Pursuant to the provisions of Article 218 of Presidential

Decree No.442, as amended, otherwise known as the

Labor Code of the Philippines, the following Revised Rules
of Procedure governing arbitration proceedings before the
Labor Arbiters and the Commission are hereby adopted
and promulgated:
RULE I
TITLE AND CONSTRUCTION
Section 1. Title of the Rules. - These Rules shall be known
as the "2005 Revised Rules of Procedure of the National
Labor Relations Commission". chan robles virtual law library
Section 2. Construction. - These Rules shall be liberally
construed to carry out the objectives of the Constitution,
the Labor Code of the Philippines and other relevant
legislations, and to assist the parties in obtaining just,
expeditious and inexpensive resolution and settlement of
labor disputes.
Section 3. Suppletory Application of the Rules of Court. -
In the absence of any applicable provision in these Rules,
and in order to effectuate the objectives of the Labor Code,
the pertinent provisions of the Rules of Court of the
Philippines may, in the interest of expeditious
dispensation of labor justice and whenever practicable and
convenient, be applied by analogy or in a suppletory
character and effect.
RULE II
DEFINITION OF TERMS
Section 1. Definitions. - The terms and phrases defined in
Article 212 of the Labor Code, as amended, shall be given
the same meanings when used herein. chan robles virtual law library
As used herein, "Regional Arbitration Branch" shall mean
any of the regional arbitration branches or sub-regional
branches of the Commission.
RULE III
PLEADINGS, NOTICES AND APPEARANCES
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.
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.
c) No amendment of the complaint or petition shall be
allowed after the filing of position papers, unless with
leave of the Labor Arbiter or the Commission.
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.
Section 3. Issuance of Summons. - Within two (2) days
from receipt of a complaint or amended complaint, the
Labor Arbiter shall issue the required summons, attaching
thereto a copy of the complaint or amended complaint.The
summons shall specify the date, time and place of the
mandatory conciliation and mediation conference in two
(2) settings.
Section 4. Prohibited Pleadings and Motions. - The
following pleadings and motions shall not be allowed and
acted upon nor elevated to the Commission in all cases
covered by these Rules:
a) Motion to dismiss the complaint except on the ground
of lack of jurisdiction over the subject matter, improper
venue, res adjudicata, prescription and forum shopping;
b) Motion for a bill of particulars;
c) Motion for new trial;
d) Petition for relief from judgment when filed with the
Labor Arbiter;
e) Petition for certiorari, mandamus or prohibition;
f) Motion to declare respondent in default;
g) Motion for reconsideration or appeal from any
interlocutory order of the Labor Arbiter.
Section 5. Filing and Service of Pleadings. - All pleadings
in connection with the case shall be filed with the
appropriate docketing unit of the Regional Arbitration
Branch or the Commission, as the case maybe.
The party filing the pleadings shall serve the opposing
parties with a copy thereof and its supporting documents
in the manner provided for in these Rules with proof of
service thereof.chan robles virtual law library

Section 6. Service of Notices and Resolutions. - a) Notices

or summons and copies of orders, shall be served on the
parties to the case personally by the Bailiff or duly
authorized public officer within three (3) days from receipt
thereof or by registered mail; Provided that in special
circumstances, service of summons may be effected in
accordance with the pertinent provisions of the Rules of
Court; Provided further, that in cases of decisions and final
awards, copies thereof shall be served on both parties and
their counsel or representative by registered mail;
Provided further that in cases where a party to a case or
his counsel on record personally seeks service of the
decision upon inquiry thereon, service to said party shall
be deemed effected upon actual receipt thereof; Provided
finally, that where parties are so numerous, service shall
be made on counsel and upon such number of
complainants, as may be practicable, which shall be
considered substantial compliance with Article 224 (a) of
the Labor Code, as amended.chan robles virtual law library

For purposes of appeal, the period shall be counted from

receipt of such decisions, resolutions, or orders by the
counsel or representative of record.
b) The Bailiff or officer serving the notice, order,
resolution or decision shall submit his return within two
(2) days from date of service thereof, stating legibly in his
return his 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, the Bailiff or officer shall write
in the return, the names of persons served and the date of
mailing of the resolution or decision.If no service was
effected, the service officer shall state the reason therefor
in the return.
Section 7. Proof and Completeness of Service. - The return
is prima facie proof of the facts indicated therein.Service
by registered mail is complete upon receipt by the
addressee or his agent; but if the addressee fails to claim
his 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.
Section 8. Appearances. - a) A lawyer appearing for a party
is presumed to be properly authorized for that purpose.In
every case, he shall indicate in his pleadings and motions
his Attorney's Roll Number, as well as his PTR and IBP
numbers for the current year.
b) A non-lawyer may appear as counsel in any of the
proceedings before the Labor Arbiter or Commission only
under the following conditions:
(1) he represents himself as party to the case;
(2) he 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
presents: (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
represents is duly registered and listed in the roster of
legitimate labor organizations; (ii) a verified certification
issued by the secretary and attested to by the president of
the said organization stating that he is authorized to
represent the said organization in the said case; and (iii) a
copy of the resolution of the board of directors of the said
organization granting him such authority;
(3) he 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 presents: (i) a verified certification attesting that he is
authorized by such member or members to represent them
in the case; and (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 is
representing are members of their organization which is
existing in the employer's establishment;
(4) he 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 (i) presents proof of
his accreditation; and (ii) represents a party to the case;
(5) he is the owner or president of a corporation or
establishment which is a party to the case: Provided, that
he presents: (i) a verified certification attesting that he 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 such authority.
c) A non-lawyer who appears in contravention of this
Section shall not be recognized in any proceedings before
the Labor Arbiter or the Commission.
d) Appearances may be made orally or in writing.In both
cases, the complete name and office address of both
parties shall be made on record and the adverse party or
his counsel or representative properly notified.
e) Any change in the address of counsel or representative
should be filed with the records of the case and furnished
the adverse party or counsel.
f) Any change or withdrawal of counsel or representative
shall be made in accordance with the Rules of Court.
Section 9. Authority to Bind Party. - Attorneys and other
representatives of parties shall have authority to bind their
clients 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 of a client's claim.
RULE IV
VENUE, ASSIGNMENT AND DISPOSITION OF
CASES
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 filling of
position papers such issue shall be deemed waived.
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 2. 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 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.
Section 3. Consolidation of Cases and Complaints. - Where
there are two or more cases or complaints pending before
different Labor Arbiters in the same Regional Arbitration
Branch involving the same employer and common
principal causes of action, or the same parties with
different causes of action, the subsequent cases or
complaints shall be consolidated with the first to avoid
unnecessary costs or delay.Such consolidated cases or
complaints shall be disposed of by the Labor Arbiter to
whom the first case was assigned.
In case of objection to the consolidation, the same shall be
resolved by the Executive Labor Arbiter.An order resolving
a motion or objection to consolidation shall be
inappealable.
Section 4. Disposition of Cases. - Subject to the provisions
of Article 263 (g) of the Labor Code, as amended, when a
case is assigned to a Labor Arbiter, the entire case and any
or all incidents thereto shall be considered assigned to
him; and the same shall be disposed of in the same
proceedings to avoid multiplicity of suits or proceedings.
When the Secretary of Labor and Employment has
assumed jurisdiction over a strike or lockout or certified
the same to the Commission, the parties to such dispute
shall immediately inform the Secretary or the
Commission, as the case may be, of all cases directly
related to the dispute between them pending before any
Regional Arbitration Branch, and the Labor Arbiters
handling the same of such assumption or certification.The
Labor Arbiter concerned shall forward within two (2) days
from notice the entire records of the case to the
Commission or to the Secretary of Labor, as the case may
be, for proper disposition.
 RULE V
PROCEEDINGS BEFORE LABOR ARBITERS
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;chan robles virtual law library

d) Claims for actual, moral, exemplary and other forms of

damages arising from employer-employee relations;
e) Cases arising from any violation of Article 264 of the
Labor Code, as amended, including questions involving
the legality of strikes and lockouts;
f) Except claims for employees compensation not included
in the next succeeding paragraph, social security,
medicare, and maternity benefits, all other claims arising
from employer-employee relations, including those of
persons in domestic or household service, involving an
amount exceeding Five Thousand Pesos (P5,000.00),
whether or not accompanied with a claim for
reinstatement;
g) Money claims arising out of employer-employee
relationship or by virtue of any law or contract, involving
Filipino workers for overseas deployment, including
claims for actual, moral, exemplary and other forms of
damages;
h) Wage distortion disputes in unorganized establishments
not voluntarily settled by the parties pursuant to Republic
Act No.6727;
i) Enforcement of compromise agreements when there is
non-compliance by any of the parties pursuant to Article
227 of the Labor Code, as amended; andchan robles virtual law library
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.
Section 2. Nature of Proceedings. - The proceedings before
the Labor Arbiter shall be non-Iitigious in nature.Subject
to the requirements of due process, the technicalities of
law and procedure and the rules obtaining in the courts of
law shall not strictly apply thereto.The Labor Arbiter may
avail himself of all reasonable means to ascertain the facts
of the controversy speedily, including ocular inspection
and examination of well-informed persons.
Section 3. Mandatory Conciliation and Mediation
Conference. - a) The mandatory conciliation and
mediation conference shall be called for the purpose of (1)
amicably settling the case upon a fair compromise; (2)
determining the real parties in interest; (3) determining
the necessity of amending the complaint and including all
causes of action; (4) defining and simplifying the issues in
the case; (5) entering into admissions or stipulations of
facts; and (6) threshing out all other preliminary
matters.The Labor Arbiter shall preside and take full
control of the proceedings.
b) Conciliation and mediation efforts shall be exerted by
the Labor Arbiters all throughout the proceedings.Should
the parties arrive at any agreement as to the whole or any
part of the dispute, the same shall be reduced to writing
and signed by the parties and their respective counsel or
authorized representative, if any, before the Labor Arbiter.
c) In any case, the compromise agreement shall be
approved by the Labor Arbiter, if after explaining to the
parties, particularly to the complainants, the terms,
conditions and consequences thereof, he is satisfied that
they understand the agreement, that the same was entered
into freely and voluntarily by them, and that it is not
contrary to law, morals, and public policy.
d) A compromise agreement duly entered into in
accordance with this Section shall be final and binding
upon the parties and shall have the force and effect of a
judgment rendered by the Labor Arbiter.
e) The mandatory conciliation and mediation conference
shall, except for justifiable grounds, be terminated within
thirty (30) calendar days from the date of the first
conference.
f) No motion for postponement shall be entertained except
on meritorious grounds.
Section 4. Effect of Failure of Conciliation and Mediation. -
Should the parties fail to agree upon an amicable
settlement, either in whole or in part, during the
mandatory conciliation and mediation conference, the
Labor Arbiter shall terminate the conciliation and
mediation stage and proceed to pursue the other purposes
of the said conference as enumerated in the immediately
preceding Section.Thereafter, the Labor Arbiter shall
direct the parties to simultaneously file their respective
position papers on the issues agreed upon by the parties
and as reflected in the minutes of the proceedings.
Section 5. 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, 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, the second conference shall
proceed as scheduled in the summons.If the respondent
still fails to appear at the second conference despite being
duly served with summons, the Labor Arbiter shall
immediately terminate the mandatory conciliation and
mediation conference.The Labor Arbiter shall thereafter
allow the complainant or petitioner to file his verified
position paper and submit evidence in support of his
causes of action, and thereupon render his decision on the
basis of the evidence on record.
Section 6. Motion to Dismiss. - On or before the date set
for the mandatory conciliation and mediation conference,
the respondent may file a motion to dismiss.Any motion to
dismiss on the ground of lack of jurisdiction, improper
venue, or that the cause of action is barred by prior
judgment, prescription, or forum shopping, shall be
immediately resolved by the Labor Arbiter through a
written order.An order denying the motion to dismiss, or
suspending its resolution until the final determination of
the case, is not appealable.
Section 7. Submission of Position Paper and Reply. - a)
Subject to Sections 4 and 5 of this Rule, the Labor Arbiter
shall direct the parties to submit simultaneously their
verified position papers with supporting documents and
affidavits, if any, within an inextendible period of ten (10)
calendar days from the date of termination of the
mandatory conciliation and mediation conference.
b) The position papers of the parties shall cover only those
claims and causes of action raised in the complaint or
amended complaint, excluding those that may have been
amicably settled, and accompanied by all supporting
documents, including the affidavits of witnesses, which
shall take the place of their direct testimony.
c) A reply may be filed by any party within ten (10)
calendar days from receipt of the position paper of the
adverse party.
d) In their position papers and replies, the parties shall not
be allowed to allege facts, or present evidence to prove
facts and any cause or causes of action not referred to or
included in the original or amended complaint or petition.
Section 8. Determination of Necessity of Hearing or
Clarificatory Conference. - Immediately after the
submission by the parties of their position paper or reply,
as the case may be, the Labor Arbiter shall, motu proprio,
determine whether there is a need for a hearing or
clarificatory conference.At this stage, he may, at his
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 of relevant documentary evidence, if any, from
any party or witness.
Section 9. Role of the Labor Arbiter in Hearing and
Clarificatory Conference. - a) The Labor Arbiter shall take
full control and personally conduct the hearing or
clarificatory conference.Unless otherwise provided by law,
the Labor Arbiter shall determine the order of
presentation of evidence by the parties, subject to the
requirements of due process.He shall examine the parties
and their witnesses with respect to the matters at issue;
and ask questions only for the purpose of clarifying points
of law or fact involved in the case.He shall limit the
presentation of evidence to matters relevant to the issue
before him and necessary for a just and speedy disposition
of the case.
b) In the cross-examination of witnesses, only relevant,
pertinent and material questions necessary to enlighten
the Labor Arbiter shall be allowed.chan robles virtual law library
c) The Labor Arbiter shall make a written summary of the
proceedings, including the substance of the evidence
presented, in consultation with the parties.The written
summary shall be signed by the parties and shall form part
of the records.
Section 10. Non-Appearance of Parties, and Postponement
of Hearings and Clarificatory Conferences. - a) Non-
appearance at a hearing or clarificatory conference by the
complainant or petitioner, who was duly notified thereof,
may be sufficient cause to dismiss the case without
prejudice.Subject to Section 16 of this Rule, where proper
justification is shown by proper motion to warrant the re-
opening of the case, the Labor Arbiter shall call another
hearing or clarificatory conference and continue the
proceedings until the case is finally decided.The dismissal
of the case for the second time due to the unjustified non-
appearance of the complainant or petitioner, who was duly
notified of the clarificatory hearing, shall be with
prejudice.
b) In case the respondent fails to appear during the
hearing or clarificatory conference despite due notice
thereof, the complainant shall be allowed to present
evidence ex-parte, without prejudice to cross-examination
at the next hearing or conference.Two (2) successive non-
appearances by the respondent during his scheduled
presentation of evidence or opportunity to cross-examine
witnesses, despite due notice thereof, shall be construed as
a waiver on his part to present evidence or conduct cross-
examination.
c) The parties and their counsels appearing before the
Labor Arbiter shall be prepared for continuous hearing or
clarificatory conference.No postponement or continuance
shall be allowed by the Labor Arbiter, except upon
meritorious grounds and subject always to the
requirement of expeditious disposition of cases.In any
case, the hearing or clarificatory conference shall be
terminated within ninety (90) calendar days from the date
of the initial hearing or conference.
d) Paragraph (c) of this Section notwithstanding, in cases
involving overseas Filipino workers, the aggregate period
for conducting the mandatory conciliation and mediation
conference, including hearing on the merits or clarificatory
conference, shall not exceed sixty (60) days, which shall be
reckoned from the date of acquisition of jurisdiction by the
Labor Arbiter over the person of the respondents.
Section 11. 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, the
case shall be deemed submitted for decision unless the
Labor Arbiter calls for a hearing or clarificatory conference
in accordance with Section 8 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, the case shall be deemed
submitted for decision.
Section 12. Inhibition. - A Labor Arbiter may voluntarily
inhibit himself from the resolution of a case and shall so
state in writing the legal justifications therefor.Upon
motion of a party, either on the ground of relationship
within the fourth civil degree of consanguinity or affinity
with the adverse party or counsel, or on question of
impartiality, the Labor Arbiter may inhibit himself 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.chan robles virtual law library

