nlrc rules

7/28/2019 Nlrc Rules

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THE 2005 REVISED RULES OF PROCEDURE OF

THE NATIONAL LABOR RELATIONS

COMMISSION

Pursuant to the provisions of Article 218 of Presidential

Decree No. 442, as amended, otherwise known as theLaor !ode of the Philippines, the followin" #evised

#ules of Procedure "overnin" aritration proceedin"sefore the Laor Ariters and the !ommission are

here$ adopted and promul"ated%

RULE I

TITLE AND CONSTRUCTION

Sec. 1. &itle of the #ules. These Rules shall be known as the

2005 Revised Rules o P!o"edu!e o #$e N%#io&%l L%'o!

Rel%#io&s Co((issio&).

Sec. 2. !onstruction . These Rules shall be liberally construed tocarry out the objectives of the Constitution, the Labor Codeof the hili!!ines and other relevant le"islations, and to

assist the !arties in obtainin" just, e#!editious andine#!ensive resolution and settle$ent of labor dis!utes.

Sec. %. 'uppletor$ Application of the #ules of !ourt. &n the

absence of any a!!licable !rovision in these Rules, and inorder to effectuate the objectives of the Labor Code, the

!ertinent !rovisions of the Rules of Court of the hili!!ines$ay, in the interest of e#!editious dis!ensation of labor

justice and whenever !racticable and convenient, bea!!lied by analo"y or in a su!!letory character and effect.

RULE II

DEFINITION OF TERMS

Sec. 1. Definitions. The ter$s and !hrases defined in 'rticle 212of the Labor Code, as a$ended, shall be "iven the sa$e

$eanin"s when used herein.

's used herein, (Re"ional 'rbitration )ranch* shall $ean

any of the re"ional arbitration branches or sub+re"ionalbranches of the Co$$ission.

RULE III

PLEADIN*S+ NOTICES AND APPEARANCES

Sec. 1. !omplaint.

a ' co$!laint or !etition is a !leadin" alle"in" the cause

or causes of action of the co$!lainant or !etitioner. Thena$es and addresses of all co$!lainants or !etitioners

and res!ondents $ust be stated in the co$!laint or

!etition. &t shall be si"ned under oath by theco$!lainant or !etitioner, with a declaration of non+

foru$ sho!!in".

b ' !arty havin" $ore than one cause of action a"ainst

the other !arty, arisin" out of the sa$e relationshi!,shall include all of the$ in one co$!laint or !etition.

c -o a$end$ent of the co$!laint or !etition shall be

allowed after the filin" of !osition !a!ers, unless with

leave of the Labor 'rbiter or the Co$$ission.

Sec. 2. !aption and &itle. &n all cases filed with the Co$$ission

or with any of its Re"ional 'rbitration )ranches, the !artyinitiatin" the action shall be called the (Co$!lainant* or

(etitioner*, and the o!!osin" !arty the (Res!ondent*.

The full na$es of all the real !arties in interest, whethernatural or juridical !ersons or entities authoried by law,

shall be stated in the ca!tion of the co$!laint or !etition, as

well as in the decisions, resolutions or orders of the Labor'rbiter or the Co$$ission.

Sec. %. (ssuance of 'ummons. /ithin two 02 days fro$ recei!tof a co$!laint or a$ended co$!laint, the Labor 'rbiter

shall issue the reuired su$$ons, attachin" thereto a co!yof the co$!laint or a$ended co$!laint. The su$$ons

shall s!ecify the date, ti$e and !lace of the $andatory

conciliation and $ediation conference in two 02 settin"s.

Sec. . Prohiited Pleadin"s and )otions. The followin"

NLRC Rules of Procedure.doc 1


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!leadin"s and $otions shall not be allowed and acted u!onnor elevated to the Co$$ission in all cases covered by

these Rules3

a 4otion to dis$iss the co$!laint e#ce!t on the "roundof lack of jurisdiction over the subject $atter, i$!ro!er

venue, res ad*udicata, !rescri!tion and foru$ sho!!in"5

b 4otion for a bill of !articulars5

c 4otion for new trial5

d etition for relief fro$ jud"$ent when filed with theLabor 'rbiter5

e etition for certiorari, $anda$us or !rohibition5

f 4otion to declare res!ondent in default5

" 4otion for reconsideration or a!!eal fro$ any

interlocutory order of the Labor 'rbiter.

Sec. 6. +ilin" and 'ervice of Pleadin"s. 'll !leadin"s in

connection with the case shall be filed with the a!!ro!riate

docketin" unit of the Re"ional 'rbitration )ranch or theCo$$ission, as the case $aybe.

The !arty filin" the !leadin"s shall serve the o!!osin"!arties with a co!y thereof and its su!!ortin" docu$ents in

the $anner !rovided for in these Rules with !roof ofservice thereof.

Sec. 7. 'ervice of Notices and #esolutions.

a -otices or su$$ons and co!ies of orders, shall beserved on the !arties to the case !ersonally by the

)ailiff or duly authoried !ublic officer within three 0%

days fro$ recei!t thereof or by re"istered $ail5rovided that in s!ecial circu$stances, service of

su$$ons $ay be effected in accordance with the!ertinent !rovisions of the Rules of Court5 rovided

further, that in cases of decisions and final awards,co!ies thereof shall be served on both !arties and their

counsel or re!resentative by re"istered $ail5 rovided

further that in cases where a !arty to a case or hiscounsel on record !ersonally seeks service of the

decision u!on inuiry thereon, service to said !artyshall be dee$ed effected u!on actual recei!t thereof5

rovided finally, that where !arties are so nu$erous,

service shall be $ade on counsel and u!on such nu$berof co$!lainants, as $ay be !racticable, which shall be

considered substantial co$!liance with 'rticle 22 0aof the Labor Code, as a$ended.

8or !ur!oses of a!!eal, the !eriod shall be countedfro$ recei!t of such decisions, resolutions, or orders by

the counsel or re!resentative of record.

b The )ailiff or officer servin" the notice, order,

resolution or decision shall sub$it his return within two02 days fro$ date of service thereof, statin" le"ibly in

his return his na$e, the na$es of the !ersons servedand the date of recei!t, which return shall be

i$$ediately attached and shall for$ !art of the records

of the case. &n case of service by re"istered $ail, the

)ailiff or officer shall write in the return, the na$es of!ersons served and the date of $ailin" of the resolutionor decision. &f no service was effected, the service

officer shall state the reason therefor in the return.

Sec. 9. Proof and !ompleteness of 'ervice. The return is !ri$afacie !roof of the facts indicated therein. Service by

re"istered $ail is co$!lete u!on recei!t by the addressee orhis a"ent5 but if the addressee fails to clai$ his $ail fro$

the !ost office within five 06 days fro$ the date of firstnotice of the !ost$aster, service shall take effect after such

ti$e.

Sec. :. Appearances.

a ' lawyer a!!earin" for a !arty is !resu$ed to be

!ro!erly authoried for that !ur!ose. &n every case, he

shall indicate in his !leadin"s and $otions his'ttorney;s Roll -u$ber, as well as his TR and &)

nu$bers for the current year.

b ' non+lawyer $ay a!!ear as counsel in any of the



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!roceedin"s before the Labor 'rbiter or Co$$issiononly under the followin" conditions3

01 he re!resents hi$self as !arty to the case5

02 he re!resents a le"iti$ate labor or"aniation,

as defined under 'rticle 212 and 22 of theLabor Code, as a$ended, which is a !arty to

the case3 rovided, that he !resents3 0i a

certification fro$ the )ureau of LaborRelations 0)LR or Re"ional $!loy$ent

attestin" that the or"aniation he re!resents

is duly re"istered and listed in the roster ofle"iti$ate labor or"aniations5 0ii a verified

certification issued by the secretary andattested to by the !resident of the said

or"aniation statin" that he is authoried to

re!resent the said or"aniation in the said

case5 and 0iii a co!y of the resolution of theboard of directors of the said or"aniation"rantin" hi$ such authority5

0% he re!resents a $e$ber or $e$bers of ale"iti$ate labor or"aniation that is e#istin"

within the e$!loyer;s establish$ent, whoare !arties to the case3 rovided, that he

