue, res judicata, prescription and forum shoppin"412 8otion for a ill of particulars4 1c2 8otion for new trial4 1d2 Petition for relief from &ud"ment4 1e2 8otion to declare respondent in default4 1f2 8otion for reconsideration of an$ decision or an$ order of the LaorAriter4 1"2 Appeal from an$ interlocutor$ order of the Laor Ariter, such as utnot limited to, an order%112 den$in" a motion to dismiss4 122 den$in" a motion to inhiit4 1B2 den$in" a motion for issuance of writ of e'ecution4 or 142 den$in" a motion to >uash writ of e'ecution41h2 Appeal from the issuance of a certificate of finalit$ of decision $ the Laor Ariter41i2 Appeal from orders issued $ the Laor Ariter in the course of e'ecution proceedin"s4 and1&2 9uch other pleadin"s, motions and petitions of similar nature intended to circumvent aove provisions. 1Ca, #...2SECTION 6. MOTION TO DISMISS. " #e$ore the %ate set $or the man%atory !on!iliation an% me%iation !on$eren!e, the respondent ma$ file a motion to dismiss on "rounds provided under 9ection C, para"raph 1a2 hereof. 9uch motion shall e acted upon $ the Laor Ariter efore the issuance of an order re>uirin" the sumission of position paper.SECTION 7. EFFECT OF FAILURE TO FILE. - No motion to dismiss shall e allowed or entertained after the lapse of the period provided in 9ection A hereof. 1n2SECTION 8. MANDATORY CONCILIATION AND MEDIATION CONFERENCE. - 1a2 0he mandator$ conciliation and mediation conference shall e called for the purpose of% 112 amical$ settlin" the case upon a fair compromise4 122 determinin" the real parties in interest4 1B2 determinin" the necessit$ of amendin" the complaint and includin" all causes of action4 142 definin" and simplif$in" the issues in the case4 1C2 enterin" into admissions or stipulations of facts4 and 1A2 threshin" out all other preliminar$ matters. 0he Laor Ariter shall personall$ preside over and take full control of the proceedin"s and ma$ e assisted $ the Laor Aritration Associate in the conduct thereof. Provided that, in areas where there is no Laor Ariter assi"ned, conciliation and mediation ma$ e conducted $ a Laor Aritration Associate, an$ other NL#! personnel with sufficient trainin" and knowled"e on conciliation and mediation, authori/ed $ the !hairman or a dul$ authori/ed personnel of the Department of Laor and 6mplo$ment pursuant to an$ 8emorandum of A"reement e'ecuted for this purpose. (As amended by En Banc Resolution No. 05-14, Series of 2014)SECTION 9. EFFECT OF FAILURE OF SETTLEMENT. - .f the parties fail to a"ree on an amicale settlement, either in whole or in part, durin" the mandator$ conciliation and mediation conference, the Laor Ariter or the said dul$ authori/ed personnel shall proceedin"s9ECTION 10. NON-APPEARANCE OF PARTIESSECTION 11. AMENDMENT OF COMPLAINT/PETITIONSECTION 12. SUBMISSION OF POSITION PAPER AND REPLY.SECTION 13. DETERMINATION OF NECESSITY OF HEARING OR CLARIFICATORY CONFERENCE. -SECTION 14. ROLE OF THE LABOR ARBITER IN HEARING AND CLARIFICATORY CONFERENCE. - 1a2 0he Laor Ariter shall take full control and personall$ conduct the hearin" or clarificator$ conference and ma$ ask >uestions for the purpose of clarif$in" points of law or facts involved in the case. ,,written summar$ of the proceedin"s, includin" the sustance of the evidence presented, in consultation with the parties. SECTION 15. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF HEARINGS AND CLARIFICATORY CONFERENCES. -SECTION 16. SUBMISSION OF THE CASE FOR DECISION.SECTION 17. INHIBITION.SECTION 18. PERIOD TO DECIDE CASE. - BD da$s+ ordinar$ 1even without 9teno notesFD da$s - 57?SECTION 19. CONTENTS OF DECISIONS9ECTION 20. DEATH OF PARTIES. SECTION 21. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. ,, SECTION 22. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE AND LIFTING OF WAIVER. - A part$ ma$ file a motion to revive or re+open a case dismissed without pre&udice, within ten 11D2 calendar da$s from receipt of notice of the order dismissin" the same4 otherwise, the onl$ remed$ shall e to re+file the case. A part$ declared to have waived his3her ri"ht to file position paper ma$, at an$ time after notice thereof and efore the case is sumitted for decision, file a motion under oath to set aside the order of waiver upon proper showin" that his3her failure to appear was due to &ustifiale and meritorious "rounds. 11Aa2RULE VI APPEALSSECTION 1. PERIODS OF APPEAL. - Decisions, awards, or orders of the &abor 'rbiter shall e final and e'ecutor$ unless appealed to the !ommission $ an$ or oth parties within ten 11D2 calendar da$s from receipt thereof4 and in case of decisions or resolutions of the #egional (ire!tor o$ the (epartment o$ &abor an% Employment pursuant to Article 12F of the Laor !ode, within five 1C2 calendar da$s from receipt thereof. SECTION 2. GROUNDS. - 0he appeal ma$ e entertained onl$ on an$ of the followin" "rounds%1a2 .f there is prima facie evidence of ause of discretion on the part of the Laor Ariter or #e"ional Director412 .f the decision, award or order was secured throu"h fraud or coercion, includin" "raft and corruption41c2 .f made purel$ on >uestions of law4 and3or 1d2 .f serious errors in the findin"s of facts are raised which, if notcorrected, would cause "rave or irreparale dama"e or in&ur$ to the appellant. 12a2SECTION 3. WHERE FILED. - 0he appeal shall e filed with the #e"ional Aritration (ranch or #e"ional 5ffice where the case was heard and decided.ALERT ALERT mentioned in a case! SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. - 1a2 0he appeal shall e%112 filed within the reglementary period provided in 9ection 1 of this #ule4 122verified $ the appellant himself3herself in accordance with 9ection 4,#ule E of the #ules of !ourt, as amended4 1B2 in the form of a memorandum of appeal which shall state the "roundsrelied upon and the ar"uments in support thereof, the relief pra$ed for, and with a statement of the date the appellant received the appealed decision, award or order4142in three 1B2 le"il$ t$pewritten or printed copies4 and 1C2accompanied $%)i* proo$ o$ payment o$ the re+,ire% appeal $ee an% legal resear!h $ee, )ii* posting o$ a !ash or s,rety bon% as pro-i%e% in Se!tion . o$ thisR,le, an% )iii* proo$ o$ ser-i!e ,pon the other parties. 12 A 86#6 N50.!6 57 APP6AL without compl$in" with the other re>uisites aforestated shall not stop the runnin" of the period for perfectin" an appeal.1c2 0he appellee ma$ file with the #e"ional Aritration (ranch or #e"ional 5ffice where the appeal was filed his3her answer or repl$ to appellantGs memorandum of appeal, not later than ten 11D2 calendar da$s from receipt thereof. 7ailure on the part of the appellee who was properl$ furnished with a cop$ of the appeal to file his3her answer or repl$ within the said period ma$ e construed as a waiver on his3her part to file the same.(d) 9u&ect to the provisions of Article 218 of the Laor !ode, once the appeal is perfected in accordance with these #ules, the Commission shall limit itsel$ to re-iewing an% %e!i%ing only the spe!i$i! iss,es that were ele-ate% on appeal.)