Section 13. Period to Decide Case. - The Labor Arbiter

shall render his decision within thirty (30) calendar days,
without extension, after the submission of the case by the
parties for decision, even in the absence of stenographic
notes; Provided however, that cases involving overseas
Filipino workers shall be decided within ninety (90)
calendar days after the filing of the complaint which shall
commence to run upon acquisition by the Labor Arbiter of
jurisdiction over the respondents.
Section 14. Contents of Decisions. - The decisions and
orders of the Labor Arbiter shall be clear and concise and
shall include a brief statement of the: a) facts of the case;
b) issues involved; c) applicable laws or rules; d)
conclusions and the reasons therefor; and e) specific
remedy or relief granted.In cases involving monetary
awards, the decisions or orders of the Labor Arbiter shall
contain the amount awarded.
In case the decision of the Labor Arbiter includes an order
of reinstatement, it shall likewise contain: a) a statement
that the reinstatement aspect is immediately executory;
and b) a directive for the employer to submit a report of
compliance within ten (10) calendar days from receipt of
the said decision.
Section 15. Motions for Reconsideration and Petitions for
Relief from Judgment. - No motions for reconsideration or
petitions for relief from judgment of any decision,
resolution or order of a Labor Arbiter shall be
allowed.However, when one such motion for
reconsideration is filed, it shall be treated as an appeal
provided that it complies with the requirements for
perfecting an appeal.In the case of a petition for relief from
judgment, the Labor Arbiter shall elevate the case to the
Commission for disposition.
Section 16. Revival And Re-Opening Or Re-Filing Of
Dismissed Case. - A party may file a motion to revive or re-
open a case dismissed without prejudice, within ten (10)
calendar days from receipt of notice of the order
dismissing the same; otherwise, his only remedy shall be
to re-file the case in the arbitration branch of origin.
RULE VI
APPEALS
Section 1. Periods of Appeal. - Decisions, resolutions or
orders of the Labor Arbiter shall be final and executory
unless appealed to the Commission by any or both parties
within ten (10) calendar days from receipt thereof; and in
case of decisions, resolutions or orders of the Regional
Director of the Department of Labor and Employment
pursuant to Article 129 of the Labor Code, within five (5)
calendar days from receipt thereof.If the 10th or 5th day,
as the case may be, falls on a Saturday, Sunday or holiday,
the last day to perfect the appeal shall be the first working
day following such Saturday, Sunday or holiday.
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, resolution or order was secured through
fraud or coercion, including graft and corruption;
c) If made purely on questions of law; and/or
d) If serious errors in the findings of facts are raised
which, if not corrected, would cause grave or irreparable
damage or injury to the appellant.
Section 3. Where Filed. - The appeal shall be filed with the
Regional Arbitration Branch or Regional Office where the
case was heard and decided.
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 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, resolution or
order; 4) in three (3) legibly typewritten or printed copies;
and 5) accompanied by i) proof of payment of the required
appeal fee; ii) posting of a cash or surety bond as provided
in Section 6 of this Rule; iii) a certificate of non-forum
shopping; and iv) 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
answer or reply to appellant's memorandum of appeal, not
later than ten (10) calendar days from receipt
thereof.Failure on the part of the appellee who was
properly furnished with a copy of the appeal to file his
answer or reply within the said period may be construed as
a waiver on his part to file the same.
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 an appeal
fee of One Hundred Fifty Pesos (P150.00) to the Regional
Arbitration Branch or Regional Office of origin, and the
official receipt of such payment shall form part of the
records of the case.
Section 6. Bond. - In case the decision of the Labor Arbiter
or the Regional Director involves a monetary award, an
appeal by the employer may be perfected only upon the
posting of a bond, which shall either be in the form of cash
deposit or surety bond equivalent in amount to the
monetary award, exclusive of damages and attorney's fees.
In case of surety bond, 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
counsel, and the bonding company, attesting that the bond
posted is genuine, and shall be in effect until final
disposition of the case.
b) an indemnity agreement between the employer-
appellant and bonding company;
c) proof of security deposit or collateral securing the bond:
provided, that a check shall not be considered as an
acceptable security;
d) a certificate of authority from the Insurance
Commission;
e) certificate of registration from the Securities and
Exchange Commission;
f) certificate of authority to transact surety business from
the Office of the President;
g) certificate of accreditation and authority from the
Supreme Court; and
h) notarized board resolution or secretary's certificate
from the bonding company showing its authorized
signatories and their specimen signatures.
A cash or surety bond shall be valid and effective from the
date of deposit or posting, until the case is finally decided,
resolved or terminated, or the award satisfied.This
condition shall be deemed incorporated in the terms and
conditions of the surety bond, and shall be binding on the
appellants and the bonding company.
The appellant shall furnish the appellee with a certified
true copy of the said surety bond with all the above-
mentioned supporting documents.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, the Commission shall cause the
immediate dismissal of the appeal, and censure or cite in
contempt the responsible parties and their counsels, or
subject them to reasonable fine or penalty.
No motion to reduce bond shall be entertained except on
meritorious grounds, and only upon the posting of a bond
in a reasonable amount in relation to the monetary award.
The mere filing of a motion to reduce bond without
complying with the requisites in the preceding paragraphs
shall not stop the running of the period to perfect an
appeal.
Section 7. Records of Case on Appeal. - The records of a
case shall have a corresponding index of its contents which
shall include the following: a) the original copy of the
complaint; b) other pleadings and motions; c) minutes of
the proceedings, notices, transcripts of stenographic notes,
if any; d) decisions, orders, and resolutions as well as
proof of service thereof, if available; e) the computation of
the award; f) memorandum of appeal and the reply or
answer thereto, if any, and proof of service, if available; g)
official receipt of the appeal fee; and h) the appeal bond, if
any.
The records shall be chronologically arranged and paged
prominently.
Section 8. Transmittal Of Records Of Case On Appeal. -
Within forty-eight (48) hours after the filing of the appeal,
the records of the case shall be transmitted by the Regional
Arbitration Branch or office of origin to the Commission.
Section 9. Perfection Of Appeal; Effect. - Without
prejudice to immediate reinstatement pending appeal
under
Section 6 of Rule XI, once an appeal is filed, the Labor
Arbiter loses jurisdiction over the case.All pleadings and
motions pertaining to the appealed case shall thereafter be
addressed to and filed with the Commission.
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 may
censure or cite in contempt the erring parties and their
counsels, or subject them to reasonable fine or penalty.
Section 11. Appeals from Decision of Other Agencies. - The
Rules provided herein governing appeals from the
decisions or orders of Labor Arbiters shall apply to appeals
to the Commission from decisions or orders of the other
offices or agencies appealable to the Commission
according to law.
RULE VII
PROCEEDINGS BEFORE THE COMMISSION
Section 1. Jurisdiction of the Commission. - The
Commission shall exercise exclusive, original, and
appellate jurisdiction in accordance with law.
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 fourteen (14)
Commissioners.
b) Commission En Banc. - The Commission shall sit en
banc only for purposes of promulgating rules and
regulations governing the hearing and disposition of cases
before its Divisions and Regional Arbitration Branches,
and for the formulation of policies affecting its
administration and operations.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 five (5)
Divisions.Each Division shall consist of one member from
the public sector who shall act as the Presiding
Commissioner and one member each from the workers
and employers sectors, respectively.
Of the five (5) Divisions, the First, Second and Third
Divisions shall have exclusive territorial jurisdiction over
appealed cases coming from Luzon; Fourth Division,
appealed cases from Visayas Region; and the Fifth
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 and Third Divisions shall have their
main office in the National Capital Region, and the Fourth
and Fifth Divisions in the cities of Cebu and Cagayan de
Oro, respectively.
Section 3. The Chairman. - The Chairman shall preside
over all sessions of the Commission en banc.He is the
Presiding Commissioner of the First Division.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 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,
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.chan robles virtual law library

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.chan robles
virtual law library

c) Division. - The presence of at least two (2)

Commissioners of a Division shall constitute a
quorum.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 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 from the same sector.
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 judgment, his
presence therein will best serve the interests of labor
justice.He shall not however, participate in the voting by
the Division, except when he is acting as Presiding
Commissioner of the Division in the absence of the regular
Presiding Commissioner.
Section 5. Consultation. - The conclusions of a Division on
any case or matter submitted to it for decision shall be
reached in consultation before the case is assigned to a
member for the writing of the opinion.It shall be
mandatory for the Division to meet for the purpose of the
consultation ordained herein.
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.
Section 6. Dissenting Opinion. - Should any member of a
Division indicate his intention to write a dissenting
opinion, he may file the same within the period prescribed
for deciding or resolving the appeal; otherwise, such
written dissenting opinion shall not be considered part of
the records of the case.
Section 7. Inhibition. - No motion to inhibit the entire
Division of the Commission shall be entertained.However,
any Commissioner may inhibit himself from the
consideration and resolution of any case or matter before
the Division and shall so state in writing the legal or
justifiable grounds therefor.In the event that a member
inhibits himself, the case shall be raffled by the Executive
Clerk or Deputy Executive Clerk to either of the two (2)
remaining Commissioners.In case two (2) Commissioners
in a Division inhibit themselves in a case or matter before
it, the Chairman shall, as far as practicable, appoint two
(2) Commissioners from other Divisions representing the
sector of the Commissioners who inhibited themselves.
Section 8. Abstention. - In the event of an abstention, and
the concurrence of two (2) Commissioners to arrive at a
judgment or resolution cannot be obtained, Section 4 (c),
second paragraph, of this Rule shall apply.
Section 9. Consolidation of Cases. - Appealed and
injunction cases involving the same parties, issues, or
related questions of fact or law shall be consolidated
before the Commissioner to whom the case with the lowest
case number is assigned.Notice of the consolidation shall
be given by the Executive Clerk or Deputy Executive Clerk
to the other members of the concerned Divisions.
Section 10. Technical Rules Not Binding. - The rules of
procedure and evidence prevailing in courts of law and
equity shall not be controlling and the Commission 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, the parties may
be represented by legal counsel but it shall be the duty of
the Chairman, any Presiding Commissioner or
Commissioner to exercise complete control of the
proceedings at all stages.
Section 11. Conciliation and Mediation. - In the exercise of
its exclusive, original and appellate jurisdiction, the
Commission may exert all efforts towards the amicable
settlement of a labor dispute.
The settlement of cases on appeal, to be valid and binding
between the parties, shall be made before the
Commissioner or his authorized representative.
Section 12. Role of the Labor Arbiter Assigned to the
Commission. - In the resolution of cases on appeal, and
those mentioned in Rules VIII and X, the Commission
shall be assisted by a Labor Arbiter who may be directed to
study, review, hear and receive evidence, and submit
reports thereon.
Section 13. Form of Decision, Resolution and Order. - The
decision, resolution and order of the Commission shall
state clearly and distinctly the findings of facts, issues, and
conclusions of law on which it is based, and the relief
granted, if any.If the decision, resolution or order involves
monetary awards, the same shall contain the specific
amount awarded as of the date the decision is rendered.
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 parties.
b) Entry of Judgment. - Upon the expiration of the ten (10)
calendar day period provided in paragraph (a) of this
Section, the decision, resolution, or order shall be entered
in a book of entries of judgment.
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 in the absence of return cards, certifications from
the post office, or other proof of service to parties.
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; provided that the
motion is under oath and 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.
Should a motion for reconsideration be entertained
pursuant to this section, the resolution shall be executory
after ten (10) calendar days from receipt thereof.
RULE VIII
CERTIFIED CASES
Section 1. Policy. - It is the declared policy of certification
of labor disputes for compulsory arbitration to ensure and
maintain industrial peace based on social justice and
national interest by having a full, complete and immediate
settlement or adjudication of all labor disputes between
the parties, as well as issues that are relevant to or
incidents of the certified issues.
Section 2. Certified Labor Disputes. - Certified labor
disputes are cases certified to the Commission for
compulsory arbitration under Article 263 (g) of the Labor
Code.
Section 3. Effects of Certification. - a) Upon certification,
the intended or impending strike or lockout is
automatically enjoined, notwithstanding the filing of any
motion for reconsideration of the certification order nor
the non-resolution of any such motion which may have
been duly submitted to the Office of the Secretary of Labor
and Employment.If a work stoppage has already taken
place at the time of the certification, all striking or locked
out employees shall immediately return to work and the
employer shall immediately resume operations and
readmit all workers under the same terms and conditions
prevailing before the strike or lockout.
b) All cases between the same parties, except where the
certification order specifies otherwise the issues submitted
for arbitration which are already filed or may be filed, and
are relevant to or are proper incidents of the certified case,
shall be considered subsumed or absorbed by the certified
case, and shall be decided by the appropriate Division of
the Commission.
Subject to the second paragraph of Section 4 of Rule IV,
the parties to a certified case, under pain of contempt,
shall inform their counsels and the Division concerned of
all cases pending with the Regional Arbitration Branches
and the Voluntary Arbitrators relative or incident to the
certified case before it.
c) Whenever a certified labor dispute involves a business
entity with several workplaces located in different regions,
the Division having territorial jurisdiction over the