!resents3 0i a verified certification attestin"that he is authoried by such $e$ber or

$e$bers to re!resent the$ in the case5 and

0ii a verified certification issued by thesecretary and attested to by the !resident of

the said or"aniation statin" that the !ersonor !ersons he is re!resentin" are $e$bers of

their or"aniation which is e#istin" in the

e$!loyer;s establish$ent5

0 he is a duly+accredited $e$ber of any le"alaid office reco"nied by the =e!art$ent of

?ustice or &nte"rated )ar of the hili!!ines3

rovided, that he 0i !resents !roof of hisaccreditation5 and 0ii re!resents a !arty to

the case5

06 he is the owner or !resident of a cor!oration

or establish$ent which is a !arty to the case3rovided, that he !resents3 0i a verified

certification attestin" that he is authoried to

re!resent said cor!oration or establish$ent5and 0ii a co!y of the resolution of the board

of directors of said cor!oration, or othersi$ilar resolution or instru$ent issued by

said establish$ent, "rantin" hi$ suchauthority.

c ' non+lawyer who a!!ears in contravention of thissection shall not be reco"nied in any !roceedin"s

before the Labor 'rbiter or the Co$$ission.

d '!!earances $ay be $ade orally or in writin". &n both

cases, the co$!lete na$e and office address of both!arties shall be $ade on record and the adverse !arty or

his counsel or re!resentative !ro!erly notified.

e 'ny chan"e in the address of counsel or re!resentative

should be filed with the records of the case andfurnished the adverse !arty or counsel.

f 'ny chan"e or withdrawal of counsel or re!resentativeshall be $ade in accordance with the Rules of Court.

Sec. @. Authorit$ to ind Part$. 'ttorneys and other

re!resentatives of !arties shall have authority to bind theirclients in all $atters of !rocedure5 but they cannot, without

a s!ecial !ower of attorney or e#!ress consent, enter into aco$!ro$ise a"ree$ent with the o!!osin" !arty in full or

!artial dischar"e of a client;s clai$.



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RULE IV

VENUE+ ASSI*NMENT AND

DISPOSITION OF CASES

Sec. 1. -enue.

a 'll cases which Labor 'rbiters have authority to hear

and decide $ay be filed in the Re"ional 'rbitration)ranch havin" jurisdiction over the work!lace of the

co$!lainant or !etitioner.

8or !ur!oses of venue, the work!lace shall be

understood as the !lace or locality where the e$!loyeeis re"ularly assi"ned at the ti$e the cause of action

arose. &t shall include the !lace where the e$!loyee is

su!!osed to re!ort back after a te$!orary detail,assi"n$ent, or travel. &n case of field e$!loyees, as

well as a$bulant or itinerant workers, their work!laceis where they are re"ularly assi"ned, or where they are

su!!osed to re"ularly receive their salaries and wa"es

or work instructions fro$, and re!ort the results of theirassi"n$ent to, their e$!loyers.

b /here two 02 or $ore Re"ional 'rbitration )ranches

have jurisdiction over the work!lace of the co$!lainant

or !etitioner, the )ranch that first acuired jurisdictionover the case shall e#clude the others.

c /hen venue is not objected to before the fillin" of

!osition !a!ers such issue shall be dee$ed waived.

d The venue of an action $ay be chan"ed or transferred

to a different Re"ional 'rbitration )ranch other thanwhere the co$!laint was filed by written a"ree$ent of

the !arties or when the Co$$ission or Labor 'rbiter

before who$ the case is !endin" so orders, u!on$otion by the !ro!er !arty in $eritorious cases.

e Cases involvin" overseas 8ili!ino workers $ay be filedbefore the Re"ional 'rbitration )ranch havin"

jurisdiction over the !lace where the co$!lainantresides or where the !rinci!al office of any of the

res!ondents is situated, at the o!tion of theco$!lainant.

Sec. 2. #affle and Assi"nment of !ases.

a 'll co$!laints and !etitions filed with the docket unitof the Re"ional 'rbitration )ranch shall be

i$$ediately raffled and assi"ned to a Labor 'rbiterfro$ recei!t thereof.

b The >#ecutive Labor 'rbiter shall be res!onsible forthe i$$ediate raffle and assi"n$ent of all co$!laints

and !etitions filed with his Re"ional 'rbitration)ranch, and the i$$ediate forwardin" of all subseuent

!leadin"s and $otions.

c 'll !leadin"s and $otions subseuent to the filin" of

the co$!laint shall be forwarded to the Labor 'rbiter

before who$ the case is !endin" within twenty+four02 hours fro$ recei!t thereof.

Sec. %. !onsolidation of !ases and !omplaints. /here there aretwo or $ore cases or co$!laints !endin" before different

Labor 'rbiters in the sa$e Re"ional 'rbitration )ranch

involvin" the sa$e e$!loyer and co$$on !rinci!al causesof action, or the sa$e !arties with different causes of

action, the subseuent cases or co$!laints shall beconsolidated with the first to avoid unnecessary costs or

delay. Such consolidated cases or co$!laints shall bedis!osed of by the Labor 'rbiter to who$ the first case was

assi"ned.

&n case of objection to the consolidation, the sa$e shall beresolved by the >#ecutive Labor 'rbiter. 'n order

resolvin" a $otion or objection to consolidation shall beina!!ealable.

Sec. . Disposition of !ases. Subject to the !rovisions of 'rticle

27% 0" of the Labor Code, as a$ended, when a case isassi"ned to a Labor 'rbiter, the entire case and any or all

incidents thereto shall be considered assi"ned to hi$5 andthe sa$e shall be dis!osed of in the sa$e !roceedin"s to



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avoid $ulti!licity of suits or !roceedin"s.

/hen the Secretary of Labor and >$!loy$ent has assu$ed

jurisdiction over a strike or lockout or certified the sa$e to

the Co$$ission, the !arties to such dis!ute shalli$$ediately infor$ the Secretary or the Co$$ission, as

the case $ay be, of all cases directly related to the dis!utebetween the$ !endin" before any Re"ional 'rbitration

)ranch, and the Labor 'rbiters handlin" the sa$e of suchassu$!tion or certification. The Labor 'rbiter concernedshall forward within two 02 days fro$ notice the entire

records of the case to the Co$$ission or to the Secretary ofLabor, as the case $ay be, for !ro!er dis!osition.

RULE V

PROCEEDIN*S BEFORE LABOR ARBITERS

Sec. 1. urisdiction of Laor Ariters. Labor 'rbiters shall have

ori"inal and e#clusive jurisdiction to hear and decide the

followin" cases involvin" all workers, whether a"riculturalor non+a"ricultural3

a Anfair labor !ractice cases5

b Ter$ination dis!utes5

c &f acco$!anied with a clai$ for reinstate$ent, those

cases that workers $ay file involvin" wa"es, rates of

!ay, hours of work and other ter$s and conditions ofe$!loy$ent5

d Clai$s for actual, $oral, e#e$!lary and other for$s of

da$a"es arisin" fro$ e$!loyer+e$!loyee relations5e Cases arisin" fro$ any violation of 'rticle 27 of the

Labor Code, as a$ended, includin" uestions involvin"the le"ality of strikes and lockouts5

f >#ce!t clai$s for e$!loyees co$!ensation notincluded in the ne#t succeedin" !ara"ra!h, social

security, $edicare, and $aternity benefits, all other

clai$s arisin" fro$ e$!loyer+e$!loyee relations,includin" those of !ersons in do$estic or household

service, involvin" an a$ount e#ceedin" 8ive Thousandesos 06,BBB.BB, whether or not acco$!anied with a

clai$ for reinstate$ent5

" 4oney clai$s arisin" out of e$!loyer+e$!loyee

relationshi! or by virtue of any law or contract,involvin" 8ili!ino workers for overseas de!loy$ent,

includin" clai$s for actual, $oral, e#e$!lary and other

for$s of da$a"es5h /a"e distortion dis!utes in unor"anied establish$ents

not voluntarily settled by the !arties !ursuant to

Re!ublic 'ct -o. 79295

i >nforce$ent of co$!ro$ise a"ree$ents when there is

non+co$!liance by any of the !arties !ursuant to'rticle 229 of the Labor Code, as a$ended5 and

