SUPREMECOURT

FLOWCHARTBASEDONJURISDICTION
ARofthe
COURTOFAPPEALS

May
assume
jurisdiction over
cases in Art. 263
(g) or certify the
sametoNLRC

NLRC

LABORARBITER
1.
2.
3.

ULP
TerminationDisputes
Cases involving wages, rates of
pay, hours of work and other
terms and conditions of
employmentifaccompaniedwith
claimforreinstatement
4. Claims for actual, moral,
exemplary and other forms of
damages arising from employer
employeerelationship
5. Violation of Art. 264, including
illegalityofstrikesandlockouts
6. Involving claims for an amount
exceeding P 5,000 regardless
whether accompanied with a
claimforreinstatement(Art.217)
7. NonCompliance in compromise
agreements(Art.227)
8. Executionofawardsofvoluntary
arbitrator(Art.262A)
9. Overseas employment disputes
e.g. money claims arising from
such(R.A.8042)
10. Wage distortion (where there is
noCBA(Art.124)

OfficeoftheDOLESEC.
BUREAUOFLABOR
RELATIONS

REGIONALDIRECTOR
(Art.128/129)
1.
2.
3.

4.

5.

Labor
Standards
enforcement
Occupational safety
&Healthviolation
Money
claims
arising from labor
standards violation
not
exceeding
5,000perindividual
& w/o claim for
reinstatement
Recovery of wages
andothermonetary
claims & benefits,
legal interest owing
tooneemployedin
domestic
household service
or house helper
arising from EER
not exceeding P
5000andw/oclaim
forreinstatement
Violation of the
constitutionandby
lawsoroftherights
and condition of
membership (Art.
241)

BUREAUOFLABOR
RELATION

POEA
1.

2.

3.

4.

Cancellation/susp
ension of License
of Authority to
recruit
of
Recruitment
Agencies
(RA
8042)
Disciplinary
Actions
against
OFWs
All administrative
cases arising out
of rules and
regulations
relating
to
licensing
&
registration
of
recruitment
&
employment
agencies
Disciplinary
actions and other
special
cases
administrative in
character,
involving
employers,
principals,
contracting
partners&Filipino
migrantworkers

1.

2.

3.

4.

Federation/National
Union/Trade
Union
Center Registration,
revocation
&
cancellationcases
Complaints involving
federations, national
unions,industryunions
itsofficersormembers
Request
for
examinationofbookof
accounts
of
federations / national
unionsandtradeunion
center(Art.274)
Interunion and intra
union conflicts, and all
disputes, grievances or
problems arising from
or affecting labor
management relation
(Art.226)

VOLUNTARY
ARBITRATION

GRIEVANCE
MACHINERY

REGIONALOFFICEMEDARBITER
1.

2.

3.
4.

5.

6.

7.

8.

Independent union/chartered
local registration, revocation
andcancellationcases
Complaints or petitions
involving labor unions with
independent
registration,
chartered local, workers
assoc.,itsofficers/members
Electionofofficers
CBA
registration
of
independent
local
&
charteredlocal
Other intraunion & inter
union&relatedlaborrelation
disputes shall be heard &
resolved by the Medarbiter
inReg.Office
Request for examination of
books of accounts of
individual labor union and
charteredlocal(Art.274)
Actions arising from Art. 241
from
administration
&
accountingofunionfunds
Petition for certification
election (appealed to Sec. Of
Labor&nottoBLR)

1.

2.

3.

4.

Disputes
concerning
interpretation
or
implementation
ofCBA
Disputes
concerning
interpretation
and
enforcement of
company
personnel
policies
All
other
grievances as
defined in the
CBA
Wage distortion
when there is a
CBA(Art.124)

192

INJUNCTION

ARTICLE217
OFTHELABOR
CODE
2

MONEYCLAIMS
underSection10
RA8042as
amended
3

LABORARBITER
(RAB)

Unresolved
Grievances,
otherdisputes
byparties
agreements
4

Noticesof
Strikesor
Lockout,other
disputefor
preventive
mediations
5

NationalConciliationand
MediationBoard(NCMB)

LABOR
STANDARDS
ART.128(b)LC
6

LABOR
STANDARDS
ART.129,LC
7

REGIONAL
OFFICE

REGIONAL
DIRECTOR

InterIntra
Union
Disputes
8

Representation
Issues
9

MED
ARBITER

OR

VOLUNTARY
ARBITRATOR

NLRC
(COMMISSIONLEVEL)

OFFICEOFTHE
SECRETARY

BLR
DIRECTOR

Art.263(g)

FLOWCHARTBASEDONCAUSESOFACTION

COURTOFAPPEALS

SUPREMECOURT

193

Article218(e)oftheLaborCodeINJUNCTION

INJUNCTION

NLRC
(COMMISSION
LEVEL)

Petitionsforinjunctionareinitiallybroughttoanddecidedatthecommissionlevel.

RuleX,Sections1and2ofthe2005RevisedRulesoftheNLRC,providesthat:
InjunctioninOrdinaryLaborDisputes.Apreliminaryinjunctionorrestrainingorder
maybegrantedbytheCommissionthroughitsDivisionspursuanttotheprovisions
ofparagraph(e)ofArticle218oftheLaborCode,asamended,whenitisestablished
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
restrainedorperformedforthwith,maycausegraveorirreparabledamagetoany
partyorrenderineffectualanydecisioninfavorofsuchparty.
Injunction in Strikes or Lockouts. A preliminary or permanent injunction may be
grantedbytheCommissiononlyafterhearingthetestimonyofwitnessesandwith
opportunityforcrossexaminationinsupportoftheallegationsofthecomplaintor
petition made under oath, and testimony by way of opposition thereto, if offered,
andonlyafterafindingoffactbytheCommission:

COURTOF
APPEALS

SUPREME
COURT

a) That prohibited or unlawful acts have been threatened and will be

committed and will be continued unless restrained,butnoinjunctionor
temporary restraining order shall be issued on account of any threat,
prohibited or unlawful act, except against the person or persons,
associationororganizationmakingthethreatorcommittingtheprohibited
or unlawful act or actually authorizing or ratifying the same after actual
knowledgethereof.
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
inflicteduponthepetitionerbythedenialofreliefthanwillbeinflicted
uponrespondentsbythegrantingofrelief;
d)Thatpetitionerhasnoadequateremedyatlaw;and
e) That the public officers charged with the duty to protect petitioner's
propertyareunableorunwillingtofurnishadequateprotection.

194

ARTICLE217
OFTHELABOR
CODE
2

UnderArticle217oftheLaborCodeasamended,LaborArbitersshallhave
original and exclusive jurisdiction to hear and decide the following cases
involvingallworkers,whetheragriculturalornonagricultural:

1.UnfairLaborPractices;
2.TerminationDisputes;

LABOR
ARBITER
(RAB)

NLRC
(COMMISSION
LEVEL)

COURTOF
APPEALS

SUPREME
COURT

3.Ifaccompaniedwithaclaimforreinstatement,thosecasesthatworkers
mayfileinvolvingwages,ratesofpay,hoursofworkandothertermsand
conditionsofemployment;
4.Claims for actual, moral and exemplary and other forms of damages
arisingoutofEREErelations;
5.Cases arising from any violation Art. 264 of the Labor Code, including
questionsinvolvingthelegalityofstrikesandlockouts;and
6. Except claims for Employees Compensation, Social Security, Medicare
and maternity benefits, and all other claims arising from EEER relations,
including those of persons in the domestic or household service, involving
an amount exceeding P5,000 regardless of whether accompanied with a
claimforreinstatement.