principal office of the company shall acquire jurisdiction to
decide such labor dispute; unless the certification order
provides otherwise.
Section 4. Effects Of Defiance. - Non-compliance with the
certification order of the Secretary of Labor and
Employment shall be considered as an illegal act
committed in the course of the strike or lockout, and shall
authorize the Commission to enforce the same under pain
of immediate disciplinary action, including dismissal or
loss of employment status or payment by the locking-out
employer of backwages, damages and/or other affirmative
relief, even criminal prosecution against the liable parties.
The Commission may also seek the assistance of law
enforcement agencies to ensure compliance and
enforcement of its orders and resolutions.
Section 5. Procedure in Certified Cases. - a) Unless there is
a necessity to conduct a clarificatory hearing, the
Commission shall resolve all certified cases within thirty
(30) calendar days from receipt by the assigned
Commissioner of the complete records, which shall include
the position papers of the parties and the order of the
Secretary of Labor and Employment denying the motion
for reconsideration of the certification order, if such
motion has been filed.
b) Where a clarificatory hearing is needed, the
Commission shall, within five (5) calendar days from
receipt of the records, issue a notice to be served on the
parties through the fastest means available, requiring
them to appear and submit additional evidence, if any.
c) Notwithstanding the necessity for a clarificatory
hearing, all certified cases shall be resolved by the
Commission within sixty (60) calendar days from receipt
of the complete records.
d) No motion for postponement or extension shall be
entertained.
Section 6. Execution of Judgment in Certified Case. - Upon
issuance of the entry of judgment, the Commission, motu
proprio or upon motion by the proper party, may cause the
execution of the judgment in the certified case.
RULE IX
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 obstruct or
interrupt the proceedings before the same, including
disrespect toward said officials, offensive acts toward
others, 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, 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, within a period of five (5) calendar days from
notice of the judgment, 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.A judgment of the Commission on direct
contempt shall be immediately executory and
inappealable.
Section 2. Indirect Contempt. - The Commission or any
Labor Arbiter may, in accordance with Rule 71 of the Rules
of Court, 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 official duties or in his 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) 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.
The same procedure provided in the second paragraph of
Section 1 of this Rule shall govern any person adjudged
guilty of indirect contempt.
RULE X
INJUNCTION
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.
The writ of preliminary injunction or temporary
restraining order shall become effective only upon posting
of the required cash bond in the amount to be determined
by the Commission to answer for any damage that may be
suffered by the party enjoined, if it is finally determined
that the petitioner is not entitled thereto.
Section 2. Injunction in Strikes or Lockouts. - A
preliminary or permanent injunction may be granted by
the Commission only after hearing the testimony of
witnesses and with opportunity for cross-examination in
support of the allegations of the complaint or petition
made under oath, and testimony by way of opposition
thereto, if offered, and only after a finding of fact by the
Commission:
a) 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.
b) That substantial and irreparable injury to petitioner's
property will follow;
c) That as to each item of relief to be granted, greater
injury will be inflicted upon the petitioner by the denial of
relief than will be inflicted upon respondents by the
granting of relief;
d) That petitioner has no adequate remedy at law; and
e) That the public officers charged with the duty to protect
petitioner's property are unable or unwilling to furnish
adequate protection.
Section 3. Hearing; Notice Thereof. - Hearings 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
petitioner's property.
Section 4. Reception of Evidence; Delegation. - The
reception of evidence for the application of a writ of
injunction may be delegated by the Commission to any of
its Labor Arbiters who shall conduct such hearings in such
places as he may determine to be accessible to the parties
and their witnesses, and shall thereafter submit his report
and recommendation to the Commission within fifteen
(15) days from such delegation.
Section 5. Ocular Inspection. - The Chairman, any
Commissioner, Labor Arbiter or their duly authorized
representatives, may, at any time during working hours,
conduct an ocular inspection on any establishment,
building, ship or vessel, place or premises, including any
work, material, implement, machinery, appliance or any
object therein, and ask any employee, laborer, or any
person, as the case may be, for any information or data
concerning any matter or question relative to the object of
the petition.
The ocular inspection reports shall be submitted to the
appropriate Division within twenty-four (24) hours from
the conduct thereof.
Section 6. Temporary Restraining Order; Requisites. - If
the petitioner shall also allege that, unless a temporary
restraining order shall be issued without notice, a
substantial and irreparable injury to petitioner's property
will be unavoidable, such a temporary restraining order
may be issued upon testimony under oath, or by affidavits
of the petitioner's witnesses, sufficient, if sustained, to
justify the Commission in the issuance thereof.
Section 7. Cash Bond. - No temporary restraining order or
writ of preliminary injunction shall be issued except on the
condition that petitioner shall first file an undertaking to
answer for the damages and post 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,
together with a reasonable attorney's fee, and expense of
defense against the order or against the granting of any
injunctive relief sought in the same proceeding and
subsequently denied by the Commission.chan robles virtual law library
Section 8. Effectivity of Temporary Restraining Order. - A
temporary restraining order shall be effective for no longer
than twenty (20) days reckoned from the posting of the
cash bond required under the preceding section. During
the said period, the parties shall be required to present
evidence to substantiate their respective positions in the
main petition.chan robles virtual law library

Section 9. Effects of Defiance. - The order or resolution

enjoining the performance of illegal acts shall be
immediately executory in accordance with the terms
thereof.In case of non-compliance, the Commission shall
impose such sanctions, and shall issue such orders, as may
be necessary to implement the said order or resolution,
including the enlistment of law enforcement agencies
having jurisdiction over the area for the purpose of
enforcing the same.
Section 10. Ordinary Remedy in Law or in Equity. -
Nothing in this Rule shall deprive any party having a claim
or cause of action under or upon such undertaking from
electing to pursue his ordinary remedy by suit at law or in
equity.
RULE XI
EXECUTION PROCEEDINGS
Section 1. Execution Upon Finality of Decision or Order. -
a) A writ of execution may be issued motu proprio or on
motion, upon a decision or order that finally disposes of
the action or proceedings after the parties and their
counsels or authorized representatives are furnished with
copies of the decision or order in accordance with these
Rules, but only after the expiration of the period to appeal
if no appeal has been filed, as shown by the certificate of
finality.If an appeal has been filed, a writ of execution may
be issued when there is an entry of judgment as provided
for in Section 14 of Rule VII.
b) No motion for execution shall be entertained nor a writ
of execution be issued unless the Labor Arbiter or the
Commission is in possession of the records of the case
which shall include an entry of judgment if the case was
appealed; except that, as provided for in Section 14 of Rule
V and Section 6 of 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. Pre-Execution Conference. - Within two (2)
working days from receipt of a motion for the issuance of a
writ of execution, and subject to Section 1, paragraph (b)
of this Rule, the Labor Arbiter shall schedule a pre-
execution conference or hearing to thresh out matters
relevant to execution, including the computation of the
award.
Section 3. Form and Contents of a Writ of Execution. - The
writ of execution must be issued in the name of the
Republic of the Philippines signed by the Commission or
Labor Arbiter requiring the Sheriff to execute the decision,
order, or award of the Commission or Labor Arbiter, and
must contain the dispositive portion thereof, the amount,
if any, to be demanded, and all lawful fees to be collected
from the losing party or any other person required by law
to obey the same.
Section 4. Computation During Execution. - Where further
computation of the award in the decision, resolution or
order is necessary during the course of the execution
proceedings, no writ of execution shall be issued until after
the computation has been approved by the Labor Arbiter
in an order issued after the parties have been duly notified
and heard on the matter.
Section 5. Execution of Monetary Judgment. - a)
Immediate payment on demand. - The Sheriff shall
enforce a monetary judgment by demanding the
immediate payment of the full amount stated in the writ of
execution and all lawful fees from the losing party or any
other person required by law to obey the same.
b) In the event of failure or refusal of the losing party to
pay the judgment award, the Sheriff shall immediately
proceed against the cash deposit or surety bond posted by
the losing party, if any;
c) If the bonding company refuses to comply with the writ
of execution, then its president and officers or authorized
representatives shall be cited for contempt, and the
bonding company shall be barred from transacting
business with the Commission;
d) Should the cash deposit or surety bond be insufficient,
or in case the surety bond cannot be proceeded against for
any reason, the Sheriff shall, within five (5) days from
demand, execute the monetary judgment by levying on the
property, personal and real, of the losing party not exempt
from execution, sufficient to cover the judgment award,
which may be disposed of for value at a public auction to
the highest bidder.
e) Proceeds of execution shall be deposited with the
Cashier of the concerned Division or Regional Arbitration
Branch, or with an authorized depositary bank.Where
payment is made in the form of a check, the same shall be
payable to the Commission.
Section 6. 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 14 of Rule V or refuses to reinstate
the dismissed employee, the Labor Arbiter shall
immediately issue writ of execution, even pending appeal,
directing the employer to immediately reinstate the
dismissed employee either physically or in the payroll, and
to pay the accrued salaries as a consequence of such
reinstatement at the rate specified in the decision.
The Sheriff shall serve the writ of execution upon the
employer or any other person required by law to obey the
same.If he disobeys the writ, such employer or person may
be cited for contempt in accordance with Rule IX.
Section 7. Enforcement of Writ of Execution. - In
executing a decision, resolution or order, the Sheriff, or
other authorized officer acting as Sheriff of the
Commission, shall be guided strictly by these Rules, and
by the Manual on Execution of Judgment, which shall
form part of these Rules.In the absence of applicable rules,
the Rules of Court, as amended, shall be applied in a
suppletory manner.
Section 8. Execution By Motion or By Independent Action.
- A decision or order may be executed on motion within
five (5) years from the date it becomes final and
executory.After the lapse of such period, the judgment
shall become dormant, and may only be enforced by an
independent action within a period of ten (10) years from
date of its finality.
Section 9. Effect of Perfection of Appeal on Execution. -
The perfection of an appeal shall stay the execution of the
decision of the Labor Arbiter on appeal, except execution
for reinstatement pending appeal.
Section 10. 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 unless a restraining order is issued by said courts.
Section 11. Resolution of Motion to Quash. - The mere
filing of a motion to quash shall not stay execution
proceedings.A motion to quash shall be resolved by the
Labor Arbiter within ten (10) working days from
submission of said motion for resolution.
Section 12. Third Party Claim. - A third party claim shall
be filed within five (5) days from the last day of posting or
publication of the notice of execution sale; otherwise the
claim shall be forever barred.The third party claimant shall
execute an affidavit stating his title to the property or right
to possession thereof with supporting evidence, and shall
file the same with the Sheriff and the Commission or
Labor Arbiter who issued the writ of execution.Upon
receipt of the third party claim, all proceedings, with
respect to the execution of the property subject of such
claim, shall automatically be suspended.The Labor Arbiter
who issued the writ may require the third party claimant
to adduce additional evidence in support of his third party
claim and to post a cash or surety bond equivalent to the
amount of his claim, as provided for in Section 6 of Rule
VI, 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 Labor Arbiter shall
resolve the propriety of such third party claim within ten
(10) working days from submission of said claim for
resolution.
Section 13. Return of Writ of Execution. - The writ of