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a$endin" the co$!laint and includin" all causes ofaction5 0 definin" and si$!lifyin" the issues in the

case5 06 enterin" into ad$issions or sti!ulations of

facts5 and 07 threshin" out all other !reli$inary$atters. The Labor 'rbiter shall !reside and take full

control of the !roceedin"s.

b Conciliation and $ediation efforts shall be e#erted by

the Labor 'rbiters all throu"hout the !roceedin"s.Should the !arties arrive at any a"ree$ent as to the

whole or any !art of the dis!ute, the sa$e shall bereduced to writin" and si"ned by the !arties and their

res!ective counsel or authoried re!resentative, if any,before the Labor 'rbiter.

c &n any case, the co$!ro$ise a"ree$ent shall bea!!roved by the Labor 'rbiter, if after e#!lainin" to the

!arties, !articularly to the co$!lainants, the ter$s,

conditions and conseuences thereof, he is satisfied that

they understand the a"ree$ent, that the sa$e wasentered into freely and voluntarily by the$, and that itis not contrary to law, $orals, and !ublic !olicy.

d ' co$!ro$ise a"ree$ent duly entered into inaccordance with this Section shall be final and bindin"

u!on the !arties and shall have the force and effect of ajud"$ent rendered by the Labor 'rbiter.

e The $andatory conciliation and $ediation conferenceshall, e#ce!t for justifiable "rounds, be ter$inated

within thirty 0%B calendar days fro$ the date of the

first conference.f -o $otion for !ost!one$ent shall be entertained e#ce!t

on $eritorious "rounds.

Sec. . /ffect of +ailure of !onciliation and )ediation. Shouldthe !arties fail to a"ree u!on an a$icable settle$ent, either

in whole or in !art, durin" the $andatory conciliation and

$ediation conference, the Labor 'rbiter shall ter$inate theconciliation and $ediation sta"e and !roceed to !ursue the

other !ur!oses of the said conference as enu$erated in thei$$ediately !recedin" section. Thereafter, the Labor

'rbiter shall direct the !arties to si$ultaneously file their

res!ective !osition !a!ers on the issues a"reed u!on by the!arties and as reflected in the $inutes of the !roceedin"s.

Sec. 6. Non0Appearance of Parties. The non+a!!earance of theco$!lainant or !etitioner durin" the two 02 settin"s for

$andatory conciliation and $ediation conferencescheduled in the su$$ons, des!ite due notice thereof, shallbe a "round for the dis$issal of the case without !rejudice.

&n case of non+a!!earance by the res!ondent durin" thefirst scheduled conference, the second conference shall

!roceed as scheduled in the su$$ons. &f the res!ondent

still fails to a!!ear at the second conference des!ite bein"duly served with su$$ons, the Labor 'rbiter shall

i$$ediately ter$inate the $andatory conciliation and$ediation conference. The Labor 'rbiter shall thereafter

allow the co$!lainant or !etitioner to file his verified!osition !a!er and sub$it evidence in su!!ort of his causes

of action, and thereu!on render his decision on the basis of

the evidence on record.

Sec. 7. )otion to Dismiss.


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docu$ents and affidavits, if any, within an ine#tendible!eriod of ten 01B calendar days fro$ the date of

ter$ination of the $andatory conciliation and

$ediation conference.

b The !osition !a!ers of the !arties shall cover only thoseclai$s and causes of action raised in the co$!laint or

a$ended co$!laint, e#cludin" those that $ay have

been a$icably settled, and acco$!anied by allsu!!ortin" docu$ents, includin" the affidavits of

witnesses, which shall take the !lace of their directtesti$ony.

c ' re!ly $ay be filed by any !arty within ten 01Bcalendar days fro$ recei!t of the !osition !a!er of the

adverse !arty.

d &n their !osition !a!ers and re!lies, the !arties shall not

be allowed to alle"e facts, or !resent evidence to !rovefacts and any cause or causes of action not referred to

or included in the ori"inal or a$ended co$!laint or!etition.

Sec. :. Determination of Necessit$ of earin" or !larificator$

!onference. &$$ediately after the sub$ission by the!arties of their !osition !a!er or re!ly, as the case $ay be,

the Labor 'rbiter shall, motu proprio, deter$ine whetherthere is a need for a hearin" or clarificatory conference. 't

this sta"e, he $ay, at his discretion and for the !ur!ose of

$akin" such deter$ination, ask clarificatory uestions tofurther elicit facts or infor$ation, includin" but not li$ited

to the sub!oena of relevant docu$entary evidence, if any,fro$ any !arty or witness.

Sec. @. #ole of the Laor Ariter in earin" and !larificator$

!onference.

a The Labor 'rbiter shall take full control and !ersonally

conduct the hearin" or clarificatory conference. Anlessotherwise !rovided by law, the Labor 'rbiter shall

deter$ine the order of !resentation of evidence by the

!arties, subject to the reuire$ents of due !rocess. eshall e#a$ine the !arties and their witnesses with

res!ect to the $atters at issue5 and ask uestions only

for the !ur!ose of clarifyin" !oints of law or factinvolved in the case. e shall li$it the !resentation of

evidence to $atters relevant to the issue before hi$ andnecessary for a just and s!eedy dis!osition of the case.

b &n the cross+e#a$ination of witnesses, only relevant,!ertinent and $aterial uestions necessary to enli"hten

the Labor 'rbiter shall be allowed.

c The Labor 'rbiter shall $ake a written su$$ary of the

!roceedin"s, includin" the substance of the evidence!resented, in consultation with the !arties. The written

su$$ary shall be si"ned by the !arties and shall for$!art of the records.

Sec. 1B. Non0Appearance of Parties, and Postponement of

earin"s and !larificator$ !onferences.

a -on+a!!earance at a hearin" or clarificatory conference

by the co$!lainant or !etitioner, who was duly notifiedthereof, $ay be sufficient cause to dis$iss the case

without !rejudice. Subject to Section 17 of this Rule,

where !ro!er justification is shown by !ro!er $otion towarrant the re+o!enin" of the case, the Labor 'rbiter

shall call another hearin" or clarificatory conferenceand continue the !roceedin"s until the case is finally

decided. The dis$issal of the case for the second ti$e

due to the unjustified non+a!!earance of theco$!lainant or !etitioner, who was duly notified of the

clarificatory hearin", shall be with !rejudice.

b &n case the res!ondent fails to a!!ear durin" the hearin"

or clarificatory conference des!ite due notice thereof,the co$!lainant shall be allowed to !resent evidence

e0parte, without !rejudice to cross+e#a$ination at thene#t hearin" or conference. Two 02 successive non+

a!!earances by the res!ondent durin" his scheduled



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!resentation of evidence or o!!ortunity to cross+e#a$ine witnesses, des!ite due notice thereof, shall be

construed as a waiver on his !art to !resent evidence or

conduct cross+e#a$ination.

c The !arties and their counsels a!!earin" before theLabor 'rbiter shall be !re!ared for continuous hearin"

or clarificatory conference. -o !ost!one$ent or

continuance shall be allowed by the Labor 'rbiter,e#ce!t u!on $eritorious "rounds and subject always to

the reuire$ent of e#!editious dis!osition of cases. &nany case, the hearin" or clarificatory conference shall

be ter$inated within ninety 0@B calendar days fro$ thedate of the initial hearin" or conference.

d ara"ra!h 0c of this Section notwithstandin", in casesinvolvin" overseas 8ili!ino workers, the a""re"ate

!eriod for conductin" the $andatory conciliation and

$ediation conference, includin" hearin" on the $erits

or clarificatory conference, shall not e#ceed si#ty 07Bdays, which shall be reckoned fro$ the date ofacuisition of jurisdiction by the Labor 'rbiter over the

!erson of the res!ondents.

