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WORKERS' CONCERNS APPEALS

1. Basic Rights 1. What is an appeal in compulsory arbitration?


2. Benefits 2. What are the periods of Appeal?
3. Does the Commission entertain any motion or
MIGRANT WORKERS ACT request for extension within which to perfect an
appeal?
1. On overseas Filipino workers 4. What are the grounds for Appeal?
5. Where is the appeal filed?
6. What are the requisites for perfection of appeal?
LEGAL FEES
7. Where is can the appellee file his answer or reply to
the appellant's memorandum of appeal and within
1. What are the legal fees that are being charged by what time?
the National Labor Relations Commission? 8. How much is the appeal fee?
2. Is there any exemption from the payment of legal 9. When is a bond required in an appeal?
fees? 10. How much bond is required to be posted by the
3. What is needed in order for a litigant to avail of such appellant in order to perfect its appeal?
exemption? 11. What are the requisites in posting a surety bond?
4. What is the effect should there be falsity in the 12. What is the duration of the effectivity of the bond
affidavit of the litigant? posted by the appellant?
13. Is a motion to reduce bond entertained?
CONCILIATION & MEDIATION 14. What is the effect when the appeal is perfected?

1. What is conciliation-mediation? INJUNCTION


2. How is conciliation-mediation different from
arbitration? 1. What is preliminary injunction?
3. What are the bases of the implementation of 2. Who grants temporary restraining order or
conciliation mediation in the NLRC? preliminary injunction in Labor Cases?
4. What if it does not work to any of the parties 3. When is temporary injunction or temporary
involved? retraining order granted in ordinary labor disputes?
5. Who are the parties involved in a conciliation- 4. Is it necessary that a Certificate of non-forum
mediation process? shopping accompany the petition for injunction?
6. What are the benefits of the conciliation-mediation 5. When will the writ of preliminary injunction become
process? effective?
6. What is the purpose of the cash bond?
7. In what grounds may the Commission grant
preliminary or permanent injunction in strikes and
lockouts?
7. What happens should the party reach an amicable 8. What is temporary restraining order?
agreement? 9. When and how may a temporary restraining order
8. What will happen if the other party does not comply be issued?
with the terms and conditions provided under the 10. When will the temporary restraining order be
compromise agreement? issued?
11. When will the writ of preliminary injunction become
effective?
PLEADINGS AND APPEARANCES
12. How long is the effectivity of a temporary
restraining order?
1. What is a complaint? 13. When will the order or resolution enjoining the
2. What informations and/or allegations should be performance of illegal acts may be executed?
included in the complaint? 14. In case of non-compliance of the order or
3. Are amendments to the complaint or petition resolution, what sanctions may be done by the
allowed? If so when? Commission?
4. What are prohibited pleadings?
5. What are the pleadings and motions prohibited
CERTIFIED CASES
under the 2005 NLRC Rules of Procedures?
6. Where are pleadings filed?
7. 1. What are certified labor disputes?
8. Who may appear for or in behalf of the party 2. What are the effects of certification?
litigants? 3. What is the effect should the parties defy the
9. How are appearances of counsels made? Certification Order of the Secretary of Labor and
10. Can a non-lawyer appear as counsel in any Employment?
proceedings before the Labor Arbiter or 4. How is judgment in a certified case executed?
Commission?
11. Up to what extent can a lawyer or representative EXECUTION PROCEEDINGS
act in behalf of the client or party-litigant?
1. What is a writ of execution?
VENUE, ASSIGNMENT AND DISPOSITION OF 2. When may a writ of execution be issued by a Labor
CASES Arbiter?
3. Is there a need for a pre-execution conference?
1. What are the Rules with regards to venue? When is this being scheduled by the Labor Arbiter?
2. Who is responsible for the raffle of cases filed in the 4. Who enforces the writ of execution?
Regional Arbitration Branches? 5. How is a monetary judgment executed?
3. What will happen should there be two or more cases 6. How is a judgment providing for reinstatement be
or complaints pending before different Labor executed even if there is an appeal pending in the
Arbiters in the same Regional Arbitration Branch Commission?
involving the same employer and common principal 7. May a Labor Arbiter/Sheriff refuse to issue/enforce
causes of action, or the same parties with different writ of execution?
causes of action? 8. What is the validity of the writ of execution?
