Nature
of
jurisdiction
v The
jurisdiction
of
labor
arbiters
is
original
and
exclusive
in
nature;
they
do
not
have
appellate
jurisdiction.
v The
cases
that
the
labor
arbiter
can
hear
and
decide
are
employment-related.
Where
there
is
no
employer-employee
relationship
and
no
issue
is
involved
which
may
be
resolved
by
reference
to
the
LCP,
other
labor
statutes
or
any
CBA,
it
is
the
RTC
that
has
jurisdiction.
Cases
under
the
jurisdiction
of
LAs
v Art.
224
of
the
LCP
provides
that
labor
arbiters
have
jurisdiction
over
the
following
cases:
1. Unfair
labor
practice
(ULP)
cases;
2. Termination
disputes
(or
illegal
dismissal
cases);
3. Cases
that
workers
may
file
involving
wages,
rates
of
pay,
hours
of
work
and
other
terms
and
conditions
of
employment,
if
accompanied
with
claim
for
reinstatement.
4. Claims
for
actual,
moral,
exemplary
and
other
forms
of
damages
arising
from
the
employer-employee
relations;
5. Cases
arising
from
any
violation
of
Article
264
of
this
Code,
including
questions
involving
the
legality
of
strikes
and
lockouts;
6. Except
claims
for
Employees
Compensation,
Social
Security,
Medicare
and
maternity
benefits,
all
other
claims
arising
from
employer-employee
relations,
including
those
of
persons
in
domestic
or
household
service,
involving
an
amount
exceeding
five
thousand
pesos
(P5,000.000
)
regardless
of
whether
accompanied
with
a
claim
for
reinstatement.
7. Monetary
claims
of
overseas
contract
workers
arising
from
employer- employee
relationship
under
the
Migrant
Workers
Act
as
amended.
8. Wage
distortion
disputes
in
unorganized
establishments
not
voluntarily
settled
by
the
parties
pursuant
to
RA
6727
(in
organized
establishments,
jurisdiction
is
vested
with
voluntary
arbitrators)
9. Enforcement
of
compromise
agreements
when
there
is
non-compliance
by
any
of
the
parties
pursuant
to
Art.
227
of
the
LCP,
as
amended;
and
10. Other
cases
as
may
be
provided
by
law.
v Money
claims
falling
within
the
original
and
exclusive
jurisdiction
of
the
labor
arbiters
may
be
classified
as
follows:
1. Any
money
claim,
regardless
of
amount,
accompanied
with
a
claim
for
reinstatement
(which
involves
a
termination
case);
or
2. Any
money
claim,
regardless
of
whether
accompanied
with
a
claim
for
reinstatement,
exceeding
the
amount
of
P5,000.oo
per
claimant
(which
does
not
necessarily
involve
termination
of
employment)
Jurisdiction
of
LAs
vis--vis
NLRC
v NLRC
only
exercises
exclusive
appellate
jurisdiction
over
cases
decided
by
the
LAs
over
cases
which
the
LAs
have
original
and
exclusive
jurisdiction.
v The
NLRC
cannot
have
appellate
jurisdiction
if
a
claim
does
not
fall
within
the
exclusive
original
jurisdiction
of
the
LA.
v Labor
arbiters
however
exercise
concurrent
jurisdiction
with
the
NLRC
with
respect
to
contempt
cases.
Labor
Arbiter
v.
Regional
Director
v Under
Art.
129,
jurisdiction
of
the
Regional
Director
is
limited
to
claims
for
v The
Labor
Arbiter
exercises
jurisdiction
over
all
other
claims
arising
from
employer-employee
relations
including
those
of
persons
in
domestic
or
household
service
involving
an
amount
not
exceeding
P5,000,
whether
or
not
accompanied
with
a
claim
for
reinstatement.
Contempt
powers
v Labor
arbiters,
concurrent
with
the
NLRC,
exercise
contempt
powers.
The
Chairman
or
any
commissioner
or
labor
arbiter
may
summarily
adjudge
guilty
of
direct
contempt
any
person
committing
any
act
of
misbehavior
in
the
presence
of
or
so
near
the
Chairman
or
any
Commissioner
or
Labor
Arbiter
as
to
obstruct
or
interrupt
the
proceedings
before
the
same,
including
disrespect
toward
said
officials,
offensive
acts
towards
others,
or
refusal
to
be
sworn
or
to
answer
as
a
witness
or
to
subscribe
to
an
affidavit
or
deposition
when
lawfully
required
to
do
so.
(Sec.
1,
Rule
IX,
2011
NLRC
Rules
of
Procedure
v Labor
arbiters
may
also
cite
any
person
for
indirect
contempt.
(Sec.
2,
ibid)
Injunction
v The
2011
NLRC
Rules
do
not
grant
injunction
power
to
the
labor
arbiters.
Art.
218
of
the
Labor
Code
grants
injunctive
power
only
to
the
Commission
which
obviously
refers
to
the
NLRCs
various
divisions
and
not
to
labor
arbiters.
2.
Reinstatement
pending
appeal
Effect
of
perfection
of
appeal
on
execution
v The
perfection
of
an
appeal
shall
stay
the
execution
of
the
decision
of
the
labor
arbiter
except
execution
for
reinstatement
pending
appeal.
(Sec.
3,
Rule
XI
of
2011
Rules)
v Art.
223
of
the
LCP
is
clear
that
an
award
by
the
Labor
Arbiter
for
reinstatement
shall
be
immediately
executory
even
pending
appeal
and
the
posting
of
a
bond
by
the
employer
shall
not
stay
the
execution
for
reinstatement.
(Pioneer
Texturizing
Corp.
v.
NLRC,
GR
No.
118651,
[1997])
Effect
of
failure
or
refusal
to
immediately
reinstate
even
pending
appeal
v Labor
arbiter
shall
immediately
issue
a
writ
of
execution,
even
pending
appeal,
directing
the
employer
to
:
(1) immediately
reinstate
the
dismissed
employee
either
(a)
physically
or
(b)
in
the
payroll;
and
(2)
to
pay
the
accrued
salaries
as
a
consequence
of
such
non- reinstatement.
(Sec.
9,
Rule
XI,
2011
NLRC
Rules)
v Even
if
the
order
of
reinstatement
is
reversed
on
appeal,
it
is
obligatory
on
the
part
of
the
employer
to
reinstate
and
pay
the
wages
of
the
dismissed
employee
during
the
period
of
the
appeal
until
reversal
by
the
higher
court.
On
the
other
hand,
if
the
employee
has
been
reinstate
during
the
appeal
period
and
such
reinstatement
order
is
reversed
with
finality,
the
employee
is
not
required
to
reimburse
whatever
salary
he
received
for
he
is
entitled
to
such,
more
so
if
he
actually
rendered
services
during
the
period.
(Pfizer
v.
Velasco,
GR
No.
117467,[2011])
v Unless
there
is
a
restraining
order,
it
is
ministerial
upon
the
labor
arbiter
to
implement
the
order
of
reinstatement
and
it
is
mandatory
on
the
employer
to
comply
therewith.
(Garcia
v.
PAL,
GR
No.
164856,
[2009])
3.
Requirements
to
perfect
appeal
to
NLRC
Appeal
is
perfected
when
v The
appeal
is
perfected
when:
1. Filed
within
the
reglementary
period
of
10
calendar
days
from
receipt
if
it
involves
a
decision,
award
or
order
of
the
labor
arbiter,
or
5
calendar
days
when
it
involves
a
decision
or
resolution
of
the
regional
director.
2. Verified
by
the
appellant
himself
in
accordance
with
Sec.
4,
Rule
7
of
the
Rules
of
Court,
as
amended
5. Accompanied
by
(i)
proof
of
payment
of
the
required
appeal
fee;
(ii)
posting
of
cash
or
surety
bond
by
the
employer
if
the
decision
involves
a
monetary
award
equivalent
in
amount
to
the
monetary
award,
(iii)
a
certificate
of
non-forum
shopping;
and
(iv)
proof
of
service
upon
other
parties.