Sec. 11. 'umission of the !ase for Decision. A!on thesub$ission by the !arties of their !osition !a!ers or re!lies,

or the la!se of the !eriod to sub$it the sa$e, the case shallbe dee$ed sub$itted for decision unless the Labor 'rbiter

calls for a hearin" or clarificatory conference in accordancewith Section : of this Rule, in which case, notice of hearin"

or clarificatory conference shall be i$$ediately sent to the!arties. A!on ter$ination of the said hearin" or conference,the case shall be dee$ed sub$itted for decision.

Sec. 12. (nhiition. ' Labor 'rbiter $ay voluntarily inhibithi$self fro$ the resolution of a case and shall so state in

writin" the le"al justifications therefor. A!on $otion of a

!arty, either on the "round of relationshi! within the fourthcivil de"ree of consan"uinity or affinity with the adverse

!arty or counsel, or on uestion of i$!artiality, the Labor'rbiter $ay inhibit hi$self fro$ further hearin" and

decidin" the case. Such $otion shall be resolved within

five 06 days fro$ the filin" thereof. 'n order denyin" or"rantin" a $otion for inhibition is ina!!ealable.

Sec. 1%. Period to Decide !ase. The Labor 'rbiter shall render hisdecision within thirty 0%B calendar days, without

e#tension, after the sub$ission of the case by the !arties fordecision, even in the absence of steno"ra!hic notes5rovided however, that cases involvin" overseas 8ili!ino

workers shall be decided within ninety 0@B calendar daysafter the filin" of the co$!laint which shall co$$ence to

run u!on acuisition by the Labor 'rbiter of jurisdictionover the res!ondents.

Sec. 1. !ontents of Decisions. The decisions and orders of the

Labor 'rbiter shall be clear and concise and shall include abrief state$ent of the3 a facts of the case5 b issues

involved5 c a!!licable laws or rules5 d conclusions andthe reasons therefor5 and e s!ecific re$edy or relief

"ranted. &n cases involvin" $onetary awards, the decisions

or orders of the Labor 'rbiter shall contain the a$ountawarded.

&n case the decision of the Labor 'rbiter includes an orderof reinstate$ent, it shall likewise contain3 a a state$ent

that the reinstate$ent as!ect is i$$ediately e#ecutory5 and

b a directive for the e$!loyer to sub$it a re!ort ofco$!liance within ten 01B calendar days fro$ recei!t of

the said decision.

Sec. 16. )otions for #econsideration and Petitions for #elief from

ud"ment. -o $otions for reconsideration or !etitions for

relief fro$ jud"$ent of any decision, resolution or order ofa Labor 'rbiter shall be allowed. owever, when one such

$otion for reconsideration is filed, it shall be treated as ana!!eal !rovided that it co$!lies with the reuire$ents for

!erfectin" an a!!eal. &n the case of a !etition for relief fro$



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jud"$ent, the Labor 'rbiter shall elevate the case to theCo$$ission for dis!osition.

Sec. 17. #evival and #e03penin" or #e0+ilin" of Dismissed !ase.

' !arty $ay file a $otion to revive or re+o!en a casedis$issed without !rejudice, within ten 01B calendar days

fro$ recei!t of notice of the order dis$issin" the sa$e5otherwise, his only re$edy shall be to re+file the case in the

arbitration branch of ori"in.

RULE VI

APPEALS

Sec. 1. Periods of Appeal. =ecisions, resolutions or orders of the

Labor 'rbiter shall be final and e#ecutory unless a!!ealedto the Co$$ission by any or both !arties within ten 01B

calendar days fro$ recei!t thereof5 and in case of decisions,resolutions or orders of the Re"ional =irector of the

=e!art$ent of Labor and >$!loy$ent !ursuant to 'rticle

12@ of the Labor Code, within five 06 calendar days fro$recei!t thereof. &f the 1Bth or 6th day, as the case $ay be,

falls on a Saturday, Sunday or holiday, the last day to!erfect the a!!eal shall be the first workin" day followin"

such Saturday, Sunday or holiday.

-o $otion or reuest for e#tension of the !eriod withinwhich to !erfect an a!!eal shall be allowed.

Sec. 2. rounds. The a!!eal $ay be entertained only on any ofthe followin" "rounds3

a &f there is !ri$a facie evidence of abuse of discretionon the !art of the Labor 'rbiter or Re"ional =irector5

b &f the decision, resolution or order was secured throu"h

fraud or coercion, includin" "raft and corru!tion5

c &f $ade !urely on uestions of law5 andDor

d &f serious errors in the findin"s of facts are raised

which, if not corrected, would cause "rave orirre!arable da$a"e or injury to the a!!ellant.

Sec. %. 5here +iled. The a!!eal shall be filed with the Re"ional

'rbitration )ranch or Re"ional


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)ranch or Re"ional #chan"e Co$$ission5

f certificate of authority to transact surety business fro$the


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)ranch or office of ori"in to the Co$$ission.

Sec. @. Perfection of Appeal7 /ffect. /ithout !rejudice to

i$$ediate reinstate$ent !endin" a!!eal under Section 7 of

Rule E&, once an a!!eal is filed, the Labor 'rbiter losesjurisdiction over the case. 'll !leadin"s and $otions

!ertainin" to the a!!ealed case shall thereafter be addressedto and filed with the Co$$ission.

Sec. 1B. +rivolous or Dilator$ Appeals. -o a!!eal fro$ an

interlocutory order shall be entertained. To discoura"efrivolous or dilatory a!!eals, includin" those taken fro$

interlocutory orders, the Co$$ission $ay censure or citein conte$!t the errin" !arties and their counsels, or subject

the$ to reasonable fine or !enalty.

Sec. 11. Appeals from Decision of 3ther A"encies. The Rules!rovided herein "overnin" a!!eals fro$ the decisions or

orders of Labor 'rbiters shall a!!ly to a!!eals to theCo$$ission fro$ decisions or orders of the other offices or

a"encies a!!ealable to the Co$$ission accordin" to law.

RULE VII

PROCEEDIN*S BEFORE THE COMMISSION

Sec. 1. urisdiction of the !ommission. The Co$$ission shall

e#ercise e#clusive, ori"inal, and a!!ellate jurisdiction inaccordance with law.

Sec. 2. !omposition and (nternal +unctions of the !ommission /n

anc and (ts Divisions.

a !omposition. Anless otherwise !rovided by law, theCo$$ission shall be co$!osed of the Chair$an and offourteen 01 Co$$issioners.

b !ommission /n anc. The Co$$ission shall sit enbanc only for !ur!oses of !ro$ul"atin" rules and

re"ulations "overnin" the hearin" and dis!osition ofcases before its =ivisions and Re"ional 'rbitration

)ranches, and for the for$ulation of !olicies affectin"

its ad$inistration and o!erations. &t $ay, on te$!orary

or e$er"ency basis, allow cases within the jurisdictionof any =ivision to be heard by any other =ivision

whose docket allows the additional workload and such

transfer will not e#!ose liti"ants to unnecessaryadditional e#!ense.

c Divisions. Anless otherwise !rovided by law, the

Co$$ission shall e#ercise its adjudicatory and all other

!owers, functions and duties throu"h its five 06=ivisions. >ach =ivision shall consist of one $e$ber

fro$ the !ublic sector who shall act as the residin"Co$$issioner and one $e$ber each fro$ the workers

and e$!loyers sectors, res!ectively.


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Sec. . !ommission /n anc 'ession, uorum and -ote.

a !ommission /n anc. The Chair$an shall call the

Co$$ission to an en banc session at least twice a year,

!referably on the first week of ?une and the first weekof =ece$ber, to deliberate and decide on any $atter

before it. owever, a $ajority of all the $e$bers of theCo$$ission $ay call a s!ecial en banc session to

discuss and decide on ur"ent and vital $atters whichneed i$$ediate action.

b uorum. The !resence of a $ajority of all the$e$bers of the Co$$ission shall be necessary to

constitute a uoru$. The vote or concurrence of the

$ajority of the $e$bers constitutin" a uoru$ shall bethe decision or resolution of the Co$$ission en banc.

c Division. The !resence of at least two 02

Co$$issioners of a =ivision shall constitute a uoru$.

The concurrence of two 02 Co$$issioners of a

=ivision shall be necessary for the !ronounce$ent of ajud"$ent or resolution.

