2011 NLRC Rules of Procedure  Under voluntary arbitration, the "judge" is named by the parties, pursuant to a voluntary

arbitration clause in their collective agreement. He is an impartial third person authorized by

Compulsory Arbitration the parties to make a final and binding decision or award.
 Where the law declares the dispute subject to arbitration, regardless of the consent of the  The judge is called a VOLUNTARY ARBITRATOR and can be:
parties which will be managed by a disinterested person or party usually appointed by the o Any person accredited by the Board as such;
state. o Any person named or designated in the CBA by the parties to act as their voluntary
arbitrator;
 It is an adversarial proceeding initiated by a complaint [usually by a union] for wage distortion
o One chosen, with or without the assistance of the NCMB, pursuant to selection
before the Labor Arbiter and the other party is required to answer.
procedure agreed upon in the CBA;
 Process of settlement of labor disputes by a government agency [or by other means provided
o Any official that may be authorized by the Sec of Labor to act as voluntary arbitrator
by the government] which has the authority to investigate and to make award which is binding
upon the written request and agreement of the parties to a labor dispute.
on all the parties.
 Due to this, parties are compelled to forgo their right to strike
 A voluntary arbitrator is not a public tribunal imposed upon the parties by a superior authority
 Proceedings after a labor arbiter's decision is brought up to the National Labor Relations
which the parties are obliged to accept.
Commission cannot be considered as part of the arbitration proceedings.
o He has no general character to administer justice for a community.
o This is because in the appeal stage, the Commission merely reviews the Labor
o He is rather part of a system of self-government created by and confined to the
Arbiter's decision for errors of fact or law.
parties. [Maurice S. Trotta, Arbitration of Labor Management Disputes, American
o It does not duplicate the proceedings held at the Labor Arbiter's level.
Management Association, New York, 1974, p. 73.]
o Thus, the clause "pending final resolution of the case by arbitration" should be
o The power of voluntary arbitrator to try and decide the case is the same as that of a
understood to be limited only to the proceedings before the Labor Arbiter, so that
Labor Arbiter.
when the latter rendered his decision, the case could be considered finally resolved
o The parties can agree to select a Labor Arbiter as a voluntary arbitrator because it is
by arbitration. [See Philippine Airlines, Inc. vs. National Labor Relations Commission,
as to the agreement of the parties.
G.R. No. 55159, Dec. 22, 1989.]
o Although the contract may establish the breadth of the arbitrator’s power and the
 The Commission itself, through any of its divisions, also conducts compulsory arbitration, but
limits of his authority, his power may be more sharply defined in the submission
only in "national interest cases" certified or referred to it by the DOLE secretary under Art.
agreement.
263(g).

Distinguished from voluntary arbitration  Arbitration may be initiated either by:

o a Submission Agreement
 Defined as a contractual proceeding whereby the parties to any dispute, in order to obtain a o by a Demand or Notice invoking a collective agreement arbitration clause.
speedy and inexpensive final disposition of the matter, select a judge of their own choice and o Sometimes both instruments are used in a case.
by consent, submit their controversy to him for determination.
o It is the policy of the State to encourage voluntary arbitration on all labor-management
disputes.
o Before or at any stage of the compulsory arbitration process, the parties may opt to
submit their dispute to voluntary arbitration. (Implementing Rules, Book V, Rule XIX,
SECTION 5.)
o Voluntary arbitration, indeed, is a private judicial system
o Proceedings are non-litigious in nature, not governed by technical rules of procedure
used in courts but due process is always observed.
 Agencies of government exercising compulsory arbitration
DOLE Regional Offices and duly authorized Representatives (Art. 128 and 129; Art. 256-257)
Article 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 house helper under this
Code, arising from employer -employee relations: Provided, That such complaint does not
include a claim for reinstatement: Provided, further, That the aggregate money claims of each
employee or house helper do not exceed five thousand pesos (P5,000). 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 house
helper pursuant to this Article shall be held in a special deposit account, and shall be paid, on
order of the Secretary of Labor and Employment or the Regional Director directly to the
employee or house helper concerned. Any such sum not paid to the employee or house
helper, 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.
Summary of Article 129
The Regional Director or any of the duly authorized hearing officers of DOLE have jurisdiction over
claims for recovery of wages, simple money claims and other benefits, provided that:
1. The claim must arise from employer-employee relationship;
2. The claimant does not seek reinstatement; and
3. The aggregate money claim of each employee does not exceed P5,000
Article 256. Representation issue in organized establishments.
 In organized establishments, when a verified petition questioning the majority status of the
incumbent bargaining agent is filed before the Department of Labor and Employment within the
sixty-day period before the expiration of a collective bargaining agreement, the Med-Arbiter
shall automatically order an election by secret ballot when the verified petition is supported by
the written consent of at least twenty-five percent (25%) of all the employees in the appropriate
bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must
have cast their votes. The labor union receiving the majority of the valid votes cast shall be
certified as the exclusive bargaining agent of all the workers in the unit. When an election
which provides for three or more choices results in no choice receiving a majority of the valid
votes cast, a run-off election shall be conducted between the labor unions receiving the two
highest number of votes: Provided, That the total number of votes for all contending unions is
at least fifty percent (50%) of the number of votes cast.
 At the expiration of the freedom period, the employer shall continue to recognize the majority
status of the incumbent bargaining agent where no petition for certification is filed.
Article 257. Petitions in Unorganized Establishments.
 In any establishment where there is no certified bargaining agent, a certification election shall
automatically be conducted by the Med-Arbiter upon the filing of a petition by any legitimate
labor organization, including a national union or federation which has already issued a charter
certificate to its local/chapter participating in the certification election or a local/chapter which
has been issued a charter certificate by the national union or federation. In cases where the
petition was filed by a national union or federation, it shall not be required to disclose the
names of the local chapter's officers and members
DOLE Secretary and his Duly authorized representatives (Art. 128)
Article 128. Visitorial and enforcement powers. –
(a) The Secretary of Labor and Employment or his duly authorized representatives, including labor
regulations officers, shall have access to employer's records and premises at any time of the day or
night whenever work is being undertaken therein, and the right to copy therefrom, to question any
employee and to investigate any fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules
and regulations issued pursuant thereto.
(b) The provisions of Article 217 of this Code to the contrary notwithstanding and in cases where the
relationship of employer -employee still exists, the Secretary of Labor and Employment or his duly
authorized representatives shall have the power to order and administer, after due notice and hearing,
compliance with the labor standards provisions of this Code and other labor legislation based on the
findings of labor regulation officers or industrial safety engineers made in the course of inspection, and
to issue writs of execution to the appropriate authority for the enforcement of their order, except in
cases where the employer contests the findings of the labor regulation officer and raises issues which
cannot be resolved without considering evidentiary matters that are not verifiable in the normal course
of inspection.
(c) The Secretary of Labor and Employment may likewise order stoppage of work or suspension of
operations of any unit or department of an establishment when non-compliance with the law or
implementing rules and regulations poses grave and imminent danger to the health and safety of
workers in the workplace. Within twenty-four hours, a hearing shall be conducted to determine whether
an order for the stoppage of work or suspension of operations shall be lifted or not. In case the violation
is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages
during the period of such stoppage of work or suspension of operation.
(d) It shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective
the order of the Secretary of Labor and
Employment or his duly authorized representatives issued pursuant to the authority granted under this
Article, and no inferior court or entity shall issue temporary or permanent injunction or restraining order
or otherwise assume jurisdiction over any case involving the enforcement orders issued in accordance
with this Article.
(e) Any government employee found guilty of violation of, or abuse of authority under this Article shall,
after appropriate administrative investigation, be subject to summary dismissal from the service.
(f) The Secretary of Labor and Employment may by appropriate regulations require employers to keep
and maintain such employment records as may be necessary in aid of his visitorial and enforcement
powers under this Code.
Summary of Article 128
1) Power to inspect employer’s records and premises at any time of the day or night whenever
work is being undertaken, and the right to copy therefrom, to question any employee and
investigate any fact, condition or matter which may be necessary to determine violations or
which may aid in the enforcement of the Labor Code and of any labor law, wage order or rules
and regulations issued pursuant thereto.
2) Power to issue compliance orders to give effect to the labor standards provisions of this Code
and other labor legislation based on the findings of labor employment and enforcement officers
or industrial safety engineers made in the course of inspection.
3) Power to issue writs of execution to the appropriate authority for the enforcement of their
orders, except in cases where the employer contests the findings of the labor employment and
enforcement officer and raises issues supported by documentary proofs which were not
considered in the course of inspection.
4) Power to order stoppage of work or suspension of operations of any unit or department of an
establishment when non-compliance with the law or implementing rules and regulations poses
grave and imminent danger to the health and safety of workers in the workplace.
Bureau of Labor Relations (Art. 226)
Article 226. Bureau of Labor Relations.
 The Bureau of Labor Relations and the labor relations divisions in the regional offices of the
Department of Labor and Employment shall have original and exclusive authority to act, at
their own initiative or upon request of either or both parties, on all inter-union and intra-union
conflicts, and all disputes, grievances or problems arising from or affecting labor-management
relations in all workplaces whether agricultural or non-agricultural, except those arising from
the implementation or interpretation of collective bargaining agreements which shall be the
subject of grievance procedure and/or voluntary arbitration.
 The Bureau shall have fifteen (15) calendar days to act on labor cases before it, subject to
extension by agreement of the parties.
Summary of Art. 226
The BLR has original and exclusive jurisdiction over the following:
1. “Inter-union disputes” or “representation disputes” which refer to cases involving petition for
certification election filed by a duly registered labor organization which is seeking to be
recognized as the sole and exclusive bargaining agent of the rank-and-file employees in the
appropriate bargaining unit of a company, firm or establishment.
2. “Intra-union disputes” or “internal union disputes” which refer to disputes or grievances arising
from any violation of or disagreement over any provision of the constitution and by-laws of the
union, including any violation of the rights and conditions of union membership provided for in
the Labor Code.
3. All disputes, grievances or problems arising from or affecting labor-management relations in all
workplaces; except those arising from the interpretation or implementation of the CBA which
are subject of grievance procedure and/or voluntary arbitration.
National Labor Relations Commission and its Arbitration Branches (Art. 217 and 218(e))
Article 217. Jurisdiction of the Labor Arbiters and the Commission
The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
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. (As amended by Section 9, Republic Act No. 6715, March 21, 1989)
Article 218. Powers of the Commission.
The Commission shall have the power and authority:
e. To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or
to require the performance of a particular act in any labor dispute which, if not restrained or performed
forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in
favor of such party: Provided, That no temporary or permanent injunction in any case involving or
growing out of a labor dispute as defined in this Code shall be issued except after hearing the testimony
of witnesses, with opportunity for cross-examination, in support of the allegations of a complaint made
under oath, and testimony in opposition thereto, if offered, and only after a finding of fact by the
Commission, to the effect:
1) That prohibited or unlawful acts have been threatened and will be committed and will be
continued unless restrained, but no injunction or temporary restraining order shall be issued on
account of any threat, prohibited or unlawful act, except against the person or persons,
association or organization making the threat or committing the prohibited or unlawful act or
actually authorizing or ratifying the same after actual knowledge thereof;
2) That substantial and irreparable injury to complainant’s property will follow;
3) That as to each item of relief to be granted, greater injury will be inflicted upon complainant by
the denial of relief than will be inflicted upon defendants by the granting of relief;
4) That complainant has no adequate remedy at law; and
5) That the public officers charged with the duty to protect complainant’s property are unable or
unwilling to furnish adequate protection.
Such hearing shall be held after due and personal notice thereof has been served, in such manner as
the Commission shall direct, to all known persons against whom relief is sought, and also to the Chief
Executive and other public officials of the province or city within which the unlawful acts have been
threatened or committed, charged with the duty to protect complainant’s property: Provided, however,
that if a complainant shall also allege that, unless a temporary restraining order shall be issued without
notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a
temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify
the Commission in issuing a temporary injunction upon hearing after notice. Such a temporary b) Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers
restraining order shall be effective for no longer than twenty (20) days and shall become void at the (under Article 129) involving recovery of wages, simple money claims
expiration of said twenty (20) days. No such temporary restraining order or temporary injunction shall be
issued except on condition that complainant shall first file an undertaking with adequate security in an
amount to be fixed by the Commission sufficient to recompense those enjoined for any loss, expense or DOLE POLICY INSTRUCTION NO. 56-93
damage caused by the improvident or erroneous issuance of such order or injunction, including all CLARIFYING THE JURISDICTION BETWEEN VOLUNTARY ARBITRATORS AND LABOR
reasonable costs, together with a reasonable attorney’s fee, and expense of defense against the order ARBITERS OVER
or against the granting of any injunctive relief sought in the same proceeding and subsequently denied TERMINATION CASES AND PROVIDING GUIDELINES FOR THE REFERRAL OF SAID CASES
by the Commission. ORIGINALLY FILED WITH THE NLRC TO THE NCMB
In line with the policy of the Labor Code of the Philippines to promote and emphasize the primacy of
free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as
modes of settling labor of industrial disputes, the following guidelines are hereby promulgated:
The undertaking herein mentioned shall be understood to constitute an agreement entered into by the
complainant and the surety upon which an order may be rendered in the same suit or proceeding 1. Termination cases arising in or resulting from the interpretation and implementation of
against said complainant and surety, upon a hearing to assess damages, of which hearing, complainant collective bargaining agreements and of company personnel policies which were initially
and surety shall have reasonable notice, the said complainant and surety submitting themselves to the processed at the various steps of the plant-level Grievance Procedures under the parties
jurisdiction of the Commission for that purpose. But nothing herein contained shall deprive any party collective bargaining agreements fall within the original and exclusive jurisdiction of the
having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary voluntary arbitrator pursuant to Article 217 (c) and Article 261 of the Labor Code.
remedy by suit at law or in equity: Provided, further, That the reception of evidence for the application of 2. Said cases, shall be dismissed by the Labor Arbiter for lack of jurisdiction and referred to the
a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall conduct concerned NCMB Regional Branch for appropriate action towards an expeditious selection by
such hearings in such places as he may determine to be accessible to the parties and their witnesses the parties of voluntary arbitrator or panel of arbitrators based on the procedures agreed upon
and shall submit thereafter his recommendation to the Commission. (As amended by Section 10, in the CBA
Republic Act No. 6715, March 21, 1989)

Summary of Jurisdiction of the NLRC

The National Labor Relations Commission exercises two (2) kinds of jurisdiction:

1. Original jurisdiction; and

2. Exclusive appellate jurisdiction

Original Jurisdiction.

a) Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened commission
of any or all prohibited or unlawful acts or to require the performance of a particular act in any
labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable
damage to any party;
b) Injunction in strikes or lockouts under Article 264 of the Labor Code;
c) Certified labor disputes causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, certified to it by the Secretary of Labor and Employment
for compulsory arbitration.

Exclusive Appellate Jurisdiction.

a) All cases decided by the Labor Arbiters including contempt cases;

 Guidelines on the Single-Entry Approach Prescribing a 30 Days Mandatory Conciliation-
Mediation Services for all Labor and Employment and Agencies
Section 1. Guiding Principles. – The Single Entry Approach 30-day mandatory conciliation-mediation
in all regional offices shall complement the existing labor dispute settlement mechanism and processes
in the DOLE offices and attached agencies to:
(1) provide a speedy, impartial, inexpensive and accessible settlement services for unresolved
issues/complaints arising from employer-employee relations;
(2) encourage the use of conciliation-mediation in the settlement of all labor cases and only
unresolved issues shall be referred either for voluntary arbitration, if both parties so agree, or
compulsory arbitration to the NLRC or appropriate agency or office of the DOLE as the case
may be; and (3) strengthen cooperation and coordination between and among DOLE agencies
involved in dispute settlement.
Section 2. Scope and Coverage. – The Single Entry Approach 30-day mandatory conciliation-
mediation shall be applicable to cases falling under administrative and quasi-judicial functions of all
DOLE offices and attached agencies including the NLRC except:
1. Notices of strikes or lockouts, or preventive mediation cases which shall remain with
the National Conciliation and Mediation Board (NCMB); and
2. Issues arising from the interpretation or implementation of the collective bargaining
agreement and those arising from interpretation or enforcement of company
personnel policies which should be processed through the Grievance Machinery.
The 30-day conciliation-mediation services shall be made operational through
 the Single Entry Approach Desk (SEAD) either in the Regional Branch of the National
Conciliation and Mediation Board (NCMB) and in the Regional Arbitration Branch of the
National Labor Relations Commission (NLRC),
 or with the two or more regional offices/branches of the DOLE as may be determined
appropriate by the DOLE Regional Coordinating Council (RCC) based on the number of Desk
Officers and volume of cases in the region. Single Entry Approach Desk shall also be
established in all Provincial and District Offices of the DOLE.
Section 3. Definition of Terms. – The following terms as used in this Guidelines shall mean:
(a) “Single Entry Approach or SEnA”
 refers to an administrative approach to provide a speedy, impartial,
inexpensive and accessible settlement procedure of all labor issues or
conflicts to prevent them from ripening in to full blown disputes. Conciliation-
mediation process shall be utilized as immediate intervention to effect
amicable settlement among the differing parties.
(b) “Single Entry Assistance Desk Officer or Desk Officer”
 refers to person designated to provide assessment, evaluation, and
counseling services before the filing of any labor complaint or dispute.
(c) “Single Entry Assistance Desk or SEAD”
 refers to Single Entry Approach Desk established by the DOLE Regional
Coordinating Council (RCC) in the Regional Branch of the National
Conciliation and Mediation Board (NCMB) and in the Regional Arbitration
Branch of the National Labor Relations Commission (NLRC), or with two or
more regional offices/branches of the DOLE as appropriate. It also refers to
the Single Entry Approach Desk established in all Provincial and District
Offices of the DOLE.
(d) “Referral”
 refers to the document issued by the Desk Officer referring the unresolved
issue/s to the appropriate DOLE Office or Agency that has jurisdiction over
the dispute. It contains the names and addresses of the parties, the
stipulated and admitted facts, summary of unresolved issues, causes of
action and the relief sought without prejudice to amendments on the
complaint by the parties before the Office or Agency having jurisdiction over
the dispute.
(e) “30-day mandatory conciliation-mediation period”
 refers to 30 calendar days within which to conduct the mandatory
conciliation-mediation period.
Section 4. Who may file.
 Any aggrieved worker, union, group of workers or the employer may file a request for
assistance.
Section 5. Where to file.
 The request for assistance may be filed at any SEAD in the region where the employer
principally operates. In case of a union or federation representing a local chapter, the request
shall be made at the regional/provincial/district office where the union or local chapter is
registered.
Section 6. Issues Subject of the 30-day Mandatory Conciliation-Mediation.
 Except as expressly excluded herein, all issues arising from labor and employment shall be
subject to the 30-day mandatory conciliation-mediation, which may include the following:
a) termination or suspension of employment issues;
b) Claims for any sum of money, regardless of amount;
c) Intra-union and inter-union issues, after exhaustion of administrative remedies;
d) Unfair Labor Practice;
e) Closures, retrenchments, redundancies, temporary lay-offs;
f) OFW cases; and
g) Any other claims arising from employer-employee relationship.
 Section 10. Settlement Agreement.