/a* SECTION 5. APPEAL FEE. CTION 6. BOND. - .n case the decision of the Laor Ariter or the #e"ional Director involves a monetar$ award, an appeal $ the emplo$er ma$ e perfected onl$ upon the postin" of a ond, which shall either e in the form of 1) cash deposit or2)suret$ ond e>uivalent in amount to the monetar$ award, 000ex!l,si-e o$ %amages an% attorneys $ees.In !ase o$ s,rety bon%, the same shall be iss,e% by a rep,table bon%ing !ompany %,ly a!!re%ite% by the Commission or the S,preme Co,rt, an% shall be a!!ompanie% by original or !erti$ie% tr,e !opies o$ the $ollowing11a2 a &oint declaration under oath $ the emplo$er, his3her counsel, and the ondin" compan$, attestin" that the ond posted is "enuine, and shall e in effect until final disposition of the case412 an indemnit$ a"reement etween the emplo$er+appellant and ondin" compan$41c2 proof of securit$ deposit or collateral securin" the ond% provided, that a check shall not e considered as an acceptale securit$41d2 a certificate of authorit$ from the .nsurance !ommission4 1e2certificate of re"istration from the 9ecurities and 6'chan"e!ommission4 1f2 certificate of accreditation and authorit$ from the 9upreme !ourt4 and 1"2 notari/ed oard resolution or secretar$Hs certificate from the ondin"compan$ showin" its authori/ed si"natories and their specimen si"natures00-ali% an% e$$e!ti-e $rom the %ate o$ %eposit or posting, ,ntil the !ase is $inally %e!i%e%, resol-e% or terminate%, or the awar% satis$ie%.0$,rnish the appellee with a !erti$ie% tr,e !opy o$ the sai% s,rety bon% with all the abo-e2mentione% s,pporting %o!,ments00Commission shall !a,se the imme%iate %ismissal o$ the appeal 3 Upon -eri$i!ation by the Commission that the bon% is a* irreg,lar or b* not gen,ineNo motion to reduce bond shall be entertained except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award.The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraphs shall not stop the running of the period to perfect an appeal )C'SE4*SECTION 7. RECORDS OF CASE ON APPEAL. - 0he records of a case shall have a correspondin" inde' of its contents which shall include the followin"% 1a2 the ori"inal cop$ of the complaint4 12 other pleadin"s and motions4 1c2 minutes of the proceedin"s, notices, transcripts of steno"raphic notes, if an$4 1d2 decisions, orders, and resolutions as well as proof of service thereof, if availale4 1e2 the computation of the award4 1f2 memorandum of appeal and the repl$ or answer thereto, if an$, and proof of service, if availale4 1"2 official receipt of the appeal fee4 and 1h2 the appeal ond, if an$.0he records shall e chronolo"icall$ arran"ed and pa"ed prominentl$.SECTION 8. TRANSMITTAL OF RECORDS OF CASE ON APPEAL. - ?ithin fort$+ei"ht 1482 hours after the filin" of the appeal, the records of the case shall e transmitted $ the #e"ional Aritration (ranch or office of ori"in to the !ommission.SECTION 9. FILING OF APPEAL; EFFECT. - ?ithout pre&udice to immediate reinstatement pendin" appeal under 9ection B of #ule I., once an appeal is filed, the Laor Ariter L59969 &urisdiction over the case. All pleadin"s and motions pertainin" to the appealed case shall thereafter e addressed to and filed with the !ommission. 1Fa2SECTION 10. FRIVOLOUS OR DILATORY APPEALS. - No appeal from an interlocutor$ order shall e entertained. 0o discoura"e frivolous or dilator$ appeals, includin" those taken from interlocutor$ orders, the !ommission after hearin" ma$ censure or cite in contempt the errin" parties and their counsels, or su&ect them to reasonale fine or penalt$. 11Da2SECTION 11. APPEALS FROM DECISION OF OTHER AGENCIES. - 0he #ules provided herein "overnin" appeals from the decisions or orders of Laor Ariters shall appl$ to appeals to the !ommission from decisions or orders of the other offices or a"encies appealale to the !ommission accordin" to law.NL#! uorum. 