/henever the reuired $e$bershi! in a =ivision is not

co$!lete and the concurrence of two 02Co$$issioners to arrive at a jud"$ent or resolution

cannot be obtained, the Chair$an shall desi"nate suchnu$ber of additional Co$$issioners fro$ the other

=ivisions as $ay be necessary fro$ the sa$e sector.

d #ole of !hairman in the Division. The Chair$an of

the Co$$ission $ay convene and !reside over the

session of any =ivision to consider any case !endin"before it and !artici!ate in its deliberations, if in his

jud"$ent, his !resence therein will best serve theinterests of labor justice. e shall not however,

!artici!ate in the votin" by the =ivision, e#ce!t whenhe is actin" as residin" Co$$issioner of the =ivision

in the absence of the re"ular residin" Co$$issioner.

Sec. 6. !onsultation . The conclusions of a =ivision on any case

or $atter sub$itted to it for decision shall be reached inconsultation before the case is assi"ned to a $e$ber for the

writin" of the o!inion. &t shall be $andatory for the

=ivision to $eet for the !ur!ose of the consultationordained herein.

' certification to this effect si"ned by the residin"Co$$issioner of the =ivision shall be issued and a co!y

thereof attached to the record of the case and served u!onthe !arties.

Sec. 7. Dissentin" 3pinion. Should any $e$ber of a =ivision

indicate his intention to write a dissentin" o!inion, he $ayfile the sa$e within the !eriod !rescribed for decidin" or

resolvin" the a!!eal5 otherwise, such written dissentin"

o!inion shall not be considered !art of the records of thecase.

Sec. 9. (nhiition. -o $otion to inhibit the entire =ivision of theCo$$ission shall be entertained. owever, any

Co$$issioner $ay inhibit hi$self fro$ the consideration

and resolution of any case or $atter before the =ivision andshall so state in writin" the le"al or justifiable "rounds

therefor. &n the event that a $e$ber inhibits hi$self, thecase shall be raffled by the >#ecutive Clerk or =e!uty

>#ecutive Clerk to either of the two 02 re$ainin"Co$$issioners. &n case two 02 Co$$issioners in a

=ivision inhibit the$selves in a case or $atter before it, the

Chair$an shall, as far as !racticable, a!!oint two 02Co$$issioners fro$ other =ivisions re!resentin" the

sector of the Co$$issioners who inhibited the$selves.

Sec. :. Astention. &n the event of an abstention, and the

concurrence of two 02 Co$$issioners to arrive at a

jud"$ent or resolution cannot be obtained, Section 0c,second !ara"ra!h, of this Rule shall a!!ly.

Sec. @. !onsolidation of !ases. '!!ealed and injunction casesinvolvin" the sa$e !arties, issues, or related uestions of

fact or law shall be consolidated before the Co$$issioner



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to who$ the case with the lowest case nu$ber is assi"ned.-otice of the consolidation shall be "iven by the >#ecutive

Clerk or =e!uty >#ecutive Clerk to the other $e$bers of

the concerned =ivisions.

Sec. 1B. &echnical #ules Not indin". The rules of !rocedure and

evidence !revailin" in courts of law and euity shall not becontrollin" and the Co$$ission shall use every and all

reasonable $eans to ascertain the facts in each cases!eedily and objectively, without re"ard to technicalities oflaw or !rocedure, all in the interest of due !rocess.

&n any !roceedin" before the Co$$ission, the !arties $aybe re!resented by le"al counsel but it shall be the duty of

the Chair$an, any residin" Co$$issioner or

Co$$issioner to e#ercise co$!lete control of the!roceedin"s at all sta"es.

Sec. 11. !onciliation and )ediation. &n the e#ercise of itse#clusive, ori"inal and a!!ellate jurisdiction, the

Co$$ission $ay e#ert all efforts towards the a$icable

settle$ent of a labor dis!ute.

The settle$ent of cases on a!!eal, to be valid and bindin"

between the !arties, shall be $ade before theCo$$issioner or his authoried re!resentative.

Sec. 12. #ole of the Laor Ariter Assi"ned to the !ommission. &n

the resolution of cases on a!!eal, and those $entioned inRules F&&& and E, the Co$$ission shall be assisted by a

Labor 'rbiter who $ay be directed to study, review, hear

and receive evidence, and sub$it re!orts thereon.Sec. 1%. +orm of Decision, #esolution and 3rder. The decision,

resolution and order of the Co$$ission shall state clearlyand distinctly the findin"s of facts, issues, and conclusions

of law on which it is based, and the relief "ranted, if any. &fthe decision, resolution or order involves $onetary awards,

the sa$e shall contain the s!ecific a$ount awarded as of

the date the decision is rendered.

Sec. 1. +inalit$ of Decision of the !ommission and /ntr$ of

ud"ment.

a +inalit$ of the Decisions, #esolutions or 3rders of the

!ommission. >#ce!t as !rovided in Section @ of Rule

E, the decisions, resolutions or orders of theCo$$ission shall beco$e final and e#ecutory after ten

01B calendar days fro$ recei!t thereof by the !arties.

b /ntr$ of ud"ment. A!on the e#!iration of the ten

01B calendar day !eriod !rovided in !ara"ra!h 0a ofthis Section, the decision, resolution, or order shall be

entered in a book of entries of jud"$ent.

The >#ecutive Clerk or =e!uty >#ecutive Clerk shall

consider the decision, resolution or order as final and

e#ecutory after si#ty 07B calendar days fro$ date of$ailin" in the absence of return cards, certifications fro$

the !ost office, or other !roof of service to !arties.

Sec. 16. )otions for #econsideration. 4otion for reconsideration

of any decision, resolution or order of the Co$$issionshall not be entertained e#ce!t when based on !al!able or!atent errors5 !rovided that the $otion is under oath and

filed within ten 01B calendar days fro$ recei!t of decision,resolution or order, with !roof of service that a co!y of the

sa$e has been furnished, within the re"le$entary !eriod,

the adverse !arty5 and !rovided further, that only one such$otion fro$ the sa$e !arty shall be entertained.

Should a $otion for reconsideration be entertained!ursuant to this Section, the resolution shall be e#ecutory

after ten 01B calendar days fro$ recei!t thereof.

RULE VIII

CERTIFIED CASES

Sec. 1. Polic$. &t is the declared !olicy of certification of labor

dis!utes for co$!ulsory arbitration to ensure and $aintainindustrial !eace based on social justice and national interest

by havin" a full, co$!lete and i$$ediate settle$ent oradjudication of all labor dis!utes between the !arties, as



14/21

well as issues that are relevant to or incidents of thecertified issues.

Sec. 2. !ertified Laor Disputes. Certified labor dis!utes are

cases certified to the Co$$ission for co$!ulsoryarbitration under 'rticle 27% 0" of the Labor Code.

Sec. %. /ffects of !ertification.

a A!on certification, the intended or i$!endin" strike orlockout is auto$atically enjoined, notwithstandin" the

filin" of any $otion for reconsideration of thecertification order nor the non+resolution of any such

$otion which $ay have been duly sub$itted to the$!loy$ent. &f a

work sto!!a"e has already taken !lace at the ti$e of the

certification, all strikin" or locked out e$!loyees shalli$$ediately return to work and the e$!loyer shall

i$$ediately resu$e o!erations and read$it all workersunder the sa$e ter$s and conditions !revailin" before

the strike or lockout.

b 'll cases between the sa$e !arties, e#ce!t where the

certification order s!ecifies otherwise the issuessub$itted for arbitration which are already filed or $ay

be filed, and are relevant to or are !ro!er incidents of

the certified case, shall be considered subsu$ed orabsorbed by the certified case, and shall be decided by

the a!!ro!riate =ivision of the Co$$ission.

Subject to the second !ara"ra!h of Section of Rule

&F, the !arties to a certified case, under !ain ofconte$!t, shall infor$ their counsels and the =ivision

concerned of all cases !endin" with the Re"ional'rbitration )ranches and the Foluntary 'rbitrators

relative or incident to the certified case before it.

c /henever a certified labor dis!ute involves a business

entity with several work!laces located in differentre"ions, the =ivision havin" territorial jurisdiction over

the !rinci!al office of the co$!any shall acuire

jurisdiction to decide such labor dis!ute5 unless thecertification order !rovides otherwise.

