Margaret Nicole Larin

BSBA-HROM III-1
Sir. Lopez
Commission
a.) Decision awards or orders of Labor Arbiters appealed to the Commission through its Division,
with the first sixth handling cases from the National Capital Region and other part of Luzon; the
seventh and eight handling cases from the Visayas and Mindanao, respectively.
"Art. 217. Jurisdiction of Labor Arbiters and the Commission. (a) The Labor Arbiters shall have
the original and exclusive jurisdiction to hear and decide within thirty (30) working days after
submission of the case by the parties for decision, the following cases involving all workers, whether
agricultural or non-agricultural:
1. Unfair labor practice cases.
2. Those that workers may file involving wages, hours of work and other terms and conditions of
employment;
3. All money claim of workers, including those based on non-payment or underpayment of
wages, overtime compensation, separation pay and other benefits provided by law or appropriate
agreement, except claims for employees' compensation, social security, medicare and maternity
benefits; 4. Cases involving household services; and
5. Cases arising from any violation of Article 265 of this Code, including questions involving the
legality of strikes and lockouts. "(b) The Commission shall have exclusive appellate jurisdiction
over all cases decided by Labor Arbiters."
b.) Cases certified to it by the Secretary of Labor , as well as petitions with seek to enjoin or restrain
any actual or threatened commission of prohibited or lawful acts in any labor dispute.
Article 218
" To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful
acts in any labor dispute which, if not restrained forthwith, may cause grave or irreparable
damage to any party or render ineffectual any decision in favor of such party: Provided, That no
temporary injunction against the commission of acts prohibited under Article 265 of this Code
shall be issued by the Commission, except after due notice and hearing and in accordance with its
rules: Provided, further, That any ex parte restraining order issued by the Commission, or its
Chairman or Vice Chairman when the Commission is not in session and as may be prescribed by
its rules, shall be valid for a period not exceeding twenty (20) days: Provided, finally, That the
reception of evidence for the application of a writ of injunction may be delegated by the
Commission to any of its Labor Arbiters who shall, in cases where the parties are not residents of
Metro Manila, conduct such hearings in such places as he may determine to be accessible to the
parties and its witnesses and shall submit thereafter his recommendation to the Commission."
C.) Decision of Regional Directors or hearing officers on simple money claims appealed to the
Commision.
Art. 129. Recovery of wages, simple money claims and other benefits. Upon complaint of any
interested party, the Regional Director of the Department of Labor and Employment or any of the
duly authorized hearing officers of the Department is empowered, through summary proceeding

and after due notice, to hear and decide any matter involving the recovery of wages and other
monetary claims and benefits, including legal interest, owing to an employee or person employed
in domestic or household service or househelper under this Code, arising from employeremployee relations: Provided, That such complaint does not include a claim for reinstatement:
Provided further, That the aggregate money claims of each employee or househelper does not
exceed Five thousand pesos (P5,000.00). The Regional Director or hearing officer shall decide or
resolve the complaint within thirty (30) calendar days from the date of the filing of the same. Any
sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be
held in a special deposit account by, and shall be paid on order of, the Secretary of Labor and
Employment or the Regional Director directly to the employee or househelper concerned. Any
such sum not paid to the employee or househelper because he cannot be located after diligent and
reasonable effort to locate him within a period of three (3) years, shall be held as a special fund of
the Department of Labor and Employment to be used exclusively for the amelioration and benefit
of workers.
Any decision or resolution of the Regional Director or hearing officer pursuant to this provision
may be appealed on the same grounds provided in Article 223 of this Code, within five (5)
calendar days from receipt of a copy of said decision or resolution, to the National Labor
Relations Commission which shall resolve the appeal within ten (10) calendar days from the
submission of the last pleading required or allowed under its rules.
The Secretary of Labor and Employment or his duly authorized representative may supervise the
payment of unpaid wages and other monetary claims and benefits, including legal interest, found
owing to any employee or househelper under this Code. (As amended by Section 2, Republic Act
No. 6715, March 21, 1989)
Distinction between the jurisdiction of the Labor Arbiters and the Commision
1.) The Commision has exclusive appellate jurisdiction on all cases decided by the Labor
Arbiters.
2.) Commission does not have original jurisdiction on the cases over which Labor Arbiters have.
3.) If a claim does not fall within the exclusive original jurisdiction of the Labor Arbiters, the
Commission cannot have appellate jurisdiction there over.
2.) Effect of Self-executing order of reinstatement on backwages.
There should be payment of backwages for the period when the employees should have been reinstated
by the order of the Labor Arbiter. Until the employer continuously fails to actually implement the
reinstatement aspect of the decision of the Labor Arbiter, its obligation to the dismissed employees,
insofar as accrued backwages and the other benefits are concerned, continue to accumulate.