Does the NLRC have original jurisdiction over illegal dismissal cases?

No. The NLRC only acquires jurisdiction in the event that the Secretary of Labor refers and certifies the
case to it.

Does the voluntary arbitrator have jurisdiction over illegal dismissal cases?

Yes. Provided the parties submitted the issues to the jurisdiction of the voluntary arbitrator. All labor
disputes can be referred to the voluntary arbitrator by the parties.

Does the voluntary arbitrator have jurisdiction over a tax issue in a labor dispute?

No. The jurisdiction of the voluntary arbitrator only covers the labor issues in all labor disputes. The
voluntary arbitrator has no power to rule on tax issues in labor cases.

Can the Labor Arbiter be assigned as a voluntary arbitrator?

Yes, but in such case, the Labor Arbiter will be acting in the capacity of a voluntary arbitrator, not as a
Labor Arbiter.

Is the decision of the voluntary arbitrator subject to appeal? If yes, which period should be
followed, the Rules of Court or the Labor Code?

Yes, it is subject to appeal as provided under Rule 43. The Rules of Court provide for a period of 15 days,
while the Labor Code provides 10 days. The period provided for under the Labor Code should be
followed.

What is the prescriptive period for filing money claims for unpaid salary and other benefits
instituted together with the illegal dismissal case?

The prescriptive period is 3 years since the case filed is for money claims, and not for illegal dismissal,
which prescribes in 4 years. In this case, the applicable prescriptive period is 3 years.

What is a single entry approach (SENA)?

It is an administrative approach for a speedy, impartial, inexpensive and accessible settlement procedure
of all labor and employment issues through a 30-day mandatory conciliation-mediation.

Who has jurisdiction over a CBA violation involving an OFW?

If it involves a violation of the CBA, then the case will be subject to Grievance Machinery. If it remains
unresolved, then the voluntary arbitrator has jurisdiction.

Can a foreigner who is working in the Philippines without a permit seek remedy in Philippine labor
tribunals?

No. An alien working in the Philippines without a permit cannot seek remedy. If an alien who has no
permit filed a case for illegal dismissal against his employer, the case will simply be dismissed.

Does the NLRC decision become final despite the filing of a petition under Rule 65 with the CA?

Yes. By declaration of the law, the decision becomes final 10 days after the parties received the order.
In the preceding question, does the finality of the NLRC decision prevent the filing of a petition
under Rule 65?

No. The decision is final, but still subject to review under a petition filed under Rule 65.

What is the concept of judicial courtesy?

It means that it would be proper for a lower court or court of origin to suspend its proceedings in view of a
pending appeal or petition for review in a higher court.

If the NLRC has decided the case and the decision has become final, but one party or both parties went
up to the Court of Appeals under Rule 65 petition, the Court said that the NLRC should not execute the
judgment out of judicial courtesy. The Court said that, if you know that there is a pending petition even
without a TRO, you must observe judicial courtesy because the execution of your decision might render
nugatory or useless the petition filed before a higher court

What is the difference between (a) compromise agreement or judgment on consent and (b)
confession of judgment or judgment by confession?

a. In a compromise agreement, there must be unqualified agreement among the parties to be bound by
the judgment on consent before the second judgment may be entered. the provisions and terms of which
are settled and a agreed upon by the parties to the action, and which is entered in the record by the
consent and sanction of the court, Hence, there must be an unqualified agreement among the parties to
be bound by the judgment on consent before said judgment may be entered. The court does not have the
power to supply the terms, provisions, or essential details not previously agreed to by the parties.

b. In a judgment by confession, there is voluntary admission, which is an affirmative and voluntary act of
the defendant himself. Here, the court exercises a certain amount of supervision over the entry of
judgment as well as equitable jurisdiction over the subsequent status. Since it is a voluntary act, there is
no agreement on the part of the adverse party and the court renders a decision based on such admission.
A confession of judgment is an acknowledgment that a debt is justly due and cuts off all defenses and
right of appeal. It is used as a shortcut to a judgment in a case where the defendant concedes liability. It
is seen as the written authority of the debtor and a direction for entry of judgment against the debtor.
(Republic vs. Bisaya Land Transportation, G.R. No. L-31490, January 6, 1978)

Hanna Li Phils., Inc. (HLPI) entered into a compromise agreement with its employees. As evidence
of this, it executed a document designated as a Confession of Judgment. The court rendered
judgment based on the said document, but HLPI counters the decision on the fact that the
agreement is one for compromise, and not a confession of judgment, since it was agreed upon by
the parties. Was there a valid compromise between the parties?

No, there was no compromise agreement between the parties. Whether it is a compromise agreement or
a voluntary confession of judgment, it is not the designation in the document that is controlling. Even if
we dismiss the Corporations' choice of designation as pure semantics and consider the agreement they
entered into with the complainants as a form of a compromise agreement, we still could not approve the
same.

A review of the compromise agreement shows a gross disparity between the amount offered by the
Corporations compared to the judgment award. The judgment award is P3,453,664,710.86 or each
employee is slated to receive P577,149.85. On the other hand, the P342,284,800.00 compromise is to be
distributed among 5,984 employees which would translate to only P57,200.00 per employee. From this
amount, P8,580.00 as attorney's fees will be deducted, leaving each employee with a measly P48,620.00.
In fact, the compromised amount roughly comprises only 10% of the judgment award. It cannot be
considered valid accepting an outrageously low amount of consideration as compromise defeats the
complainants legitimate claim. (Sara Lee Phils., vs. Macatlang, GR No. 180147, January 14, 2015)

What is a yellow dog contract?

An agreement which exacts from workers as a condition of employment, that they shall not join or belong
to a labor organization, or attempt to organize one, during their period of employment or that they shall
withdraw there from, in case they are already members of labor organization.

What is featherbedding?

When a union cause or attempt to cause employer to pay for or deliver or agree or deliver any money or
other things of value in the nature of an exaction, for service which are not performed or are not be
performed, including the demand for less for union negotiations.

What is a sweetheart contract?

A labor organization asks for or accepts a negotiation or attorneys fees from the employer in settling a
bargaining issue or dispute.

The obligation to pay attorneys fees belongs to the union and cannot be shunted to the individual workers
as their direct responsibility. The law has made clear that any agreement to the contrary shall be null and
void ab initio (EMCO Plywood Corporation, et al. vs. Abelgas, et al GR No. 148532, April 14, 2004)