0he vote or concurrence of the ma&orit$ of the memers constitutin" a >uorum shall e the decision or resolution of the !ommission 6n (anc.1c2 Division. - 0he presence of at least two 122 !ommissioners of a Division shall constitute a >uorum. 0he concurrence of two 122 !ommissioners of a Division shall e necessar$ for the pronouncement of a &ud"ment or resolution.?henever the re>uired memership in a Division is not complete and3or the concurrence of two 122 !ommissioners cannot e otained to arrive at a &ud"ment or resolution, the !hairman shall desi"nate such numer of additional !ommissioners elon"in" to the same sector from the other Divisions as ma$ e necessar$. .n the event that all the memers of a division inhiit themselves from resolvin" a case, the !hairman ma$ create a 9pecial Division or assi"n the case to an$ of the other Divisions.(d) #ole of !hairman in the Division. - 0he !hairman of the !ommission ma$ convene and preside over the session of an$ Division to consider an$ case pendin" efore it and participate in its delierations, if in his3her &ud"ment, his3her presence therein will est serve the interests of laor &ustice. :e3she shall not however, participate in the votin" $ the Division, e'cept when he3she is actin" as Presidin" !ommissioner of the Division in the asence of the re"ular Presidin" !ommissioner. 14a2SECTION 5. CONSULTATION. (efore D6!.D.N@SECTION 6. DISSENTING OPINION. -SECTION 7. INHIBITION. -SECTION 8. ABSTENTION. - .n the event of an astention, and the concurrence of two 122 !ommissioners to arrive at a &ud"ment or resolution cannot e otained, 9ection 4 1c2, second para"raph, of this #ule shall appl$.SECTION 9. CONSOLIDATION OF CASES.SECTION 10. TECHNICAL RULES NOT BINDING. SECTION 11. CONCILIATION AND MEDIATION. - .n the e'ercise of its e'clusive, ori"inal and appellate &urisdiction, the !ommission ma$ e'ert all efforts towards the amicale settlement of a laor dispute****SECTION 12. ROLE OF THE LABOR ARBITER AND COMMISSION ATTORNEYS ASSIGNED TO THE COMMISSION. The settlement of cases on APPEAL, to be valid and binding between the parties, shall be approved by the Commission. shall be assisted by a Labor Arbiter or Commission Attorney who may be directed to study, review, conduct conciliation and mediation proceedings, hear and receive evidence, and submit reports SECTION 13. FORM OF DECISION, RESOLUTION AND ORDER. - 0he decision, resolution and order of the !ommission shall state clearl$ and distinctl$ the findin"s of facts, issues, and conclusions of law on which it is ased, and the relief "ranted, if an$. .f the decision, resolution or order involves monetar$ awards, the same shall contain the specific amount awarded as of the date the decision is rendered.SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND ENTRY OF JUDGMENT. - 1a2 5inality of the Decisions, #esolutions or 5rders of the !ommission. - 6'cept as provided in 9ection F of #ule I, the decisions, resolutions or orders of the !ommission shall ecome final and e'ecutor$ after ten 11D2 calendar da$s from receipt thereof $ the counsel or authori/ed representative or the parties if not assisted $ counsel or representative.12 Entry of uired SECTION 9. EFFECTS OF DEFIANCE. - 0he order or resolution en&oinin" the performance of ille"al acts shall e immediatel$ e'ecutor$ in accordance with the terms thereof.SECTION 10. ORDINARY REMEDY IN LAW OR IN EQUITY. -deprive an$ part$ havin" a claim or cause of action under or upon such undertakin" from electin" to pursue his3her ordinar$ remed$ $ suit at law or in e>uit$.RULE XI EXECUTION PROCEEDINGSSECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER. - 1a2 A writ of e'ecution ma$ e issued motu proprio