execution shall be returned to the Commission or Labor
Arbiter who issued it at anytime, but not within ten (10)
days nor beyond one hundred eighty (180) days, after
receipt thereof 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.
Section 14. Sheriff's Report. - The Sheriff enforcing the
writ of execution shall submit not later than thirty (30)
days from receipt of such writ, and every thirty (30) days
thereafter, a report updating the Commission or Labor
Arbiter who issued the writ of execution on the status of
the enforcement thereof.A copy of the report shall be
furnished the Chairman and the Executive Labor Arbiter.
Section 15. Designation of Special Sheriffs and Imposition
of Fines. - The Chairman of the Commission may
designate special Sheriffs and take any measure, under
existing laws, to ensure compliance with the decisions,
resolutions or orders of the Commission and those of
Labor Arbiters, including the imposition of administrative
fine which shall not be less than Five Hundred Pesos
(P500.00) nor more than Ten Thousand Pesos
(P10,000.00).
Failure on the part of the Sheriff to submit the return or
report required under Section 13 and 14 of this Rule within
the stated period shall subject him to the above
administrative fine, or suspension for fifteen (15) days
without pay, or both.
RULE XII
COMMISSION SEAL AND RECORDS, AND
POWERS
AND DUTIES OF COMMISSION OFFICIALS
Section 1. Seal of the Commission. - The seal of the
National Labor Relations Commission shall be of standard
size, circular, with the inscription, running from left to
right on the upper outside edge, the words "NATIONAL
LABOR RELATIONS COMMISSION", and the lower
outside edge, the words "REPUBLIC OF THE
PHILIPPINES", with a design at the center containing the
coat of arms of the Department of Labor and Employment.
Section 2. The Executive Clerk. - The Executive Clerk shall
assist the Commission when sitting en banc and when
acting through the First Division, and shall perform such
similar or equivalent functions and duties as are
discharged by the Clerk of Court of the Court of Appeals.
Section 3. Deputy Executive Clerks. - The Deputy
Executive Clerks for the Second, Third, Fourth and Fifth
Divisions shall assist the Commission when acting through
its Division, and shall perform similar functions and duties
as discharged by the Deputy Clerks of Court of the Court of
Appeals, and as enumerated herein as functions of the
Executive Clerk relative to their respective Divisions.
Section 4. Duties and Functions of the Executive Clerk and
Deputy Executive Clerks. - a) Custody of Seal and Books. -
He shall keep in his care and custody the Seal of the
Commission, together with all the books necessary for the
recording of the proceedings of the Commission, including
the records, files and exhibits;
b) Filing of Pleadings. - He shall receive and file all cases
and pleadings and documents indicating thereon the date
and time filed.All pleadings shall be filed in three (3)
legibly typewritten copies in legal size;
c) Raffle and Assignment of Cases. - He shall assign
appealed cases for study or report strictly by raffle or as
directed by the Chairman.In this connection, the raffle of
cases for study or report must be attended by the duly
designated representative of the Members of the
appropriate Division;
d) Service of Processes, Orders and Decisions. - He shall
serve parties and counsel processes, notices of hearings,
copies of decisions, resolutions or orders issued by the
Commission by mail or by personal service and
immediately attach the returns thereof to the records;
e) Commission Calendar and Minutes Book. - He shall
prepare the Commission or Division calendars of sessions,
attend such sessions personally and immediately prepare
the minutes thereof.For this purpose, he shall keep a
minutes book;
f) General Docket. - The Executive Clerk shall keep a
general docket for the Commission, each page of which
shall be numbered and prepared for receiving all the
entries in a single page, and shall enter therein all original
and appealed cases before it, numbered consecutively in
the order in which they were received and, under the
heading of each case, the date and hour of each pleading
filed, of each order, decision or resolution entered, and of
each other step or action taken in the case; so that, by
reference to any single page, the history of the case may be
known;
g) Promulgation and Promulgation Book. - He shall
promulgate decisions and final resolutions on the same
date the same is filed with his office and indicate the date
and time of promulgation and attest the same by his
signature on the first page thereof.He shall immediately
furnish the Chairman with a copy of such decision,
resolution, or order with a summary of the nature thereof
and the issue involved therein.He shall keep a
promulgation book which indicates the date and time of
promulgation, the case number, title of the case, the
ponente, the nature of the decision or final resolution and
the action taken by the Commission by quoting the
dispositive portion thereof.Notices of said decisions,
resolutions or orders shall be sent in sealed envelopes to
parties and their counsel within forty-eight (48) hours
from promulgation;
h) Entry of Judgment. - He shall keep a book of entries of
judgment, decisions, resolutions and orders containing in
chronological order the entries of all final decisions,
resolutions and orders of the Commission;
i) Disposition and Remand of Records. - Upon entry of
judgment, he shall immediately remand the records of the
case to the Regional Arbitration Branch of origin, Regional
Director or his duly authorized officer, as the case may
be.The Records Unit shall immediately post said records
without delay within two (2) working days;
j) Monthly Accomplishment Reports. - He shall submit a
monthly accomplishment report of the Commission or
Division not later than the 7th day of the following month;
k) Other Functions. - He shall perform other functions as
directed by the Chairman or the Commission en banc.
Section 5. Board Secretaries. - The Board Secretaries of the
Commission shall assist the Executive Clerk or Deputy
Executive Clerks in the performance of their duties and
functions relative to the Commission or their respective
Divisions.
Section 6. ISsuance of Certified Copies. - Unless otherwise
restricted by Section 8 hereof, the Executive Clerk, Deputy
Executive Clerks, and the authorized officers of the
Regional Arbitration Branches shall prepare, for any
person asking for the same, a certified copy, under the Seal
of the Commission, of any paper, record, decision,
resolution, order or entry by and in his office, proper to be
certified, after payment of the standard fees to the
Commission duly receipted for; Provided, that a pauper
litigant, as defined by law, shall be exempted from paying
any fee for certified copies of any document, including
transcripts of stenographic notes.chan robles virtual law library
Section 7. Power to Administer Oath. - The Chairman,
Members of the Commission, the Executive Clerk, the
Deputy Executive Clerks, the Executive Labor Arbiters, the
Labor Arbiters, and other persons designated or
commissioned by the Chairman of the Commission, shall
have the power to administer oath on all matters or
proceedings related to the performance of their duties.chan
robles virtual law library

Section 8. Access to Commission Records. - All official

records of the Commission shall be open to the public
during regular office hours, except those kept by it in the
nature of confidential reports, records or communications
which cannot be divulged without violating private rights
or prejudicing the public interest.Minutes of hearings or
sessions may not be divulged until after promulgation of
the decision or resolution.
RULE XIII
EFFECTIVITY
Section 1. Effectivity. - These Rules shall take effect fifteen
(15) days after publication in two (2) newspapers of
general circulation.

.The National Labor Relations Commission (NLRC)

EN BANC RESOLUTION NO. 10 - 06 - Series of 2006
WHEREAS, Rule-XI, Section 5, of the 2005 Revised Rules of Procedure of the
National Labor Relations Commission Provides that: chan robles virtual law library

“EXECUTION OF MONETARY JUDGMENT – x x x

d) Should the cash deposit or surety bond be insufficient, or in case the surety
bond cannot be proceeded against for any reason, the Sheriff shall, within five
(5) days from demand, execute the monetary Judgment by levying on the
property, personal and real, of the losing party not exempt from execution,
sufficient to cover the judgment award, which may be disposed of for value at
the public auction to the highest bidder. chan robles virtual law library

x x x”

WHEREAS, there is a need to amend the above-quoted provision to enable the

Commission or the Labor Arbiter to have more control ever the Sheriffs'
conduct. Anyway, what is important is for the judgment award to be satisfied.

WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED THAT Rule XI, Section

5, of the 2005 Revised Rules of Procedure Is hereby amended as follows: chan
robles virtual law library

“EXECUTION OF MONETARY JUDGMENT – x x x. chan robles virtual law library

d) Should the cash deposit or surety bond be insufficient or in case the surety
bond cannot be proceeded against for any reason, the Sheriff shall within five
(5) days from demand, execute the monetary judgment by levying on the
property, personal and real, of the losing party not exempt from execution,
sufficient to cover the judgment award, which may be disposed of for value at
the public auction to the highest bidder. The losing party shall have the option
to choose which or his sufficient properties should be levied first to satisfy the
monetary obligations. chan robles virtual law library

x x x”

Signed this 8th day of September, Cebu City, Philippines.

.The National Labor Relations Commission (NLRC)

EN BANC RESOLUTION NO. 11 - 06 - Series of 2006

WHEREAS, Rule XI, Section 11, of the 2005 Revised Rules of Procedure of the
National Labor Relations Commission provides that: chan robles virtual law
 library
“RESOLUTION OF MOTION TO QUASH – The mere filing of a motion to quash
shall not stay execution proceedings. A motion to quash shall be resolved by
the Labor Arbiter within ten (10) working days from submission of said motion
for resolution”; and chan robles virtual law library

WHEREAS, there is a need to amend the above-quoted provision to clarify

certain issues that may arise in the implementation of the same, and in order
not to bastardize the concept of an appeal. If the affected party really wants to
question the Order, the remedy is for him to file an injunction and comply with
the requirements therefor. chan robles virtual law library

WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED THAT Rule XI, Section

11, of the 2005 Revised Rules of Procedure is hereby amended as follows: chan
robles virtual law library
“RESOLUTION OF MOTION TO QUASH – The mere filing of a motion to quash
shall not stay execution proceedings. A motion to quash shall be resolved by
the Labor Arbiter within ten (10) working days from submission of said motion
for resolution. An appeal from the Order denying the Motion to Quash the Writ
of Execution shall not stop the execution of judgment except when a
restraining order is issued by the Commission.” chan robles virtual law library

Signed this 8th day of September, Cebu City, Philippines.