This Article enumerates the cases falling under original and exclusive
jurisdictionoflaborarbiters.Thisgivestheimpressionthatnonebutalabor
arbitercanhearanddecidethesixcategoriesofcaseslisted.Butthisisnot
really so. Any or all of these cases can, by agreement of the parties, be
presentedtoanddecidedwithfinalitybyavoluntaryarbitratororapanel
ofvoluntaryarbitrators(seeArticles261262).(AZUCENA,EveryonesLabor
Code2001)

NOTE:
RABRegionalArbitrationBranches

195

MONEYCLAIMS
underSection10
RA8042as
amended
3

LABOR
ARBITER
(RAB)

NLRC
(COMMISSION
LEVEL)

COURTOF
APPEALS

R.A.8042MigrantWorkersandOverseasFilipinosActof1995as
amendedbyR.A.10022.

Section 10 of RA 8042 added to the exclusive jurisdiction of the

labor arbiters money claims of Overseas Filipino workers arising
from violations of their employment contract against foreign
employersthroughtheirlocalrecruitmentagency.

Section 7 (R.A. 10022). Section 10 of Republic Act No. 8042, as

amended,isherebyamendedtoreadasfollows:
"SEC.10.MoneyClaims.Notwithstandinganyprovisionoflawto
the contrary, the Labor Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and exclusive
jurisdiction to hear and decide, within ninety (90) calendar days
after the filing of the complaint, the claims arising out of an
employeremployee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of
damage.Consistentwiththismandate,theNLRCshallendeavorto
update and keep abreast with the developments in the global
servicesindustry
NOTE:
RABRegionalArbitrationBranches

SUPREME
COURT

196

Unresolved
Grievances,
otherdisputes
byparties
agreements
4

NationalConciliation
andMediationBoard
(NCMB)

VOLUNTARY
ARBITRATOR

COURTOF
APPEALS

SUPREME
COURT

VoluntaryArbitrationMachinery

Thevoluntaryarbitrationmachineryhasauthorityoverunresolvedgrievances
arising from the interpretation or implementation of collective bargaining
agreements and those arising from the interpretation or enforcement of
companypersonnelpolicies(Art.261,P.D.442asamended).
Unresolved grievances involving distortion of wages (Art. 124, P.D. 442) and
theproductivityandincentivesprogramunderSection4(b)R.A.6971.Other
labordisputes,includingthoseinvolvingstrikesmaybereferredtovoluntary
arbitrationbyagreementoftheparties.
ARTICLE 262. JURISDICTION OVER OTHER LABOR DISPUTES. The Voluntary
ArbitratororpanelofVoluntaryArbitrators,upon agreement of the parties,
shallhearanddecideallotherlabordisputesincludingunfairlaborpractices
andbargainingdeadlocks.
Art.262oftheLaborCodeprovidesthatuponagreementoftheparties,the
VoluntaryArbitratorcanhearanddecideallotherlabordisputes,including
terminationdisputeswhichordinarilyfallunderthejurisdictionoftheLabor
ArbitersunderArt.217oftheLaborCode.(Apalisokv.RPN,GRNo.138094,
May29,2003,J.CarpioMorales).
Article 217 (c) should be read in conjunction with Article 261 of the Labor
Code which grants to voluntary arbitrators original and exclusive jurisdiction
tohearanddecideallunresolvedgrievancesarisingfromtheinterpretationor
implementationofthecollectivebargainingagreementandthosearisingfrom
theinterpretationorenforcementofcompanypersonnelpolicies.Itcanthus
bededucedthatonlydisputesinvolvingtheunionandthecompanyshallbe
referred to the grievance machinery or voluntary arbitrators. (Maneja v.
NLRC,G.R.No.124013June5,1998).
InSanMiguelCorp.v.NLRC,G.R.No.108001,March15,1996,Termination
disputes do not necessarily involve enforcement or interpretation of
personnel policies because they are broad and longterm statements. As a
rule, therefore termination disputes should be lodged with a Labor arbiter.
Butthecasemaybebroughttovoluntaryarbitrationiftheparties,byvirtueof
Art. 262, state in unequivocal language that they agree to submit the
termination dispute to voluntary arbitration. Even a ULP case can, by
agreementoftheparties,bebroughtbeforevoluntaryarbitration.(Azucena,
EveryonesLaborCode,2001)
AVoluntaryArbitratorisaquasijudicialinstrumentality;hence,apetitionfor
certiorariunderRule65oftheRulesofCourtwillliewhereagraveabuseof
discretion or an act without or in excess of jurisdiction of the voluntary
arbitratorisshown.ThepetitionmaybefiledwiththeCourtofAppeals.
NCMB
TheNCMBcannotadjudicatebuttheitcanrecommendtothepartiesthatthe
disputebesubmittedtovoluntaryarbitrationbecausethepolicystatementof
thelawisvoluntarymeansofdisputesettlement

197

Noticesof
Strikesor
Lockout,other

disputefor
preventive
mediations
5

NationalConciliationandMediationBoard
(NCMB)involvingnoticesofstrikeorlockout
arisingfromcollectivebargainingdeadlocksor
allegationsofunfairlaborpractices.

The NCMB is a disputeresolution arm under the

administrative supervision of the Secretary of
Labor and Employment. Its main task is to help
settle labor disputes to prevent actual work
stoppages (Azucena, Everyones Labor Code,
2001).
NationalConciliation

andMediationBoard
After the receipt of Notice of strike/lockout, the
(NCMB)
NCMB conciliatormediators call the parties to
conciliationconferences.Theyarenotjudgesand
thereforetheycannotrenderverdicts.
OR

They can also urge submission of the dispute to

preventivemediationorarbitration.Undereither

proceedingsastrikeorlockoutiswithheld.

VOLUNTARY
OFFICEOFTHE
If there is no agreement, the Secretary of Labor
ARBITRATOR
SECRETARY
andEmploymentmayinterveneatanystage.

The Secretary of Labor and Employment may

Art.263(g) exercisehisauthorityunderArticle263(g)ofthe
CertifiedCases LaborCodetoassumejurisdictionoverthelabor
disputeortocertifythesametotheCommission

for compulsory arbitration when in his opinion,

NLRC
COURTOF
there exist a labor dispute causing or likely to
(COMMISSION
cause
a strike/lockout in an industry
APPEALS
LEVEL)
indispensable to national interest. (See Art.263
(g)oftheLaborCode)

A notice of strike or lockout, upon agreement of

parties, may be referred to alternative modes of
SUPREME
dispute
resolution,
including
voluntary
COURT
arbitration.(SeeSection9,RuleXXII,DO4003).

Notallnoticesofstrikesorlockoutsareassumed
/ certified by the Secretary of Labor and
Employment.

There are cases which are initially subject of

Notice of strike or lockout but are referred to
NLRCforcompulsoryarbitration,likeforinstance
ULPcomplaints.

Disputes initially subject of a notice of strike or

lockout may be brought under Art. 217 of the
LaborCode.

Note:
Under Art. 263 (g), disputes certified by the
Secretary of Labor and Employment under her
authority to assume jurisdiction are brought
directlytotheNLRC(CommissionLevel).

198

LABOR
STANDARDS
ART.128(b)LC
6

REGIONAL
OFFICE

OFFICEOFTHE
SECRETARY

COURTOF
APPEALS

SUPREME
COURT

Article 128 (b): Enforcement of Labor Standards

Laws
Art. 128 (b) of the Labor Code allows the Secretary
of Labor and employment, usually through an
authorized representative, to inspect places of
employment and, if necessary, issue compliance
orders and writs of execution to enforce labor
standards provisions of the labor laws. Orders
issued under Art. 128 (b) by representatives of the
Secretary of Labor and Employment may be
appealed to the Secretary of Labor and Employment
himself. Decisions of the Secretary of Labor and
Employment may then be brought before the CA and
thereafter, to the SC.
The authority of the DOLE Secretary under Art. 128
may be exercised regardless of the monetary value
involved. The Secretary of Labor and employment
may even order the stoppage of work or suspension
of operations of the inspected establishment or parts
of it. If the employer is at fault, he may be ordered to
pay the employees wages during the work stoppage
or suspension of operations. The requirement of due
process must be observed.
In Aboitiz Shipping Corp. v. De la Serna (GR No.
88538, April 25, 1990), it was held that a Regional
Director of Dole has the power to order rectification of
Labor Standards violation even if such violation is not
mentioned in the employees complaint.

199

LABOR
STANDARDS
ART.129,LC
7

REGIONAL
DIRECTOR

BLR
DIRECTOR

NLRC
(COMMISSION
LEVEL)

COURTOF
APPEALS

Article129oftheLC:RecoveryofWages,SimpleMoney
claimsandBenefits

TheRegionalDirectorsauthorityunderArt.129issubject
tofourrequisitesnamely:
1.The claim is presented by an employee or by person
employed in domestic or household service or a house
helper.
2.TheclaimarisesfromEREErelations.
3.Theclaimantdoesnotseekreinstatement.
4.Theaggregatemoneyclaimofeachemployeeorhouse
helperdoesnotexceedP5000.

If there is a claim for reinstatement or if the claimants

demandexceedsP5,000,thelaborarbiterhasjurisdiction
over the case pursuant to Art. 217 (6), except claims for
employees compensation, social security, Medicare, Phil
health and maternity benefits. Even as regards labor
arbiter,however,ErEerelationisaprerequisiteasbasis
oftheclaim.

Adecisionrenderedunderthisarticle,beingadjudicatory,
isappealabletotheNLRC.(AZUCENA)

Note:
Under Art. 129 of the LC, the Regional Director or a
hearing officer of the DOLE hear and decide disputes
involvingtherecoveryofwagesforaslongtheaggregate
claim does not exceed P5000 and reinstatement is not
sought. Designed to expedite enforcement of simple
money claims, hearings are summary in nature and
decisions may be appealed to the Commission level of
theNLRC.

SUPREME
COURT

200

InterIntra
Union
Disputes
8

REGIONAL
DIRECTOR

MED
ARBITER

OFFICEOFTHE
SECRETARY

COURTOF
APPEALS

InterIntraUnionDisputes

Generally, IntraInter Union disputes are heard in

administrative proceedings by the regional offices or
the BLR, depending on the labor organization
concerned. DO No. 4003 provides that interintra
union disputes are resolve by MedArbiters in the
regional offices with the exception of petitions for
cancellation of registration of labor organizations and
petitionsforderegistrationofCBAswhichareresolved
bytheappropriateRegionalDirectororherappointed
hearingofficer.

The decisions of the MedArbiter and the Regional

DirectormaybeappealedtotheBLR.Thedecisionsof
the Bureau Director in the exercise of her original
jurisdiction may be appealed to the Office of the
Secretary.

Note:
The rules allow one motion for reconsideration and
thereafter, the decision of the Bureau Director or the
Secretary of Labor and Employment will be final and
executory,butthisiswithoutprejudicetoapetitionfor
certiorari (Rule 65) with the CA. Decisions of the CA
may thereafter be brought to the SC by petition for
reviewoncertiorari(Rule45).

SUPREME
COURT
Section5(RuleXI,DO4003)

Wheretofile:

Complaintsorpetitionsinvolving:

1. Labor unions with independent registrations, chartered locals, workers associations, its officers or members
shallbefiledwiththeRegionalOfficethatissueditscertificateofregistrationorcertificateofcreationofchartered
local.

2. Federations, national unions, industry unions, its officers or member organizations shall be filed with the
Bureau.

Petitionsforcancellationofregistrationoflaborunionswithindependentregistrations,charteredlocals,workers
associationsandpetitionsforderegistrationofcollectivebargainingagreementsshallberesolvedbytheRegional
Director.He/shemayappointaHearingOfficerfromtheLaborRelationsDivision.

OtherInterIntraunionandrelatedlaborrelationsdisputesshallbeheardandresolvedbytheMedArbiterinthe
Regional
Office.
Complaints or petitions involving federations, national unions, industry unions, trade union centers and their
chartered local, affiliates or member organizations shall be filed with the Regional Office or the Bureau. The
complaintorpetitionshallbeheardandresolvedbytheBureau.

Whentwoormorepetitionsinvolvingthesamepartiesandthesamecausesofactionarefiled,thesameshallbe
automaticallyconsolidated.

201

Representation
Issues
9

MED
ARBITER

BLR
DIRECTOR

OFFICEOFTHE
SECRETARY

COURTOF
APPEALS

SettlementofRepresentationIssuesUnderArt.256oftheLaborCode

Representation Issues are heard and resolved by MedArbiter of the

appropriate regional office. The decisions of the MedArbiters may be
appealed to the Secretary of labor and employment (see Art. 259) whose
decisionsinturnmaybequestionedbeforeCA(Rule65)andthereafterthe
disputemaybebroughtbyanypartytotheSC(Rule45).

Note:
AninstancewhichcannotbeappealedisSection17,RuleVIIIofDept.Order
No. 4003 (2003) on certification elections which provides that the order
granting the conduct of a certification election in an unorganized
establishments shall not be subject to appeal. Any issue arising therefrom
may be raised by means of protest on the conduct and results of the
certificationelection.

SUPREME
COURT

202

CriminalActionforIllegalRecruitment
(Section5,R.A.No.10022)

RTC

If the Resolution of the

Prosecutor finding probable

cause for prosecution of illegal

recruitment is not elevated for

review with the Secretary of
Justice, the Prosecutor will file
the information with the
RegionalTrialCourtfortrial.

CA

FindingofconvictionbytheRTC
may be elevated to the CA by

Ordinary Appeal or by writ of

errorunderRule41.

The case may also be

elevated to the CA by
petition for certiorari under
Rule 65 if proper grounds for
it exists.

SC

FindingofconvictionbytheRTC
maybeelevatedtotheSCby

petitionforreviewoncertiorari
underRule45.

The case may also be elevated

to the SC by petition for
certiorari under Rule 65 if
propergroundsforitexists

ProsecutorsOffice
Filing of Complaint
Affidavit
with
Prosecutors Office (To
Conduct Preliminary
Investigation)
Section5ofR.A.No.10022

WhocanfileanactionforIllegalRecruitment?

In the filing of cases for illegal recruitment or

anyoftheprohibitedactsunderthissection,the
Secretary of Labor and Employment,thePOEA
Administrator or their duly authorized
representatives, or any aggrieved person may
initiate the corresponding criminal action with
theappropriateoffice.

For this purpose, the affidavits and testimonies

ofoperativesorpersonnelfromtheDepartment
of Labor and Employment, POEA and other law
enforcement agencies who witnessed the acts
constituting the offense shall be sufficient to
prosecutetheaccused.

Intheprosecutionofoffensespunishableunder
this section, the public prosecutors of the
DepartmentofJusticeshallcollaboratewiththe
antiillegalrecruitmentbranchofthePOEAand,
incertaincases,allowthePOEAlawyerstotake
the lead in the prosecution. The POEA lawyers
who act as prosecutors in such cases shall be
entitledtoreceiveadditionalallowancesasmay
bedeterminedbythePOEAAdministrator.

The filing of an offense punishable under this

Act shall be without prejudice to the filing of
casespunishableunderotherexistinglaws,rules
orregulations."

DOJ
Any Adverse decision of the
Prosecutormaybeappealedtothe
SecretaryofJustice(DOJ).

CA
AdversedecisionoftheSecretaryof
Justice may be appealed to the CA
bypetitionforcertiorariunderRule
65.

SC
DecisionoftheCAmaybeappealed
to the Supreme Court by petition
for review on certiorari under Rule
45.

Section9ofR.A.No.8042

VENUE:
A criminal action arising from
illegal recruitment as defined
herein shall be filed with the
RegionalTrialCourtof:

1.Theprovinceorcitywherethe
offensewascommitted;or

2. Where the offended party

actuallyresidesatthesametime
of the commission of the
offense.

Provided: The court where the

criminal action is first filed shall
acquire jurisdiction to the
exclusionofothercourts.

Provided further, that the

aforestated provisions shall also
apply to those criminal actions
that have already been filed in
court at the time of the
effectivityofthisAct.

203