are needed to see this picture. 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. It shall be mandatory for the division to meet for purposes of the consultation ordained therein. ANNEX M: Republic Act No. 9347
An Act Rationalizing the Composition and Functions of the National Labor Relations Commission, Amending for this Purpose Article 213, 214, 215 and 216 of P.D. No. 442, as Amended, Otherwise Known as the Labor Code of the Philippines
Art. 213. National Labor Relations Commission NLRC shall be attached to the DOLE solely for program and policy coordination only, composed of a Chairman and 23 members. 8 members shall be chosen only from the nominees of the workers and employers organizations respectively. The Chairman and 7 remaining members shall come from the public sector, with the latter to be chosen preferably from among the incumbent labor arbiters. NLRC may sit en banc or in 8 divisions, with 3 members each. En banc only for purposes of promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches and formulating policies affecting its administration and operations Divisions when in the exercise of its adjudicatory and all other powers, functions and duties 1 st 6 th divisions Luzon & NCR 7 th & 8 th Visayas and Mindanao NLRC sitting en banc may, on temporary or emergency basis, 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 expenses. The divisions of the NLRC shall have exclusive appellate jurisdiction over cases within their respective territorial jurisdiction. The concurrence of 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 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.
Art. 214. Headquarters, branches and provincial extension units Offices of 1 st 6 th Divisions Metro Manila 7 th Division Cebu 8 th Division Cagayan de Oro The Commission shall establish as many regional branches as there are regional offices of the DOLE, 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 NLRC.
Art. 215. Appointment and qualifications Chairman and other Commissioners members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least 15 years, with at least 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 LAs members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least 10 years, with at least 5 years experience or exposure in the field of labor- management relations Term hold office during good behavior until the age of 65 years, unless sooner removed for cause as provided by law or become incapacitated to discharge duties of their office But the President may extend the services of the Commissioners and LAs up to the maximum of 70 years upon the recommendation of the Commission en banc. Chairman, Division Presiding Commissioners and other Commissioners 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. LAs 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. Provided, that the labor arbiters who are presently holding office in the region where they are residents shall be deemed appointed thereat. Chairman and the Commissioners, 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
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. salaries, benefits and other emoluments in accordance with law.
Art. 216. Salaries, benefits and other emoluments Chairman and Commissioners 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 J ustice and Associate J ustices of the Court of Appeals, respectively. LAs 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 RTC J udges. 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.
QuickTime Prohibited pleadings: and a TIFF (Uncompressed) decompressor are needed to see this picture. a. Motion to dismiss (except on grounds of lack of jurisdiction over the subject matter, improper venue, prescription and forum- shopping) ANNEX N: Salient Provisions of 2005 Revised Rules of Procedure of the NLRC
Suppletory Application of the Rules of Court Pertinent provisions of the Rules of Court have a suppletory application in the absence of an applicable provision thereto in the interest of expeditious dispensation of labor justice.
Appearances A lawyer appearing for a party is presumed authorized to appear for such purpose. A non-lawyer may appear or counsel in the proceedings only under the following conditions: a. He represents himself as party to the case b. He represents a LLO which is a party case, provided that he represents a certification from the BLR or Regional Office of the DOLE attesting that his organization duly registered and listed in the roster of legitimate labor organizations, together with a verified certification issued by the secretary and attested by the president of the labor organization stating that he is duly authorized to represent the organization in the case and a copy of the board resolution granting him such authority c. He represents a member or members of a LLO existing within an employers establishment which is a party to the case provided that he present a verified certification proving his authority from such member / members and verified certification issued by the secretary and attested by the president of such organization stating that the person/s he is representing are members of the organization which is existing in the employers establishment d. He is a duly accredited member of a legal aid office recognized by the DOJ and the IBP upon presentation of his accreditation e. He is the owner or president of the corporation which is party to the case upon presentation of a verified certification of his authority and a board resolution of the corporation granting him such authority.
Pleadings b. Motion for a bill of particulars c. Motion for new trial d. Petition for relief from judgment when filed with the LA e. Petition for certiorari, mandamus or prohibition f. Motion to declare defendant in default g. Motion for reconsideration or appeal from any interlocutory order of the LA Denial of MTD is not appealable Certificate of Non-Forum Shopping is required Verification lawyer can sign verification but not the certificate of non-forum shopping
Venue All cases within the jurisdiction of the LA to hear and decide may be filed with the Regional Arbitration Branch (RAB) having jurisdiction over the workplace of the complainant. Venue place where the employee is regularly employed at the time the cause of action arose; whether on temporary detail, assignment or travel. For field, ambulant or itinerant workers, the workplace shall mean the place where they are regularly assigned or where they are supposed to regularly receive their salaries / wages and report the result of their assignment. If 2 or more RABs have jurisdiction over the workplace of the complainant, the branch that first acquired jurisdiction over the case shall exclude the others. Venue of a case may be transferred to another branch upon written agreement of the parties or upon order of the LA or NLRC, upon motion by the proper party in meritorious cases. Cases involving OFWs RAB 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. Subject to Art. 263 (g) of the Code, the LA shall dispose of the case assigned to him including any or all incidents thereof in the same proceeding to avoid multiplicity of suits.