Sec. . /ffects of Defiance. -on+co$!liance with the

certification order of the Secretary of Labor and>$!loy$ent shall be considered as an ille"al act

co$$itted in the course of the strike or lockout, and shallauthorie the Co$$ission to enforce the sa$e under !ain

of i$$ediate disci!linary action, includin" dis$issal orloss of e$!loy$ent status or !ay$ent by the lockin"+oute$!loyer of backwa"es, da$a"es andDor other affir$ative

relief, even cri$inal !rosecution a"ainst the liable !arties.

The Co$$ission $ay also seek the assistance of law

enforce$ent a"encies to ensure co$!liance and

enforce$ent of its orders and resolutions.

Sec. 6. Procedure in !ertified !ases.

a Anless there is a necessity to conduct a clarificatory

hearin", the Co$$ission shall resolve all certified caseswithin thirty 0%B calendar days fro$ recei!t by the

assi"ned Co$$issioner of the co$!lete records, whichshall include the !osition !a!ers of the !arties and the

order of the Secretary of Labor and >$!loy$entdenyin" the $otion for reconsideration of the

certification order, if such $otion has been filed.

b /here a clarificatory hearin" is needed, the

Co$$ission shall, within five 06 calendar days fro$recei!t of the records, issue a notice to be served on the

!arties throu"h the fastest $eans available, reuirin"the$ to a!!ear and sub$it additional evidence, if any.

c -otwithstandin" the necessity for a clarificatoryhearin", all certified cases shall be resolved by the

Co$$ission within si#ty 07B calendar days fro$

recei!t of the co$!lete records.

d -o $otion for !ost!one$ent or e#tension shall beentertained.

Sec. 7. /ecution of ud"ment in !ertified !ase. A!on issuance



15/21

of the entry of jud"$ent, the Co$$ission, motu proprio oru!on $otion by the !ro!er !arty, $ay cause the e#ecution

of the jud"$ent in the certified case.

RULE I,

CONTEMPT

Sec. 1. Direct !ontempt. The Chair$an or any Co$$issioner or

Labor 'rbiter $ay su$$arily adjud"e "uilty of directconte$!t any !erson co$$ittin" any act of $isbehavior in

the !resence of or so near the Chair$an or anyCo$$issioner or Labor 'rbiter as to obstruct or interru!t

the !roceedin"s before the sa$e, includin" disres!ect

toward said officials, offensive acts toward others, orrefusal to be sworn or to answer as a witness or to subscribe

to an affidavit or de!osition when lawfully reuired to doso. &f the offense is co$$itted a"ainst the Co$$ission or

any $e$ber thereof, the sa$e shall be !unished by a fine

not e#ceedin" 8ive undred esos 06BB.BB ori$!rison$ent not e#ceedin" five 06 days, or both5 and, if

the offense is co$$itted a"ainst any Labor 'rbiter, thesa$e shall be !unished by a fine not e#ceedin"


16/21

order shall beco$e effective only u!on !ostin" of thereuired cash bond in the a$ount to be deter$ined by the

Co$$ission to answer for any da$a"e that $ay be

suffered by the !arty enjoined, if it is finally deter$inedthat the !etitioner is not entitled thereto.

Sec. 2. (n*unction in 'trikes or Lockouts. ' !reli$inary or!er$anent injunction $ay be "ranted by the Co$$ission

only after hearin" the testi$ony of witnesses and witho!!ortunity for cross+e#a$ination in su!!ort of thealle"ations of the co$!laint or !etition $ade under oath,

and testi$ony by way of o!!osition thereto, if offered, andonly after a findin" of fact by the Co$$ission3

a That !rohibited or unlawful acts have been threatened

and will be co$$itted and will be continued unlessrestrained, but no injunction or te$!orary restrainin"

order shall be issued on account of any threat,!rohibited or unlawful act, e#ce!t a"ainst the !erson or

!ersons, association or or"aniation $akin" the threator co$$ittin" the !rohibited or unlawful act or actually

authoriin" or ratifyin" the sa$e after actual knowled"e

thereof.

b That substantial and irre!arable injury to !etitioner;s!ro!erty will follow5

c That as to each ite$ of relief to be "ranted, "reaterinjury will be inflicted u!on the !etitioner by the denial

of relief than will be inflicted u!on res!ondents by the

"rantin" of relief5

d That !etitioner has no adeuate re$edy at law5 and

e That the !ublic officers char"ed with the duty to !rotect

!etitioner;s !ro!erty are unable or unwillin" to furnishadeuate !rotection.

Sec. %. earin"7 Notice &hereof. earin"s shall be held after dueand !ersonal notice thereof has been served, in such

$anner as the Co$$ission shall direct, to all known

!ersons a"ainst who$ relief is sou"ht, and also to the Chief

>#ecutive and other !ublic officials of the !rovince or citywithin which the unlawful acts have been threatened or

co$$itted char"ed with the duty to !rotect !etitioner;s

!ro!erty.

Sec. . #eception of /vidence7 Dele"ation. The rece!tion of

evidence for the a!!lication of a writ of injunction $ay bedele"ated by the Co$$ission to any of its Labor 'rbiters

who shall conduct such hearin"s in such !laces as he $aydeter$ine to be accessible to the !arties and theirwitnesses, and shall thereafter sub$it his re!ort and

reco$$endation to the Co$$ission within fifteen 016days fro$ such dele"ation.

Sec. 6. 3cular (nspection. The Chair$an, any Co$$issioner,

Labor 'rbiter or their duly authoried re!resentatives, $ay,at any ti$e durin" workin" hours, conduct an ocular

ins!ection on any establish$ent, buildin", shi! or vessel,!lace or !re$ises, includin" any work, $aterial,

i$!le$ent, $achinery, a!!liance or any object therein, andask any e$!loyee, laborer, or any !erson, as the case $ay

be, for any infor$ation or data concernin" any $atter or

uestion relative to the object of the !etition.

The ocular ins!ection re!orts shall be sub$itted to the

a!!ro!riate =ivision within twenty+four 02 hours fro$the conduct thereof.

Sec. 7. &emporar$ #estrainin" 3rder7 #e6uisites. &f the

!etitioner shall also alle"e that, unless a te$!orary

restrainin" order shall be issued without notice, asubstantial and irre!arable injury to !etitioner;s !ro!ertywill be unavoidable, such a te$!orary restrainin" order

$ay be issued u!on testi$ony under oath, or by affidavits

of the !etitioner;s witnesses, sufficient, if sustained, tojustify the Co$$ission in the issuance thereof.

Sec. 9. !ash ond. -o te$!orary restrainin" order or writ of!reli$inary injunction shall be issued e#ce!t on the

condition that !etitioner shall first file an undertakin" to



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answer for the da$a"es and !ost a cash bond in the a$ountof 8ifty Thousand esos 06B,BBB.BB, or such hi"her

a$ount as $ay be deter$ined by the Co$$ission, to

reco$!ense those enjoined for any loss, e#!ense or da$a"ecaused by the i$!rovident or erroneous issuance of such

order or injunction, includin" all reasonable costs, to"etherwith a reasonable attorney;s fee, and e#!ense of defense

a"ainst the order or a"ainst the "rantin" of any injunctiverelief sou"ht in the sa$e !roceedin" and subseuently

denied by the Co$$ission.

Sec. :. /ffectivit$ of &emporar$ #estrainin" 3rder. ' te$!oraryrestrainin" order shall be effective for no lon"er than

twenty 02B days reckoned fro$ the !ostin" of the cashbond reuired under the !recedin" Section. =urin" the said

!eriod, the !arties shall be reuired to !resent evidence to

substantiate their res!ective !ositions in the $ain !etition.

Sec. @. /ffects of Defiance. The order or resolution enjoinin" the

!erfor$ance of ille"al acts shall be i$$ediately e#ecutoryin accordance with the ter$s thereof. &n case of non+

co$!liance, the Co$$ission shall i$!ose such sanctions,

and shall issue such orders, as $ay be necessary toi$!le$ent the said order or resolution, includin" the

enlist$ent of law enforce$ent a"encies havin" jurisdictionover the area for the !ur!ose of enforcin" the sa$e.