Section 7. Receiving and Recording.  In case of voluntary settlement,

o the Desk Officer shall reduce the agreement
 All requests for assistance, wherever filed, shall be reduced into writing using SEAD Entry  into writing,
Form No. 1, which will be filled-up by the requesting party with the assistance of the Receiving  have the parties understand the contents thereof,
Clerk.  sign the same in his/her presence,
 The SEAD shall have a separate recording and monitoring data system and shall maintain a  and attest the document to be true and voluntary act of the parties.
separate logbook for this purpose. SEAD matters per region per province or district shall be o Any settlement agreement reached by the parties before the Desk
numbered chronologically. The Desk Officer shall cause the entry of a request for assistance in Officer shall be final and binding.
the logbook provided for this purpose. The entry should indicate the following:  In case of partial settlement and/or partial execution of certain issues, all unresolved issues
shall be referred pursuant to Section 15.
a) Reference number;
b) Date of filing; Section 11. Monitoring and Enforcement of the Settlement Agreement.
c) Name and address of requesting party/s;
d) Pendency of similar or related cases;  The Desk Officer shall monitor the voluntary and faithful compliance with the Agreement by
e) Nature and subject of the grievance/request; and causing the parties to make a report of compliance or non-compliance within two weeks from
f) Disposition. the date of agreement or agreed period of compliance.
o Failure of the parties to make a report within the prescribed period shall render the
 Upon receipt of SEAD Form No. 1, the Desk Officer shall record the request as SEAD (Name Agreement deemed duly complied with absent proof to the contrary.
Regional Office)-(Province Field Office/District)-(No. of Request under the Region)-(Month)-
(Year).  In case of non-compliance by the other party, the Agreement shall be endorsed by the Desk
Officer to the NLRC for enforcement.
Section 8. Assignment and Handling. –
Section 12. Limitations in the Conduct of Conciliation Meetings and Appearance of Parties.
a) Upon receipt of the complaint or request for conciliation-mediation services, the designated Unless the parties agree otherwise, conciliation-mediation services shall be carried out and terminated
Desk Officer shall within the prescribed 30-day period.
a. initiate a pre-conference assessment, evaluation, counseling and conciliation-
mediation services.  The parties are required to appear at all times.
b) In regions or offices where there are more than one designated Desk Officers, the request o Lawyers may be allowed to join the conference only to render advice to parties.
shall  Failure of the complaining party to appear in two (2) scheduled meetings shall result in the
a. immediately be raffled by the Agency Head or Head of Office for assignment and issuance of Referral to the appropriate DOLE Office or Agency that has jurisdiction over the
conduct of pre-conference assessment, evaluation, counseling and conciliation- dispute.
mediation services on the same day of receipt thereof. o In case of non-appearance of the employer or the party complained of despite due
notice, the complaining party may request for the issuance of the
Section 9. Conduct of Conciliation-Mediation. o Referral or for a re-setting of the conciliation-mediation conference at any day within
the 30-day period.
 The Desk Officer shall exert best efforts to assist the parties arrive at a settlement. In
facilitating the conciliation meeting, he/she shall: Section 13. Pre-termination of the 30-day Mandatory Conciliation-Mediation Proceedings; Option
for Voluntary/Compulsory Arbitration.
a) Clarify the issues and narrow down the disagreements;
b) Validate the positions and the relief sought;  Any or both parties within the 30-day period,
c) Encourage parties to generate options and enter into stipulations; o may pre-terminate the proceedings and request Referral to the appropriate DOLE
d) Offer proposals and options toward mutually acceptable solutions and voluntary Office or Agency which has jurisdiction over the dispute, or if both parties so agree,
settlement. refer the unresolved issues to voluntary arbitration.
Section 14. Non-Settlement. Section 21. National Conciliation and Mediation Board (NCMB).

 In case of failure to reach an agreement within the 30-day mandatory conciliation-mediation  Conciliation-mediation services on notices of strikes or lock-outs, or on preventive mediation
period, cases shall
o the Desk Officer shall issue a Referral to the appropriate DOLE Agency or Office o remain with the National Conciliation and Mediation Board (NCMB) and are excluded
which has jurisdiction over the dispute, or if both parties so agree, refer the from the scope and coverage of this issuance.
unresolved issues to voluntary arbitration.
Section 22. Grievance Machinery and Voluntary Arbitration. –
Section 15. Contents of the Referral.
 Issues arising from the interpretation or implementation of the collective bargaining agreement
 The Referral must contain and those arising from interpretation or enforcement of company personnel policies shall not
o the names and addresses of the parties, be subject to the 30-day mandatory conciliation mediation.
o summary of unresolved issues,  It shall be processed through the grievance machinery as established in the collective
o causes of action and bargaining agreement or pursuant to Sections 1 and 2, Rule XIX of Department Order No. 40,
o the relief sought without prejudice to amendments on the complaint by the parties Series of 2003, as amended, and all unresolved grievance or issues shall be submitted to
before the Office or Agency having jurisdiction over the dispute. voluntary arbitration.
 For voluntary arbitration, the Referral should specify the issues to be arbitrated.

Section 16. Issuance of the Referral.

 The Desk Officer shall issue the Referral on the date of termination of the conciliation-
mediation services either motu-proprio, in instances provided in Sections 12 and 14, or upon
request of any or both parties to the proceedings.
o Failure of the Desk Officer to observe the period to issue the Referral shall be dealt
with accordingly as an administrative offense.
Section 17. Confidentiality of Proceedings.
 Information and statements given in confidence at the conciliation-mediation proceedings shall
be treated as privileged communication and shall not be used as evidence in any arbitration
proceedings,
o except the stipulation of facts voluntarily entered into by the parties pursuant to
Section 9(c) hereof.
 The Desk Officer shall not be required to testify in any court or body regarding any confidential
matter and information taken during the conciliation proceedings conducted by them.
Section 23. Regional Coordinating Council (RCC).
 The RCC shall immediately establish the SEAD.
 At the regional level,
o the SEAD shall be established in the Regional Branch of the NCMB and in the
Regional Arbitration Branch of the NLRC, or with two or more regional
offices/branches of the DOLE as it may deem appropriate based on the number of
Desk Officers and volume of cases in the region.
 However, at the provincial and district levels, only one SEAD shall be established in every
Provincial and District Offices of the DOLE.
The RCC shall ensure tripartite participation in the establishment of the SEAD and in the effective
implementation of this Guidelines.

Section 18. Submission of Report.

 Each Single Entry Assistance Desk shall maintain a standard data-banking system and shall
maintain records of settled requests that shall be posed in the agency/office website.
o A Monthly Report of SEAD incidence

Section 20. Public Assistance Conciliation Unit (PACU) and Free Legal Assistance and Voluntary
Arbitration Services (FLAVAS).

 The services rendered through the Legal Service’s Public Assistance and Conciliation Unit
(PACU) and the NCMB Free Legal Assistance and Voluntary Arbitration Services (FLAVAS)
shall form part of the Single Entry Approach.
 DOLE Rules of Procedure (Feb 25, 2011) j) Cases falling under the administrative and quasi-judicial jurisdiction of all DOLE
offices and attached agencies, including NLRC, except:
SECTION 2. DEFINITION OF TERMS. – For purposes of this Rules, the following terms are defined as i. Alien Employment Permit (AEP);
follows: ii. PRPA authority or license;
iii. Working child permit (WCP) and violations of RA 9231 (Anti -Child
a) “Conciliation-Mediation”
Labor Law);
a. refers to the process of dispute management conducted by the SEADO, in
iv. Registration under DO No. 18-02;
accordance with this Rules, to facilitate an amicable settlement of labor disputes.
v. POEA issued licenses under the Migrant Worker’s Act, as amended;
vi. Professional license issued by the PRC;
b) “Labor Dispute”
vii. vii. TESDA accreditations; and
a. refers to all issues or conflicts that are covered by this Rules.
viii. viii. Other similar permits, licenses or registrations issued by the
DOLE or its attached agencies.
c) “Referral”
a. refers to the indorsement of unsettled issues through a document issued by the RULE II
SEAD referring the unresolved issue/s to appropriate DOLE Office or Agency that has
jurisdiction over the dispute. It contains the names and addresses of the parties, the REQUEST FOR ASSISTANCE (RFA)
stipulated and admitted facts, summary of unresolved issues, causes of action and
the relief sought without prejudice to amendments on the complaint by the parties SECTION 1. WHERE TO FILE.
before the Office or Agency having jurisdiction over the dispute.
 The request for assistance shall be filed at any SEAD or unit in the
region/provincial/district/field office where the employer principally operates.
d) “Request for Assistance (RFA)”
o In case of a union or federation representing a local chapter, the request shall be
a. refers to the request for the conduct of conciliation-mediation under SEnA to assist
made at the regional/provincial/district/field office where the union or local chapter is
the parties to arrive at a settlement agreement.
registered.
 Where two or more RFAs involving the same responding party are filed before different SEADs
e) “Requesting Party”
within the same region, the requests shall be endorsed to the SEAD where the employer
a. refers to an employee, group of employees, employer or union who files an RFA.
principally operates or where the union/local chapter is registered, as the case may be.
o If the request for assistance is filed with the SEAD most convenient to the requesting
f) “Responding Party”
party but outside the region where the employer principally operates, the SEADO may
a. refers to an employee, group of employees, employer or union requested to appear
entertain the same and proceed with the conciliation-mediation provided the same is
for conciliation-mediation under SEnA.
not objected to by the employer. In case of objection, the SEADO shall immediately
refer the request to the appropriate agency.

SECTION 3. COVERAGE. – As far as practicable, this Rules shall be applicable to the following: SECTION 2. EVALUATION, RECEIPT, DOCKETING OF RFA AND INITIAL CONFERENCE. -

a) Termination or suspension of employment issues; a) Any employee or group of employees, employer or union who comes for assistance shall be
b) Claims for any sum of money, regardless of amount; interviewed for evaluation purposes and shall be advised of the objectives and procedures of the SEnA
c) Intra-union and inter-union issues except petition for certification election, after Program.
exhaustion of administrative remedies;
b) After the interview, the employee or group of employees, employer or union who comes for
d) Unfair Labor Practice;
assistance may accomplish the required RFA Form with SEADO assistance. The SEADO shall make
e) Closures, retrenchments, redundancies, temporary lay-offs;
an entry thereof in the SEnA Logbook indicating the following:
f) OFW cases;
g) Occupational safety and health standards issues except those involving imminent i. reference number;
danger situation; ii. date of filing;
h) Issues arising from other labor and related issuances (ORLI) iii. names and addresses of requesting and responding parties;
i) Any other claims arising from employer-employee relationship; and iv. pendency of similar or related cases;
v. nature and subject of the grievance/request;
vi. disposition
 RULE III

c) After which, the SEADO shall assign a docket number using the following format: THE SINGLE ENTRY APPROACH DESK OFFICERS (SEADO)

a) SEAD (Name Regional Office)-(Province/Field/District Office)-(No. of Request under SECTION 1. DUTIES AND RESPONSIBILITIES. – The SEADO shall exert best efforts to assist the
the Region)-(Month) - (Year). parties arrive at a settlement. In facilitating the conciliation meeting, he/she shall:
b) Ex. SEAD RONA-LAG-01-12-07, SEAD ROIVA-NLRC-RAB-01-10-10
a) Clarify the issues and narrow down the disagreements;
d) The SEADO assigned to handle the RFA shall immediately schedule the initial conference b) Validate the positions and the relief sought;
c) Encourage parties to generate options and enter into stipulations;
d) Offer proposals and options toward mutually acceptable solutions and voluntary settlement;
SECTION 3. NOTICE OF CONFERENCE. and
e) Facilitate the preparation of the settlement documents.
Using the SEnA Notice Form, the SEADO may utilize any of the following modes of service of notice:

a) Personal;
SECTION 2. NORM AND CONDUCT. – The SEADO must at all times conduct him/herself with utmost
b) Registered mail;
courtesy and in an upright manner whose first and primary duty is to implement the provisions of
c) Electronic mail;
Department Order No. 107, Series of 2010, taking into consideration the following guiding principles:
d) Courier;
e) Facsimile; or a) Provision of speedy, impartial, inexpensive and accessible settlement services; and
f) Any other fast, economical and effective mode of notifying the parties taking into consideration
the prevailing circumstances within the SEADO’s area or responsibility. b) Promotion of the use of conciliation-mediation as the primary mode in the settlement of all labor
cases with only unresolved issues for referral to either voluntary arbitration, if both parties so agree, or
SECTION 4. COMPLAINT/REQUEST FOR ASSISTANCE THROUGH LETTER. compulsory arbitration to the National Labor Relations Commission (NLRC) or appropriate agency or
office of the DOLE, as the case may be.
 Where a complaint/request for assistance is accounted through a letter, e-mail or referral, the
Head of Office shall respond by explaining the procedures of the SENA Program and require RULE IV
the personal appearance of the complainant to the SEAD pursuant to the provision of Section
1, Rule II. CONDUCT OF CONCILIATION-MEDIATION

SECTION 1. SCHEDULE OF CONFERENCES. –

SECTION 5. ANONYMOUS COMPLAINT/REQUEST.
 In case of anonymous complaint/request for assistance, the SEADO shall verify the same by
requesting an interview with the responding party to facilitate compliance or correction if there
are violations.
 Refusal or non-appearance of the responding party on the scheduled interview would
automatically result to a directive by the Head of Office to conduct inspection in the
establishment. Compliance or correction of violations uncovered during the inspection shall be
facilitated through conciliation-mediation services.
a) The SEADO may hold as many conferences he/she deems necessary within the 30-day
mandatory conciliation-mediation period to facilitate a settlement agreement.
b) The resetting of the scheduled conference shall only be allowed on meritorious grounds and if
the other party concurred to the resetting. In such a case, the conference shall be held not
later than three (3) days from the original scheduled conference, and
c) The 30-day period may be extended for only a maximum of seven (7) days when the parties
mutually agree to such extension.
SECTION 2. SEnA GUIDING PRINCIPLES IN LABOR STANDARDS AND INTER-INTRA UNION
CASES.
 Conciliation-mediation services by the SEADO in labor standards and inter-intra union cases
shall observe the following guiding principles:
a) In labor standards, including occupational safety and health standards issues, the
conciliation-mediation services shall be towards facilitating an expeditious and non-
litigious compliance by the responding party and ensuring the implementation of corrective
measures on the identified violations in the establishment.
b) In inter-intra union issues, the conciliation-mediation services shall be towards facilitating
a settlement or an agreed expeditious process to resolve the issue/s. It should not in any
way be made as an added layer to the periods set forth in Department Order No. 40,
Series of 2003, as amended.
SECTION 3. APPEARANCE OF PARTIES. –
a) The parties, as far as practicable, shall personally appear at all times.
b) Lawyers may be allowed to join the conference only to render advice to their clients.
c) Lawyers, agents or attorneys-in-fact may appear in behalf of any of the parties provided they
could show a special power of attorney granting them authority to represent and enter into a
binding agreement for their principal.
SECTION 4. PRE-TERMINATION OF THE 30-DAY MANDATORY CONCILIATION-MEDIATION
PROCEEDINGS.
Any or both parties, within the 30-day period, may or cause to pre-terminate the proceedings by:
a) Verbal or written withdrawal by the requesting party;
b) Withdrawal due to disinterest caused by non-appearance of the requesting party in two (2)
scheduled consecutive conferences despite due notice;
c) Request for Referral by the requesting party to the appropriate DOLE Office or Agency which
has jurisdiction over the dispute;
d) Non-appearance of the responding party in two (2) scheduled consecutive conferences despite
due notice; or
e) Non-submission/resistance of the responding party to conciliation-mediation.
SECTION 5. TERMINATION OF SEnA PROCEEDINGS.
Any of the following shall render the SEnA proceedings closed and terminated:
1) Pre-termination of the 30-day mandatory conciliation-mediation proceedings as defined in
Section 4 hereof;
2) Expiration of the 30-day mandatory period unless both parties mutually request for extension;
or
3) Upon compliance with the settlement agreement as defined in the succeeding Section.
SECTION 6. COMPLIANCE WITH SETTLEMENT AGREEMENT.
 Upon full compliance of the settlement agreement, the SEnA proceeding is automatically
terminated.
 Any of the party may submit a written report of non-compliance by the other within two (2)
weeks from the date of agreement or agreed period of compliance. The absence of the same
shall render the settlement agreement deemed duly complied with absent of proof to the
contrary.
SECTION 7. ISSUANCE OF REFERRAL. – The Referral shall be issued without delay on the date of
the termination of the conciliation-mediation services to the party who filed the RFA. The Referral shall
be submitted to the appropriate DOLE office or agency named therein, or to voluntary arbitration, if both
parties so agree to submit their unresolved issues, as compliance to the 30-day mandatory conciliation-
mediation process.
The issuance of the Referral shall be motu proprio on the part of the SEADO in the following
circumstances:
a) Expiration of the 30-day mandatory conciliation-mediation period, unless there is a request for
extension;
b) Failure of the parties to reach an agreement within the 30-day mandatory conciliation-
mediation period; or
c) Failure of the requesting party to appear in two (2) scheduled consecutive conferences despite
due notice.
However, in case of pre-termination of the proceedings, the issuance of the Referral shall be upon the
request of any of both parties.
Delay in the issuance of the Referral by the SEADO shall be dealt with accordingly as an administrative
offense.
SECTION 8. CONTENTS OF REFERRAL.
The Referral must contain the names and addresses of the parties, summary of unresolved issues,
causes of action and the relief sought without prejudice to amendments on the complaint by the parties
before the Office or Agency having jurisdiction over the dispute. For voluntary arbitration, the Referral
should specify the issues to be arbitrated.
  Where the parties entered into a compromise of monetary claims arising from violation of labor
standards law, the amount of the compromise shall be fair and reasonable, and not contrary to
SECTION 9. CONFIDENTIALITY OF PROCEEDINGS; MINUTES. – law, public morals and public policy.
a) Information and statements given in confidence at the conciliation-mediation proceedings shall be  The fairness/reasonableness of settlement agreements shall depend on the totality of the
treated as privileged communication and shall not be used as evidence in any arbitration proceedings, circumstances, the degree of voluntariness and credibility of the consideration.
except:  The insistence of the requesting party to accept a given amount despite having knowledge of
his/her rightful claims shall give rise to the presumption of absence of fraud, violence or
1) Stipulation of facts which form part of the settlement in accordance with Rule V hereof; coercion and his/her voluntariness to accept the settlement agreement
2) Facts which are of common knowledge; or  The foregoing circumstances shall be fully disclosed in the settlement agreement.
3) Waiver of confidentiality