or on motion, upon a decision or order that has ecome final and e'ecutor$.12 .f an appeal has een dul$ perfected and finall$ resolved $ the !ommission, a motion for e'ecution ma$ e filed efore the Laor Ariter, when the latter has possession of the case records or upon sumission of certified true copies of the decisions or final order3s sou"ht to e enforced includin" notice of decision or order and the entr$ of &ud"ment, cop$ furnished the adverse part$.1c2 6'cept that, as provided for in 9ection 1F of #ule ; in relation to 9ection F of this #ule, and in those cases where partial e'ecution is allowed $ law, the Laor Ariter shall retain duplicate ori"inal copies of the decision to e implemented and proof of service thereof for the purpose of immediate enforcement. 11a2SECTION 2. EXECUTION BY MOTION OR BY INDEPENDENT ACTION. - Pursuant to Art. 224 of the Laor !ode, a decision or order ma$ e e'ecuted on motion within C 7.;6 *6A#9 from the date it ecomes final and e'ecutor$. After the lapse of such period, the &ud"ment shall ecome dormant, and ma$ onl$ e enforced $ an independent action efore the #e"ional Aritration (ranch of ori"in and within a period of ten 11D2 $ears from date of its finalit$. 18a2SECTION 3. EFFECT OF PERFECTION OF APPEAL ON EXECUTION. - 0he perfection of an appeal shall 90A* the e'ecution of the decision of the Laor Ariter e'cept e'ecution for reinstatement pendin" appeal. 1Fa2SECTION 4. EFFECT OF PETITION FOR CERTIORARI ON EXECUTION. - A petition for certiorari with the !ourt of Appeals or the 9upreme !ourt shall N50sta$ the e'ecution of the assailed decision ,nless a restraining or%er is iss,e% by sai% !o,rts. 11Da2SECTION 5. EFFECT OF A MOTION TO LIFT ENTRY OF JUDGMENT. - .n case a motion to lift 6ntr$ of uired $ law to oe$ the same. .f he3she disoe$s the writ, such emplo$er or person ma$ e cited for contempt in accordance with #ule .I. 1Aa2SECTION 13. RESOLUTION OF MOTION TO QUASH. - A motion to >uash shall e resolved $ the Laor Ariter within ten 11D2 workin" da$s from filin" of said motion. The mere $iling o$ a motion to +,ash shall not sta$ e'ecution proceedin"s. 111a2 (As amended by En Banc Resolution No. 11-12, Series of 2012)SECTION 14. THIRD PARTY CLAIM. - 1a2 .f the propert$ levied is claimed $ an$ person other than the losin" part$, such person ma$ file a third part$ claim not later than five 1C2 da$s from the last da$ of postin" or pulication of the notice of e'ecution sale, otherwise the claim shall e forever arred. 9uch third part$ claim must compl$ with the followin" re>uirements%112 An affidavit statin" title to propert$ or ri"ht to the possession thereof with supportin" evidence4122 Postin" of a cash or suret$ ond e>uivalent to the amount of the claim or &ud"ment award and in accordance with 9ection A of #ule ;.41B2 .n case of real propert$, postin" of a refundale cash deposit of 0went$ 0housand Pesos 1P2D,DDD2 for the pa$ment of repulication of notice of auction sale4 and142 Pa$ment of prevailin" filin" fee. (As amended by En Banc Resolution No. 11-12, Series of 2012)12 ?here 7iled. - 0he third part$ claim shall e filed with the !ommission or Laor Ariter where the e'ecution proceedin" is pendin", with proof of service of copies thereof to the 9heriff and the prevailin" part$.1c2 6ffect of 7ilin". - 0he filin" of a third part$ claim that has complied with the re>uirements set forth under para"raph 1a2 of this 9ection shall a,tomati!ally s,spen% the pro!ee%ings with respe!t to the exe!,tion o$ the properties s,b6e!t o$ the thir% party !laim.