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
1st 6th divisions Luzon & NCR
7th & 8th 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.
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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.
Art. 214. Headquarters, branches and provincial
extension units
Offices of 1st 6th Divisions Metro Manila
7th Division Cebu

8th 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 labormanagement 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 labormanagement 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

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
Justice and Associate Justices of the Court of
Appeals, respectively.

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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 Judges.
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.

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
Prohibited pleadings:
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a. Motion to
dismiss
(except
are
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of jurisdiction over the subject matter,
improper venue, prescription and forumshopping)
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.

LA has full control and shall personally conduct

the hearing / clarificatory conference.

pertaining to the appealed case shall thereafter

be addressed to and filed with the Commission.

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

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.

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ANNEX O: Salient Features of the SSS Law and GSIS Law

Social Security Act of 1997
(RA 8282)
WHO ARE
COVERED

DEPENDENTS

CONDITIONS FOR
CHILD TO BE
CONSIDERED
DEPENDENT
BENEFICIARIES
1. PRIMARY

2. SECONDARY

3. OTHERS

BENEFITS

Government Service Insurance Act of

1997
(RA 8291)
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

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 employeremployee relationship
3. SELF-EMPLOYED considered both
employer and employee
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
4. Incapable of supporting himself either physically or mentally prior to 21 years of age or
age of majority, as the case may be
a. Dependent Spouse until remarriage
AND
b. Dependent Legitimate or Legitimated
or Legally Adopted and Illegitimate
Children

a. Legal, Dependent Spouse until

remarriage AND
b. Dependent Children

a. Dependent Parents
b. Absent primary and secondary
beneficiaries, any other person
designated by member as secondary
beneficiary

a. Dependent Parents AND

b. Legitimate descendants subject to
restrictions on dependent children,
legitimate descendants

As to DEATH BENEFITS, if no beneficiary

qualifies under the Act, benefits shall be
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paid to and
Legal
Heirs in accordance with Law
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are needeof
1. Monthly Pension
2. Dependents Pension
3. Retirement
4. Death
5. Permanent Disability
6. Funeral
7. Sickness
8. Maternity (ONLY 1ST FOUR
DELIVERIES OR MISCARRIAGES)

1. ALL MEMBERS
a. Life Insurance
b. Retirement
c. Disability
d. Survivorship
e. Separation
f. Unemployment
2. JUDICIARY

9. Loan Grant
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. Life Insurance ONLY ALL TAX

EXEMPT
COMPULSORY for all employees receiving
compensation who have not reached
compulsory retirement age, irrespective of
employment status

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
Qsystem.
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EXCEPTIONS are needed1.
Employment
purely casual and not
FROM
for purpose occupation, or business
COVERAGE
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

COMPENSATION

BASIS OF CLAIM

EFFECTS OF
SEPARATION
FROM
EMPLOYMENT

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
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
Non-work connected disability, sickness,
maternity, death and old age and other
contingencies resulting in loss of income or
financial burden (sec. 2)

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
Work-connected exempt from liability where
permanent disability due to his grave
misconduct, habitual intoxication, or willful
intention to kill himself or another (sec. 1517)
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

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
REPORTING
Employer:
A. Employer:
Report immediately to SSS the names, Report to GSIS the names, employment
REQUIREMENTS
ages, civil status, occupations, salaries status, positions, salaries of the employee
and such other matter as determined by the
and dependents of all his covered
GSIS
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
FUNDING
1. Employers contributions
2. Employees/members contributions
EXEMPTION
Property, assets, and revenues of SSS and GSIS are all exempt from taxes, and all
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FROM TAX/LEGAL
benefitsandpaid
by SSS or GSIS shall likewise be exempt from taxes, assessments, fees,
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PROCESS/LIEN are needecharges,
and duties of all kind
DISPUTE
Dispute arising from:
Any dispute arising under this Act and other
1. Coverage
SETTLEMENT
laws administered by GSIS
2. Benefits
3. Contributions
Jurisdiction: GSIS
4. Penalties
5. Any matters related thereto
When decision made: 30 days from receipt
of the hearing officers findings and
Jurisdiction: Social Security Commission
recommendations or 30 days after
submission for decision

When decision made: Mandatory period of

20 days from submission of evidence

PRESCRIPTIVE
PERIOD

Appeal:
CA questions of law and facts
SC questions of law only
10 years from accrual of right of action

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Appeal:
CA Rule 43, Section 31
SC Rule 45

4 years from date of contingency