(Sec.
4,
Rule
VI,
2011
Rules)
v Mere
notice
of
appeal
without
complying
with
the
aforementioned
requisites
shall
not
stop
the
running
of
the
period
for
perfecting
an
appeal.
Grounds
for
filing
appeal
v If
there
is
prima
facie
evidence
of
abuse
of
discretion
on
the
part
of
the
Labor
Arbiter
or
Regional
Director;
v If
the
decision,
award
or
order
was
secured
through
fraud
or
coercion,
including
graft
and
corruption;
v If
made
purely
on
questions
of
law;
and/or
v If
serious
errors
in
the
findings
of
facts
are
raised
which,
if
not
corrected
would
cause
grave
or
irreparable
damage
or
injury
to
the
appellant.
(Sec.
2,
Rule
VI,
2011
Rules)
Bond
is
required
for
perfection
of
appeal
v In
case
the
decision
of
the
Labor
Arbiter
or
Regional
Director
involves
a
monetary
award,
an
appeal
by
the
employer
may
be
perfected
only
upon
posting
of
a
bond.
(Sec.
6,
Rule
VI,
2011
Rules)
What
are
the
forms
of
the
appeal
bond
v It
shall
either
be
in
the
form
of
cash
deposit
or
surety
bond
equivalent
in
amount
to
the
monetary
award,
exclusive
of
damages
and
attorneys
fees.
(Sec.
6,
Rules
VI,
2011
Rules)
Who
may
issue
a
surety
bond
v It
shall
be
issued
by
a
reputable
bonding
company
duly
accredited
by
the
Commission
or
the
Supreme
Court
and
shall
be
accompanied
by
original
or
certified
true
copies
of:
1. A
joint
declaration
under
oath
by
the
employer,
his
counsel,
and
the
bonding
company,
attesting
that
the
bond
posted
is
genuine,
and
shall
be
in
effect
until
final
disposition
of
the
case;
2. An
indemnity
agreement
between
the
employer-appellant
and
bonding
company;
3. Proof
of
security
deposit
or
collateral
securing
the
bond,
provided,
that
a
check
shall
not
be
considered
as
an
acceptable
security;
4. A
certificate
of
authority
from
the
Insurer
Commission;
5. Certificate
of
registration
from
the
SEC;
6. Certificate
of
authority
to
transact
surety
business
form
the
Office
of
the
President;
7. Certificate
of
accreditation
and
authority
from
the
Sc;
and
8. A
notarized
board
resolution
or
secretarys
certificate
from
the
bonding
company
showing
its
authorized
signatories
and
their
specimen
signatures.
(Sec.
6,
Rule
VI,
2011
NLRC)
Period
within
which
a
cash
or
surety
bond
shall
be
valid
and
effective
v From
the
date
of
deposit
until
the
case
is
finally
decided,
resolved
or
terminate,
or
the
award
satisfied.
This
condition
shall
be
deemed
incorporated
in
the
terms
and
conditions
of
the
surety
bond,
and
shall
be
binding
on
the
appellants
and
the
bonding
company.
(Sec.
6,
Rule
VI,
2011
NLRC)
Effect
if
bond
is
found
to
be
irregular
or
not
genuine
v The
Commission
shall
cause
the
immediate
dismissal
of
the
appeal,
and
censure
or
cite
in
contempt
the
responsible
parties
and
their
counsels,
or
subject
them
to
reasonable
fine
or
penalty.
(Sec.
6,
Rule
VI,
2011
Rules)
Reduction
of
bond,
when
allowed
v Generally,
the
appeal
bond
may
not
be
reduced.
What
constitutes
reasonable
amount;
the
Mcburnie
Rule
v To
ensure
the
provisions
of
Section
6,
Rule
VI
of
the
NLRC
Rules
that
give
parties
the
chance
to
seek
a
reduction
of
the
appeal
bond
are
effectively
carried
out,
without
however
defeating
the
benefits
of
the
bond
requirement
in
favor
of
a
winning
litigant,
all
motions
to
reduce
bond
that
are
filed
with
the
NLRC
shall
be
accompanied
by
the
posting
of
a
cash
or
surety
bond
equivalent
to
10%
of
the
monetary
award
that
is
subject
of
the
appeal,
which
shall
provisionally
be
deemed
the
reasonable
amount
of
the
bond
in
the
meantime
that
an
appellants
motion
is
pending
resolution
by
the
Commission.
Only
after
the
posting
of
a
bond
in
the
required
percentage
shall
an
appellants
period
to
perfect
an
appeal
under
the
NLRC
Rules
be
deemed
suspended.
v The
percentage
of
the
bond
that
is
set
by
this
guideline
is
merely
provisional.
The
NLRC
retains
its
authority
and
duty
to
resolve
the
motion
and
determine
the
final
amount
of
bond
that
shall
be
posted
by
the
appellant,
still
in
accordance
with
the
standards
of
meritorious
grounds
and
reasonable
amount.
v Should
the
NLRC
after
considering
the
motions
merit,
determine
that
a
great
amount
or
the
full
amount
of
the
bond
needs
to
be
posted
by
the
appellant,
then
the
party
shall
comply
accordingly.
The
appellant
shall
be
given
a
period
of
10
days
from
notice
of
the
NLRC
order
within
which
to
perfect
the
appeal
by
posting
the
required
appeal
bond.
(Andrew
Mcburnie
v.
Eulalio
Ganzon,
GR
Nos.
178034
,
178117
and
GR
No.
186984-85,
[2013])
B.
National
Labor
Relations
Commission
(NLRC)
1.
Nature
The
NLRC
v The
NLRC
is
an
administrative
body
with
quasi-judicial
functions
and
the
principal
government
agency
that
hears
and
decides
labor-management
disputes;
it
is
attached
to
the
DOLE
solely
for
program
and
policy
coordination.
Allocation
of
powers
and
functions
v En
Banc
o Promulgating
rules
and
regulations
governing
the
hearings
and
disposition
of
cases
before
any
of
its
divisions
and
regional
branches.
o Formulating
policies
affecting
its
administration
and
operations.
o On
temporary
or
emergency
basis,
to
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
expense.
v Division
(8
Divisions
with
3
members)
o Adjudicatory
o All
other
powers,
functions
and
duties
o Exclusive
appellate
jurisdiction
over
cases
within
their
respective
territorial
jurisdiction.
2.
Jurisdiction
2
Kinds
of
Jurisdiction
v Exclusive
original
jurisdiction
o Certified
labor
disputes
or
likely
to
cause
a
strike
or
lockout
in
an
industry
indispensable
to
national
interest,
certified
to
it
by
the
SLE
or
the
President
for
compulsory
arbitration
o Injunction
in
ordinary
labor
disputes
to
enjoin
or
restrain
any
actual
or
threatened
commission
of
any
or
all
prohibited
or
unlawful
acts
or
to
require
the
performance
of
a
particular
act
in
any
labor
dispute
which
if
not
restrained
or
performed
forthwith
may
cause
grave
or
irreparable
damage
to
any
party
o Injunction
in
strikes
or
lockouts
under
Art.
264
of
the
LCP
o Contempt
cases
of
workers
amounting
to
not
more
than
P5,000.000
and
not
accompanied
by
claim
for
reinstatement.
Powers
of
the
NLRC
v Rulemaking
power
-
promulgation
of
rules
and
regulations:
o Governing
disposition
of
cases
before
any
of
its
division/regional
offices
o Pertaining
to
its
internal
functions
o As
may
be
necessary
to
carry
out
the
purpose
of
the
LC.
v Power
to
issue
compulsory
processes
(administer
oaths,
summon
parties,
issue
subpoenas)
v Power
to
investigate
matters
and
hear
disputes
within
its
jurisdiction
(adjuidicatory
powers)
v Contempt
power
v Ocular
inspection
v Power
to
issue
injunctions
and
restraining
orders
2.
Effect
of
NLRC
reversal
of
Labor
Arbiters
order
of
reinstatement
Reinstated
employee
who
collects
wages
during
period
of
appeal
is
not
required
to
reimburse
v Even
if
the
order
of
reinstatement
is
reversed
on
appeal,
it
is
obligatory
on
the
part
of
the
employer
to
reinstate
and
pay
the
wages
of
the
dismissed
employee
during
the
period
of
the
appeal
until
reversal
by
the
higher
court.
On
the
other
hand,
if
the
employee
has
been
reinstate
during
the
appeal
period
and
such
reinstatement
order
is
reversed
with
finality,
the
employee
is
not
required
to
reimburse
whatever
salary
he
received
for
he
is
entitled
to
such,
more
so
if
he
actually
rendered
services
during
the
period.
(Pfizer
v.
Velasco,
GR
No.
117467,[2011])
3.
Remedies
Judicial
review
of
NLRC
decisions
v Decisions
of
the
NLRC
may
be
reviewed
through
a
petition
for
certiorari
under
Rule
65
of
the
Rules
of
Court
v This
should
be
initially
filed
with
the
Court
of
Appeals
in
strict
observance
of
the
doctrine
on
the
hierarchy
of
courts
as
the
appropriate
forum
for
the
relief
desired.
The
Court
of
Appeals
is
procedurally
equipped
to
resolve
unclear
or
ambiguous
factual
finding,
aside
from
the
increased
number
of
its
component
divisions.
(St.
Martin
Funeral
Home
v.
NLRC,
GR
No.
130866
[1998]).
Injunction
or
temporary
restraining
order
(TRO)
v These
are
orders
which
may
require,
forbid,
or
stop
the
doing
of
an
act.
The
power
of
the
NLRC
to
enjoin
or
restrain
from
any
or
all
prohibited
or
unlawful
acts
under
Art.
218
of
the
LCP
can
only
be
exercised
in
labor
disputes.
v A
restraining
order
is
generally
regarded
as
an
order
to
maintain
the
subject
of
controversy
in
status
quo
until
the
hearing
of
an
application
for
a
temporary
injunction.
(BF
Homes
v.
Reyes,
GR
No.L-30690
[1982]).
v Only
the
following
may
issue
a
TRO:
o The
President
(Art.
263(g),
LCP)
o Secretary
of
Labor
(Art.
263
(g),
LCP)
o NLRC
(Art.
218,
LCP)
v Art.
218
of
the
LCP
limits
the
grant
of
injunctive
power
to
the
NLRC.
The
LA
is
excluded
statutorily.
Hence,
no
NLRC
Rules
can
grant
him
that
power.
4.
Certified
cases
Certified
Cases,
defined
v There
are
cases
certified
or
referred
to
the
Commission
for
compulsory
arbitration
under
Art.
264
(g)
of
the
LCP
dealing
with
national
interest
cases.
v A
national
interest
dispute
may
be
certified
to
the
NLRC
even
before
a
strike
is
declared
since
Art.
263
(g)
of
the
LC
does
not
require
the
existence
of
a
strike,
but
duty
to
implement
the
order
of
the
Secretary.
As
an
implementing
body,
its
authority
did
not
include
the
power
to
amend
the
Secretarys
order.
(UST
v.
NLRC
and
UST
Faculty
Union,
GR
No.
89920
[1990]).
Effect
of
defiance
from
certification
order
v Non-compliance
with
the
certification
order
of
the
Secretary
shall
be
considered
as
an
illegal
act
committed
in
the
course
of
the
strike
or
lockout
and
shall
authorize
the
Commission
to
enforce
the
same
under
pain
of
immediate
disciplinary
action,
including
dismissal
or
loss
of
employment
status
or
payment
by
the
locking
out
employer
of
backwages,
damages
and/or
other
affirmative
relief,
even
criminal
prosecution
against
the
liable
parties.
