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1.

Who may determine E-E relationship?
a. Dole secretary or dole regional directors to the exclusion of LA and NLRC
b. Med-arbiter
c. Social security commission

2.

If the OFW was not able to fly, will the LA have jurisdiction?
YES. LA have jurisdiction even absent the employment relationship. In Santiago vs. CF
Sharp Crew Management Inc. the OFW who was not deployed may file monetary claims
with the Labor Arbiter because its jurisdiction is not limited to claims arising from E-E
relationship. Under migrant workers and OFW act of 1995, LA may exercise jurisdiction over
the claims of OFWs not only which arise from E-E relationship but also by virtue of any law
or contract involving OFWs including claims for any form of damages
*even the heirs of the deceased OFW have personality to file the claim
*VA will have jurisdiction over money claims IF there is a CBA between foreign employer
and bargaining union of OFWs
*POEA has jurisdiction over recruitment violations and disciplinary actions

3.

What cases fall under the jurisdiction of the LA?
a. Unfair labor practice (civil aspect only)
b. Illegal dismissal (not a grievance, conferred to LA by operation of law)
c. Money claims exceeding 5k (principal action is illegal dismissal)
d. Damages (including atty fees)
e. Legality of strikes and lockouts
f. Disputes involving legislated wage increase and distortion in an unorganized
establishment not voluntarily settled by the parties
g. Contested cases under the exception clause in 128(b) of Labor code
h. Compromise agreements when there is non-compliance
i. Issuance of WoE to enforce decisions of VA when VA who rendered the decision is
absent or incapacitated
j. Money claims of OFWs
k. Other cases
i. GOCC without original charters
ii. Kasambahay in claims > 5k
iii. Employees of cooperatives (money claims and dismissal only)
iv. Counter-claims of employers against employees

4.

What are the exceptions?
a. Assumed cases – DOLE SEC/ PREZ assumes jurisdiction over nation interest cases
b. Certified cases – NLRC exercises compulsory arbitration over national interest cases
certified by the DOLE SEC
c. Cases arising from CBA – referred to grievance machinery and voluntary arbitration
as provided in the agreement
d. Cases submitted to VA – when parties mutually agree to submit the case before VA

5.

LA has no jurisdiction over?
a. Non compete clause
b. Claims for payment of Cash advance, car, loans of employee
c. Dismissal of corporate officers and their money claims
d. Cases Involving entities immune from suit (DFA vs NLRC: ADB is immune and
such extends to its officers) unless acting in proprietary activity (restaurant at John
Hay)
e. Cases falling under forum non conveniens
i. Parties may conveniently resort to PH court
ii. In a position to make intelligent decisions as to the law and facts
iii. Likely to have power to enforce its decision
f. Constitutionality of CBA (Halaguena vs. PAL)
i. It is an ordinary civil action
ii. Issue cannot be resolved solely by applying labor code
iii. E-e merely incidental since CoA arose from Constitution

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Expressly mentioned in corporation code and by laws b. Question legality before LA/ VA c. Nacpil – includes controversies involving both election and appointment of directors c. File a notice with NCMB b.6. Who are corporate officers? a. JURISDITION OF CONTESTED CASES UNDER THE EXCEPTION CLAUSE INVOLVING INSPECTION BELONGS TO WHICH TRIBUNAL? (7) LA! 128(b) states that “the DOLE SEC or duly authorized rep shall issue writs of execution EXCEPT in cases where the employer contests the findings and raises issues supported by documentary proofs which were not considered in the course of inspection” 3 elements must concur: (1) employer contests the findings and raises issues thereon (2) in order to resolve such. NLRC rule 65  CA then rule 45  SC c. Payroll reinstatement b. DOLE SEC may assume jurisdiction or certify the same for NLRC e. From LA  NLRC b. Grounds: i. When employer refuses to reinstate employee c. the parties may submit dispute to voluntary arbitration 10. REQS: i. STILL required when: i. Tabang – intra corporate controversy is one which arises between SH and the corporation (too broad) b. Purely on questions of law iv. Elected or appointed by directors or sh c. Before or at any stage of compulsory arbitration. Prima facie evidence of Abuse of discretion by LA ii. there is a need to examine evidentiary matters (3) such matters are not verifiable in the normal course of inspection Meteoro vs Creative Creatures Inc. Serious errors in findings of fact which if not corrected would cause grave or irreparable damages d. No way of staying execution d. Immediately executory pending appeal applies only to those issued by LA (LA may issue motu proprio) i. Appeal a. Employer disobeys report of compliance ii. 2 elements to determine if intra corporate or not? i. Decision secured through fraud or coercion iii. Given that character by corpo code or by laws (prez. Nature of the question that is the subject of controversy 7. Discuss the doctrines in the ff cases: a. Actual reinstatement ii. Does not apply when dismissal is legal 11. secretary. Matling industrial and commercial corporation – corporate officers are those expressly mentioned in the corporation code or by-laws 8. what is the process with strikes/lockouts? a. Within reglementary period (10 calendar days from receipt of counsel) 2 . 9. Status or relationship of parties ii. Reinstatement pending appeal a. treasurer) d. Secure injunctive relief with NLRC as LA & VA has none d.

not inadequate 13. he should refund the salaries received if his dismissal is finally found legal on appeal. Garcia (1) “refund doctrine” of Genuino should no longer be observed. Can either be cash/ property/ surety when decision involves monetary award b. Cases decided by DOLE regional directors involving small money claims c. employee may be barred from collecting accrued wages. BONDS a. Based on meritorious grounds iii. if the delay in enforcing the reinstatement pending appeal was without fault on the part of the employer (3) two-fold test: there must be delay. certified cases d. Equivalent to monetary award EXCLUDING damages and atty fees c. Contempt cases by LA d. he will not be required to reimburse the salary he received in case of reversal. or order of reinstatement pending appeal was not executed prior to its reversal delay must not be due to the employer’s act or omission 3 . 8 from workers sector iii. even if the decision of the LA is reversed. original jurisdiction of NLRC a. Discuss the doctrines under reinstatement wages: Roquero If employer fails to follow reinstatement order of LA but instead initiates appeal. Genuino If employee was reinstated only on the payroll. 1 chair + 7 from public sector ii. Cases of OFWs under migrant workers act 16. injunction in ordinary labor disputes b.ii. If the employee was reinstated. injunction in lockouts/strikes c. All cases decided by LA b. What is the composition of the NLRC? a. Motion with partial bond. annul or modify orders of LA 15. Pay appeal and legal research fee File memo of appeal Proof of service (not jurisdictional in some cases) Posting cash/ property/ surety bond in case of monetary awards 12. When reduced? i. In case of failure to post. he will still be liable to pay reinstatement wage from the time of the order of reinstatement until the date of reversal. exclusive appellate jurisdiction of NLRC? a. v. If filed within period ii. employee’s remedy is MtD and NOT mandamus d. 24 members i. iv. 8 from employers sector b. iii. (2) Requero was modified. en banc has no adjudicatory powers. they only promulgate rules and formulate policies 14.

Impending strike or lockout . LA in region where movant resides may issue but only upon motion 20. Actual strike or lockout – return to work under existing conditions c.17. Offenses penalized under labor code – 3 years from commission g. Between labor union and employer ii. Disability claims – 10 years from disability d. Validity of expulsion or any disciplinary action meted against any officer and member c. Simple illegal recruitment – 5 years h. Illegal recruitment involving economic sabotage – 20 years i. 4 years from contingency e. Non-remittance of SSS against employer – 20 years from time delinquency is known. Money claims of OFW – 3 years f. Illegal dismissal – 4 years NATURE OF CLAIM ULP Money claims of OFW Offenses under labor code GSIS claims Illegal dismissal Simple illegal recruitment Disability claims with SSS Illegal recruitment with eco sabotage Non-remittance of SSS vs employer PRESCRIPTION 1 3 3 4 4 5 10 20 20 4 . Intra-union disputes (conflict within a labor union) i.auto enjoined b. Other related labor relations disputes i. national or industry and trade unions Examination of books of the aforementioned Intra-union of such Contempt 19. Inter union disputes (conflict between legitimate labor unions involving representation for purposes of CBA) b. Union and a group not a labor org iii. assessment is made by SSS or time benefit accrues c. GSIS claims – except for life and retirement. If VA or panel of VAs absent or incapacitated. Cases already filed – absorbed by the certified case d. ULP – 1 year from time committed b. VA may motu proprio or on motion issue a writ of execution within 5 years from the date it becomes final and executory b. Jurisdiction of MED ARBITERS/ DOLE DIRECTORS/ BLR DIRECTOR in general a. effects of certification? a. Union and individual not member of such union MED ARBITER Inter union (Appeal To DOLE) Intra union (Appeal To BLR) Other related labor relations disputes (Appeal To BLR) Contempt DOLE REGIONAL DIRECTOR (Appeal To BLR) Cancellation of registration of unions Deregistration of CBAs Examination of book of accounts BLR DIRECTOR Registration/cancellation of federations. Election of officers ii. Jurisdiction with division having territorial jurisdiction over principal office 18. How is the writ of execution from VA enforced? a. Prescription of actions a.