=pon approval of the ond, the Laor Ariter shall issue an order releasin" the levied propert$ or a part thereof su&ect of the claim unless the prevailin" part$ posts a counter ond in an amount not less than the value of the levied propert$.0he Laor Ariter ma$ re>uire the postin" of additional ond upon showin" $ the other part$ that the ond is insufficient.(d) Proceedin"s. - 0he propriet$ of the third part$ claim shall e resolved within ten 11D2 workin" da$s from sumission of the claim for resolution. 0he decision of the Laor Ariter is not appealale ut ma$ e elevated to the !ommission and resolved in accordance with #ule I.. hereof. Pendin" resolution thereof, e'ecution shall proceed a"ainst all other properties not su&ect of the third part$ claim. 112a2SECTION 15. SHERIFFS RETURN AND REPORT. - 0he writ of e'ecution shall e returned to the !ommission or Laor Ariter immediatel$ after the full satisfaction of the &ud"ment award. .n case of partial or non+satisfaction of the &ud"ment, the sheriff enforcin" the writ shall sumit a report updatin" the !ommission or Laor Ariter who issued the writ of e'ecution on the status of the enforcement thereof, not later than thirt$ 1BD2 da$s from receipt of such writ and ever$ thirt$ 1BD2 da$s thereafter durin" the lifetime of the writ unless full$ satisfied. A cop$ of the report shall e furnished the !hairman and the 6'ecutive Laor Ariter.7ailure on the part of the 9heriff to sumit the report or return re>uired under 9ection 12 of this #ule within the stated period shall su&ect him3her to administrative fine under #ule I.; of this #ule, or suspension for fifteen 11C2 da$s without pa$, or oth. 11Ba, 14a2SECTION 16. DESIGNATION OF SPECIAL SHERIFFS. - 0he !hairman of the !ommission ma$ desi"nate special 9heriffs and take an$ measure, under e'istin" laws, to ensure compliance with the decisions, resolutions or orders of the !ommission and those of Laor Ariters. 11Ca2SECTION 17. EFFECT OF REVERSAL DURING EXECUTION PROCEEDINGS. - .n case of total or partial reversal of &ud"ment $ the !ourt of Appeals, the e'ecution proceedin"s shall e suspended insofar as the reversal is concerned notwithstandin" the pendenc$ of a motion for reconsideration on such &ud"ment.:owever, where the &ud"ment of the !ourt of Appeals is reversed $ the 9upreme !ourt, e'ecution proceedin"s shall commence upon presentation of certified true cop$ of the decision and entr$ of &ud"ment. (En Banc Resolution No. 11-12, Series of 2012)SECTION 18. RESTITUTION. - ?here the e'ecuted &ud"ment is totall$ or partiall$ reversed or annulled+++Laor Ariter shall, on motion, issue such order of restitution of the e'ecuted award, e'cept reinstatement wa"es paid pendin" appeal. (As amended by En Banc Resolution Nos. 11-12, Series of 2012 and 05-14, Series of 2014)SECTION 19. EXAMINATION OF LOSING PARTY WHEN JUDGMENT UNSATISFIED. -SECTION 20. ENFORCEMENT OF ATTENDANCE AND CONDUCT OF EXAMINATION. -RULE XII EXTRAORDINARY REMEDIESSECTION 1. VERIFIED PETITION. - A part$ a""rieved $ an$ order or resolution of the Laor Ariter includin" those issued durin" e'ecution proceedin"s ma$ file a veri$ie% petition to ann,l or mo%i$y s,!h or%er or resol,tion. The petition may be a!!ompanie% by an appli!ation $or the iss,an!e o$ a temporary restraining or%er an%=or writ o$ preliminary or permanent in6,n!tion to en6oin the &abor 'rbiter, or any person a!ting ,n%er his=her a,thority, to %esist $rom en$or!ing sai% resol,tion or or%er.SECTION 2. GROUNDS. - 0he petition filed under this #ule ma$ e entertained onl$ if there is no appeal or an$ other plain, speed$ and ade>uate remed$ in the ordinar$ course of law, and ased on an$ of the followin" "rounds%1a2 .f there is prima facie evidence of ause of discretion on the part of the Laor Ariter412 .f serious