Submission of Position Paper and Reply When required, the LA should direct the parties to file simultaneously their verified position papers attaching their supporting documents and affidavits within the inextendible period of 10 calendar days from the date of the termination of the conciliation conference. A reply may be filed by either party within 10 calendar days from receipt of the position papers. No facts or evidence to prove facts of any cause of action not included in the complaint are allowed to be alleged in the position papers. LA shall determine whether there is a need for a hearing or clarificatory conference and at his discretion, the LA may ask clarificatory questions to elicit further information on facts.
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. LA has full control and shall personally conduct the hearing / clarificatory conference.
Appeals Decisions and orders of the LA are final and executory unless appealed to the Commission within 10 calendar days; and in case of orders and resolutions of the Regional director of the DOLE, within 5 days from receipt thereof. No motion or request for extension of the period to appeal is allowed. Requisites of perfection of appeal: 1. Appeal must be: a) filed within the reglementary period provided in Sec.1 of this Rule b) verified by the appellant himself in accordance with the Rules of Court Sec.4, Rule 7 c) in form of a memorandum of appeal stating i. the grounds relied upon and arguments in support thereof ii. relief prayed for, iii. statement of the date appellant received the appealed decision, d) in 3 copies e) accompanied by i. proof of payment of required appeal fee ii. posting of a bond iii. certificate of non-forum shopping iv. proof of service upon other parties 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. Once an appeal is filed, the LA loses jurisdiction over the case. All pleadings and motions pertaining to the appealed case shall thereafter be addressed to and filed with the Commission.
Injunction A preliminary injunction or TRO may be granted by the NLRC through its Divisions 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 NLRC which if not restrained may cause grave or irreparable damage to any party. After the hearing of the testimony of witnesses and with opportunity for cross examination in support of the allegations of the complaint or petition under oath, and testimony by way of opposition thereto, and only after a finding of fact by the Commission: a. that the prohibited acts have been threatened and will be committed and continued unless restrained; b. that substantial and irreparable injury to petitioners property will follow; c. that as to each item of relief to be granted, greater injury will be inflicted upon respondents by the granting of relief; d. that the petitioner has no adequate remedy at law; e. that the public officers charged with the duty to protect petitioners property are unable or unwilling to furnish adequate protection. If the petitioner shall also allege that unless a TRO shall be issued without notice, a substantial or irreparable injury to petitioners property will be unavoidable, such a TRO may be issued upon testimony under oath, or by oath, or by affidavits of the petitioners witnesses, if sufficient, if sustained to justify the Commission in the issuance thereof.
QuickTime and a TIFF (Uncom are neede pressed) decompressor d to see this picture. ANNEX O: Salient Features of the SSS Law and GSIS Law
Social Security Act of 1997 (RA 8282) Government Service Insurance Act of 1997 (RA 8291) WHO ARE COVERED 1. EMPLOYER any person, natural or judicial, domestic or foreign who carries on in the Philippines any trade, business, industry undertaking or activity of any kind and uses the services of another person who is under his orders as regards employment 8(c) *EXEMPT EMPLOYER: government and any of its political subdivisions, branches and instrumentality, including GOCCs, i.e., those under GSIS 2. EMPLOYEE any person who performs services for an employer who receives compensation for such services, where there is an employer- employee relationship 3. SELF-EMPLOYED considered both employer and employee 1. EMPLOYER the national government, its political subdivisions, branches, agencies or instrumentalities, including GOCCs, and financial institutions with original charters, the constitutional commissions and the judiciary 2. EMPLOYEE any person receiving compensation while in service of an employer as defined herein, whether by election or appointment DEPENDENTS 1. Legal spouse entitled for support; 2. Child, whether legitimate, legitimated, legally adopted or illegitimate; 3. Parents dependent for support 1. Unmarried; 2. Not gainfully employed; 3. Has not reached 21 years of age; OR 3. Not over age of majority; OR CONDITIONS FOR CHILD TO BE CONSIDERED DEPENDENT 4. Incapable of supporting himself either physically or mentally prior to 21 years of age or age of majority, as the case may be BENEFICIARIES 1. PRIMARY
2. SECONDARY
3. OTHERS
a. Dependent Spouse until remarriage AND b. Dependent Legitimate or Legitimated or Legally Adopted and Illegitimate Children
a. Dependent Parents b. Absent primary and secondary beneficiaries, any other person designated by member as secondary beneficiary
As to DEATH BENEFITS, if no beneficiary qualifies under the Act, benefits shall be paid to Legal Heirs in accordance with Law of Succession
a. Legal, Dependent Spouse until remarriage AND b. Dependent Children
a. Dependent Parents AND b. Legitimate descendants subject to restrictions on dependent children, legitimate descendants
BENEFITS 1. Monthly Pension 2. Dependents Pension 3. Retirement 4. Death 5. Permanent Disability 6. Funeral 7. Sickness 8. Maternity (ONLY 1 ST FOUR DELIVERIES OR MISCARRIAGES) 1. ALL MEMBERS a. Life Insurance b. Retirement c. Disability d. Survivorship e. Separation f. Unemployment