4. What should the parties do in order to consolidate 9. What are the properties exempt from execution?
their cases? 10. What is the effect of perfection of Appeal on
5. What would happen if there is an objection to Execution?
consolidate cases? 11. What is the effect on execution of a petition for
6. How are cases disposed? certiorari lodged in the Court of Appeals or the
7. What are the obligations of the parties and the Supreme Court?
Labor Arbiter if during the pendency of the case 12. What are the grounds of quashing the writ of
(before a Labor Arbiter), the Secretary of Labor has execution?
assumed jurisdiction over the case or the same has 13. What is the effect of the filing of a motion to
been certified to the Commission? quash?
14. Who will resolved the motion to quash filed by the
PROCEEDINGS BEFORE LABOR ARBITERS respondent and within what time frame?
15. When can a Third Party Claim be filed?
1. What are the cases which falls under the original 16. How is a Third Party Complaint filed?
and exclusive jurisdiction of Labor Arbiters? 17. How much is the fee charged in filing a third party
2. Do Labor Arbiters have jurisdiction with regards to claim?
the implementation or interpretation of collective 18. What is the effect of a Third Party Claim on the
bargaining agreements? execution proceedings?
3. What is the nature of the proceedings before the 19. Within what time must the Labor Arbiter resolve
Labor Arbiter? the Third Party Claim?
4. What is mandatory conciliation and mediation 20. What are the obligations of the prevailing party in
conference? order to hasten the execution process?
5. What is the purpose of conducting mandatory 21. How is a decision or order be executed?
conciliation and mediation conference?
6. Until what stage of the proceedings can conciliation RELEASE OF JUDGEMENT AWARD
and mediation efforts be exerted?
7. If the conciliation and mediation efforts succeed, 1. What documents should be secured for the release
what should the parties do next? of a judgment award?
8. Who shall approve the compromise agreement 2. What does the certification contain?
entered into by the parties? 3. Where shall the order of Release and other
9. What is the effect of a compromise agreement? documents be filed?
10. When will the mandatory conciliation and mediation 4. How shall the award be distributed in case there are
be terminated? two or more claimants?
11. Is there an exemption to this rule? 5. If the judgment provides for the award of Attorney's
12. Is a motion for postponement allowed? fees, to whom will it be paid?
13. What is the effect should there be a failure of 6. Can the judgment award be paid to persons or
conciliation and mediation? entities other than the winning party?
14. Can parties file a motion to dismiss? When? 7. What are the requirements needed by the cashier
15. What grounds may be used in filing a motion to before releasing the check pertaining to the Order
dismiss? of Release? To whom shall the check be payable?
16. What is the effect of the denial of a motion to
dismiss? GENERAL CONCERNS
17. When will the parties be allowed to submit position
papers? 1. Which bonding companies are accredited by NLRC?
18. What must be alleged in the position paper?
19. When must a reply be filed?
2. What are the requirements for securing a
20. What allegations are parties not allowed to make in
Certificate/Clearance of No Pending Case?
their position papers and replies?
21. Is it necessary for the Labor Arbiter to conduct a
clarificatory hearing? If not, when?
22. What is the purpose of the clarificatory hearing?
23. What is the aggregate period for clarificatory
hearing?
24. When is a case be deemed submitted for decision?
25. What is the period within which the Labor Arbiter
may decide the case?
26. Are motions for reconsideration or relief from
judgment of Labor Arbiters entertained in the
Arbitral level?
27. How may a dismissed case be revived or reopened?
PROCEEDINGS BEFORE THE COMMISSION

1. Can Conciliation and Mediation be exerted in the


Commission level?
2. Is a motion to inhibit entire Division entertained?
3. Can a Commissioner inhibit himself from
consideration and resolution of the case?
4. What is the rule with regards to consolidation of
appealed and injunction cases in the Commission
level?
5. When does a decision of the Commission become
final?
6. When can there be an Entry of Judgment in the
Commission level?

7. Are motions for reconsideration from the order of


the Commission entertained ?

CERTIFICATE/CLEARANCE OF NO PENDING CASE

WHAT ARE THE REQUIREMENTS FOR SECURING A CERTIFICATE/CLEARANCE OF NO PENDING CASE?

A Request Letter
Affidavit of Undertaking of No Pending Case
(3 copies each)

Address to:
Hon. MANUEL M. MANANSALA
Executive Labor Arbiter
For Administration
PLEADINGS & APPEARANCES

WHAT IS A COMPLAINT?