errors in the findin"s of facts are raised which, if not corrected, would cause "rave or irreparale dama"e or in&ur$ to the petitioner41c2 .f a part$ $ fraud, accident, mistake or e'cusale ne"li"ence has een prevented from takin" an appeal41d2 .f made purel$ on >uestions of law4 or 1e2 .f the order or resolution will cause in&ustice if not rectified. (As amendedby En Banc Resolution No. 05-14, Series of 2014)SECTION 3. WHEN AND WHERE FILED. - Not later than ten 11D2 calendar da$s from receipt of the order or resolution of the Laor Ariter, the a""rieved part$ ma$ file a petition with the Commission furnishin" a cop$ thereof to the adverse part$.SECTION 4. REQUISITES OF THE PETITION. - 0he petition filed under this #ule shall%1a2 e accompanied $ a clear ori"inal or certified true cop$ of the order or resolution assailed, to"ether with clear copies of documents relevant or related to the said order or resolution for the proper understandin" of the issue3s involved412 contain the aritral docket numer and appeal docket numer, if an$4 1c2 state the material date showin" the timeliness of the petition4 1d2 e verified $ the petitioner himself3herself in accordance with 9ection4, #ule E of the #ules of !ourt, as amended4 1e2 e in the form of a memorandum which shall state the "round3s reliedupon, the ar"ument3s in support thereof and the reliefs pra$ed for4 1f2 e in three 1B2 le"il$ written or printed copies4 and 1"2 e accompanied $%1i2 certificateofnon+forumshoppin"4 1ii2 proof of service upon the other part$3ies and the Laor Ariter who issued the order or resolution ein" assailed or >uestioned4 and 1iii2 proof of pa$ment of the re>uired fees.SECTION 5. THE PUBLIC AND PRIVATE RESPONDENTS IMPLEADED IN THE PETITION. SECTION 6. SERVICE AND FILING OF PLEADINGS. - SECTION 7. ANSWER TO THE PETITION. - ?ithin ten 11D2 calendar da$s from the receipt of the petition, the private respondent shall file his3her answer . 5therwise, waiverKKSECTION 8. OPPOSITION TO THE INJUNCTIVE RELIEF; WHEN FILED. -SECTION 9. EFFECT OF FILING OF PETITION. - =pon filin" of the petition, the proceedin"s efore the Laor Ariter shall continue unless restrained. .n case of e'ecution, the proceedin"s in accordance with #ule I. of these #ules shall not e suspended, ut no mone$ collected or credit "arnished ma$ e released or personal properties levied upon e sold $ pulic auction within fifteen 11C2 calendar da$s from the filin" of the petition. .f no temporar$ restrainin" order or writ of preliminar$ in&unction is issued within the said period, the mone$ collected or credit "arnished shall e released and3or the properties levied upon sold $ pulic auction and the proceeds of the sale applied, to satisf$ the &ud"ment..n case of e'ecution proceedin"s, the Laor Ariter shall immediatel$ inform in writin" the !ommission or the Division where the petition is pendin" of the satisfaction of the &ud"ment, and, if circumstances warrant, the !ommission shall dismiss the petition for ein" moot.0he records of the case shall not e elevated to the !ommission unless otherwise ordered, in which case the e'ecution proceedin" shall continue pursuant to the first para"raph hereof, with the Laor Ariter retainin" copies of documents relevant and necessar$ for this purpose. (As amended by En Banc Resolution No. 05-14, Series of 2014)SECTION 10. VERIFIED APPLICATION, ISSUANCE OF TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION; BOND. - =pon the filin" of a verified application for in&unctive relief, to"ether with supportin" affidavits and documents, the !ommission ma$ issue a writ of a preliminar$ in&unction ased on an$ of the applicale "rounds provided for in 9ection B, #ule C8 of the #ules of !ourt for the preservation of the ri"hts of the parties pendin" resolution of the petition. 