Sec. 1B. 3rdinar$ #emed$ in Law or in /6uit$. -othin" in this

Rule shall de!rive any !arty havin" a clai$ or cause ofaction under or u!on such undertakin" fro$ electin" to

!ursue his ordinary re$edy by suit at law or in euity.

RULE ,I

E,ECUTION PROCEEDIN*S

Sec. 1. /ecution 9pon +inalit$ of Decision or 3rder.

a ' writ of e#ecution $ay be issued motu proprio or on$otion, u!on a decision or order that finally dis!oses of

the action or !roceedin"s after the !arties and their

counsels or authoried re!resentatives are furnishedwith co!ies of the decision or order in accordance with

these Rules, but only after the e#!iration of the !eriod

to a!!eal if no a!!eal has been filed, as shown by thecertificate of finality. &f an a!!eal has been filed, a writ

of e#ecution $ay be issued when there is an entry ofjud"$ent as !rovided for in Section 1 of Rule F&&.

b -o $otion for e#ecution shall be entertained nor a writof e#ecution be issued unless the Labor 'rbiter or the

Co$$ission is in !ossession of the records of the casewhich shall include an entry of jud"$ent if the case was

a!!ealed5 e#ce!t that, as !rovided for in Section 1 ofRule F and Section 7 of this Rule, and in those cases

where !artial e#ecution is allowed by law, the Labor

'rbiter shall retain du!licate ori"inal co!ies of thedecision to be i$!le$ented and !roof of service thereof

for the !ur!ose of i$$ediate enforce$ent.

Sec. 2. Pre0/ecution !onference. /ithin two 02 workin" daysfro$ recei!t of a $otion for the issuance of a writ of

e#ecution, and subject to Section 1, !ara"ra!h 0b of thisRule, the Labor 'rbiter shall schedule a !re+e#ecution

conference or hearin" to thresh out $atters relevant toe#ecution, includin" the co$!utation of the award.

Sec. %. +orm and !ontents of a 5rit of /ecution. The writ of

e#ecution $ust be issued in the na$e of the Re!ublic of thehili!!ines si"ned by the Co$$ission or Labor 'rbiter

reuirin" the Sheriff to e#ecute the decision, order, or

award of the Co$$ission or Labor 'rbiter, and $ustcontain the dis!ositive !ortion thereof, the a$ount, if any,

to be de$anded, and all lawful fees to be collected fro$ thelosin" !arty or any other !erson reuired by law to obey the

sa$e.

Sec. . !omputation Durin" /ecution. /here further

co$!utation of the award in the decision, resolution or

order is necessary durin" the course of the e#ecution



18/21

!roceedin"s, no writ of e#ecution shall be issued until afterthe co$!utation has been a!!roved by the Labor 'rbiter in

an order issued after the !arties have been duly notified and

heard on the $atter.

Sec. 6. /ecution of )onetar$ ud"ment.

a &$$ediate !ay$ent on de$and. The Sheriff shallenforce a $onetary jud"$ent by de$andin" the

i$$ediate !ay$ent of the full a$ount stated in the writof e#ecution and all lawful fees fro$ the losin" !arty orany other !erson reuired by law to obey the sa$e.

b &n the event of failure or refusal of the losin" !arty to

!ay the jud"$ent award, the Sheriff shall i$$ediately

!roceed a"ainst the cash de!osit or surety bond !ostedby the losin" !arty, if any5

c &f the bondin" co$!any refuses to co$!ly with the writof e#ecution, then its !resident and officers or

authoried re!resentatives shall be cited for conte$!t,and the bondin" co$!any shall be barred fro$

transactin" business with the Co$$ission5

d Should the cash de!osit or surety bond be insufficient,

or in case the surety bond cannot be !roceeded a"ainstfor any reason, the Sheriff shall, within five 06 days

fro$ de$and, e#ecute the $onetary jud"$ent bylevyin" on the !ro!erty, !ersonal and real, of the losin"

!arty not e#e$!t fro$ e#ecution, sufficient to cover the

jud"$ent award, which $ay be dis!osed of for value ata !ublic auction to the hi"hest bidder.

e roceeds of e#ecution shall be de!osited with the

Cashier of the concerned =ivision or Re"ional

'rbitration )ranch, or with an authoried de!ositarybank. /here !ay$ent is $ade in the for$ of a check,

the sa$e shall be !ayable to the Co$$ission.

Sec. 7. /ecution of #einstatement Pendin" Appeal. &n case the

decision includes an order of reinstate$ent, and the

e$!loyer disobeys the directive under the second

!ara"ra!h of Section 1 of Rule F or refuses to reinstatethe dis$issed e$!loyee, the Labor 'rbiter shall

i$$ediately issue writ of e#ecution, even !endin" a!!eal,

directin" the e$!loyer to i$$ediately reinstate thedis$issed e$!loyee either !hysically or in the !ayroll, and

to !ay the accrued salaries as a conseuence of suchreinstate$ent at the rate s!ecified in the decision.

The Sheriff shall serve the writ of e#ecution u!on thee$!loyer or any other !erson reuired by law to obey thesa$e. &f he disobeys the writ, such e$!loyer or !erson $ay

be cited for conte$!t in accordance with Rule &E.

Sec. 9. /nforcement of 5rit of /ecution. &n e#ecutin" a

decision, resolution or order, the Sheriff, or other

authoried officer actin" as Sheriff of the Co$$ission,shall be "uided strictly by these Rules, and by the 4anual

on >#ecution of ?ud"$ent, which shall for$ !art of theseRules. &n the absence of a!!licable rules, the Rules of

Court, as a$ended, shall be a!!lied in a su!!letory $anner.

Sec. :. /ecution $ )otion or $ (ndependent Action. 'decision or order $ay be e#ecuted on $otion within five

06 years fro$ the date it beco$es final and e#ecutory.'fter the la!se of such !eriod, the jud"$ent shall beco$e

dor$ant, and $ay only be enforced by an inde!endentaction within a !eriod of ten 01B years fro$ date of its

finality.

Sec. @. /ffect of Perfection of Appeal on /ecution. The

!erfection of an a!!eal shall stay the e#ecution of thedecision of the Labor 'rbiter on a!!eal, e#ce!t e#ecutionfor reinstate$ent !endin" a!!eal.

Sec. 1B. /ffect of Petition for !ertiorari on /ecution. ' !etition

for certiorari with the Court of '!!eals or the Su!re$eCourt shall not stay the e#ecution of the assailed decision

unless a restrainin" order is issued by said courts.

Sec. 11. #esolution of )otion to uash. The $ere filin" of a$otion to uash shall not stay e#ecution !roceedin"s. '



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$otion to uash shall be resolved by the Labor 'rbiterwithin ten 01B workin" days fro$ sub$ission of said

$otion for resolution.

Sec. 12. &hird Part$ !laim. ' third !arty clai$ shall be filedwithin five 06 days fro$ the last day of !ostin" or

!ublication of the notice of e#ecution sale5 otherwise theclai$ shall be forever barred. The third !arty clai$ant shall

e#ecute an affidavit statin" his title to the !ro!erty or ri"htto !ossession thereof with su!!ortin" evidence, and shallfile the sa$e with the Sheriff and the Co$$ission or Labor

'rbiter who issued the writ of e#ecution. A!on recei!t ofthe third !arty clai$, all !roceedin"s, with res!ect to the

e#ecution of the !ro!erty subject of such clai$, shallauto$atically be sus!ended. The Labor 'rbiter who issued

the writ $ay reuire the third !arty clai$ant to adduce

additional evidence in su!!ort of his third !arty clai$ andto !ost a cash or surety bond euivalent to the a$ount of

his clai$, as !rovided for in Section 7 of Rule F&, without!rejudice to the !ostin" by the !revailin" !arty of a

supersedeasbond in an a$ount euivalent to that !osted by

the third !arty clai$ant. The Labor 'rbiter shall resolve the!ro!riety of such third !arty clai$ within ten 01B workin"

days fro$ sub$ission of said clai$ for resolution.