b) Any contents appearing in the minutes of the proceedings (SENA Minutes Form) or personal notes
taken by the SEADO or the parties during the proceedings are subject to the limitations provided under
paragraph (a).
c) Voice or video recorders or any electronic recording device shall be prohibited during the
proceedings.
RULE V
SETTLEMENT OF DISPUTE
SECTION 1. SETTLEMENT AGREEMENT. –
a) In case of voluntary settlement, the SEADO shall reduce the agreement into writing using the
SENA Settlement Form, indicating all stipulations agreed upon by the parties.
b) Where the settlement agreement involves monetary claims, the SEADO shall endeavor to
facilitate the settlement in full and shall attach a duly accomplished waiver and quitclaim to the
settlement agreement as proof of full compliance
c) Where the payment of monetary claims is agreed to be in several installments or tranches, the
waiver and quitclaim shall be executed only upon payment of the last installment.
d) In case of partial settlement, only those stipulations relating to issues settled shall be stated in
the agreement while the unresolved issues shall be referred to appropriate DOLE Office or
Agency.
e) The SEADO shall, as far as practicable, make us of the language or dialect understood by
both parties.
f) The SEADO is duty bound to explain to the parties the contents of their settlement agreement
before they sign the same. He/she shall also sign the settlement agreement in the parties’
presence and attest the document to be the true and voluntary act of the parties.
SECTION 2. EFFECT OF SETTLEMENT.
 Any settlement agreement reached by the parties before the SEADO shall be final and binding.
SECTION 4. MONITORING AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT.
 The SEADO shall monitor the voluntary and faithful compliance with the settlement agreement
by requiring the parties to submit, under oath, a written report of compliance or non-
compliance within two (2) weeks from the date of agreement or agreed period of compliance.
o A copy of the settlement agreement shall be submitted to the appropriate
office/agency having jurisdiction over the issue/s therein.
 Where the settlement agreement or part thereof involves payment of monetary claims, the
same shall be made in the SEAD and in the presence of the SEADO.
 In case of report of “settlement for a show” or where the settlement amount is reported to have
been retrieved or confiscated by the responding party, both parties shall be summoned by the
Head of Office where the settlement was effected.
o The Head of Office shall verify the report and should there be prima facie proof that
the settlement was for a show, the responding party shall be required to pay the
requesting party the full settlement amount with legal interest reckoned from the date
of settlement.
SECTION 5. RETALIATORY ACTION.
 Any retaliatory action/s against the requesting party by the responding party shall be strictly
construed against the responding party.
SECTION 6. NON-COMPLIANCE WITH SETTLEMENT AGREEMENT; EXECUTION.
 In case of non-compliance by the responding party, the requesting party has the option to
disregard the settlement agreement and file the appropriate case before the appropriate forum,
or enforce the terms of the agreement. In case of the latter, he/she shall request a Referral
from the SEADO to the proper Regional Arbitration Branch (RAB) of the NLRC for enforcement
of the agreement pursuant to Rule V, Sec. 1 (i) of the 2005 Revised NLRC Rules, as
amended. The same shall be docketed by the RAB as an arbitration case for enforcement of
settlement agreement.

 Upon agreement of the parties, or when the cause of action is within the jurisdiction of the
Office/Agency where the SEAD is lodged, the appropriate DOLE Office/Agency may execute
the settlement agreement.
SECTION 3. SETTLEMENT AGREEMENTS ON MONETARY CLAIMS.
 RA 10396
(Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor
Cases, Amending 228)
ART. 228. Mandatory Conciliation and Endorsement of Cases. –
a) Except as provided in Title VII-A, Book V of this Code, as amended, or as may be excepted by
the Secretary of Labor and Employment, all issues arising from labor and employment shall be
subject to mandatory conciliation-mediation. The labor arbiter or the appropriate DOLE agency
or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases
by the duly authorized officer.
b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation
proceedings and request referral or endorsement to the appropriate DOLE agency or office
which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues
to voluntary arbitration.
Complaint
SECTION 1 Rule III. COMPLAINT. –
a) A complaint or petition is a pleading alleging the cause or causes of action of the complainant
or petitioner. 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.
Cause of Action
SECTION 1 Rule III. COMPLAINT.
b) 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.
Real parties-in-interest
SECTION 2. CAPTION AND TITLE. –
 In all cases filed with the Commission or with any of its Regional Arbitration Branches, the
party initiating the action shall be called the "Complainant" or "Petitioner", and the opposing
party the "Respondent".
 The full names of all the real parties in interest, whether natural or juridical persons or
entities authorized by law, shall be stated in the caption of the complaint or petition, as well as
in the decisions, resolutions or orders of the Labor Arbiter or the Commission
Amendment of complaint
SECTION 11. AMENDMENT OF COMPLAINT/PETITION.
 An amended complaint or petition may be filed before the Labor Arbiter at any time before the
filing of position paper, with proof of service of a copy thereof to the opposing party/ies. If the
amendment of the complaint or petition involves impleading additional respondent/s, service of
another summons in accordance with Section 3 hereof is necessary to acquire jurisdiction over
the person of the said respondent/s. (En Banc Resolution No. 11-12, Series of 2012)
 No amendment of the complaint or petition shall be allowed after the filing of position papers,
unless with leave of the Labor Arbiter (Rule III, Section 11(b), 2011 NLRC Rules) Found in
spectra notes but NOT SURE IF THIS IS STILL INCLUDED IN THE 2014 version
Certificate of non-forum shopping
SECTION 1. COMPLAINT. –
a) A complaint or petition is a pleading alleging the cause or causes of action of the complainant
or petitioner. 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
SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. –
 A preliminary injunction or restraining order may be granted by the Commission through its
Divisions pursuant to the provisions of paragraph (e) of Article 218 of the Labor Code, as
amended, when it is established on the basis of the sworn allegations in the petition that the
acts complained of involving or arising from any labor dispute before the Commission, which, if
not restrained or performed forthwith, may cause grave or irreparable damage to any party or
render ineffectual any decision in favor of such party.
 A certification of non-forum shopping shall accompany the petition for injunction
SECTION 4. REQUISITES OF THE PETITION.
The petition filed under this Rule shall:
a) be accompanied by a clear original or certified true copy of the order or resolution assailed,
together with clear copies of documents relevant or related to the said order or resolution for
the proper understanding of the issue/s involved
b) contain the arbitral docket number and appeal docket number, if any;
c) state the material date showing the timeliness of the petition;
d) be verified by the petitioner himself/herself in accordance with Section 4, Rule 7 of the Rules
of Court, as amended;
e) be in the form of a memorandum which shall state the ground/s relied upon, the argument/s in
support thereof and the reliefs prayed for;
f) be in three (3) legibly written or printed copies; and
g) be accompanied by:
a. certificate of non-forum shopping;
b. proof of service upon the other party/ies and the Labor Arbiter who issued the order
or resolution being assailed or questioned; and
c. proof of payment of the required fees.
NOTE: Petition referred here is Verified Petition under Rule XII Extraordinary Remedies, filed by party
aggrieved by any order or resolution of the Labor Arbiter including those issued during execution
proceedings may file a verified petition to annul or modify such order or resolution. The petition may be
accompanied by an application for the issuance of a temporary restraining order and/or writ of
preliminary or permanent injunction to enjoin the Labor Arbiter, or any person acting under his/her
authority, to desist from enforcing said resolution or order – Section 1 Rule XII)
Venue and Jurisdiction (Art. 129 and Art. 217)
SECTION 1. VENUE.
a) All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional
Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner.
For purposes of venue, the workplace shall be understood as the place or locality where the
employee is regularly assigned at the time the cause of action arose. It shall include the place
where the employee is supposed to report back after a temporary detail, assignment, or travel.
In case of field employees, as well as ambulant or itinerant workers, their workplace is where
they are regularly assigned, or where they are supposed to regularly receive their salaries and
wages or work instructions from, and report the results of their assignment to, their employers.
b) Where two (2) or more Regional Arbitration Branches have jurisdiction over the workplace of
the complainant or petitioner, the Branch that first acquired jurisdiction over the case shall
exclude the others.
c) When venue is not objected to before the first scheduled mandatory conference, such issue
shall be deemed waived. (As amended by En Banc Resolution No. 11-12, Series of 2012)
d) The venue of an action may be changed or transferred to a different Regional Arbitration
Branch other than where the complaint was filed by written agreement of the parties or when
the Commission or Labor Arbiter before whom the case is pending so orders, upon motion by
the proper party in meritorious cases.
e) Cases involving overseas Filipino workers may be filed before the Regional Arbitration Branch
having jurisdiction over the place where the complainant resides or where the principal office of
any of the respondents is situated, at the option of the complainant.
SECTION 1. 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) (g)Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
pursuant to Republic Act No. 6727;
h) (h)Enforcement of compromise agreements when there is noncompliance by any of the parties
pursuant to Article 227 of the Labor Code, as amended;
i) (i)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 as provided by Section 10 of RA 8042, as amended by
RA 10022; and
j) (j)Other cases as may be provided by law.
 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.
Jurisdiction over Money Claims of Regional Director (Article 129)
 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 house helper under this
Code, arising from employer-employee relations: Provided, That such complaint does not
include a claim for reinstatement: Provided further, That the aggregate money claims of each
employee or house helper 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
Money Claims of OFW (RA 8042, RA 9422 and RA 10022)
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
SEC. 10. Money Claims. –
 Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC)
o shall have the original and exclusive jurisdiction to hear and decide, within ninety (90)
calendar days after the filing of the complaint, the claims arising out of an 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
damage. Consistent with this mandate, the NLRC shall endeavor to update and keep
abreast with the developments in the global services industry.
 The liability of the principal/employer and the recruitment/placement agency for any and all
claims under this section shall be joint and several.
o This provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval.
 The performance bond to de filed by the recruitment/placement agency, as provided by law,
shall be answerable for all money claims or damages that may be awarded to the workers.
o If the recruitment/placement agency is a juridical being, the corporate officers and
directors and partners as the case may be, shall themselves be jointly and solidarily
liable with the corporation or partnership for the aforesaid claims and damages.
 Such liabilities shall continue during the entire period or duration of the employment contract
and shall not be affected by any substitution, amendment or modification made locally or in a
foreign country of the said contract.
 Any compromise/amicable settlement or voluntary agreement on money claims inclusive of
damages under this section shall be paid within thirty (30) days from approval of the settlement
by the appropriate authority.
 In case of termination of overseas employment without just, valid or authorized cause as
defined by law or contract, or any unauthorized deductions from the migrant worker's salary,
the worker shall be entitled to the full reimbursement if his placement fee and the deductions
made with interest at twelve percent (12%) per annum, plus his salaries for the unexpired
portion of his employment contract or for three (3) months for every year of the unexpired term,
whichever is less.
 In case of a final and executory judgment against a foreign employer/principal,
o it shall be automatically disqualified, without further proceedings, from participating in
the Philippine Overseas Employment Program and from recruiting and hiring Filipino
workers until and unless it fully satisfies the judgement award.
 Noncompliance with the mandatory periods for resolutions of case provided under this section
shall subject the responsible officials to any or all of the following penalties:
o The salary of any such official who fails to render his decision or resolution within the
prescribed period shall be, or caused to be, withheld until the said official complies
therewith;
o Suspension for not more than ninety (90) days; or
o Dismissal from the service with disqualification to hold any appointive public office for
five (5) years.
 Provided, however, That the penalties herein provided shall be without prejudice to any liability
which any such official may have incurred under other existing laws or rules and regulations as
a consequence of violating the provisions of this paragraph.
Service of Summons
SECTION 4. SERVICE OF SUMMONS. –
 Summons shall be served personally upon the parties by the bailiff or a duly authorized public
officer within three (3) days from his/her receipt thereof, or by registered mail, or by courier
authorized by the Commission: Provided that, in special circumstances, service of summons
may be effected in accordance with the pertinent provisions of the Rules of Court.
 The bailiff or officer serving the summons shall submit his/her return within two (2) days from
date of service thereof, stating legibly in his/her return his/her name, the names of the persons
served and the date of receipt, which return shall be immediately attached to the records and
shall be part thereof. If no service was effected, the reason thereof shall be stated in the return.
Natural and juridical persons
 Only natural or juridical persons, or entities authorized by law may be parties in a civil action.
The term "plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or
the third (fourth, etc.) party plaintiff. The term "defendant" may refer to the original defending
party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) party
defendant. (Rule 3, Section 1, Rules of Court)
 Mode of services of notices, Resolution, Order of decision Summary of Section 4 (taken from Spectra)

SECTION 4 Rule III. SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. – Notices and copies of resolutions or orders:

a) Notices and copies of resolutions or orders shall be served personally upon the parties by the a) personally upon the parties by the bailiff or duly authorized public officer within 3 days from his
bailiff or duly authorized public officer within three (3)days from his/her receipt thereof or by receipt thereof; or
registered mail or by courier authorized by the Commission. (As amended by En Banc b) by registered mail; or
Resolution No. 05-14, Series of 2014) c) private courier

b) In case of decisions and final awards, copies thereof shall be served on both parties and their
counsel or representative by personal service, by registered mail or by courier authorized by
the Commission: Provided that, in cases where a party to a case or his/her counsel on record
personally seeks service of the decision upon inquiry thereon, service to said party shall be
deemed effected as herein provided. Where parties are numerous, service shall be made on
counsel and upon such number of complainants, as may be practicable and shall be
considered substantial compliance with Article 224 (a) of the Labor Code, as amended. (As
amended by En Banc Resolution No. 05-14, Series of 2014)
For purposes of appeal, the period shall be counted from receipt of such decisions,
resolutions, or orders by the counsel or representative of record.
c) The bailiff or officer serving the notice, order, or resolution shall submit his/her return within two
(2) days from date of service thereof, stating legibly in his/her return his/her name, the names
of the persons served and the date of receipt, which return shall be immediately attached and
shall form part of the records of the case. In case of service by registered mail or by courier
authorized by the Commission, the name of the addressee and the date of receipt of the
notice, order or resolution shall be written in the return card or in the proof of service issued by
the private courier. If no service was effected, the reason thereof shall be so stated. (6a)(As
amended by En Banc Resolution No. 05-14, Series of 2014)
Decisions and final awards:
a) copies shall be served on both parties and their counsel or representative by registered mail;
or
b) private courier.
Provided:
 In cases where a party to a case or his counsel personally seeks service of the decision upon
inquiry thereon, service to said party shall be deemed effected
 Where parties are numerous, service shall be made on counsel and upon such number of
complainants, as may be practicable and shall be considered substantial compliance with Art.
224 (a) of the Labor Code
 Appeal – the period shall be counted from the receipt of such decisions, resolutions, or orders
by the counsel or representative of record
Duty of the Bailiff or Officer Serving the Notice, Order or Resolution
Submit his return within 2days from date of service thereof, stating legibly in his return:

1) His name
2) Names of the persons served; and
3) the date of receipt, which return shall be immediately attached and shall form part of the
records of the case

In case of service by registered mail or private courier – (1) name of the addressee and (2) date of
receipt of notice, order or resolution shall be written in the (3) return card or in the proof of service
issued by the private courier. If no service was effected, the reason thereof shall be stated

SECTION 5 Rule III. PROOF AND COMPLETENESS OF SERVICE.

 The return is prima facie proof of the facts indicated therein. Service by registered mail or by
courier authorized by the Commission is complete upon receipt by the addressee or his/her
agent. If the addressee fails to claim his/her mail from the post office within five (5) days from
the date of first notice of the postmaster, service shall take effect after such time. (7a)(As
amended by En Banc Resolution No. 05-14, Series of 2014
 Raffle and assignment of cases
SECTION 2 Rule IV. RAFFLE AND ASSIGNMENT OF CASES. –
a) All complaints and petitions filed with the docket unit of the Regional Arbitration Branch shall
be immediately raffled and assigned to a Labor Arbiter from receipt thereof.
b) The Executive Labor Arbiter shall be responsible for the immediate raffle and assignment of all
complaints and petitions filed with his/her Regional Arbitration Branch, and the immediate
forwarding of all subsequent pleadings and motions.
c) All pleadings and motions subsequent to the filing of the complaint shall be forwarded to the
Labor Arbiter before whom the case is pending within twenty-four (24) hours from receipt
thereof.
Appearance of lawyers and non-lawyers (Art. 222)
Article 222. Appearances and Fees. –
3) he/she represents a member or members of a legitimate labor organization that is existing
within the employer’s establishment, who are parties to the case: Provided that, he/she
presents:
a. (i) a verified certification attesting that he/she is authorized by such member or
members to represent them in the case; and
b. (ii) a verified certification issued by the secretary and attested to by the president of
the said organization stating that the person or persons he/she is representing are
members of their organization which is existing in the employer’s establishment; and
4) he/she is a duly-accredited member of any legal aid office recognized by the Department of
Justice or Integrated Bar of the Philippines: Provided that, he/she
a. (i) presents proof of his/her accreditation; and
b. (ii)represents a party to the case;
(c) Appearances of a non-lawyer in contravention of this section shall not be recognized in any
proceedings before the Labor Arbiter or the Commission.

Non-lawyers may appear before the Commission or any Labor Arbiter only:
If they represent themselves; or
If they represent their organization or members thereof.
No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining
agreement shall be imposed on any individual member of the contracting union: Provided, However,
that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties.
Any contract, agreement or arrangement of any sort to the contrary shall be null and void. (As amended
by Presidential Decree No. 1691, May 1, 1980)
(d) Appearances may be made orally or in writing. In both cases, the complete name and office address
of counsel or authorized representative shall be made of record and the adverse party or his counsel or
authorized representative properly notified.
(e) In case of change of address, the counsel or representative shall file a notice of such change, copy
furnished the adverse party and counsel or representative, if any.
(f) Any change or withdrawal of counsel or authorized representative shall be made in accordance with
the Rules of Court. (8a)
(g) A corporation or establishment which is a party to the case may be represented by the owner or its
president or any other authorized person provided that, he/she presents:

SECTION 6. APPEARANCES.
a) A lawyer appearing for a party is presumed to be properly authorized for that purpose. In every case,
he/she shall indicate in his/her pleadings and motions his/her Attorney’s Roll Number, as well as his/her
PTR and IBP numbers for the current year and MCLE compliance.
(b) A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only
under the following conditions:
(i) a verified certification attesting that he/she is authorized to represent said corporation or
establishment; and
(ii) a copy of the resolution of the board of directors of said corporation, or other similar
resolution or instrument issued by said establishment, granting him/her such authority. (6a) (As
amended by En Banc Resolution No. 11-12, Series of 2012)

1) he/she represents himself/herself as party to the case;

2) he/she represents a legitimate labor organization, as defined under Article 212 and 242 of the
Labor Code, as amended, which is a party to the case: Provided, that he/she presents to the
Commission or Labor Arbiter during the mandatory conference or initial hearing:
a. (i) a certification from the Bureau of Labor Relations (BLR) or Regional Office of the
Department of Labor and Employment attesting that the organization he/she
represents is duly registered and listed in the roster of legitimate labor organizations;
b. (ii) a verified certification issued by the secretary and attested to by the president of
the said organization stating that he/she is authorized to represent the said
organization in the said case;
c. (iii) a copy of the resolution of the board of directors of the said organization granting
him such authority;
SECTION 7. AUTHORITY TO BIND PARTY.