0he writ of preliminar$ in&unction shall e effective for a non+e'tendile period of si't$ 1AD2 calendar da$s from service on the private respondent..f it shall appear from facts shown $ the verified application and affidavits that "reat and irreparale dama"e and3or in&ur$ would result to the petitioner efore the petition can e resolved, the !ommission ma$ issue a temporar$ restrainin" order ex-parte effective for a non+e'tendile period of twent$ 12D2 calendar da$s from service on the private respondent..n the issuance of a temporar$ restrainin" order or writ of preliminar$ in&unction, the !ommission shall re>uire the postin" of a cash ond in the amount of 7ift$ 0housand Pesos 1PCD,DDD.DD2, or such hi"her amount as ma$ e determined $ the !ommission, to recompense those en&oined for an$ loss, e'pense or dama"e caused $ the improvident or erroneous issuance of such order or in&unction, includin" all reasonale costs.An additional cash ond ma$ e re>uired $ the !ommission in the issuance of a writ of preliminar$ in&unction.SECTION 11. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER OR WRIT OF PRELIMINARY INJUNCTION. - 0he temporar$ restrainin" order or writ of preliminar$ in&unction shall ecome effective onl$ upon postin" of the re>uired cash ond..n the event that the application for a writ of preliminar$ in&unction is denied or not resolved within the said period, the temporar$ restrainin" order is deemed automaticall$ vacated.0he application for a temporar$ restrainin" order or a writ of preliminar$ in&unction ma$ e denied, or if "ranted, ma$ e dissolved, on an$ "rounds provided for in 9ection A, #ule C8 of the #ules of !ourt.SECTION 12. EFFECT OF INJUNCTION. - 0he issuance of a temporar$ restrainin" order or a writ of preliminar$ in&unction, unless otherwise declared $ the !ommission, shall not suspend the proceedin"s efore the Laor Ariter or sta$ the implementation of the writ of e'ecution ut shall onl$ restrain or en&oin such particular act3s as therein decreed to e restrained or en&oined.SECTION 13. RESOLUTION OF PETITION. - .f the !ommission finds that the alle"ations of the petition are true, it shall%1a2 render &ud"ment for the relief pra$ed for or to which the petitioner is entitled4 and3or12 "rant a final in&unction perpetuall$ en&oinin" the Laor Ariter or an$ person actin" under his3her authorit$ from the commission of the act3s or confirmin" the preliminar$ in&unction.:owever, the !ommission ma$ dismiss the petition if it finds the same to e patentl$ without merit, prosecuted manifestl$ for dela$, or that the >uestions raised therein are too unsustantial to re>uire consideration, or when an appeal or an$ other plain, speed$ and ade>uate remed$ in the ordinar$ course of law is availale. (As amended by En Banc Resolution No. 05-14, Series of 2014)SECTION 14. RECOVERY FROM THE INJUNCTION BOND. - 0he amount of dama"es that ma$ e recovered $ the private respondent from the in&unction ond of the petitioner shall e ascertained and awarded in the decision3order3resolution finall$ disposin" of the issue on the application for in&unction.SECTION 15. NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR ARBITER ARISING FROM EXECUTION PROCEEDINGS OR OTHER INCIDENTS." Ex!ept by way o$ a petition $ile% in a!!or%an!e with this R,le, no appeal $rom the or%er or resol,tion iss,e% by the &abor 'rbiter %,ring theexecution proceedings or inrelation to incidents other than a decision or disposition of the case on the merits, shall be allowed or acted upon by the Commission.