(Sec.
4,
Rule
VIII,
2011
Rules)
Procedure
in
deciding
certified
cases
1. Unless
there
is
a
necessity
to
conduct
a
clarificatory
hearing,
the
Commission
shall
resolve
all
certified
cases
within
30
calendar
days
from
receipt
by
the
assigned
Commissioner
of
the
complete
records,
which
shall
include
the
position
papers
of
the
parties
and
the
order
of
the
Secretary
denying
the
motion
for
reconsideration
of
the
certification
order,
if
such
motion
has
been
filed.
2. Where
a
clarificatory
hearing
is
needed,
the
Commission
shall,
within
five
days
from
receipt
of
the
records,
issue
a
notice
to
be
served
on
the
parties
through
the
fastest
means
available,
requiring
them
to
appear
and
submit
additional
evidence,
if
any.
3. Notwithstanding
the
necessity
for
a
clarificatory
hearing,
all
certified
cases
shall
be
resolved
by
the
Commission
within
60
calendar
days
from
receipt
of
the
complete
records.
4. No
motion
for
postponement
or
extension
shall
be
entertained.
(Sec.
5,
Rule
VIII,
2005
Rules)
C.
Bureau
of
Labor
Relations
Med-Arbiters
1.
Jurisdiction
(Original
and
appellate)
Functions
and
Jurisdiction
v Union
matters
v Collective
bargaining
registry
and
v Labor
education
The
BLR
no
longer
handles
all
labor
management
disputes.
Jurisdiction
over
these
are
now
exercised
by
other
offices
such
as:
(a) Dole
Regional
Offices
(b) Office
of
the
Secretary
of
Labor
(c) NLRC
(d) POEA
(e) OWWA
(f) SSS-EC
(g) RTWPB
(h) NWPC
(i) Regular
courts
over
intra-corporate
disputes
Med-Arbiters
v An
officer
in
the
Regional
Office
or
Bureau
authorized
to
hear,
conciliate
and
decide
representative
cases
or
assists
in
the
disposition
of
intra
or
inter-union
disputes.
Cases
that
fall
within
the
BLRs
jurisdiction
v Inter-union
disputes
v Intra-union
disputes
v Other
related
labor
relations
disputes
Coverage
of
inter/intra-union
disputes
v Conduct
or
nullification
of
election
of
union
and
workers
association
officers
v Opposition
to
application
for
union
or
CBA
registration
v Violations
of
or
disagreements
over
any
provision
of
the
constitution
and
by-laws
of
union
or
workers
association
v Disagreements
over
chartering
or
registration
of
labor
organizations
or
the
registration
of
CBAs
v Violations
of
the
rights
and
conditions
of
membership
in
a
union
or
workers
association;
v Violations
of
the
rights
of
LLW,
except
interpretation
of
CBAs
v Validity/invalidity
of
impeachment/expulsion/suspension
or
any
disciplinary
action
meted
against
any
officer
and
member,
including
those
arising
from
non-compliance
with
the
reportorial
requirements
under
Rule
V
v Such
other
disputes
or
conflict
involving
the
rights
to
self-organization,
union
and
CB
o Between
and
among
LLO
and
o Betweeng
and
among
members
of
a
union
or
workers
association.
(Sec.
1,
Rules
XI,
Book
V,
IRR
as
amended
by
DO
40-F-03)
Other
related
relations
disputes,
defined
v Any
conflict
between:
o A
labor
union
and
the
employer;
or
o A
labor
union
and
a
group
that
is
not
a
LO;
or
o A
labor
union
and
an
individual
who
is
not
a
member
of
such
union.
v Cancellation
of
registration
of
unions
and
workers
associations
filed
by
individual/s
other
than
its
members
or
group
that
is
not
a
LO.
v A
petition
for
interpleader
involving
labor
relations.
[Sec.
2,
Rule
XI,
Book
V,
IRR
as
amended
by
DO
40-F-03)
Who
may
file
a
complaint
or
petition
involving
intra/inter-union
disputes
v A
legitimate
labor
organization
or
its
members.