 Counsel or other authorized representatives of parties shall have authority to bind their clients Mandatory conciliation and mediation Conference
in all matters of procedure; but they cannot, without a special power of attorney or express
consent, enter into a compromise agreement with the opposing party in full or partial discharge SECTION 8. MANDATORY CONCILIATION AND MEDIATION CONFERENCE. –
of a client's claim. (a) The mandatory conciliation and mediation conference shall be called for the purpose of:
SUMMARY:
a. amicably settling the case upon a fair compromise;
A lawyer must indicate in his/her pleadings and motions his/her: b. determining the real parties in interest;
c. determining the necessity of amending the complaint and including all causes of
1) Attorney’s Roll Number; action;
2) Professional Tax Receipt; d. defining and simplifying the issues in the case;
3) IBP numbers for the current year; and e. entering into admissions or stipulations of facts; and
4) MCLE compliance f. threshing out all other preliminary matters.

A non lawyer may appear in any of the following instances (note requisites): The Labor Arbiter shall personally preside over and take full control of the
proceedings and may be assisted by the Labor Arbitration Associate in the conduct
1) he/she represent himself/herself as a party to the case;
thereof. Provided that, in areas where there is no Labor Arbiter assigned, conciliation
2) he/she represents a legitimate labor organization which is a party to the case;
and mediation may be conducted by a Labor Arbitration Associate, any other NLRC
3) he/she represents a member of a legitimate labor organization existing in the employer’s
personnel with sufficient training and knowledge on conciliation and mediation,
establishment which is a party to the case;
authorized by the Chairman or a duly authorized personnel of the Department of
4) he/she is a duly-accredited member of any legal aid office recognized by the DOJ or IBP;
Labor and Employment pursuant to any Memorandum of Agreement executed for this
5) he/she is the owner/president of a corporation or establishment which is a party to the case
purpose. (As amended by En Banc Resolution No. 05-14, Series of 2014)

Permissible grounds to dismiss complaint

(b) Conciliation and mediation efforts shall be exerted by the Labor Arbiters or the said authorized
SECTION 5. PROHIBITED PLEADINGS AND MOTIONS. personnel all throughout the mandatory conferences. (As amended by En Banc Resolution No. 5-14,
Series of 2014) Any agreement entered into by the parties whether in partial or full settlement of the
The following pleadings and motions shall not be allowed and acted upon nor elevated to the dispute shall be reduced into writing and signed by the parties and their counsel or the parties’
authorized representatives, if any.
Commission:
(c) In any case, the compromise agreement shall be approved by the Labor Arbiter, if after explaining to
a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject the parties, particularly to the complainants, the terms, conditions and consequences thereof, he/she is
matter, improper venue, res judicata, prescription and forum shopping; satisfied that they understand the agreement, that the same was entered into freely and voluntarily by
b) Motion for a bill of particulars; them, and that it is not contrary to law, morals, and public policy.
c) Motion for new trial;
d) Petition for relief from judgment; (d) A compromise agreement duly entered into in accordance with this Section shall be final and binding
e) Motion to declare respondent in default; upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter.
f) Motion for reconsideration of any decision or any order of the Labor Arbiter;
g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order: (e) The mandatory conciliation and mediation conference shall, except for justifiable grounds, be
a. denying a motion to dismiss; terminated within thirty (30) calendar days from the date of the first conference.
b. denying a motion to inhibit;
(f) No motion for postponement shall be entertained except on meritorious
c. denying a motion for issuance of writ of execution; or
d. denying a motion to quash writ of execution;
h) Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter;
i) Appeal from orders issued by the Labor Arbiter in the course of execution proceedings; and
j) Such other pleadings, motions and petitions of similar nature intended to circumvent above
provisions.
 Concept of Conciliation and Mediation
 The concept of mandatory conciliation and mediation is to explore the possibility of
compromise since there are some petty issues which may be voluntarily settled without need
of filing a case in the LA
PURPOSE
The purpose of the mandatory conciliation and mediation is to:
1) amicably settle the case upon a fair compromise;
2) determine the real parties in interest;
3) determine the necessity of amending the complaint and including all causes of action;
4) define and simplify the issues in the case;
5) enter into admissions or stipulations of facts; and
6) thresh out all other preliminary matters.
SECTION 9. Effect of Failure of Settlement. —
 If the parties fail to agree on an amicable settlement, either in whole or in part, during the
mandatory conciliation and mediation conference, the Labor Arbiter shall proceed to the other
purposes of the said conference as enumerated in Section 8 (a) hereof. (4a)
Effect of non-appearance of parties
SECTION 10. NON-APPEARANCE OF PARTIES.
 The non-appearance of the complainant or petitioner during the two (2) settings for mandatory
conciliation and mediation conference scheduled in the summons, despite due notice thereof,
o shall be a ground for the dismissal of the case without prejudice.
 In case of non-appearance by the respondent during the first scheduled conference,
o the second conference as scheduled in the summons shall proceed.
 If the respondent still fails to appear at the second conference despite being duly served with
summons,
o he/she shall be considered to have waived his/her right to file position paper.
 The Labor Arbiter shall immediately terminate the mandatory conciliation and mediation
conference and direct the complainant or petitioner to file a verified position paper and submit
evidence in support of his/her causes of action and thereupon render his/her decision on the
basis of the evidence on record.
Waiver of right to file position paper (When allowed and under what conditions)
 If the respondent still fails to appear at the second conference despite being duly served with
summons,
o he/she shall be considered to have waived his/her right to file position paper
 Waiver of right to file position paper can happen if respondent still fails to appear at the second
conference despite served with summons
 The LA should immediately terminate the conciliation and direct the petitioner to file a position
paper and submit evidence
 The LA should thereupon render his/her decision on the basis of the evidence on record
Lifting of Order of Waiver (when allowed and under what conditions)
SECTION 22. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE AND LIFTING OF
WAIVER.
 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;
o otherwise, the only remedy shall be to re-file the case.
 A party declared to have waived his/her right to file position paper may, at any time after notice
thereof and before the case is submitted for decision,
o file a motion under oath to set aside the order of waiver upon proper showing that
his/her failure to appear was due to justifiable and meritorious grounds.
Compromise before Regional Director (Article 227) and Compromise before Labor Arbiter (Art.
2028 of CC)
Art. 227 of the Labor Code
 Any compromise settlement, including those involving labor standard laws, voluntarily agreed
upon by the parties with the assistance of the Bureau or the regional office of the Department
of Labor, shall be final and binding upon the parties. The National Labor Relations Commission
or any court, shall not assume jurisdiction over issues involved therein except in case of non-
compliance thereof or if there is prima facie evidence that the settlement was obtained through
fraud, misrepresentation, or coercion.
Art. 2028 of the Civil Code
 A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a
litigation or put an end to one already commenced.
Judgment based on Compromise and Res Judicata
 A judgment rendered in accordance with a compromise agreement is not appealable, and is
immediately executory unless a motion is filed to set aside the agreement on the ground of
fraud, mistake, or duress, in which case an appeal may be taken against the order denying the
motion.
 Under A2037 of the Civil Code, “a compromise has upon the parties the effect and authority of
res judicata,” even when effected without judicial approval; and under the principle of res
judicata, an issue which has already been laid to rest by the parties themselves can no longer
be relitigated. (Phil. Journalist Inc. vs. NLRC, G.R. No. 166421, Sept. 5, 2006)
 All that is required for the compromise to be deemed voluntarily entered into is personal and
specific individual consent.
 Thus, contrary to respondent’s contention, the employee’s counsel need not be present at the
time of the signing of the compromise agreement.
 Position Paper and Reply TECHNICAL RULES OF PROCEDURE

SECTION 12. RULE V SUBMISSION OF POSITION PAPER AND REPLY. – Article 221. Technical rules not binding and prior resort to amicable settlement.

a) Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall direct the parties to
o submit simultaneously their verified position papers with supporting documents and
affidavits, if any,
o on a date set by him/her within ten (10) calendar days from the date of termination of the
mandatory conciliation and mediation conference.
b) No amendment of the complaint or petition shall be allowed after the filing of position papers,
a. unless with leave of the Labor Arbiter.
c) The position papers of the parties shall cover
a. only those claims and causes of action stated in the complaint or amended complaint,
b. accompanied by all supporting documents,
c. including the affidavits of witnesses, which shall take the place of their direct testimony,
excluding those that may have been amicably settled.
d) Within ten (10) days from receipt of the position paper of the adverse party, a reply may be filed on a
date agreed upon and during a schedule set before the Labor Arbiter.
a. The reply shall not allege and/or prove facts and any cause or causes of action not referred to
or included in the original or amended complaint or petition or raised in the position paper.
 In any proceeding before the Commission or any of the Labor Arbiters,
o the rules of evidence prevailing in courts of law or equity shall not be controlling,
o and it is the spirit and intention of this Code that the Commission and the Labor Arbiters shall
use every and all reasonable means to ascertain the facts in each case speedily and
objectively,
 without regard to technicalities of law or procedure, all in the interest of due
process.
 In any proceeding before the Commission or any Labor Arbiter,
o the parties may be represented by legal counsel
o BUT it shall be the duty of the Chairman, any Presiding Commissioner or Commissioner or
any Labor Arbiter to exercise complete control of the proceedings at all stages.
 Any provision of law to the contrary notwithstanding, the Labor Arbiter shall exert all efforts towards
the amicable settlement of a labor dispute within his jurisdiction on or before the first hearing. The
same rule shall apply to the Commission in the exercise of its original jurisdiction. (As amended by RA
6715)

Simultaneous filing of position paper Conduct of hearing or Clarificatory conference

 On a date set within 10 calendar days from the date of termination of the mandatory conciliation and SECTION 13 RULE V. DETERMINATION OF NECESSITY OF HEARING OR CLARIFICATORY CONFERENCE.
mediation conference,
o the LA should direct the parties to simultaneously submit their verified position papers with  Immediately after the submission by the parties of their position paper or reply, as the case may be,
supporting documents o the Labor Arbiter shall, motu proprio, determine whether there is a need for a hearing or
clarificatory conference.
Contents of position paper  At this stage, he/she may, at his/her discretion and for the purpose of making such determination, ask
clarificatory questions to further elicit facts or information, including but not limited to the subpoena
The position papers shall cover: of relevant documentary evidence, if any, from any party or witness.
1) Only claims and causes of action stated in the complaint; SECTION 14. ROLE OF THE LABOR ARBITER IN HEARING AND CLARIFICATORY CONFERENCE.
2) Supporting documents, including affidavits of witnesses;
3) excludes claims and causes of action that may have been amicably settled. (a)The Labor Arbiter shall take full control and personally conduct the hearing or clarificatory conference and
may ask questions for the purpose of clarifying points of law or facts involved in the case.
Reply position paper and contents
 The Labor Arbiter may allow the presentation of testimonial evidence with right of cross-examination
A reply may be filed on a date agreed upon and set by the LA: by the opposing party and shall limit the presentation of evidence to matters relevant to the issue
1) Within 10 days from receipt of the adverse position paper; before him/her and necessary for a just and speedy disposition of the case.
2) Such reply shall not allege or prove facts and any cause of action not included in the original petition or (b)The Labor Arbiter shall make a written summary of the proceedings,
is not raised in the position paper.
 including the substance of the evidence presented, in consultation with the parties.
Quantum of evidence and burden of proof and Technical rules of procedure (Art. 221)
 The written summary shall be signed by the parties and shall form part of the records.
 In labor cases as in other administrative proceedings, substantial evidence or such relevant evidence as
a reasonable mind might accept as sufficient to support a conclusion is required.
 The burden of proof lies on he who asserts, not he who denies
 Effect of non-appearance of party Inhibition

SECTION 15. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF HEARINGS AND CLARIFICATORY
CONFERENCES.
a) The parties and their counsels appearing before the Labor Arbiter shall be prepared for continuous
hearing or clarificatory conference.
o No postponement or continuance shall be allowed by the Labor Arbiter,
o EXCEPT upon meritorious grounds and subject to the requirement of expeditious disposition
of cases.
o The hearing or clarificatory conference shall be terminated within thirty (30) calendar days
from the date of the initial clarificatory conference.
b) In case of non-appearance of any of the parties during the hearing or clarificatory conference despite
due notice,
o proceedings shall be conducted exparte.
o Thereafter, the case shall be deemed submitted for decision.
c) Paragraph (a)of this Section notwithstanding, in cases involving overseas Filipino workers,
o 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 case submitted for decision
SECTION 16. SUBMISSION OF THE CASE FOR DECISION.
 Upon the submission by the parties of their position papers or replies, or the lapse of the period to
submit the same,
o the case shall be deemed submitted for decision
o unless the Labor Arbiter calls for a hearing or clarificatory conference in accordance with
Section 12 and 14(a)of this Rule,
 in which case, notice of hearing or clarificatory conference shall be immediately
sent to the parties.
 Upon termination of the said hearing or conference,
o the case is deemed submitted for decision.
SECTION 17. INHIBITION.
 A Labor Arbiter may voluntarily inhibit himself/herself from the resolution of a case and shall so state
in writing the legal justifications therefor.
 Upon motion of a party,
o either on the ground of relationship within the fourth civil degree of consanguinity or affinity
with the adverse party or counsel,
o or on question of partiality or other justifiable grounds, the Labor Arbiter may inhibit
himself/herself from further hearing and deciding the case.
 Such motion shall be resolved within five (5) days from the filing thereof.
 An order denying or granting a motion for inhibition is inappealable.
VOLUNTARY INHIBITION
 A Labor Arbiter may voluntary inhibit from the resolution of a case and shall state in writing the legal
justifications thereof
Contempt
SECTION 1. DIRECT CONTEMPT
 The Chairman or any Commissioner or Labor Arbiter may summarily adjudge guilty of direct contempt
any person committing any act of misbehavior in the presence of or so near the Chairman or any
Commissioner or Labor Arbiter as to
o obstruct or interrupt the proceedings before the same, including disrespect toward said
officials, offensive acts toward others,
o or refusal to be sworn or to answer as a witness or to subscribe to an affidavit or deposition
when lawfully required to do so.
 If the offense is committed against the Commission or any member thereof, the same shall be
punished by a fine not exceeding Five Hundred Pesos (P500.00) or imprisonment not exceeding five (5)
days, or both; and,
o if the offense is committed against any Labor Arbiter, the same shall be punished by a fine
not exceeding One Hundred Pesos (P100.00) or imprisonment not exceeding one (1) day, or
both.