2. J UDICIARY
Q a IFF (Uncomp d) are needed e uickTime and T resse decompressor to se this picture. 9. Loan Grant
A. Life Insurance ONLY ALL TAX EXEMPT COVERAGE 1. COMPULSORY
2. VOLUNTARY
a. All employees not over sixty (60) years of age and their employers; compulsory coverage of the employer shall take effect on the first day of his operation and that of the employee on the day of his employment b. Self-employed persons as may be determined by the Commission under such rules and regulations as it may prescribe, including, but limited to: all self-employed professionals; partners and single-proprietors of business; actors and actresses, directors, scriptwriters and news correspondents not employees; professional athletes, coaches, trainers and jockeys, and individual farmers and fishermen; upon their registration with the SSS c. Domestic helpers sixty years of age and below with a monthly income of not less than P1,000 on the date of their employment d. Individual farmers and fishermen under SSS rules and regulations
a. Filipinos recruited by foreign-based employers for employment abroad b. Employee separated from employment to maintain his right to full benefits c. Self-employed who realizes no income for a certain month d. Spouses who devote full time to managing household and family affairs unless specifically mandatorily covered
*By Arrangement: Any foreign government, international organization or wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside the Philippines may enter agreement with Philippines for inclusion of such employees in SSS EXCEPT those already covered by their respective civil service retirement system.
COMPULSORY for all employees receiving compensation who have not reached compulsory retirement age, irrespective of employment status
EXCEPTIONS FROM COVERAGE 1. Employment purely casual and not for purpose occupation, or business employer 2. Service performed on or in connection with alien vessel, if employed when such vessel is outside of Philippines 3. Employees of Philippine government or instrumentality or agency thereof 4. Service performed in the employ of a foreign government, or international 1. Members of the AFP 2. Members of the PNP 3. Contractual employees, who have no employer-employee relationship with the agency to serve 4. Members of judiciary and constitutional commissions: covered by life insurance only
QuickTime and a om re neede TIFF (Unc a pressed) decompressor d to see this picture. organizations, or wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside of the Philippines 5. Services performed by temporary employees and other employees excluded by SSS regulation; employees of bona fide independent contractors shall not be deemed employees of the employer engaging the services of an independent contractor COMPENSATION All actual renumeration for employment, including the mandated cost-of-living allowance, as well as the cash value of any renumeration paid in any medium other than cash except that part of the renumeration in excess of the maximum salary credit The basic pay or salary received by an employee, pursuant to his election/appointment, excluding per diems, bonuses, overtime pay, honoraria, allowances and any other emoluments received in addition to the basic pay BASIS OF CLAIM Non-work connected disability, sickness, maternity, death and old age and other contingencies resulting in loss of income or financial burden (sec. 2) Work-connected exempt from liability where permanent disability due to his grave misconduct, habitual intoxication, or willful intention to kill himself or another (sec. 15- 17) EFFECTS OF SEPARATION FROM EMPLOYMENT 1. Employers contribution on his account ceases 2. Employees obligation to contribute also ceases at the end of the month of separation 3. Employee shall be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act A member separated from the service shall continue to be a member, and shall be entitled to whatever benefits he has qualified to in the event of any contingency compensable under this Act REPORTING REQUIREMENTS A. Employer: Report immediately to SSS the names, ages, civil status, occupations, salaries and dependents of all his covered employees B. Self-employed: Report to SSS within 30 days from the first day of his operation, his name, age, civil status, occupation, average monthly net income and his dependents Employer: Report to GSIS the names, employment status, positions, salaries of the employee and such other matter as determined by the GSIS FUNDING 1. Employers contributions 2. Employees/members contributions EXEMPTION FROM TAX/LEGAL PROCESS/LIEN Property, assets, and revenues of SSS and GSIS are all exempt from taxes, and all benefits paid by SSS or GSIS shall likewise be exempt from taxes, assessments, fees, charges, and duties of all kind DISPUTE SETTLEMENT Dispute arising from: 1. Coverage 2. Benefits 3. Contributions 4. Penalties 5. Any matters related thereto
J urisdiction: Social Security Commission
Any dispute arising under this Act and other laws administered by GSIS
J urisdiction: GSIS
When decision made: 30 days from receipt of the hearing officers findings and recommendations or 30 days after submission for decision
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. When decision made: Mandatory period of 20 days from submission of evidence
Appeal: CA questions of law and facts SC questions of law only
Appeal: CA Rule 43, Section 31 SC Rule 45
PRESCRIPTIVE PERIOD 10 years from accrual of right of action 4 years from date of contingency
Digested Cases On Republic Act 7610: AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES