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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. The conclusions QuickTime™ of a division on any case and a TIFF (Uncompressed) decompressor submitted to it for decision shall be reached in are needed to see this picture. 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 Æ Metro Manila 7th Division Æ Cebu 8th Division Æ 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
however. retirement and benefits as. . respectively. Art. In no case. and be entitled to the same allowances. retirement and other benefits and privileges as those of RTC Judges. receive an annual salary equivalent to.salaries. Salaries. benefits and other emoluments in accordance with law. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. receive an annual salary equivalent to and be entitled to the same allowances. 216. allowances and benefits of the aforementioned officials. benefits and other emoluments Chairman and Commissioners shall have the same rank. shall the provision of this Article result in the diminution of the existing salaries. LAs shall have the same rank. those of the Presiding Justice and Associate Justices of the Court of Appeals.
on grounds of lack of jurisdiction over the subject matter. Subject to Art. 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. 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. Pleadings Prohibited pleadings: QuickTime™ and a TIFF (Uncompressed) decompressor a. 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. assignment or travel. Motion for a bill of particulars c. He is a duly accredited member of a legal aid office recognized by the DOJ and the IBP upon presentation of his accreditation e. A non-lawyer may appear or counsel in the proceedings only under the following conditions: a. improper venue. 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. A reply may be filed by either party within 10 calendar days from receipt of the position papers. Submission of Position Paper and Reply When required. He represents a member or members of a LLO existing within an employer’s 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 employer’s establishment d. He represents himself as party to the case b. LA shall determine whether there is a need for a hearing or clarificatory conference and at his discretion. Venue of a case may be transferred to another branch upon written agreement of the parties or upon order of the LA or NLRC. 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. 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. He represents a LLO which is a party case. Motion to declare defendant in default g. mandamus or prohibition f. 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. If 2 or more RABs have jurisdiction over the workplace of the complainant. . 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. at the option of the complainant. the branch that first acquired jurisdiction over the case shall exclude the others. the LA may ask clarificatory questions to elicit further information on facts. Motion for new trial d. Venue – place where the employee is regularly employed at the time the cause of action arose.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. 263 (g) of the Code. Petition for relief from judgment when filed with the LA e. For field. whether on temporary detail. prescription and forumshopping) b. 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. upon motion by the proper party in meritorious cases. Motion to dismiss (except are needed to see this picture. ambulant or itinerant workers. Petition for certiorari. Appearances A lawyer appearing for a party is presumed authorized to appear for such purpose.
that substantial and irreparable injury to petitioner’s property will follow. a substantial or irreparable injury to petitioner’s property will be unavoidable. All pleadings and motions QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. c. the LA loses jurisdiction over the case. if sufficient. LA has full control and shall personally conduct the hearing / clarificatory conference. or by oath. If the petitioner shall also allege that unless a TRO shall be issued without notice. and in case of orders and resolutions of the Regional director of the DOLE. 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 only after a finding of fact by the Commission: a. d) in 3 copies e) accompanied by – i. relief prayed for. the grounds relied upon and arguments in support thereof ii. such a TRO may be issued upon testimony under oath. proof of payment of required appeal fee ii. Appeals Decisions and orders of the LA are final and executory unless appealed to the Commission within 10 calendar days. proof of service upon other parties In case the decision of the Labor Arbiter or the Regional Director involves a monetary award. or by affidavits of the petitioner’s witnesses. if sustained to justify the Commission in the issuance thereof. that the prohibited acts have been threatened and will be committed and continued unless restrained. posting of a bond iii. 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. d. iii. . b.1 of this Rule b) verified by the appellant himself in accordance with the Rules of Court Sec. Rule 7 c) in form of a memorandum of appeal stating i. Requisites of perfection of appeal: 1. certificate of non-forum shopping iv. statement of the date appellant received the appealed decision.4. that the petitioner has no adequate remedy at law. that as to each item of relief to be granted. pertaining to the appealed case shall thereafter be addressed to and filed with the Commission. and testimony by way of opposition thereto. an appeal by the employer may be perfected only upon the posting of a bond. that the public officers charged with the duty to protect petitioner’s property are unable or unwilling to furnish adequate protection. e. within 5 days from receipt thereof. Once an appeal is filed. No motion or request for extension of the period to appeal is allowed. Appeal must be: a) filed within the reglementary period provided in Sec. greater injury will be inflicted upon respondents by the granting of relief.
the constitutional commissions and the judiciary 2. natural or judicial. branches. Retirement c. Dependents Pension 3. Retirement 4. Unemployment 2. SELF-EMPLOYED – considered both employer and employee 1. Parents dependent for support 1. Not over age of majority. Dependent Legitimate or Legitimated or Legally Adopted and Illegitimate Children a. Permanent Disability 6. including GOCCs. EMPLOYEE – any person who performs services for an employer who receives compensation for such services. ALL MEMBERS a. EMPLOYEE – any person receiving compensation while in service of an employer as defined herein. EMPLOYER – the national government.e. any other person designated by member as secondary beneficiary a. benefits shall be QuickTime™ a paid to and Legal Heirs in accordance with Law TIFF (Uncompressed) decompressor d to Succession see this picture. Maternity (ONLY 1ST FOUR DELIVERIES OR MISCARRIAGES) 1. Disability d. OR 4. Dependent Spouse until remarriage AND b. Life Insurance b. Dependent Parents b. Legal spouse entitled for support. OR 3. whether legitimate. JUDICIARY . Sickness 8. its political subdivisions. legitimate descendants 3. Dependent Children 2. as the case may be a. Child. Has not reached 21 years of age. agencies or instrumentalities. where there is an employeremployee relationship 3. PRIMARY 1. OTHERS BENEFITS As to DEATH BENEFITS. 2. 3. whether by election or appointment DEPENDENTS CONDITIONS FOR CHILD TO BE CONSIDERED DEPENDENT BENEFICIARIES 1. Separation f. legitimated. 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. Legitimate descendants subject to restrictions on dependent children. and financial institutions with original charters. if no beneficiary qualifies under the Act. Dependent Spouse until remarriage AND b.. Absent primary and secondary beneficiaries. branches and instrumentality. Funeral 7. SECONDARY a. Monthly Pension 2. including GOCCs. domestic or foreign who carries on in the Philippines any trade. Death 5. 3. 2. Legal. are neede of 1. Unmarried. business. Survivorship e. i. Incapable of supporting himself either physically or mentally prior to 21 years of age or age of majority. legally adopted or illegitimate.ANNEX O: Salient Features of the SSS Law and GSIS Law Social Security Act of 1997 (RA 8282) WHO ARE COVERED Government Service Insurance Act of 1997 (RA 8291) 1. Not gainfully employed. those under GSIS 2. EMPLOYER – any person. Dependent Parents AND b.
directors. Members of judiciary and constitutional commissions: covered by life insurance only . or international 1. 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. partners and single-proprietors of business. Members of the PNP 3. upon their registration with the SSS c. professional athletes. if employed when such vessel is outside of Philippines 3. coaches. who have no employer-employee relationship with the agency to serve 4. Self-employed persons as may be determined by the Commission under such rules and regulations as it may prescribe. 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 2. Service performed on or in connection with alien vessel. VOLUNTARY *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. Employment purely casual and not FROM for purpose occupation.9. Service performed in the employ of a foreign government. Employee separated from employment to maintain his right to full benefits c. EXCEPTIONS are needed1. including. Q uickTime™ and a TIFF (Uncompressed) decompressor to see this picture. actors and actresses. Individual farmers and fishermen under SSS rules and regulations a. Filipinos recruited by foreign-based employers for employment abroad b. but limited to: all self-employed professionals. Domestic helpers sixty years of age and below with a monthly income of not less than P1. irrespective of employment status a. trainers and jockeys.000 on the date of their employment d. COMPULSORY A. scriptwriters and news correspondents not employees. All employees not over sixty (60) years of age and their employers. Loan Grant COVERAGE 1. Life Insurance ONLY – ALL TAX EXEMPT COMPULSORY for all employees receiving compensation who have not reached compulsory retirement age. Employees of Philippine government or instrumentality or agency thereof 4. Contractual employees. or business COVERAGE employer 2. and individual farmers and fishermen. Members of the AFP 2.
overtime pay. Employer’s contributions 2. occupation. fees.COMPENSATION BASIS OF CLAIM organizations. death and old age and other contingencies resulting in loss of income or financial burden (sec. salaries of the employee and such other matter as determined by the and dependents of all his covered GSIS employees B. Coverage SETTLEMENT laws administered by GSIS 2. Employer’s contribution on his account ceases 2. Services performed by temporary employees and other employees excluded by SSS regulation. 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. 2) The basic pay or salary received by an employee. excluding per diems. habitual intoxication. positions. PROCESS/LIEN are needecharges. Contributions Jurisdiction: GSIS 4. bonuses. Report to GSIS the names. 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. sickness. Employee’s/member’s contributions EXEMPTION Property. Any matters related thereto When decision made: 30 days from receipt of the hearing officer’s findings and Jurisdiction: Social Security Commission recommendations or 30 days after submission for decision . 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. or willful intention to kill himself or another (sec. civil status. Benefits 3. and revenues of SSS and GSIS are all exempt from taxes. and all QuickTime™ and a FROM TAX/LEGAL benefits paid by SSS or GSIS shall likewise be exempt from taxes. age. Employer: Report immediately to SSS the names. pursuant to his election/appointment. Penalties 5. average monthly net income and his dependents FUNDING 1. employment REQUIREMENTS ages. 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. maternity. occupations. and duties of all kind DISPUTE Dispute arising from: Any dispute arising under this Act and other 1. salaries status. including the mandated cost-of-living allowance. assessments. civil status. or wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside of the Philippines 5. and shall be entitled to whatever benefits he has qualified to in the event of any contingency compensable under this Act EFFECTS OF SEPARATION FROM EMPLOYMENT 1. assets. Employee’s obligation to contribute also ceases at the end of the month of separation 3. 1517) A member separated from the service shall continue to be a member. TIFF (Uncompressed) decompressor d to see this picture. Self-employed: Report to SSS within 30 days from the first day of his operation. honoraria. his name.
.When decision made: Mandatory period of 20 days from submission of evidence Appeal: CA – questions of law and facts SC – questions of law only 10 years from accrual of right of action Appeal: CA – Rule 43. Section 31 SC – Rule 45 PRESCRIPTIVE PERIOD 4 years from date of contingency QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.