 Any person adjudged guilty of direct contempt by a Labor Arbiter may,

o within a period of five (5) calendar days from notice of the judgment,
o appeal the same to the Commission and the execution of said judgment shall be suspended
pending resolution of the appeal upon the filing by said person of a bond on condition that
he will abide by and perform the judgment should the appeal be decided against him/her.
o A judgment of the Commission on direct contempt shall be immediately executory and
inappealable.
SECTION 2. INDIRECT CONTEMPT.
The Commission or any Labor Arbiter pursuant to Article 218 (d) of the Labor Code may cite any person for
indirect contempt and impose the appropriate penalty under any of the following grounds:
a) Misbehavior of any officer or employee in the performance of his/her official duties or in his/her
official transaction;
b) Disobedience of, or resistance to, a lawful writ, order or decision;
c) Any abuse of, or any unlawful interference with the processes or proceedings not constituting direct
contempt; D. Punishment for indirect contempt.
d) Any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the
administration of justice;
e) Assuming to be an attorney or a representative of party without authority;
f) Failure to obey a subpoena duly served; or
g) Other grounds analogous to the foregoing.
A. Where charge to be filed.
 Where the charge for indirect contempt has been committed against the Commission or against an
Officer appointed by it,
o the charge may be filed with the Commission.
 Where such contempt has been committed against the Labor Arbiter,
o the charge may be filed with the Regional Arbitration Branch subject to appeal to the
Commission in the same manner as provided in Section 1 of this Rule.
B. How proceedings commenced.
 Proceedings for indirect contempt may be initiated motu proprio by the Commission or any Labor
Arbiter by an order or any other formal charge requiring the respondent to show cause why he/she
should not be punished for contempt.
 In all other cases, a charge for indirect contempt shall be commenced by a verified petition with
supporting particulars and certified true copies of documents or papers involved therein, and upon full
compliance with the requirements for filing initiatory pleadings in the Commission.
 If the contempt charge arose out of or is related to a principal action pending in the Commission or
Regional Arbitration Branch, E.
o the petition for contempt shall allege that fact
o but said petition shall be consolidated, heard, and decided separately,
o UNLESS the Commission or Labor Arbiter in its/his/her discretion, orders the consolidation of
the contempt charge and the principal action for joint hearing and decision.
C. Hearing.
 Upon the date set for hearing,
o the Commission or Labor Arbiter shall proceed to investigate the charge and consider such
comment, answer, defense or testimony as the respondent may make or offer.
 Failure to attend the scheduled hearing and to give a satisfactory explanation in writing to the
Commission or Labor Arbiter will result in the waiver of the respondent to be present during the
hearing.
 If the respondent is adjudged guilty of indirect contempt committed against the Commission or any
member thereof,
o he/she may be punished by a fine of One Thousand Pesos (P1,000.00) per day for every act
of indirect contempt; and,
 if the offense is committed against any Labor Arbiter,
o the same may be punished by a fine of Five Hundred Pesos (P500.00) per day for every act of
indirect contempt.
 Each day of defiance of, or disobedience to, or non-enforcement of
o a final order,
o resolution,
o decision,
o ruling,
o injunction,
o or processes,
 shall constitute an indirect contempt of the Commission.
 If the contempt consists of the violation of an injunction or omission to do an act which is within the
power of the respondent to perform,
o the respondent shall, in addition, be made liable for damages as a consequence thereof.
 The damages shall be measured by the extent of the loss or injury sustained by the aggrieved party by
reason of the acts or omissions of which the contempt is being prosecuted, and the costs of the
proceedings, including payment of interest on damages.
 A writ of execution may be issued to enforce the decision imposing such fine and/or consequent
damages as punishment for indirect contempt.
 Appeal Procedure (Article 223)
Article 223. Appeal.
 Decisions, awards, or orders of the Labor Arbiter are final and executory UNLESS appealed to the
Commission by any or both parties within ten (10) calendar days from receipt of such decisions,
awards, or orders. Such appeal may be entertained only on any of the following grounds:
o If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
o If the decision, order or award was secured through fraud or coercion, including graft and
corruption;
o If made purely on questions of law; and
o If serious errors in the findings of facts are raised which would cause grave or irreparable
damage or injury to the appellant.
 In case of a judgment involving a monetary award,
o an appeal by the employer may be perfected only upon the posting of a cash or surety bond
 issued by a reputable bonding company duly accredited by the Commission in the
amount equivalent to the monetary award in the judgment appealed from.
 In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar
as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal.
o The employee shall either be admitted back to work under the same terms and conditions
prevailing prior to his dismissal or separation or, at the option of the employer, merely
reinstated in the payroll.
o The posting of a bond by the employer shall not stay the execution for reinstatement
provided herein.
 To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall impose
reasonable penalty, including fines or censures, upon the erring parties.
 In all cases, the appellant
o shall furnish a copy of the memorandum of appeal to the other party who shall file an answer
not later than ten (10) calendar days from receipt thereof.
 The Commission shall decide all cases
o within twenty (20) calendar days from receipt of the answer of the appellee.
o The decision of the Commission shall be final and executory after ten (10) calendar days from
receipt thereof by the parties.
 Any law enforcement agency may be deputized by the Secretary of Labor and Employment or the
Commission in the enforcement of decisions, awards or orders. (As amended by Section 12, Republic
Act No. 6715, March 21, 1989)
SECTION 1. PERIODS OF APPEAL.
 Decisions, awards, or orders of the Labor Arbiter shall be final and executory
o UNLESS appealed to the Commission by any or both parties within ten (10) calendar days
from receipt thereof;
 and in case of decisions or resolutions of the Regional Director of the Department of Labor and
Employment pursuant to Article 129 of the Labor Code,
o 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.
 No motion or request for extension of the period within which to perfect an appeal shall be allowed
SECTION 2. GROUNDS.
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, award 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.
SECTION 3. WHERE FILED.
 The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was
heard and decided.
Frivolous or Dilatory Appeals
SECTION 10. FRIVOLOUS OR DILATORY APPEALS.
No appeal from an interlocutory order shall be entertained. To discourage frivolous or dilatory appeals, including
those taken from interlocutory orders, the Commission after hearing may censure or cite in contempt the erring
parties and their counsels, or subject them to reasonable fine or penalty.
Exemption of Complainants under NLRC En Banc Res. No. 04-14 S. 2014 from certain filing fees
 Requisites to Perfect Appeal
SECTION 4. REQUISITES FOR PERFECTION OF APPEAL.
(a) The appeal shall be:
(1) filed within the reglementary period provided in Section 1 of this Rule;
(2) verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of
Court, as amended;
(3) 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, award or order;
(4) in three (3) legibly typewritten or printed copies; and
(5) accompanied by:
(i) proof of payment of the required appeal fee and legal research fee,
(ii) posting of a cash or surety bond as provided in Section 6 of this Rule, and
(iii) proof of service upon the other parties.
(b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of
the period for perfecting an appeal.
(c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed
his/her 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/her
answer or reply within the said period may be construed as a waiver on his/her part to file the same.
(d) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected in accordance with
these Rules, the Commission shall limit itself to reviewing and deciding only the specific issues that were
elevated on appeal.
SECTION 5. APPEAL FEE.
 The appellant shall pay the prevailing appeal fee and legal research fee 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
SECTION 6. BOND.
 In case the decision of the Labor Arbiter or the Regional Director involves a monetary award,
o an appeal by the employer may be perfected only upon the posting of a bond,
o which shall either be in the form of cash deposit or surety bond equivalent in amount to the
monetary award,
o exclusive of damages and attorney’s fees.
 In case of surety bond,
o the same shall be issued by a reputable bonding company duly accredited by the Commission
or the Supreme Court, and shall be accompanied by original or certified true copies of the
following:
a) a joint declaration under oath by the employer, his/her 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 accreditation and authority from the Supreme Court; and
g) notarized board resolution or secretary’s certificate from the bonding company showing its
authorized signatories and their specimen signatures.
 The Commission through the Chairman may on justifiable grounds blacklist a bonding company,
notwithstanding its accreditation by the Supreme Court.
 A cash or surety bond shall be valid and effective from the date of deposit or posting,
o until the case is finally decided, resolved or terminated, or the award satisfied.
o This condition shall be deemed incorporated in the terms and conditions of the surety bond,
o and shall be binding on the appellants and the bonding company.
 The appellant shall furnish the appellee with a certified true copy of the said surety bond with all the
above-mentioned supporting documents.
o The appellee shall verify the regularity and genuineness thereof and immediately report any
irregularity to the Commission.
 Upon verification by the Commission that the bond is irregular or not genuine,
o the Commission shall cause the immediate dismissal of the appeal,
o and censure the responsible parties and their counsels, OR subject them to reasonable fine
or penalty,
o and the bonding company may be blacklisted.
 No motion to reduce bond shall be entertained except on meritorious grounds,
o 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.
Prohibited Appeals  The Labor Arbiter shall motu proprio issue a corresponding writ to satisfy the reinstatement wages as
they accrue until actual reinstatement or reversal of the order of reinstatement. (En Banc Resolution
a. Appeal from any interlocutory order of the LA, such as but not limited to an order No. 11-12, Series of 2012)
i. Denying a motion to dismiss
 The Sheriff shall serve the writ of execution upon the employer or any other person required by law to
ii. Denying a motion to inhibit
obey the same. If he/she disobeys the writ, such employer or person may be cited for contempt in
iii. Denying a motion for issuance of writ of execution, or
accordance with Rule IX
iv. Denying a motion to quash writ of execution
b. Appeal from the issuance of a certificate of finality of decision by LA
c. Appeal from orders issued by LA in the course of execution proceedings

Interlocutory Order and Final Order

 An interlocutory order is one that does not dispose of the case completely but leaves something to be
decided upon.
 A final order finally disposes of, adjudicates, or determines the rights, or some right or right of the
parties, either on the entire controversy or on some definite and separate branch thereof, and
concludes them until it is reversed or set aside.
o Where no issue is left for future consideration, except the fact or compliance or non-
compliance with the terms of the judgment or order, such judgment or order is final and
appealable. In other words, a final order puts an end to litigation.
 The distinction between a final order and an interlocutory order is well known.
o The final order disposes of the subject matter in its entirety or terminates a particular
proceeding or action, leaving nothing more to be done except to enforce by execution what
the court has determined, but the latter does not completely dispose of the case but leaves
something else to be decided upon.
o An interlocutory order deals with preliminary matters and the trial on the merits is yet to be
held and the judgment rendered.
 The test to ascertain whether or not an order or a judgment is interlocutory or final is: does the order
or judgment leave something to be done in the trial court with respect to the merits of the case?
o If it does, the order or judgment is interlocutory; otherwise, it is final. When the order or
judgment does not dispose of the case completely but leaves something to be done upon the
merits, it is merely interlocutory.

RULES ON REINSTATEMENT PENDING APPEAL

SECTION 12. EXECUTION OF REINSTATEMENT PENDING APPEAL. –

 In case the decision includes an order of reinstatement, and the employer disobeys the directive under
the second paragraph of Section 18 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 non-reinstatement in the amount specified in the decision.
 NLRC
Composition (RA 9347 amending Articles 212 to 216, Rationalizing the compostion and function of the NLRC)
Art. 213. National Labor Relations Commission.
 There shall be a National Labor Relations Commission which shall be attached to the Department of
Labor and Employment solely for program and policy coordination, composed of a Chairman and
twenty-three (23) members.
o Eight (8) members each shall be chosen only from among the nominees of the workers and
employers organizations, respectively.
o The Chairman and the seven (7) remaining members shall come from the public sector, with
the latter to be chosen preferably from among the incumbent labor arbiters.
 Upon assumption into office,
o the members nominated by the workers and employers organizations shall divest themselves
of any affiliation with or interest in the federation or association to which they belong.
 The Commission may sit en banc or in eight (8) divisions, each composed of three (3) members.
o The Commission shall sit en banc
o only for purposes of promulgating rules and regulations governing the hearing
o and disposition of cases before any of its divisions and regional branches and formulating
policies affecting its administration and operations.
 The Commission shall exercise its adjudicatory and all other powers, functions and duties through its
divisions.
o Of the eight (8) divisions,
o the first, second, third, fourth, fifth and sixth divisions shall handle cases coming from the
National Capital Region and other parts of Luzon,
o and the seventh and eighth divisions, cases from Visayas and Mindanao, respectively:
 Provided, That the Commission sitting en banc may, on temporary or emergency basis,
o allow cases within the jurisdiction of any division to be heard and decided by any other
division whose docket allows the additional workload and such transfer will not expose
litigants to unnecessary additional expense.
o The divisions of the Commission shall have exclusive appellate jurisdiction over cases within
their respective territorial jurisdiction.
“Art. 214. Headquarters, Branches and Provincial Extension Units
 “The concurrence of two (2) Commissioners of a division shall be necessary for the pronouncement of
judgment or resolution.
o Whenever the required membership in a division is not complete and the concurrence of two
(2) Commissioners to arrive at a judgment or resolution cannot be obtained, the Chairman
shall designate such number of additional Commissioners from the other divisions as may be
necessary.
 The conclusions of a division on any case submitted to it for decision shall be reached in consultation
before the case is assigned to a member for the writing of the opinion.
o It shall be mandatory for the division to meet for purposes of the consultation ordained
herein.
o A certification to this effect signed by the Presiding Commissioner of the division shall be
issued, and a copy thereof attached to the record of the case and served upon the parties.
 “The Chairman shall be the Presiding Commissioner of the first division,
o and the seven (7) other members from the public sector shall be the Presiding
Commissioners of the second, third, fourth, fifth, sixth, seventh and eighth divisions,
respectively.
o In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner of
the second division shall be the Acting Chairman.
 “The Chairman, aided by the Executive Clerk of the Commission, shall have exclusive administrative
supervision over the Commission and its regional branches and all its personnel, including the Labor
Arbiters
 “The Commission, when sitting en banc, shall be assisted by the same Executive Clerk,
o and, when acting thru its Divisions, by said Executive Clerk for its first division and seven (7)
other Deputy Executive Clerks for the second, third, fourth, fifth, sixth, seventh and eighth
Divisions, respectively, in the performance of such similar or equivalent functions and duties
as are discharged by the Clerk of Court and Deputy Clerks of Court of the Court of Appeals.
 “The Commission and its eight (8) divisions shall be assisted by the Commission Attorneys in its
appellate and adjudicatory functions whose term shall be coterminous with the Commissioners with
whom they are assigned.
o The Commission Attorneys shall be members of the Philippine Bar with at least one (1) year
experience or exposure in the field of labor-management relations.
o They shall receive annual salaries and shall be entitled to the same allowances and benefits
as those falling under Salary Grade twenty-six (SG 26)
o There shall be as many Commission Attorneys as may be necessary for the effective and
efficient operation of the Commission but in no case more than three (3) assigned to the
Office of the Chairman and each Commissioner.
 “No Labor Arbiter shall be assigned to perform the functions of the Commission Attorney nor detailed
to the office of any Commissioner.
 The Commission and its first, second, third, fourth, fifth and sixth divisions shall have their main offices
in Metropolitan Manila, and the seventh and eighth divisions in the cities of Cebu and Cagayan de Oro,
respectively.
 The Commission shall establish as many regional branches as there are regional offices of the
Department of Labor and Employment, sub-regional branches or provincial extension units. There shall
be as many Labor Arbiters as may be necessary for the effective and efficient operation of the
Commission.”
“Art. 215. Appointment and Qualifications.

 The Chairman and other Commissioners shall be members of the Philippine Bar and must have been
engaged in the practice of law in the Philippines for at least fifteen (15) years, with at least five (5)
years experience or exposure in the field of labor-management relations, and shall preferably be
residents of the region where they shall hold office.
o The Labor Arbiters shall likewise be members of the Philippine Bar and must have been
engaged in the practice of law in the Philippines for at least ten (10) years, with at least five
(5) years experience or exposure in the field of labor-management relations.

 “The Chairman, the other Commissioners and the Labor Arbiters shall hold office during good behavior
until they reach the age of sixty-five (65) years, unless sooner removed for cause as provided by law or
become incapacitated to discharge the duties of their office:
o Provided, however, That the President of the Republic of the Philippines may extend the
services of the Commissioners and Labor Arbiters up to the maximum age of seventy (70)
years upon the recommendation of the Commission en banc.

 “The Chairman, the Division Presiding Commissioners and other Commissioners shall all be appointed
by the President. Appointment to any vacancy in a specific division shall come only from the nominees
of the sector which nominated the predecessor. The Labor Arbiters shall also be appointed by the
President, upon recommendation of the Commission en banc to a specific arbitration branch
preferably in the region where they are residents, and shall be subject to the Civil Service Law, rules
and regulations:
o Provided, That the Labor Arbiters who are presently holding office in the region where they
are residents shall be deemed appointed thereat.

 “The Chairman of the Commission shall appoint the staff and employees of the Commission and its
regional branches as the needs of the service may require, subject to the Civil Service Law, rules and
regulations, and upgrade their current salaries, benefits and other emoluments in accordance with
law.”

“Art. 216. Salaries, Benefits and Emoluments.

 The Chairman and members of the Commission shall have the same rank, receive an annual salary
equivalent to, and be entitled to the same allowances, retirement and benefits as those of the
Presiding Justice and Associate Justices of the Court of Appeals, respectively.
 Labor Arbiters shall have the same rank, receive an annual salary equivalent to and be entitled to the
same allowances, retirement and other benefits and privileges as those of the Judges of the Regional
Trial Courts. In no case, however, shall the provision of this Article result in the diminution of the
existing salaries, allowances and benefits of the aforementioned officials.
RULE VII SECTION 2. Composition and Internal Functions of the Commission En Banc and its Divisions.
a) Composition.
 Unless otherwise provided by law, the Commission shall be composed of the Chairman and of twenty
three (23) Commissioners.
b) Commission En Banc.
 The Commission shall sit en banc
o only for purposes of promulgating rules and regulations governing the hearing and
disposition of cases before its Divisions and Regional Arbitration Branches,
o and for the formulation of policies affecting its administration and operations.
o It may, on temporary or emergency basis, allow cases within the jurisdiction of any Division
to be heard by any other Division whose docket allows the additional workload and such
transfer will not expose litigants to unnecessary additional expense.
c) Divisions.
 Unless otherwise provided by law, the Commission shall exercise its adjudicatory and all other powers,
functions and duties through its eight (8) Divisions.
 Each Division shall consist of
o one member from the public sector who shall act as the Presiding Commissioner
o and one member each from the workers and employers sectors, respectively.
 Of the eight (8) Divisions, the First, Second, Third, Fourth, Fifth and Sixth Divisions shall have exclusive
territorial jurisdiction over appealed cases coming from Luzon;
 the Seventh Division, appealed cases from the Visayas Region; and the Eighth Division, appealed cases
from Mindanao including those from the Autonomous Region for Muslim Mindanao.
d) Headquarters.
 As provided by law, the Commission and its First, Second, Third, Fourth, Fifth and Sixth Divisions for
Luzon shall have their main offices in the National Capital Region,
 and the Seventh and Eighth Divisions for Visayas and Mindanao, in the cities of Cebu and Cagayan de
Oro, respectively. (2a)
SECTION 3. The Chairman.
 The Chairman shall preside over all sessions of the Commission en banc.
 He/she is the Presiding Commissioner of the First Division.
o In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner of
the Second Division shall be the Acting Chairman.
 The Chairman, aided by the Executive Clerk of the Commission,
o shall have administrative supervision over the Commission and its Regional Arbitration
Branches and all its personnel including the Executive Labor Arbiters and Labor Arbiters.
SECTION 4. Commission En Banc Session, Quorum and Vote.
a) Commission En Banc.
 The Chairman shall call the Commission to an en banc session at least twice a year,
o preferably on the first week of June and the first week of December, to deliberate and decide
on any matter before it.
 However, a majority of all the members of the Commission may call a special en banc session to
discuss and decide on urgent and vital matters which need immediate action.
b) Quorum
 The presence of a majority of all the members of the Commission shall be necessary to constitute a
quorum.
 The vote or concurrence of the majority of the members constituting a quorum shall be the decision or
resolution of the Commission en banc.
c) Division.
 The presence of at least two (2) Commissioners of a Division shall constitute a quorum.
o The concurrence of two (2) Commissioners of a Division shall be necessary for the
pronouncement of a judgment or resolution.
 Whenever the required membership in a Division is not complete and/or the concurrence of two (2)
Commissioners cannot be obtained to arrive at a judgment or resolution,
o the Chairman shall designate such number of additional Commissioners belonging to the
same sector from the other Divisions as may be necessary.
 In the event that all the members of a division inhibit themselves from resolving a case,
o the Chairman may create a Special Division or assign the case to any of the other Divisions.
d) Role of Chairman in the Division.
 The Chairman of the Commission may convene and preside over the session of any Division to consider
any case pending before it and participate in its deliberations, if in his/her judgment, his/her presence
therein will best serve the interests of labor justice. He/she shall not however, participate in the voting
by the Division, except when he/she is acting as Presiding Commissioner of the Division in the absence
of the regular Presiding Commissioner. (4a)
COMPOSITION OF THE NLRC
 1 Chairman – from Public Sector [PREFERABLY from among the INCUMBENT LABOR ARBITERS]
 23 Members:
o 7 – from Public Sectors
o 8 – from Workers’ Organization
o 8 – from Employers’ Organization
FUNCTION OF THE NLRC SECTION 2. Report to the President.

 The National Labor Relations Commission is a quasi-judicial body The NLRC, through its Chairman, shall submit a report to the President, through the Secretary of Labor, within
o tasked to promote and maintain industrial peace by resolving labor and management thirty (30) days from issuance of this Executive Order, on the following matters:
disputes involving both local and overseas workers
o through compulsory arbitration and alternative modes of dispute resolution. a) Performance Report/Audit for the last five (5) years, including list of pending cases and cases disposed
of within the said period by the NLRC en banc, by Division and by the Labor Arbiters in each of its
regional and sub-regional branches or provincial extension units;
b) Detailed Master Plan on how to liquidate its backlog of cases with clear timetables to clean up its
EO 204 S. 2003 Administrative Supervision of Secretary of Labor, revoking EO No. 185 S. 2003 dockets within six (6) months from the issuance hereof;
c) Complete inventory of its assets and list of personnel indicating their present positions and stations;
SECTION 1. Delegation to the Secretary of Labor.
and
 The power of the President under Section 17, Article VII of the Constitution and as the administrative d) Such other matters as may be required by the President upon the recommendation of the Secretary of
head of the Government to exercise administrative supervision over the NLRC, its regional branches Labor.
and all its personnel, including the Executive Labor Arbiters and Labor Arbiters, is hereby delegated to
Powers and Functions
the Secretary of Labor, with the objective of further improving the rate of disposition of cases pending
before it and its regional and sub-regional branches or provincial extension units and to enhance POWERS OF THE NLRC (Art. 218 of the Labor Code)
existing measures f or the prevention of graft and corruption within the said agency.
 For this purpose, the Secretary of Labor, in the exercise of such delegated authority, shall, among 1. Rule-making power (promulgate rules & regulations)
others:
 Governing the hearing and disposition of cases before it and its regional branches
a. Generally oversee the operations of the NLRC and its regional and sub-regional branches or
provincial extension units for the purpose of insuring that cases pending before them are  Pertaining to its internal functions
decided or resolved expeditiously;  Those as may be necessary to carry out the purposes of this Code
b. Enhance existing measures within the agency, or initiate new ones, to prevent graft and 2. Power to issue compulsory processes
corruption, including but not limited to, the conduct of management audits, performance
evaluations and inspections to determine compliance with established policies, standards  Administer oaths
and guidelines;  Summon parties
c. To take such action as may be necessary for the proper performance of official functions,  Issue subpoena duces tecum and ad testificandum
including rectification of violations, abuses and other forms of maladministration; and
d. Investigate, on its own or upon complaint, matters involving disciplinary action against any of 3. Power to investigate matters and hear disputes within its jurisdiction
the Presidential appointees in the NLRC, in accordance with existing laws, rules and
 Conduct investigations for the determination of a question, matter or controversy within its
regulations. After completing his/her investigation, the Secretary of Labor shall submit a
jurisdiction
report to the President on the investigation conducted with a recommendation as to the
 Proceed to hear and determine the dispute in the manner laid down under par. C of Art. 218
penalty to be imposed or other action to be taken, including referral to the Presidential Anti-
Graft Commission [PAGC], the Office of the Ombudsman or any other office, committee, 4. Contempt power
commission, agency, department, instrumentality or branch of the government for
appropriate action. 5. Power to issue injunctions and restraining orders involving or arising from any labor dispute before the
 The delegation of authority conferred herein upon the Secretary of Labor shall not extend to the Commission
power to review, reverse, revise, or modify the decisions of the NLRC in the exercise of its quasi-
6. Power to conduct ocular inspection
judicial functions [cf. Section 38(2)(b), Chapter 7, Book IV, Administrative Code].
7. Appellate power
 Finality of NLRC and Labor Arbiter’s Decision
SECTION 21. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY.
(a) Finality of the Decision or Order of the Labor Arbiter.
 If no appeal is filed with the Regional Arbitration Branch of origin within the time provided under
Article 223 of the Labor Code (10 days), as amended, and Section 1, Rule VI of these Rules,
o the decision or order of the Labor Arbiter shall become final and executory after ten (10)
calendar days from receipt thereof by the counsel or authorized representative or the
parties if not assisted by counsel or representative. (As amended by En Banc Resolution No.
11- 12, Series of 2012)
(b) Certificate of Finality.
 Upon expiration of the period provided in paragraph (a) of this Section, the Labor Arbiter shall issue a
certificate of finality.
 In the absence of return cards, certifications from the post office or courier authorized by the
Commission or other proofs of service to the parties, the Labor Arbiter may issue a certificate of finality
after sixty (60) calendar days from date of mailing. (n)(As amended by En Banc Resolution No. 05-14,
Series of 2014)
SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND
ENTRY OF JUDGMENT.
(a) Finality of the Decisions, Resolutions or Orders of the Commission.
 Except as provided in Section 9 of Rule X, the decisions, resolutions or orders of the Commission shall
become final and executory after ten (10) calendar days from receipt thereof by the counsel or
authorized representative or the parties if not assisted by counsel or representative.
(b) Entry of Judgment.
 Upon the expiration of the ten (10) calendar day period provided in paragraph (a) of this Section,
o the decision, resolution, or order shall be entered in a book of entries of judgment.
 In the absence of return cards, certifications from the post office or the courier authorized by the
Commission or other proofs of service to the parties, the Executive Clerk or Deputy Executive Clerk
shall consider the decision, resolution or order as final and executory after sixty (60) calendar days
from date of mailing. (14a)(As amended by En Banc Resolution No. 05-14, Series of 2014)
SECTION 15. MOTIONS FOR RECONSIDERATION.
 Motion for reconsideration of any decision, resolution or order of the Commission shall not be
entertained except when based on palpable or patent errors; ‘
o provided that the motion is filed within ten (10) calendar days from receipt of decision,
resolution or order, with proof of service that a copy of the same has been furnished, within
the reglementary period, the adverse party; and provided further, that only one such motion
from the same party shall be entertained.
Execution of Judgment (2012 NLRC Sheriff’s Manual on Execution of Judgment, NLRC En Banc Res. 10-12 Series
of 2012)
SECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER.
a) A writ of execution may be issued
a. motu proprio
b. on motion
c. upon a decision
d. order that has become final and executory.
b) If an appeal has been duly perfected and finally resolved by the Commission,
a. a motion for execution may be filed before the Labor Arbiter,
i. when the latter has possession of the case records or upon submission of certified
true copies of the decisions or final order/s sought to be enforced including notice
of decision or order and the entry of judgment, copy furnished the adverse party.
 Except that, as provided for in Section 19 of Rule V in relation to Section 9 of this Rule, 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.
SECTION 2. EXECUTION BY MOTION OR BY INDEPENDENT ACTION.
 Pursuant to Art. 224 of the Labor Code, 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,
o and may only be enforced by an independent action before the Regional Arbitration Branch
of origin and within a period of ten (10) years from date of its finality.
SECTION 3. EFFECT OF PERFECTION OF APPEAL ON EXECUTION.
 The perfection of an appeal shall stay the execution of the decision of the Labor Arbiter
o EXCEPT execution for reinstatement pending appeal.
SECTION 4. EFFECT OF PETITION FOR CERTIORARI ON EXECUTION.
 A petition for certiorari with the Court of Appeals or the Supreme Court shall not stay the execution of
the assailed decision
o UNLESS a restraining order is issued by said courts. (10a)
SECTION 5. EFFECT OF A MOTION TO LIFT ENTRY OF JUDGMENT.
 In case a motion to lift Entry of Judgment is filed,
o the execution proceedings shall not be suspended and the records of the case shall not be
elevated to the Commission unless ordered otherwise. (En Banc Resolution No. 11-12, Series
of 2012)
SECTION 6. PRE-EXECUTION CONFERENCE.
 Within two (2) working days from receipt of a motion for the issuance of a writ of execution which shall
be accompanied by a computation of a judgment award, if necessary,
o the Commission or the Labor Arbiter may schedule a pre-execution conference to thresh out
matters relevant to execution including the final computation of monetary award.
o The pre-execution conference shall not exceed fifteen (15) calendar days from the initial
schedule, unless the parties agreed to an extension.
 Any order issued by the Labor Arbiter in the pre-execution conference is not appealable, subject to the
remedies available under Rule XII.
SECTION 7. ISSUANCE, CONTENTS AND EFFECTIVITY OF A WRIT OF EXECUTION.
 The writ of execution shall issue in the name of the Republic of the Philippines signed by the
Commission or Labor Arbiter ordering the Sheriff to execute the decision, order, or award of the
Commission or Labor Arbiter, and must contain the complete name of the party, whether natural or
juridical, against whom the writ of execution was issued, the dispositive portion thereof, the amount, if
any, to be demanded, and all legal fees to be collected from the losing party or any other person
required by law to obey the same.
 A writ of execution shall be effective for a period of five (5) years from date of entry of judgment or
issuance of certificate of finality.
 In case of partial satisfaction of judgment during the lifetime of the writ,
o the Labor Arbiter shall motu proprio issue an updated writ reflecting the amount collected
and the remaining balance.
SECTION 8. ENFORCEMENT OF WRIT OF EXECUTION.
 In executing a decision, resolution or order,
o the Sheriff, or other authorized officer acting as Sheriff of the Commission, shall serve the
writ within three (3) days from receipt of the same, subject to the requirements of Sections
12 and 13 of this Rule and shall be guided strictly by these Rules and by the Manual on
Execution of Judgment, which shall form part of these Rules.
o In the absence of applicable rules, the Rules of Court, as amended, shall be applied in a
suppletory manner.
SECTION 9. MANNER OF EXECUTION OF MONETARY JUDGMENT. –
a) Upon the issuance of a writ of execution by the Labor Arbiter or the Commission, the Sheriff shall
immediately furnish the losing party with a copy thereof by registered mail or by courier authorized by
the Commission and enforce the judgment award in the following order:
a. Cash bond
b. Bank deposits
c. Surety bond
Should the cash bond or surety bond be insufficient,
 the Sheriff shall, within five (5) days from demand, execute the monetary judgment by levying on the
personal property, and if insufficient, the real property 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.
If the losing party has no properties or his/her properties are insufficient and the bonding company refuses to
comply with the writ of execution,
 the sheriff shall proceed to levy on the personal property, and if insufficient, the real property of the
bonding company, without prejudice to contempt proceedings against its president, officers or
authorized representatives.
 Moreover, the bonding company shall be barred from transacting business with the Commission.
b) If the bonding company refuses to pay or the bank holding the cash deposit of the losing party refuses
to release the garnished amount despite the order or pertinent processes issued by the Labor Arbiter
or the Commission,
a. the president or the responsible officers or authorized representatives of the said bonding
company or the bank who resisted or caused the non-compliance shall be either cited for
contempt,
b. or held liable for resistance and disobedience to a person in authority or the agents of such
person as provided under the pertinent provision of the Revised Penal Code. This rule shall
likewise apply to any person or party who unlawfully resists or refuses to comply with the
break open order issued by the Labor Arbiter or the Commission.
c. For this purpose, the Labor Arbiter or the Commission may issue an order directing the
sheriff to request the assistance of law enforcement agencies to ensure compliance with the
writ of execution, orders or processes.
d. A bonding company cited for contempt, or for an offense defined and punishable under the
pertinent provision of the Revised Penal Code shall be barred from transacting business with
the Commission.
c) Proceeds of execution shall be deposited with the Cashier of the concerned Division or Regional
Arbitration Branch, or with an authorized depositary bank.
a. Where payment is made in the form of a check, the same shall be payable to the
Commission.
d) (For monetary judgment on cases involving overseas Filipino workers, the manner of execution shall be
in accordance with Republic Act No. 10022. (5a) (As amended by En Banc Resolution No. 11-12, Series
of 2012)
In case of voluntary tender of payment by the losing party and –
1. In the presence of the prevailing party, it shall be effected before the Labor Arbiter or the
Commission, as the case may be;
2. In the absence of the prevailing party, it shall be effected by immediately depositing the
same, in cash or in check, with the Cashier of the NLRC or authorized depositary bank and
shall be released only upon order of the Commission or Labor Arbiter who issued the writ.
 Payment in the form of check shall be in the name of the Commission.
SECTION 10. BREAK OPEN ORDER; WHEN ISSUED.
 Should the losing party, his agent or representative refuse or prohibit the sheriff or his authorized
representative entry to the place where the property subject of execution is located or kept,
o the prevailing party may file a motion for a break open order with the Commission or Labor
Arbiter concerned who, after due notice and hearing, shall resolve the same. (En Banc
Resolution No. 11-12, Series of 2012)
SECTION 11. EXECUTION IN CASE OF DEATH OF PARTY.
 Where a party dies after the entry of judgment or issuance of certificate of finality,
o execution thereon may issue or one already issued may be enforced in accordance with the
applicable provisions of the Rules of Court.
 The sheriff shall submit to the Commission or Labor Arbiter a report before and after the sale.
Proceeds of the sale should be deposited with the Cashier for proper disposition by the Commission or
Labor Arbiter. (En Banc Resolution No. 11-12, Series of 2012
SECTION 12. EXECUTION OF REINSTATEMENT PENDING APPEAL. –
 In case the decision includes an order of reinstatement, and the employer disobeys the directive under
the second paragraph of Section 18 of Rule V or refuses to reinstate the dismissed employee,
o 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 non-reinstatement in the
amount specified in the decision.
 The Labor Arbiter shall motu proprio issue a corresponding writ to satisfy the reinstatement wages as
they accrue until actual reinstatement or reversal of the order of reinstatement. (En Banc Resolution
No. 11-12, Series of 2012)
 The Sheriff shall serve the writ of execution upon the employer or any other person required by law to
obey the same.
o If he/she disobeys the writ, such employer or person may be cited for contempt in
accordance with Rule IX. (6a)
SECTION 13. RESOLUTION OF MOTION TO QUASH.
 A motion to quash shall be resolved by the Labor Arbiter within ten (10) working days from filing of
said motion.
o The mere filing of a motion to quash shall not stay execution proceedings. (11a)(As amended
by En Banc Resolution No. 11-12, Series of 2012)
SECTION 14. THIRD PARTY CLAIM.
a) If the property levied is claimed by any person other than the losing party, such person may file a third
party claim not later than five (5) days from the last day of posting or publication of the notice of
execution sale, otherwise the claim shall be forever barred. Such third party claim must comply with
the following requirements:
1. An affidavit stating title to property or right to the possession thereof with supporting
evidence;
2. Posting of a cash or surety bond equivalent to the amount of the claim or judgment award
and in accordance with Section 6 of Rule VI;
3. In case of real property, posting of a refundable cash deposit of Twenty Thousand Pesos
(P20,000) for the payment of republication of notice of auction sale; and
4. Payment of prevailing filing fee. (As amended by En Banc Resolution No. 11-12, Series of
2012
b) Where Filed.
 The third party claim shall be filed with the Commission or Labor Arbiter where the
execution proceeding is pending, with proof of service of copies thereof to the Sheriff and
the prevailing party.
c) Effect of Filing.
 The filing of a third party claim that has complied with the requirements set forth under
paragraph (a) of this Section shall automatically suspend the proceedings with respect to the
execution of the properties subject of the third party claim.
 Upon approval of the bond,
o the Labor Arbiter shall issue an order releasing the levied property or a part thereof
subject of the claim unless the prevailing party posts a counter bond in an amount
not less than the value of the levied property.
 The Labor Arbiter may require the posting of additional bond upon showing by the other
party that the bond is insufficient.
d) Proceedings.
 The propriety of the third party claim shall be resolved within ten (10) working days from
submission of the claim for resolution.
i. The decision of the Labor Arbiter is not appealable but may be elevated to the
Commission and resolved in accordance with Rule XII hereof. Pending resolution
thereof, execution shall proceed against all other properties not subject of the third
party claim. (12a)
 NLRC MANUAL ON EXECUTION OF JUDGMENT e) JUDGMENT

RULE I TITLE AND CONSTRUCTION  as used in this Manual, any order, resolution, award or decision of the National Labor Relations
Commission or any of its Labor Arbiters;
SECTION 1. Title of the Manual.
f) THIRD PARTY CLAIM
 This Manual shall be known as the NLRC MANUAL ON EXECUTION OF JUDGMENT (Sheriffs Manual),
hereafter referred to simply as the Manual.  a claim whereby a person, not a party to the case, asserts title or right to the possession of the
property levied upon.
SECTION 2. Construction.
RULE II THE SHERIFF
 This Manual shall be construed in a manner that shall attain a just, expeditious and inexpensive
execution of a judgment as defined herein. SECTION 1. Duties.

SECTION 3. Suppletory Application of Rules of Court and Jurisprudence.
 In the absence of any applicable provision in this Manual, and in order to carry out its objectives, the
pertinent provisions of the Revised Rules of Court of the Philippines and prevailing jurisprudence may,
in the interest of expeditious execution of a judgment, and whenever practicable and convenient, be
applied by analogy or in a suppletory character and effect.
SECTION 4. Definition of Terms.
For purposes of this Manual, the following terms are defined as follows:
a) SHERIFF
 any public officer tasked with the service or enforcement of writs and processes, including any
judgment as defined herein, performing the duties of a sheriff, and shall include one who has been
designated as special sheriff in accordance with law;
b) WRIT OF EXECUTION
 The sheriff serves all writs, executes all processes and carries into effect any judgment as defined
herein.
SECTION 2. Responsibility and Bond.
 Only bonded sheriffs may serve writs of execution involving the taking, holding or delivering of money
or property in trust for the prevailing party. The bond of the sheriff as required by law shall be
determined by the Commission conditioned, among others, for the delivery or payment to the
government or to the persons entitled thereto of all properties, real or personal, that may officially
come into his control and custody.
SECTION 3. Norm of Conduct.
 The sheriff of the Commission must conduct himself at all times in an upright manner. His first and
primary duty is to implement the writ of execution and, in accomplishing the same, every reasonable
effort should be exercised to achieve the purpose of the writ.

 an Order directing the sheriff to enforce, implement or satisfy the final decisions, orders or awards of
the National Labor Relations Commission or any of its Labor Arbiters.
 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;

c) LEVY

 the act of taking possession, actual or constructive, by the sheriff or duly designated officer, of
sufficient property of the losing party OR OF THE APPEAL BOND POSTED BY THE LATTER to satisfy the
decision, order or award.

d) GARNISHMENT

 the levy of money, goods or chattels and/or an interest thereon, belonging or owing to a losing party
in the possession or control of a third party;
 RULE III THE WRIT OF EXECUTION
SECTION 1. Execution Upon Final Judgment or Order.
 Execution shall issue only upon a judgment or order that finally disposes of an action or proceeding,
except in specific instances where the law provides for execution pending appeal.
SECTION 2. Issuance, Form and Contents of a Writ of Execution.
The writ of execution must issue in the name of the Republic of the Philippines from the National Labor Relations
Commission or any of its Labor Arbiters, requiring the sheriff or duly designated officer to execute their
judgment; 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,
o 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,
o such writ shall be served by the sheriff upon the losing party or upon any other person
required by law to obey the same.
o 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;
c) THE POSTING OF A BOND BY THE EMPLOYER SHALL NOT STAY THE EXECUTION OF AN ORDER FOR
REINSTATEMENT.
SECTION 3. Execution in Case of Death of Party.
Where a party dies after the finality of the decision/entry of judgment or order, execution thereon may issue or
one already issued may be enforced in the following cases:
a) In case of death of the prevailing party,
o upon FILING OF MOTION FOR SUBSTITUTION OF PARTY BY THE HEIRS, SUCCESSORS-IN-
INTEREST, EXECUTOR OR ADMINISTRATOR;
b) In case of death by the losing party,
o AFTER APPROPRIATE TESTATE OR INTESTATE PROCEEDINGS AGAINST his successors-in-
interest, executor or administrator;
c) In case of death of the losing party after execution AND ACTUAL LEVY upon any of his property,
o the same may be sold for the satisfaction thereof, and the sheriff making the sale shall
account to his HEIRS, successors-in-interest, executor or administrator for any surplus in his
hands.
SECTION 4. Issuance of a Writ.
 Execution shall issue upon an order, resolution or decision that finally disposes of the actions or
proceedings and AFTER the counsel of record and the parties have been duly furnished with the copies
of the same in accordance with the NLRC Rules of Procedure, provided:
a) The Commission or Labor Arbiter shall, motu propio or upon motion of any interested party,
issue a writ of execution on a judgment only within five (5) years from the date it becomes
final and executory.
 No motion for execution shall be entertained nor a writ be issued UNLESS the
Commission or Labor Arbiter is in possession of the records of the case which shall
include an entry of judgment where the case has been appealed
 EXCEPT IN CASES OF REINSTATEMENT PENDING APPEAL AND IN THOSE
CASES WHERE PARTIAL EXECUTION IS ALLOWED BY LAW, WHERE THE
LABOR ARBITER SHALL RETAIN DUPLICATE ORIGINAL COPIES OF THE
DECISION TO BE IMPLEMENTED AND PROOF OF SERVICE THEREOF FOR
THE PURPOSE OF ITS IMMEDIATE ENFORCEMENT.
b) The Secretary of Labor and Employment OR the Chairman of the Commission may designate
special sheriffs and take any measure under existing laws to ensure compliance of their
decisions, orders or awards and those of the Labor Arbiters, including the imposition of
administrative fines, which shall not be less than five hundred pesos (P500.00) nor more than
ten thousand pesos (P10,000.00).
c) The Secretary of Labor and Employment, OR the Commission, OR any Labor Arbiter, in
appropriate cases, may deputize the Philippine National Police or any law enforcement
agencies TO ASSIST in the enforcement of final awards, orders or decisions.
SECTION 5. RESOLUTION OF MOTION TO QUASH.
 IN CASE THE AGGRIEVED PARTY FILES A MOTION TO QUASH,
o SAID MOTION SHALL BE RESOLVED BY THE LABOR ARBITER WITHIN TEN (10) DAYS FROM
SUBMISSION OF SAID MOTION FOR RESOLUTION.
o AN APPEAL FROM THE ORDER OF THE LABOR ARBITER RESOLVING THE MOTION TO QUASH
MAY BE TREATED AS A PETITION FOR INJUNCTION UNDER PARAGRAPH (e) OF ARTICLE 218 IF
THE LABOR CODE, AS AMENDED, IF THE SAME SATISFIES THE REQUIREMENTS PROVIDED FOR
BY LAW.
SECTION 6. Execution by Independent Action.
 A judgment, after the lapse of five (5) years from the date it becomes final and executory and before it
is barred by prescription, may only be enforced by AN INDEPENDENT action.
SECTION 7. Control and Supervision over the Sheriff.
 The Commission or Labor Arbiter issuing the writ shall have full control and supervision over the sheriff
assigned to enforce the same.
 RULE IV EXECUTION
SECTION 1. Properties Exempt from Execution.
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.
SECTION 2. Execution of Money Judgment.
 The sheriff or duly designated officer shall enforce the execution of a money judgment
o by levying on all the properties, real and personal, of the losing party of whatever name and
nature whatsoever, and which may be disposed of for value, not exempt from execution, or
on a sufficient amount of such property, if there be sufficient and selling the same at public
auction to the highest bidder, and depositing the proceeds thereof with the cashier of the
National Labor Relations Commission and that the same shall be released only upon orders
from the Commission or Labor Arbiter concerned.
 Where payment s are made in checks, the same shall be issued in the name of the
National Labor Relations Commission.
o Any excess in the proceeds of the sale over the judgment and the accruing costs shall be
delivered by the proper cashier to the losing party who owns the property sold unless
otherwise directed by the judgment or order.
o When there is more property of the losing party than is sufficient to satisfy the judgment or
award and accruing costs, within the view of the officer, he shall levy only on such part of the
property as is amply sufficient to satisfy the judgment and costs.
SECTION 3. Voluntary Satisfaction of Money Judgment.
 Any voluntary tender of payment by the losing party shall be effected by depositing the same with the
cashier of the National Labor Relations Commission and shall be released only upon orders from the
Commission or Labor Arbiter who issued the writ.
RULE V LEVY
SECTION 1. Levy on Personal Property.
 To constitute a valid levy on personal property, the sheriff must take possession and control of the
same in the following manner:
a) Personal property capable of manual delivery,
 by taking and safely keeping it in his capacity as sheriff after issuing the
corresponding receipt therefor;
b) Stocks shares, or an interest in stocks or shares, of any corporation or company,
 by leaving with the president or managing agent thereof, a copy of the decision,
order or award, and a notice stating that the stock or interest of the party against
whom the levy is issued, is levied pursuant thereto;
c) Debts and credits, and other personal property not capable of manual delivery,
 by leaving with the person owing such debts, or having in his possession or under
his control, such credits or other personal property, or with his agent, a copy of the
decision, order or award, and notice that the debts owing by him to the party
against whom the levy is issued, and the credits and other personal property in his
possession, or under his control, belonging to said party are levied in pursuance of
such decisions, order or award;
d) The interest of the prevailing party against whom levy is issued in property belonging to the
estate of a decedent, whether as heir legatee or devisee,
 by serving to the executor or administrator or other personal representative of the
decedent a copy of the decision, order or award and a notice that said interest is
levied. A copy of said decision, order or award, and notice shall also be filed with
the Office of the Clerk of Court in which said estate is being settled and served
upon the heir, legatee or devisee concerned. If the property sought to be levied is
in custodia legis, a copy of the decision, order or award, and notice shall be filed
with the proper court, and notice of levy served upon the custodian of such
property.
SECTION 2. Effect of Garnishment.
 Garnishment is effected by the sheriff or authorized officer
a) by serving a notice thereof to the third party who has possession or control of such money,
goods, chattels and/or any interest therein, belonging or owing to the losing party directing
or requiring him (garnishee) to hold the same subject to further orders from the Commission
or Labor Arbiter who issued the writ.
b) Where the property garnished consists of money deposited with a bank or third party, the
Commission or Labor Arbiter shall order that the same shall only be released to the cashier of
the NLRC.
SECTION 3. Levy on Real Property.
Real property or any interest therein may be levied in the following manner:
a) Real property, or growing crops thereon, standing upon the records of the register of deeds of the
province or city in the name of the party against whom levy is issued, not appearing at all upon such
records,
a. by filing with the register of deeds a copy of the decision, order, or award, together with a
description of the property levied, and a notice that it is levied upon and by leaving a copy of
such decision, order or award, description, and notice with the occupant of the property, if
there is any.
b. When the property has been brought under the operation of the land registration system,
the notice shall contain a reference to the number of the certificate of title and the volume
and page in the registration book where the certificate is registered.
c. The register of deeds must index levies filed under this paragraph in the name of both the
prevailing party and the losing party;
b) Real property, or growing crops thereon or any interest therein, belonging to the party against whom
levy is issued, and held by any other person or standing on the records of the register of deeds in the
name of any other person,
a. by filing with the register of deeds a copy of the decision, order or award, together with a
description of the property, and a notice that such real property, and any interest therein of
said property, held or standing, in the name of such other persons, naming him are levied by
leaving with the occupant of the property, if any, and with such other persons, or his agents,
if found within the province or city or at the residence of either, if within the province or city,
a copy of such decision, order or award, description and notice.
b. When the property has been brought under the operation of the land registration system,
the notice shall contain a reference to the number of the certificate of title and the volume
and page in the registration book where the certificate is registered.
c. The register of deeds must index levies filed under this paragraph in the name of the
prevailing party, the losing party and of the person whom the property is held or in whose
name it stands on the records.
SECTION 4. Effect of Levy.
 The levy on execution shall create a lien in favor of the prevailing party over the right, title or interest
of the losing party in such property at the same time of the levy.
SECTION 5. Effect of Levy on Debts and Credits.
 All persons having in their possession or under their control any credit or other similar personal
property belonging to the party against whom levy is issued, or owing any debt to the latter, at the
time of service upon them a copy of the decision, order or award, and notice, shall be liable to the
prevailing party for the amount of such credits, debts or other property, until the levy is discharged, or
any judgment recovered by him is satisfied, unless such property is delivered or transferred, or such
debts are paid, to the sheriff or duly designated officer of the National Labor Relations Commission.
RULE VI THIRD PARTY CLAIM
SECTION 1. Proceedings
 SHOULD A THIRD PARTY CLAIM BE FILED DURING EXECUTION OF THE JUDGMENT AWARD, THE THIRD
PARTY CLAIMANT shall EXECUTE an affidavit STATING his title TO PROPERTY or possession thereof
WITH SUPPORTING EVIDENCE and shall file the same with the sheriff and copies thereof served upon
the Commission or Labor Arbiter who issued the writ and upon the prevailing party. Upon receipt of
the third party claim, all proceedings, with respect to the execution of the property subject of the third
party claim, shall automatically be suspended.
 The Commission or Labor Arbiter who issued the writ
a) MAY REQUIRE THE THIRD PARTY CLAIMANT TO ADDUCE ADDITIONAL EVIDENCE IN SUPPORT
OF HIS AFFIDAVIT OF THIRD PARTY CLAIM AND TO POST A CASH OR SURETY BOND
EQUIVALENT TO THE AMOUNT OF HIS CLAIM AS PROVIDED FOR IN SECTION 6, RULE VI, OF
THE NLRC RULES OF PROCEDURE, WITHOUT PREJUDICE TO THE POSTING BY THE PREVAILING
PARTY OF A SUPERSEDEAS BOND IN AN AMOUNT EQUIVALENT TO THAT POSTED BY THE
THIRD PARTY CLAIMANT.
 The PROPRIETY of the THIRD PARTY claim SHALL BE RESOLVED within t en (10) working days from
SUBMISSION OF THE CLAIM FOR RESOLUTION. The decision OF the Labor Arbiter is appealable to the
Commission within ten (10) working days from notice AND the Commission shall resolve the appeal
within the same period.
RULE VII SALE OF PROPERTY ON EXECUTION
SECTION 1. Notice of Sale.
No sale of property on execution shall proceed without notice of sale describing the property to be sold, its
location, the date, time and place of sale and terms and conditions thereof.
a) In case of perishable property,
a. by posting written notice of the time and place of the sale in three (3) public places in the
municipality or city, where the sale is to take place, for such time as the sheriff may deem
reasonable, considering the character and condition of the property;
b) In case of other personal property,
a. by posting a similar notice in three (3) public places in the municipality or city where the sale
is to take place, for not less than five (5) nor more than ten (10) days;
c) In case of real property,
a. by posting for twenty (20) days a notice in three (3) public places in the municipality or city
where the property is situated, a similar notice particularly describing the property and
stating where the property is to be sold, and,
b. if the assessed value of the property exceeds fifty thousand pesos (P50,000.00),
i. by publishing a copy of the notice once a week for two (2) consecutive weeks, in a
newspaper of general circulation in the province or city, if there be one. If there
are newspapers published in the province or city in English and/or Filipino, then the
publication shall be made in one such newspaper;
d) In all cases,
a. written notice of the sale shall be given to the losing party;
 e) An officer selling without the notice prescribed in the preceding sections shall forfeit five thousand
pesos (P5,000.00) to any party injured thereby, in addition to his actual damages, both to be
recovered in a single proper action; and a person willfully removing or defacing the notice posted, if
done before the sale, shall forfeit five thousand pesos (P5,000.00) to any person injured by reason
thereof, to be recovered in any proper action. An execution sale without the valid levy and notice of
sale as herein provided is null and void and vests no title in the purchaser.
SECTION 2. No Sale if Judgment and Costs Paid.
 At any time before the sale of property on execution,
a) the losing party may prevent the sale by paying the amount required by the execution and
the costs that have been incurred therein.
SECTION 3. How Property Sold on Execution.
 All sales of property under execution shall be made at public auction, to the highest bidder, between
the hours of nine in the morning and five in the afternoon. (9-5pm)
 After sufficient property has been sold to satisfy the execution, no more shall be sold.
 When the sale is of real property, consisting of several known lots, they shall be sold separately; or
when a portion of such real property is claimed by a third person,
a) he may require it to be sold separately.
 When the sale is of personal property capable of manual delivery,
a) it shall be sold within the view of those attending the sale and in such parcel s as are likely to
bring the highest price.
 The losing party, if present at the sale, may direct the order in which property, real or personal, shall
be sold,
a) when such property consists of several known lots or parcels which can be sold to advantage
separately.
 Neither the sheriff nor duly designated officer holding the execution can become a purchaser, nor be
interested directly or indirectly in any purchase at such sale.
SECTION 4. Refusal of Purchaser to Pay.
 If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under
execution, the sheriff may again sell the property to the highest bidder and shall not be responsible for
any loss occasioned thereby; but the Commission or Labor Arbiter who issued the writ of execution
may order the refusing purchaser to pay to the former the amount of such loss, with costs, and may
punish him for contempt if he disobeys the order.
 The amount of such payment shall be for the benefit of the person entitled to the proceeds of the
execution, unless the execution has been fully satisfied, in which event, such proceeds shall be for the
benefit of the losing party.
 When a purchaser refuses to pay, the sheriff may thereafter reject any subsequent bid of such person.
SECTION 5. Prevailing Party as Purchaser.
 When the purchaser is the prevailing party, and no third party claim has been filed, he need not pay
the amount of the bid if it does not exceed the amount of the judgment.
 If it does, he shall pay only the excess.
SECTION 6. Adjournment of Sale.
 By written consent of the prevailing party and losing party, the sheriff may adjourn any sale on
execution to any date agreed upon in writing by the parties. Without such agreement, he may adjourn
the sale from day to day, if it becomes necessary to do so for lack of time to complete the sale on the
day fixed in the notice.
SECTION 7. Conveyance to Purchaser of Personal Property Capable of Manual Delivery.
 When the purchaser of any personal property capable of manual delivery pays the purchase price, the
sheriff making the sale shall deliver the property to the purchaser and, if desired, execute and deliver
to him a certificate of sale. The sale conveys to the purchaser all the rights which the losing party has in
such property on the day of its levy.
SECTION 8. Conveyance to Purchaser of Personal Property Not Capable of Manual Delivery.
 When the purchaser of any personal property not capable of manual delivery pays the purchase price,
the sheriff making the sale shall execute and deliver to the purchaser a certificate of sale. Such
certificate conveys to the purchaser all the rights which the losing party has in such property on the
day of its levy.
SECTION 9. Conveyance of Real Property. Certificate Thereof Given to Purchaser and Filed with the Register of
Deeds.
Upon a sale of real property, the sheriff shall give to the purchaser a certificate of sale containing:
a) A particular description of the real property sold;
b) The price paid for each distinct lot or parcel;
c) The whole price paid by him.
A duplicate of such certificate shall be filed by the sheriff with the Office of the Register of Deeds of the province
or city where the property is located.
SECTION 10. Certificate of Sale When Property is Claimed by Third Party.
 When a property sold by virtue of a writ of execution is claimed by a third party, the certificate of sale
to be issued by the sheriff pursuant to preceding sections 7, 8 and 9 shall indicate therein such third
party claim.
SECTION 11. Redemption of Real Property Sold; Who may Redeem.
 Real property sold as provided in the last preceding section or any part thereof separately, may be
redeemed in the manner hereinafter provided, by the following parties/persons:
a) The losing party, or his successor in interest in the whole or any part of the property;
b) A creditor having a lien by attachment, judgment or mortgage on the property sold, or on
some part thereof, subsequent to the judgment under which the property was sold. Such
redeeming creditor is termed a redemptioner.
SECTION 12. Time and Manner of, and Amounts Payable on, Successive Redemptions. Notice to be Given and
Filed.
 The losing party, or redemptioner, may redeem the property from the purchaser, at any time within
twelve (12) months after the sale,
a) by paying the purchaser the amount of his purchase, with one per centum per month
interest thereon, in addition, up to the time of redemption, together with the amount of any
assessments or taxes which the purchaser may have paid thereon after purchase and interest
on such last-named amount at the same rate; and if the purchaser be also a creditor having a
prior lien to that of the redemptioner, other than the judgment under which such purchase
was made, the amount of such other lien, with interest.
b) Property so redeemed may again be redeemed within sixty (60) days after the last
redemption upon payment of the sum paid in the last redemption, with two per centum
thereon in addition, and the amount of any assessments or taxes which the last
redemptioner may have paid thereon after redemption by him, with interest on such last-
named amount, and in addition, the amount of any liens held by said last redemptioner prior
to his own, with interest.
c) The property may be again, and as often as a redemptioner is so disposed, redeemed from
any previous redemptioner within sixty (60) days after the last redemption, by paying the
sum paid on the last previous redemption, with two per centum thereon in addition, and the
amount of any assessments or taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount of any liens held by the last
redemptioner prior to his own, with interest.
 Written notice of any redemption must be given to the sheriff who made the sale a duplicate filed with
the Register of Deeds of the province or city, and if any assessments or taxes are paid by the
redemptioner or if he has or acquires any lien other than that upon which the redemption was made,
notice thereof must in like manner be given to the sheriff and filed with the register of deeds; if such
notice be not filed, the property may be redeemed without paying such assessments, taxes or liens.
SECTION 13. Effect of Redemption by Losing Party, and a Certificate to be Delivered and Recorded Thereupon;
To Whom Payments on Redemption Made.
 If the losing party redeems, he shall make the same payments as are required to effect a redemption
by a redemptioner, whereupon the effect of the sale is terminated and he is restored to his estate, and
the person to whom the payment is made shall execute and deliver to him a certificate of redemption
acknowledged or approved before a notary public or other officer authorized to take
acknowledgments of conveyances of real property.
 Such certificate must be filed and recorded in the office of the Register of Deeds of the province or city
in which the property is situated, and the Register of Deeds must note the record thereof on the
margin of the record of the certificate of sale.
 The payments mentioned in this and the last preceding sections may be made to the purchaser or
redemptioner, or for him to the sheriff or duly designated officer who made the sale.
SECTION 14. Proof Required of Redemptioner.
 A redemptioner shall produce to the sheriff, or person from whom he seeks to redeem, and serve with
his notice to the sheriff:
a) A copy of the judgment or order under which he claims the right to redeem, certified by the
proper officer wherein the judgment is docketed; or, if he redeems upon a mortgage or other
liens, a memorandum of the record thereof, certified by the Register of Deeds;
b) A copy of any assignment necessary to establish his claim, verified by the affidavit of himself,
or of a subscribing witness thereto;
c) An affidavit by himself or his agent, showing the amount then actually due on the lien.
SECTION 15. Deed and Possession to be given at Expiration of Redemption Period; by whom executed or given.
 If no redemption be made within twelve (12) months after the sale, the purchaser, or his assignee, is
entitled to a conveyance and possession of the property; or, if so redeemed whenever sixty (60) days
have elapsed and no other redemption has been made, and notice thereof given, and the time of
redemption has expired, the last redemptioner, or his assignee, is entitled to the conveyance and
possession; but in all cases, the losing party shall have the entire period of twelve (12) months from
date of the registration of the sale to redeem the property.
 The deed shall be executed by the sheriff making the sale or by his successor in office, and in the latter
case, shall have the same validity as though the sheriff making the sale has continued in office and
executed it.
 Upon the execution and delivery of said deed, the purchaser, or redemptioner, or his assignee, shall be
substituted to and acquire all the rights, title, interest and claim of the losing party to the property as
of the time of levy, except as against the losing party in possession, in which case, the substitution shall
be effective as of the date of the deed.
 The possession of the property shall be given to the purchaser or last redemptioner by the same sheriff
unless a third party is actually holding the property adversely to the losing party.