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

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

The names and addresses of all complainants or petitioners and respondents must be stated in the complaint
or petition. It shall be signed under oath by the complainant or petitioner, with a declaration of non-forum
shopping.

Also A party having more than one cause of action against the other party, arising out of the same
relationship, shall include all of them in one complaint or petition.

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

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

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

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

Rule III, Section 4 of the 2005 NLRC Rules of Procedure provides that he following pleadings and motions
shall not be allowed and acted upon nor elevated to the Commission in all cases covered by the Rules:
a. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter,
improper venue, res adjudicata, prescription and forum shopping;
b. Motion for a bill of particulars;
c. Motion for new trial;
d. Petition for relief from judgment when filed with the Labor Arbiter;
e. Petition for certiorari, mandamus or prohibition;
f. Motion to declare respondent in default;
g. Motion for reconsideration or appeal from any interlocutory order of the Labor Arbiter.

WHERE ARE PLEADINGS FILED?

All pleadings in connection with the case shall be filed with the appropriate docketing unit of the Regional
Arbitration Branch or the Commission, as the case maybe.
WHO MAY APPEAR FOR OR IN BEHALF OF THE PARTY LITIGANTS?

Aside from the party litigant himself, a lawyer may appear in behalf of the party. A lawyer appearing for a
party is presumed to be properly authorized for that purpose. In every case, he shall indicate in his pleadings
and motions his Attorneys Roll Number, as well as his PTR and IBP numbers for the current year.

HOW ARE APPEARANCES OF COUNSELS MADE?

Appearances may be made orally or in writing. In both cases, the complete name and office address of both
parties shall be made on record and the adverse party or his counsel or representative properly notified.
LEGAL FEES

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

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

1. Certificate of Pending/No Pending


Php 300.00
Cases
2. Transcript of Stenographic Notes 10.00/page
3. Certified Machine Copies 10.00/page
4. Filing fee for Petition for
3,000.00
Injunction/TRO
5. Filing fee for Petition for Relief from
3,000.00
Judgment
6. Injunction Expense Fund
5,000.00 minimum
(refundable)
7. Deposit fee under BP 325
a. 1st P2,000.00 a. 20.00
b. 2,001.00 to 18,000.00 b. 90.00

c. Over P18,000.00 c. (x.5%)


8. Filing fee for Motion to Quash
500.00
(re:Writ of Execution)
9. Filing fee for Motion to Recompute
500.00
Award
10. Filing fee for Third Party
5,000.00
Claim/Complaint
11. Execution Fee: (to be charge pro-
rat
a. For awards less than P5,000.00
b. P5,000 or more but less than a. 200.00
P20,000.00 b. 400.00
c. P20,000 or more but less than c. 600.00
P50,000.00 d. 800.00
d. P50,000 or more but less than e. 1,000.00
P100,000.00
e. P100,000 or more but less than f. 1,000.00 plus 10.00 for every 1,000.00
P150,000.00 in excess of 150,000.00

f. P150,000 or more
12. Appeal Fee 150.00
13. Legal Research fee (UP Law
20.00
Center)

IS THERE ANY EXEMPTION FROM THE PAYMENT OF LEGAL FEES?

Paragraph 3 of the En Banc Resolution No. 01-05, Series of 2005, provides:

"Unless otherwise provided by law, rule or regulation, the imposition of the foregoing fees/charges is
subject to the qualification that indigent litigants ( whose gross income and that of their immediate
family do not exceed an amount double the monthly minimum wage for an employee and (b) who do
not own real property with a fair market value as stated in the current tax declaration or more than
Three Hundred Thousand (P300,000.00) pesos shall be exempt from immediate payment of
fees/charges."

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


RELEASE OF JUDGEMENT AWARD

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

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

WHAT DOES THE CERTIFICATION CONTAIN?

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

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

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

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

HOW SHALL THE AWARD BE DISTRIBUTED IN CASE THERE ARE TWO OR MORE CLAIMANTS?
The distribution should be made in a manner provided in the order of Release. If the Order does not provide for such, the award shall be distributed and paid on
pro-rata basis as per Decision, unless there is a notarized agreement signed by all claimants providing another manner of distribution.

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

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

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

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

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

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

WHAT IS A WRIT OF EXECUTION?

The writ of execution is an Order issued by the NLRC or any of its Labor Arbiters, requiring the sheriff or its duly designated officer to execute their judgment;
it must contain the dispositive portion of the decision, order or award sought to be executed; and must require the sheriff or duly designated officer to whom it
is directed substantially as follows:
a. If the execution be for the payment of a sum of money by the losing party, the writ shall be served by the sheriff upon the losing party or upon
any other person required by law to obey the same before proceeding to satisfy the judgment out of the personal property of such party and, if no
sufficient personal property can be found, then out of his real property;
b. If the execution be for the reinstatement of any person to any position, office or employment, such writ shall be served by the sheriff upon the
losing party or upon any other person required by law to obey the same. Such party or person may be punished for contempt if he disobeys such
decision or order for reinstatement, including payment of salary as a consequence of reinstatement pending appeal; [Rule III, Section 2( and (b) of
the NLRC Manual on Execution of Judgment]
WHEN MAY A WRIT OF EXECUTION BE ISSUED BY A LABOR ARBITER?

a. A writ of execution may be issued motu proprio or on motion, upon a decision or order that finally disposes of the action or proceedings after the parties and
their counsels or authorized representatives are furnished with copies of the decision or order in accordance with these Rules, but only after the expiration of
the period to appeal if no appeal has been filed, as shown by the certificate of finality.
b. If an appeal has been filed, a writ of execution may be issued when there is an entry of judgment as provided for in Section 14 of Rule VII of the 2005 NLRC
Rules of Procedure.

No motion for execution shall be entertained nor a writ of execution be issued unless the Labor Arbiter or the Commission is in possession of the records of the
case which shall include an entry of judgment if the case was appealed; except that, as provided for in Section 14 of Rule V and Section 6 of the 2005 NLRC
Rules of Procedure, and in those cases where partial execution is allowed by law, the Labor Arbiter shall retain duplicate original copies of the decision to be
implemented and proof of service thereof for the purpose of immediate enforcement.

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

Yes. Rule IX, Section 2 of the 2005 NLRC Rules of Procedure provides - "Within two (2) working days from receipt of a motion for the issuance of a writ of
execution, and subject to Section 1, paragraph (b) of this Rule, the Labor Arbiter shall schedule a pre-execution conference or hearing to thresh out matters
relevant to execution, including the computation of the award."

WHO ENFORCES THE WRIT OF EXECUTION?

The Sheriff, or other authorized officer acting as Sheriff of the Commission executes or enforces the decision, resolution or order of the commission.
HOW IS A MONETARY JUDGMENT EXECUTED?

Rule XI, Section 5 of the 2005 NLRC Rules of Procedure provides for the following:
a. Immediate payment on demand. - The Sheriff shall enforce a monetary judgment by demanding the immediate payment of the full amount stated in
the writ of execution and all lawful fees from the losing party or any other person required by law to obey the same.
b. In the event of failure or refusal of the losing party to pay the judgment award, the Sheriff shall immediately proceed against the cash deposit or
surety bond posted by the losing party, if any;
c. If the bonding company refuses to comply with the writ of execution, then its president and officers or authorized representatives shall be cited for
contempt, and the bonding company shall be barred from transacting business with the Commission;
d. Should the cash deposit or surety bond be insufficient, or in case the surety bond cannot be proceeded against for any reason, the Sheriff shall, within
five (5) days from demand, execute the monetary judgment by levying on the property, personal and real, of the losing party not exempt from
execution, sufficient to cover the judgment award, which may be disposed of for value at a public auction to the highest bidder.
e. Proceeds of execution shall be deposited with the Cashier of the concerned Division or Regional Arbitration Branch, or with an authorized deposiary
bank. Where payment is made in the form of a check, the same shall be payable to the Commission.

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

Rule XI, Section 6 of the 2005 NLRC Rules of Procedure provides -

"In case the decision includes an order of reinstatement, and the employer disobeys the directive under the second paragraph of Section 14 of Rule V or refuses
to reinstate the dismissed employee, the Labor Arbiter shall immediately issue writ of execution, even pending appeal, directing the employer to immediately
reinstate the dismissed employee either physically or in the payroll, and to pay the accrued salaries as a consequence of such reinstatement at the rate specified
in the decision.

"The Sheriff shall serve the writ of execution upon the employer or any other person required by law to obey the same. If he disobeys the writ, such employer or
person may be cited for contempt in accordance with Rule IX.

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


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

WHAT IS THE VALIDITY OF THE WRIT OF EXECUTION?

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

WHAT ARE THE PROPERTIES EXEMPT FROM EXECUTION?