Sec. 1%. #eturn of 5rit of /ecution. The writ of e#ecution shall

be returned to the Co$$ission or Labor 'rbiter who issued

it at anyti$e, but not within ten 01B days nor beyond onehundred ei"hty 01:B days, after recei!t thereof by the

Sheriff, who shall set forth in writin" the whole!roceedin"s, and file it with the Co$$ission or Labor

'rbiter to for$ !art of the records of the case.

Sec. 1. 'heriff:s #eport. The Sheriff enforcin" the writ ofe#ecution shall sub$it not later than thirty 0%B days fro$

recei!t of such writ, and every thirty 0%B days thereafter, are!ort u!datin" the Co$$ission or Labor 'rbiter who

issued the writ of e#ecution on the status of the

enforce$ent thereof. ' co!y of the re!ort shall be furnishedthe Chair$an and the >#ecutive Labor 'rbiter.

Sec. 16. Desi"nation of 'pecial 'heriffs and (mposition of +ines.

The Chair$an of the Co$$ission $ay desi"nate s!ecialSheriffs and take any $easure, under e#istin" laws, to

ensure co$!liance with the decisions, resolutions or ordersof the Co$$ission and those of Labor 'rbiters, includin"

the i$!osition of ad$inistrative fine which shall not be lessthan 8ive undred esos 06BB.BB nor $ore than TenThousand esos 01B,BBB.BB.

8ailure on the !art of the Sheriff to sub$it the return orre!ort reuired under Section 1% and 1 of this Rule within

the stated !eriod shall subject hi$ to the above

ad$inistrative fine, or sus!ension for fifteen 016 dayswithout !ay, or both.

RULE ,II

COMMISSION SEAL AND RECORDS+AND PO.ERS AND DUTIES

OF COMMISSION OFFICIALS

Sec. 1. 'eal of the !ommission. The seal of the -ational Labor

Relations Co$$ission shall be of standard sie, circular,

with the inscri!tion, runnin" fro$ left to ri"ht on the u!!eroutside ed"e, the words (-'Tecutive Clerks

for the Second, Third, 8ourth and 8ifth =ivisions shall



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assist the Co$$ission when actin" throu"h its =ivision,and shall !erfor$ si$ilar functions and duties as

dischar"ed by the =e!uty Clerks of Court of the Court of

'!!eals, and as enu$erated herein as functions of the>#ecutive Clerk relative to their res!ective =ivisions.

Sec. . Duties and +unctions of the /ecutive !lerk and Deput$/ecutive !lerks.

a !ustod$ of 'eal and ooks. e shall kee! in his careand custody the Seal of the Co$$ission, to"ether withall the books necessary for the recordin" of the

!roceedin"s of the Co$$ission, includin" the records,files and e#hibits5

b +ilin" of Pleadin"s. e shall receive and file all casesand !leadin"s and docu$ents indicatin" thereon the

date and ti$e filed. 'll !leadin"s shall be filed in three0% le"ibly ty!ewritten co!ies in le"al sie5

c #affle and Assi"nment of !ases. e shall assi"na!!ealed cases for study or re!ort strictly by raffle or as

directed by the Chair$an. &n this connection, the raffleof cases for study or re!ort $ust be attended by the

duly desi"nated re!resentative of the 4e$bers of the

a!!ro!riate =ivision5

d 'ervice of Processes, 3rders and Decisions. e shallserve !arties and counsel !rocesses, notices of hearin"s,

co!ies of decisions, resolutions or orders issued by the

Co$$ission by $ail or by !ersonal service andi$$ediately attach the returns thereof to the records5

e !ommission !alendar and )inutes ook. e shall

!re!are the Co$$ission or =ivision calendars of

sessions, attend such sessions !ersonally andi$$ediately !re!are the $inutes thereof. 8or this

!ur!ose, he shall kee! a $inutes book5

f eneral Docket. The >#ecutive Clerk shall kee! a

"eneral docket for the Co$$ission, each !a"e of whichshall be nu$bered and !re!ared for receivin" all the

entries in a sin"le !a"e, and shall enter therein allori"inal and a!!ealed cases before it, nu$bered

consecutively in the order in which they were received

and, under the headin" of each case, the date and hourof each !leadin" filed, of each order, decision or

resolution entered, and of each other ste! or actiontaken in the case5 so that, by reference to any sin"le

!a"e, the history of the case $ay be known5" Promul"ation and Promul"ation ook. e shall

!ro$ul"ate decisions and final resolutions on the sa$edate the sa$e is filed with his office and indicate the

date and ti$e of !ro$ul"ation and attest the sa$e byhis si"nature on the first !a"e thereof. e shall

i$$ediately furnish the Chair$an with a co!y of such

decision, resolution, or order with a su$$ary of thenature thereof and the issue involved therein. e shall

kee! a !ro$ul"ation book which indicates the date and

ti$e of !ro$ul"ation, the case nu$ber, title of the case,the !onente, the nature of the decision or final

resolution and the action taken by the Co$$ission byuotin" the dis!ositive !ortion thereof. -otices of said

decisions, resolutions or orders shall be sent in sealedenvelo!es to !arties and their counsel within forty+ei"ht

0: hours fro$ !ro$ul"ation5

h /ntr$ of ud"ment. e shall kee! a book of entries of

jud"$ent, decisions, resolutions and orders containin"in chronolo"ical order the entries of all final decisions,

resolutions and orders of the Co$$ission5i Disposition and #emand of #ecords. A!on entry of

jud"$ent, he shall i$$ediately re$and the records ofthe case to the Re"ional 'rbitration )ranch of ori"in,

Re"ional =irector or his duly authoried officer, as the

case $ay be. The Records Anit shall i$$ediately !ostsaid records without delay within two 02 workin" days5

j )onthl$ Accomplishment #eports. e shall sub$it a

$onthly acco$!lish$ent re!ort of the Co$$ission or



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=ivision not later than the 9th day of the followin"$onth5

k 3ther +unctions. e shall !erfor$ other functions asdirected by the Chair$an or the Co$$ission en banc.

Sec. 6. oard 'ecretaries. The )oard Secretaries of theCo$$ission shall assist the >#ecutive Clerk or =e!uty

>#ecutive Clerks in the !erfor$ance of their duties and

functions relative to the Co$$ission or their res!ective=ivisions.

Sec. 7. (ssuance of !ertified !opies. Anless otherwise restrictedby Section : hereof, the >#ecutive Clerk, =e!uty >#ecutive

Clerks, and the authoried officers of the Re"ional

'rbitration )ranches shall !re!are, for any !erson askin"for the sa$e, a certified co!y, under the Seal of the

Co$$ission, of any !a!er, record, decision, resolution,order or entry by and in his office, !ro!er to be certified,

after !ay$ent of the standard fees to the Co$$ission duly

recei!ted for5 rovided, that a !au!er liti"ant, as defined bylaw, shall be e#e$!ted fro$ !ayin" any fee for certified

co!ies of any docu$ent, includin" transcri!ts ofsteno"ra!hic notes.

Sec. 9. Power to Administer 3ath. The Chair$an, 4e$bers of

the Co$$ission, the >#ecutive Clerk, the =e!uty>#ecutive Clerks, the >#ecutive Labor 'rbiters, the Labor

'rbiters, and other !ersons desi"nated or co$$issioned bythe Chair$an of the Co$$ission, shall have the !ower to

ad$inister oath on all $atters or !roceedin"s related to the!erfor$ance of their duties.

Sec. :. Access to !ommission #ecords. 'll official records of the

Co$$ission shall be o!en to the !ublic durin" re"ularoffice hours, e#ce!t those ke!t by it in the nature of

confidential re!orts, records or co$$unications whichcannot be divul"ed without violatin" !rivate ri"hts or

!rejudicin" the !ublic interest. 4inutes of hearin"s or

sessions $ay not be divul"ed until after !ro$ul"ation of

the decision or resolution.

RULE ,III

EFFECTIVIT/

Sec. 1. /ffectivit$. These Rules shall take effect fifteen 016 days

after !ublication in two 02 news!a!ers of "eneralcirculation.


nlrc rules

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