SECTION 16. Recovery of Price If Sale Not Effective; Revival of Judgment.
 If the purchaser of real property sold on execution, or his successor in interest fails to recover the
possession thereof, or is evicted therefrom in consequence of irregularities in the proceedings
concerning the sale, or because the property sold was exempt from execution, or because a third
party has vindicated his claim to the property, he may, in a proper action, recover from the prevailing
party the price paid, with interest, or so much thereof as has not been delivered to the losing party; or
he may, on motion after notice, have the original judgment revived in his name for the whole price
with interest, or so much thereof as has been delivered to the losing party. The judgment so revived
shall have the same force and effect as an original judgment would have as of the date of the revival.
RULE VIII SHERIFFS RETURN
SECTION 1. Return of Writ of Execution.
 The writ of execution shall be made returnable to the Commission or Labor Arbiter who issued it at any
time not less than ten (10) nor more than ONE HUNDRED EIGHTY (180) days after its receipt by the
sheriff who shall set forth in writing the whole proceedings and file it with the Commission or Labor
Arbiter to form part of the records of the case.
 Failure to make the return within the stated period shall subject the sheriff to a fine of not less than
five hundred pesos (P500.00), or suspension for fifteen (15) days without pay or both.
SECTION 2. Prohibition.
 In the event the judgment or order is returned unsatisfied, either wholly or partially, the sheriff shall
no longer execute the judgment or order unless an alias writ of execution is duly issued.
SECTION 3. Break Open Order; When Issued.
 Should the LOSING PARTY, his agent or representative refuse or prohibit the sheriff or his authorized
representative entry to the place where the property subject of execution is located or kept, the
PREVAILING PARTY may apply for a break open order to the Commission or Labor Arbiter concerned
WHO, after due notice and hearing, SHALL ISSUE SUCH ORDER WHICH IS IMMEDIATELY EXECUTORY.
RULE IX MISCELLANEOUS PROVISIONS
SECTION 1. Hours and Days When Writ Shall Be Served.
 Writ of Execution shall be served at any day, except Saturdays, Sundays, and holidays, between the
hours of eight in the morning and five in the afternoon. If, by nature of the losing party's business, it
requires the implementation of the same beyond the period provided herein, a written authorization
must be secured by the sheriff or duly designated officer from the Commission or Labor Arbiter who
issued the writ.
SECTION 2. Sheriff’s Report.
 The Sheriff enforcing the writ of execution shall make a REGULAR status report on its implementation
to the Commission or Labor Arbiter who issued the same. Standard forms shall be made available to
the sheriff in compliance with this provision.
SECTION 3. Assignment of Writs of Execution.
 The Commission or Labor Arbiters issuing the writs of execution, in coordination with the Executive
Labor Arbiter, shall conduct a raffle for purposes of assigning writs of execution to the sheriff/s.
SECTION 4. Storage of Levied Property.
 To avoid pilferage or damage to levied property, the same shall be inventoried and stored in a bonded
warehouse, wherever available, or in a secured place as may be determined by the LABOR ARBITER OR
THE COMMISSION with notice to the losing party or third party claimant. For this purpose, the sheriff
shall inform the Commission or Labor Arbiter concerned of the corresponding storage fees,
CHARGEABLE TO THE PREVAILING PARTY.
SECTION 5. Referral of Questions Relative to Writ Enforcement.
Questions relative to writ of enforcement shall be referred to the Commission or Labor Arbiter who issued the
writ for resolution.
SECTION 6. Cash Advance and Execution Fees.
 Sheriffs or duly designated officers shall be provided at the beginning of the month with a cash
advance not exceeding TWO THOUSAND PESOS (P2,000.00) for transportation expenses which shall be
liquidated at the end of the month with a statement of expenses and itinerary of travel duly approved
by the Commission or Labor Arbiter issuing the writ.
 The sheriff or duly designated officer shall collect the following execution fees which shall be charged
against the losing party:
1. For awards less than P5,000.00 – P200.00;
2. P5,000.00 or more but less than P20,000.00 – P400.00;
3. P20,000.00 or more but less than P50,000.00 – P600.00;
4. P50,000.00 or more but not less than P100,000.00 – P800.00;
5. P100,000.00 or more but not exceeding P150,000.00–P1,000.00;
6. P150,000.00 the fee is plus P10.00 for every P1,000.00 in excess of P150,000.00
 Pre-execution conference Extraordinary Remedies from order or resolution of Labor Arbiter

SECTION 6. PRE-EXECUTION CONFERENCE. SECTION 1. VERIFIED PETITION.

 Within two (2) working days from receipt of a motion for the issuance of a writ of execution which shall
be accompanied by a computation of a judgment award, if necessary, the Commission or the Labor
Arbiter may schedule a pre-execution conference to thresh out matters relevant to execution including
the final computation of monetary award. The pre-execution conference shall not exceed fifteen (15)
calendar days from the initial schedule, unless the parties agreed to an extension.
 Any order issued by the Labor Arbiter in the pre-execution conference is not appealable, subject to the
remedies available under Rule XII
 A party aggrieved by any order or resolution of the Labor Arbiter including those issued during
execution proceedings may file a verified petition to annul or modify such order or resolution.
 The petition may be accompanied by an application for the issuance of a temporary restraining order
and/or writ of or permanent injunction to enjoin the Labor Arbiter, or any person acting under his/her
authority, to desist from enforcing said resolution or order.
SECTION 2. GROUNDS.

The petition filed under this Rule may be entertained only if there is no appeal or any other plain, speedy and
adequate remedy in the ordinary course of law, and based on any of the following grounds:
Issuance of writ and quashal of write of execution
a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
SECTION 7. ISSUANCE, CONTENTS AND EFFECTIVITY OF A WRIT OF EXECUTION. b) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or
irreparable damage or injury to the petitioner;
 The writ of execution shall issue in the name of the Republic of the Philippines signed by the c) If a party by fraud, accident, mistake or excusable negligence has been prevented from taking an
Commission or Labor Arbiter ordering the Sheriff to execute the decision, order, or award of the appeal;
Commission or Labor Arbiter, and must contain the complete name of the party, whether natural or d) If made purely on questions of law; or
juridical, against whom the writ of execution was issued, the dispositive portion thereof, the amount, if e) If the order or resolution will cause injustice if not rectified. (As amended by En Banc Resolution No.
any, to be demanded, and all legal fees to be collected from the losing party or any other person 05-14, Series of 2014)
required by law to obey the same.
 A writ of execution shall be effective for a period of five (5) years from date of entry of judgment or SECTION 3. WHEN AND WHERE FILED.
issuance of certificate of finality. In case of partial satisfaction of judgment during the lifetime of the
writ, the Labor Arbiter shall motu proprio issue an updated writ reflecting the amount collected and  Not later than ten (10) calendar days from receipt of the order or resolution of the Labor Arbiter,
the remaining balance. (3a)(As amended by En Banc Resolution No. 11-12, Series of 2012) o the aggrieved party may file a petition with the Commission furnishing a copy thereof to the
adverse party.
SECTION 13. RESOLUTION OF MOTION TO QUASH.
SECTION 4. REQUISITES OF THE PETITION.
 A motion to quash shall be resolved by the Labor Arbiter within ten (10) working days from filing of
The petition filed under this Rule shall:
said motion. The mere filing of a motion to quash shall not stay execution proceedings. (11a) (As
a) be accompanied by a clear original or certified true copy of the order or resolution assailed, together
amended by En Banc Resolution No. 11-12, Series of 2012)
with clear copies of documents relevant or related to the said order or resolution for the proper
understanding of the issue/s involved;
b) contain the arbitral docket number and appeal docket number, if any;
c) state the material date showing the timeliness of the petition;
d) be verified by the petitioner himself/herself in accordance with Section 4, Rule 7 of the Rules of Court,
as amended;
e) be in the form of a memorandum which shall state the ground/s relied upon, the argument/s in
support thereof and the reliefs prayed for;
f) be in three (3) legibly written or printed copies; and
g) be accompanied by:
i. certificate of non-forum shopping;
ii. proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution
being assailed or questioned; and
iii. proof of payment of the required fees.

SECTION 5. THE PUBLIC AND PRIVATE RESPONDENTS IMPLEADED IN THE PETITION.
 The Labor Arbiter shall be jointly impleaded with the private respondent as a public respondent in a
nominal capacity.
 As used in this Rule, the private respondent refers to the party interested in sustaining the order or
resolution of the Labor Arbiter.
 It shall be the duty of the private respondent to appear and defend, both in his/her behalf and that of
the public respondent, and the cost awarded in such proceedings in favor of the petitioner shall be
against the private respondent only.
 The public respondent shall not appear or file an answer or comment to the petition or any pleading
therein.
SECTION 6. SERVICE AND FILING OF PLEADINGS.
 The party filing the pleadings shall serve the other party with copies thereof in accordance with Rule 13
of the Rules of Court furnishing the Labor Arbiter with a copy.
 If the last day to serve and file a pleading falls on a Saturday, Sunday or holiday, the pleading shall be
served and filed on the first working day immediately following such Saturday, Sunday or Holiday.
SECTION 7. ANSWER TO THE PETITION.
 Within ten (10) calendar days from the receipt of the petition, the private respondent shall file his/her
answer therein stating the ground/s why the petition should be denied. Failure on the part of the
private respondent, to file his/her answer within the said period may be construed as a waiver to file
the same.
SECTION 8. OPPOSITION TO THE INJUNCTIVE RELIEF; WHEN FILED.
 In case the petitioner also prays for an injunctive relief, the private respondent may file his/her verified
opposition or comment to the application for injunctive relief not later than five (5) calendar days from
receipt of a copy of the petition.
SECTION 9. EFFECT OF FILING OF PETITION.
 Upon filing of the petition, the proceedings before the Labor Arbiter shall continue unless restrained.
 In case of execution,
o the proceedings in accordance with Rule XI of these Rules shall not be suspended, but no
money collected or credit garnished may be released or personal properties levied upon be
sold by public auction within fifteen (15) calendar days from the filing of the petition.
o If no temporary restraining order or writ of preliminary injunction is issued within the said
period, the money collected or credit garnished shall be released and/or the properties
levied upon sold by public auction and the proceeds of the sale applied, to satisfy the
judgment.
 In case of execution proceedings,
o the Labor Arbiter shall immediately inform in writing the Commission or the Division where
the petition is pending of the satisfaction of the judgment, and, if circumstances warrant, the
Commission shall dismiss the petition for being moot.
 The records of the case shall not be elevated to the Commission unless otherwise ordered, in which
case the execution proceeding shall continue pursuant to the first paragraph hereof, with the Labor
Arbiter retaining copies of documents relevant and necessary for this purpose. (As amended by En
Banc Resolution No. 05-14, Series of 2014)
SECTION 10. VERIFIED APPLICATION, ISSUANCE OF TEMPORARY RESTRAINING ORDER OR PRELIMINARY
INJUNCTION; BOND.
 Upon the filing of a verified application for injunctive relief, together with supporting affidavits and
documents,
o the Commission may issue a writ of a preliminary injunction based on any of the applicable
grounds provided for in Section 3, Rule 58 of the Rules of Court for the preservation of the
rights of the parties pending resolution of the petition.
o The writ of preliminary injunction shall be effective for a non-extendible period of sixty (60)
calendar days from service on the private respondent.
 If it shall appear from facts shown by the verified application and affidavits that great and irreparable
damage and/or injury would result to the petitioner before the petition can be resolved,
o the Commission may issue a temporary restraining order ex-parte effective for a non-
extendible period of twenty (20)calendar days from service on the private respondent.
 In the issuance of a temporary restraining order or writ of preliminary injunction,
o the Commission shall require the posting of a cash bond in the amount of Fifty Thousand
Pesos (P50,000.00), or such higher amount as may be determined by the Commission, to
recompense those enjoined for any loss, expense or damage caused by the improvident or
erroneous issuance of such order or injunction, including all reasonable costs.
 An additional cash bond may be required by the Commission in the issuance of a writ of preliminary
injunction.
SECTION 11. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER OR WRIT OF PRELIMINARY INJUNCTION.
 The temporary restraining order or writ of preliminary injunction shall become effective only upon
posting of the required cash bond.
 In the event that the application for a writ of preliminary injunction is denied or not resolved within the
said period, the temporary restraining order is deemed automatically vacated.
 The application for a temporary restraining order or a writ of preliminary injunction may be denied, or
if granted, may be dissolved, on any grounds provided for in Section 6, Rule 58 of the Rules of Court.
SECTION 12. EFFECT OF INJUNCTION.
 The issuance of a temporary restraining order or a writ of preliminary injunction, unless otherwise
declared by the Commission, shall not suspend the proceedings before the Labor Arbiter or stay the
implementation of the writ of execution but shall only restrain or enjoin such particular act/s as therein
decreed to be restrained or enjoined.
SECTION 13. RESOLUTION OF PETITION.
If the Commission finds that the allegations of the petition are true, it shall:
a) render judgment for the relief prayed for or to which the petitioner is entitled; and/or
b) grant a final injunction perpetually enjoining the Labor Arbiter or any person acting under his/her
authority from the commission of the act/s or confirming the preliminary injunction.
 However, the Commission may dismiss the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require
consideration, or when an appeal or any other plain, speedy and adequate remedy in the ordinary
course of law is available. (As amended by En Banc Resolution No. 05-14, Series of 2014)
SECTION 14. RECOVERY FROM THE INJUNCTION BOND.
 The amount of damages that may be recovered by the private respondent from the injunction bond of
the petitioner shall be ascertained and awarded in the decision/order/resolution finally disposing of
the issue on the application for injunction.
SECTION 15. NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR ARBITER ARISING FROM
EXECUTION PROCEEDINGS OR OTHER INCIDENTS.
 Except by way of a petition filed in accordance with this Rule, no appeal from the order or resolution
issued by the Labor Arbiter during the execution proceedings or in relation to incidents other than a
decision or disposition of the case on the merits, shall be allowed or acted upon by the Commission.
Appellate Remedies
Special Civil Action (Rule 65, 1997 Rules of Civil Procedure) RULE 65
CERTIORARI, PROHIBITION AND MANDAMUS
Section 1. Petition for certiorari.
 When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or
in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course
of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainty and praying that judgment be rendered annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental reliefs as law and justice may require.
 The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (1a)
Section 2. Petition for prohibition.
 When the proceedings of any tribunal, corporation, board, officer or person, whether exercising
judicial, quasi -judicial or ministerial fun functions, are without or in excess of its or his jurisdiction, or
with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby
may file a verified petition in the proper court, alleging the facts with certainty and praying that
judgment be rendered commanding the respondent to desist from further proceedings in the action or
matter specified therein, or otherwise granting such incidental reliefs as law and justice may require.
 The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (2a)
Section 3. Petition for mandamus.
 When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully
excludes another from the use and enjoyment of a right or office to which such other is entitled, and
there is no other plain, speedy and adequate remedy in the ordinary course of law, the person
aggrieved thereby may file a verified petit ion in the proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the respondent, immediately or at some other time
to be specified by the court, to do the act required to be done to protect the rights of the petitioner,
and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent.
 The petition shall also contain a sworn certification of non-forum shopping as provided in the third
paragraph of section 3, Rule 46. (3a)
Section 4. When and where to file the petition.
 The petition shall be filed not later than sixty (60) days from notice of the judgment, order or
resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is
required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the
denial of the motion.
 If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an
officer or a per son, it shall be filed with the Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. It may also be filed with the Court of Appeals or wi h
the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition
involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these
rules, the petition shall be filed with and be cognizable only by the Court of Appeals.
 In election cases involving an act or an omission of a municipal or a regional trial court, the petition
shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.
Section 6. Order to comment.
 If the petition is sufficient in form and substance to justify such process, the court shall issue an order
requiring the respondent or respondents to comment on the petition within ten (10) days from receipt
of a copy thereof. Such order shall be served on the respondents in such manner as the court may
direct together with a copy of the petition and any annexes thereto.
 In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section
2, Rule 56, shall be observed. Before giving due course thereto, the court may require the respondents
to file their comment to, and not a motion to dismiss, the petition. Thereafter, the court may require
the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper.
(6a)
Section 7. Expediting proceedings; injunctive relief.
 The court in which the petition is filed may issue orders expediting the proceedings, and it may also
grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights
of the parties pending such proceedings. The petition shall not interrupt the course of the principal
case, unless a temporary restraining order or a writ of preliminary injunction has been issued, enjoining
the public respondent from further proceeding with the case.
 The public respondent shall proceed with the principal case within ten (10) days from the filing of a
petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a
preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the
principal case may be a ground for an administrative charge.
Section 8. Proceedings after comment is filed.
 After the comment or other pleadings required by the court are filed, or the time for the filing thereof
has expired, the court may hear the case or require the parties to submit memoranda. If, after such
hearing or filing of memoranda or upon the expiration of the period for filing, the court finds that the
allegations of the petition are true, it shall render judgment for such relief to which the petitioner is
entitled.
 However, the court may dismiss the petition if it finds the same patently without merit or prosecuted
manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration.
In such event, the court may award in favor of the respondent treble costs solidarily against the
petitioner and counsel, in addition t o subjecting counsel to administrative sanctions under Rules 139
and 139-B of the Rules of Court.
 The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or
measures on erring lawyers for patently dilatory and unmeritor ious petitions for certiorari.
Petition for Review on Certiorari (Rule 45)
Section 1. Filing of petition with Supreme Court.
 A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of
Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may
file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only
questions of law which must be distinctly set forth. (1a, 2a)
Section 2. Time for filing; extension.
 The petition shall be filed within fifteen (15) days from notice of the judgment or final order or
resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration
filed in due time after notice of the judgment. On motion duly fi led and served, with full payment of
the docket and other lawful fees and the deposit for costs before the expiration of the reglementary
period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only
within which to file the petition. (1a, 5a
Section 3. Docket and other lawful fees; proof of service of petition.
 Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful
fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the
time of the filing of the petit ion. Proof of service of a copy, thereof on the lower court concerned and
on the adverse party shall be submitted together with the petition. (1a)
Section 4. Contents of petition.
 The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being
indicated as such by the petitioner and shall:
a) state the full name of the appealing party as the petitioner and the adverse party as
respondent, without impleading the lower courts or judges thereof either as petitioners or
respondents;
b) indicate the material dates showing when notice of the judgment or final order or resolution
subject thereof was received, when a motion for new trial or reconsideration, if any, was
filed and when notice of the denial thereof was received;
c) set forth concisely a statement of the matters involved, and the reasons or arguments relied
on for the allowance of the petition;
d) be accompanied by a clearly legible duplicate original, or a certified true copy of the
judgment or final order or resolution certified by the clerk of court of the court a quo and the
requisite number of plain copies thereof, and such material portions of the record as would
support the petition; and
e) contain a sworn certification against forum shopping as provided in the last paragraph of
section 2, Rule 42. (2a)
Section 5. Dismissal or denial of petition.
 The failure of the petitioner to comply with any of the foregoing requirements regarding the payment
of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents
of and the documents which should accompany the petition shall be sufficient ground for the dismissal
thereof
 The Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (3a)
Section 6. Review discretionary.
 A review is not a matter of right, but of sound judicial discretion, and will be granted only when there
are special and important reasons thereof. The following, while neither controlling nor fully measuring
the court's discretion, indicate the character of the reasons which will be considered:
a) When the court a quo has decided a question of substance, not theretofore determined by
the Supreme Court, or has decided it in a way probably not in accord with law or with the
applicable decisions of the Supreme Court; or
b) When the court a quo has so far departed from the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of
the power of supervision. (4a)