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

WHAT IS THE EFFECT OF PERFECTION OF APPEAL ON EXECUTION?

The perfection of an appeal shall stay the execution of the decision of the Labor Arbiter on appeal, except execution for reinstatement pending appeal (Rule XI,
Section 9 of the 2005 NLRC Rules of Procedure)
WHAT IS THE EFFECT ON EXECUTION OF A PETITION FOR CERTIORARI LODGED IN THE COURT OF APPEALS OR THE SUPREME COURT?

A petition for certiorari with the Court of Appeals or the Supreme Court shall not stay the execution of the assailed decision unless a restraining order is issued by
said courts (Rule XI, Section 10 of the 2005 NLRC Rules of Procedure).

WHAT ARE THE GROUNDS OF QUASHING THE WRIT OF EXECUTION?

a. It was improvidently issued;


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

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


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

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

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

WHEN CAN A THIRD PARTY CLAIM BE FILED?

A third party claim shall be filed within five (5) days from the last day of posting or publication of the notice of execution sale; otherwise the claim shall be forever
barred.

HOW IS A THIRD PARTY COMPLAINT FILED?

The third party claimant shall execute an affidavit stating his title to the property or right to possession thereof with supporting evidence, and shall file the same
with the Sheriff and the Commission or Labor Arbiter who issued the writ of execution.

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

Please refer to the Schedule of Fees.


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

Upon receipt of the third party claim, all proceedings, with respect to the execution of the property subject of such claim, shall automatically be suspended.

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

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

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

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

HOW IS A DECISION OR ORDER EXECUTED?

A decision or order may be executed on motion within five (5) years from the date it becomes final and executory. After the lapse of such period, the judgment
shall become dormant, and may only be enforced by an independent action within a period of ten (10) years from date of its finality.
APPEAL

WHAT IS AN APPEAL IN COMPULSORY ARBITRATION?

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

WHAT ARE THE PERIODS OF APPEAL?

1. Decisions, resolutions or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10)
calendar days from receipt thereof;
2. In case of decisions, resolutions or orders of the Regional Director of the Department of Labor and Employment pursuant to Article 129 of the Labor Code,
within five (5) calendar days from receipt thereof.

If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following
such Saturday, Sunday or holiday ( Rule VI, Section 1, Par. 1 of the 2005 NLRC Rules of Procedure).

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

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

WHAT ARE THE GROUNDS FOR APPEAL?


The appeal may be entertained only on any of the following grounds:
a. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director;
b. If the decision, resolution or order was secured through fraud or coercion, including graft and corruption;
c. If made purely on questions of law; and/or
d. If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant. (Rule VI,
Section 2 of the 2005 NLRC Rules of Procedure).

WHERE IS THE APPEAL FILED?

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

WHAT ARE THE REQUISITES FOR PERFECTION OF APPEAL?

Rule VI, Section 4, of the 2005 NLRC Rules of Procedure sets forth the requirements for perfection of appeal, to wit:
a. The appeal shall be filed within the reglementary period;
b. Appeal must be verified by the appellant himself in accordance with Section 4, Rule 7 of the Rules of Court, as amended;
c. The appeal shall be in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief
prayed for, and with a statement of the date the appellant received the appealed decision, resolution or order;
d. The appeal shall be in three (3) legibly typewritten or printed copies; and accompanied by the following:

i) proof of payment of the required appeal fee;


ii) posting of a cash or surety bond as provided in Rule IV, Section 6 of 2005 NLRC Rules of Procedure;
iii) a certificate of non-forum shopping; and
iv) proof of service upon the other parties.

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

The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed, his answer or reply to appellant's memorandum of
appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal to
file his answer or reply within the said period may be construed as a waiver on his part to file the same. [Rule IV, Section 4(d) of 2005 NLRC Rules of Procedure]

HOW MUCH IS THE APPEAL FEE?

The appellant shall pay an appeal fee of One Hundred Fifty Pesos (P150.00) to the Regional Arbitration Branch or Regional Office of origin, and the official
receipt of such payment shall form part of the records of the case.

WHEN IS A BOND REQUIRED IN AN APPEAL?

A bond (in the form of cash or surety) is required in case the decision of the Labor Arbiter or the Regional Director involves a monetary award.
HOW MUCH BOND IS REQUIRED TO BE POSTED BY THE APPELLANT IN ORDER TO PERFECT ITS APPEAL?

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

WHAT ARE THE REQUISITES IN POSTING A SURETY BOND?

1. The surety bond shall be issued by a reputable bonding company duly accredited by the Commission or the Supreme Court,
2. The bond shall be accompanied by original or certified true copies of the following:
a. a joint declaration under oath by the employer, his counsel, and the bonding company, attesting that the bond posted is genuine, and shall be in effect
until final disposition of the case.
b. an indemnity agreement between the employer-appellant and bonding company;
c. proof of security deposit or collateral securing the bond: provided, that a check shall not be considered as an acceptable security;
d. a certificate of authority from the Insurance Commission;
e. certificate of registration from the Securities and Exchange Commission;
f. certificate of authority to transact surety business from the Office of the President;
g. certificate of accreditation and authority from the Supreme Court; and
h. notarized board resolution or secretarys certificate from the bonding company showing its authorized signatories and their specimen signatures.

WHAT IS THE DURATION OF THE EFFECTIVITY OF THE BOND POSTED BY THE APPELLANT?
A cash or surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award
satisfied. This condition shall be deemed incorporated in the terms and conditions of the surety bond, and shall be binding on the appellants and the bonding
company.

IS A MOTION TO REDUCE BOND ENTERTAINED?

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

The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraphs shall not stop the running of the period to perfect an
appeal.

WHAT IS THE EFFECT WHEN THE APPEAL IS PERFECTED?

Without prejudice to immediate reinstatement pending appeal under Section 6 of Rule XI, once an appeal is filed, the Labor Arbiter loses jurisdiction over the
case. All pleadings and motions pertaining to the appealed case shall thereafter be addressed to and filed with the Commission.

WHAT IS CONCILIATION-MEDIATION?

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

HOW IS CONCILIATION-MEDIATION DIFFERENT FROM ARBITRATION?


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

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

a. Art XIII, Sec. 3 (Par. 3) of the 1987 Philippine Constitution

"The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace."

b. Art. 211 (A) of the Labor Code of the Philippines

"Art. 211. Declaration of Policy. A. It is the policy of the State:

1. To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as
modes of settling labor or industrial disputes;"
c. The NLRC Mandate
WHAT IF IT DOES NOT WORK TO ANY OF THE PARTIES INVOLVED?

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

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

The parties involved;


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

WHAT ARE THE BENEFITS OF THE CONCILIATION-MEDIATION PROCESS?

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

WHAT HAPPENS SHOULD THE PARTY REACH AN AMICABLE AGREEMENT?

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

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

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

PROCEEDINGS BEFORE LABOR ARBITERS

WHAT ARE THE CASES WHICH FALLS UNDER THE ORIGINAL AND EXCLUSIVE JURISDICTION OF LABOR ARBITERS?

Labor Arbiters shall have original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non-agricultural:
a. Unfair labor practice cases;
b. Termination disputes;
c. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and
conditions of employment;
d. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
e. Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions involving the legality of strikes and lockouts;
f. Except claims for employees compensation not included in the next succeeding paragraph, social security, medicare, and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Five
Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;
g. Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas deployment,
including claims for actual, moral, exemplary and other forms of damages;
h. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6727;
i. Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended; and
j. Other cases as may be provided by law.

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

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

"Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of
company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration, as may
be provided in said agreements."
WHAT IS THE NATURE OF THE PROCEEDINGS BEFORE THE LABOR ARBITER?

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

WHAT IS MANDATORY CONCILIATION AND MEDIATION CONFERENCE?

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

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

The mandatory conciliation and mediation conference shall be called for the purpose of (1) amicably settling the case upon a fair compromise; (2) determining the
real parties in interest; (3) determining the necessity of amending the complaint and including all causes of action; (4) defining and simplifying the issues in the
case; (5) entering into admissions or stipulations of facts; and (6) threshing out all other preliminary matters. [Rule V, Section 3(a) of the 2005 NLRC Rules of
Procedure]

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

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

IF THE CONCILIATION AND MEDIATION EFFORTS SUCCEED, WHAT SHOULD THE PARTIES DO NEXT?
Should the parties arrive at any agreement as to the whole or any part of the dispute, the same shall execute a compromise agreement which shall be signed by the parties
and their respective counsel or authorized representative, if any, before the Labor Arbiter.

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

The compromise agreement shall be approved by the Labor Arbiter, if after explaining to the parties, particularly to the complainants, the terms, conditions and
consequences thereof, he is satisfied that they understand the agreement, that the same was entered into freely and voluntarily by them, and that it is not
contrary to law, morals, and public policy.

WHAT IS THE EFFECT OF A COMPROMISE AGREEMENT?

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

WHEN WILL THE MANDATORY CONCILIATION AND MEDIATION BE TERMINATED?

The mandatory conciliation and mediation conference shall be terminated within thirty (30) calendar days from the date of the first conference.
IS THERE AN EXEMPTION TO THIS RULE?

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

IS A MOTION FOR POSTPONEMENT ALLOWED?

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

WHAT IS THE EFFECT SHOULD THERE BE A FAILURE OF CONCILIATION AND MEDIATION?

Should the parties fail to agree upon an amicable settlement, either in whole or in part, during the mandatory conciliation and mediation conference, the Labor
Arbiter shall terminate the conciliation and mediation stage and shall direct the parties to simultaneously file their respective position papers on the issues agreed
upon by the parties and as reflected in the minutes of the proceedings.

CAN PARTIES FILE A MOTION TO DISMISS? WHEN?

Yes. On or before the date set for the mandatory conciliation and mediation conference, the respondent may file a motion to dismiss.
WHAT GROUNDS MAY BE USED IN FILING A MOTION TO DISMISS?

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

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

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

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

WHEN WILL THE PARTIES BE ALLOWED TO SUBMIT POSITION PAPERS?

Should there be failure of mandatory conciliation and mediation or there is non-appearance of by the respondent in the mandatory conciliation and mediation
conference, the Labor Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting documents and affidavits, if any,
within an inextendible period of ten (10) calendar days from the date of termination of the mandatory conciliation and mediation conference.

WHAT MUST BE ALLEGED IN THE POSITION PAPER?

The position papers of the parties shall cover only those claims and causes of action raised in the complaint or amended complaint, excluding those that may have
been amicably settled, and accompanied by all supporting documents, including the affidavits of witnesse0s, which shall take the place of their direct testimony.
WHEN MUST A REPLY BE FILED?

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

WHAT ALLEGATIONS ARE PARTIES NOT ALLOWED TO MAKE IN THEIR POSITION PAPERS AND REPLIES?

The parties shall not be allowed to allege facts, or present evidence to prove facts and any cause or causes of action not referred to or included in the original or
amended complaint or petition.

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

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

WHAT IS THE PURPOSE OF THE CLARIFICATORY HEARING?

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

WHAT IS THE AGGREGATE PERIOD FOR CLARIFICATORY HEARING?

In any case, the hearing or clarificatory conference shall be terminated within ninety (90) calendar days from the date of the initial hearing or conference.
In cases involving overseas Filipino workers, the aggregate period for conducting the mandatory conciliation and mediation conference, including hearing on the
merits or clarificatory conference, shall not exceed sixty (60) days, which shall be reckoned from the date of acquisition of jurisdiction by the Labor Arbiter over
the person of the respondents.
WHEN IS A CASE BE DEEMED SUBMITTED FOR DECISION?

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

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

WHAT IS THE PERIOD WITHIN WHICH THE LABOR ARBITER MAY DECIDE THE CASE?

The Labor Arbiter shall render his decision within thirty (30) calendar days, without extension, after the submission of the case by the parties for decision, even in
the absence of stenographic notes; Provided however, that cases involving overseas Filipino workers shall be decided within ninety (90) calendar days after the
filing of the complaint which shall commence to run upon acquisition by the Labor Arbiter of jurisdiction over the respondents. (Rule V, Section 13 of the 2005
NLRC Rules of Procedure)

ARE MOTIONS FOR RECONSIDERATION OR RELIEF FROM JUDGMENT OF LABOR ARBITERS ENTERTAINED IN THE ARBITRAL LEVEL?
No. However, when one such motion for reconsideration is filed, it shall be treated as an appeal provided that it complies with the requirements for perfecting an
appeal. In the case of a petition for relief from judgment, the Labor Arbiter shall elevate the case to the Commission for disposition. (Rule V, Section 15 of the
2005 NLRC Rules of Procedure)

HOW MAY A DISMISSED CASE BE REVIVED OR REOPENED?

A party may file a motion to revive or re-open a case dismissed without prejudice, within ten (10) calendar days from receipt of notice of the order dismissing the
same; otherwise, his only remedy shall be to re-file the case in the arbitration branch of origin.( Rule V, Section 16 of the 2005 NLRC Rules of Procedure).