(Sec.
5,
Rule
XI,
DO.
40-03)
v If
the
issue
involves
the
entire
membership,
the
complaint
must
be
signed
by
at
least
30%
of
the
entire
membership
of
the
union.
v If
the
issues
involve
a
member
only,
only
the
affected
member
may
file
the
complaint.
Appeal
of
decisions
in
an
inter/intra-union
dispute
v A
decision
in
an
inter/intra-union
dispute
may
be
appealed
from.
v The
decision
may
be
appealed
by
any
of
the
parties
within
10
days
from
receipt
thereof.
v The
decision
is
appealable
to
the:
o BLR
if
the
case
origination
from
the
Med-Arbiter
or
Regional
Director
o Secretary
of
Labor
if
the
case
originated
from
the
BLR.
The
extent
of
the
BLRs
authority
v It
may
hold
a
referendum
election
among
the
members
of
a
union
for
the
purpose
of
determining
whether
or
not
they
desire
to
be
affiliated
with
a
federation.
v But
the
BLR
has
no
authority
to:
o Order
a
referendum
among
union
members
to
decide
whether
to
expel
or
suspend
union
officers
o Forward
a
case
to
the
Trade
Union
Congress
of
the
Philippines
for
arbitration
and
decision.
Administrative
functions
of
the
BLR
v Regulation
of
the
labor
unions
v Keeping
the
registry
of
labor
unions
v Maintenance
of
a
file
of
the
CBA
v Maintenance
of
a
file
of
all
settlements
or
final
decisions
of
the
SC,
CA,
NLRC
and
other
agencies
on
labor
disputes
litigants
against
each
other
and
other
parties-in-interest
shall
be
governed
by
the
decision
ordered.
v The
filing
or
pendency
of
any
inter/intra-union
disputes
is
not
a
prejudicial
question
to
any
petition
for
certification
election,
hence
it
shall
not
be
a
ground
for
the
dismissal
of
a
petition
for
certification
of
election
or
suspension
of
the
proceedings
for
the
certification
election.
(Sec.
3,
Rule
XI,
DO.
40-03)
D.
National
Conciliation
and
Mediation
Board
1.
Nature
of
proceedings
Alternative
modes
of
settlement
of
labor
disputes
under
Art.
211
of
LCP
v Voluntary
arbitration
v Conciliation
v Mediation
Nature
of
proceedings
before
NCMB
v The
proceedings
are
non-litigious.
Mandatory
conciliation-mediation
v All
issues
arising
from
labor
and
employment
shall
be
subject
to
mandatory
conciliation-mediation.
The
Labor
Arbiter
or
the
appropriate
DOLE
agency
or
office
that
has
jurisdiction
over
the
dispute
shall
entertain
only
endorsed
or
referred
cases
by
the
duly
authorized
officer.
(Art.
228(a),
as
amended
by
RA
10396)
v The
exceptions
are:
(a)
when
grievance
machinery
and
voluntary
arbitration;
and
(b)
when
excempted
by
the
Secretary
of
Labor.
v Any
or
both
of
the
parties
involved
in
the
dispute
may
pre-terminate
the
conciliation- mediation
proceedings
and
request
referral
or
endorsement
to
the
appropriate
DOLE
agency
or
office
which
has
jurisdiction
over
the
dispute,
or
if
both
parties
so
agree,
refer
the
unresolved
issues
to
voluntary
arbitration.
(Art.
228
(b),
as
amended
by
RA
10396)
Arbitration,
defined
v It
is
the
submission
of
a
dispute
to
an
impartial
person
for
determination
on
the
basis
of
evidence
and
arguments
of
the
parties.
The
arbiters
decision
or
award
is
enforceable
upon
the
disputants.
It
may
be
voluntary
(by
agreement)
or
compulsory
(required
by
statutory
provision)
(Luzon
Development
Bank
v.
Assn
of
Luzon
Devt
Bank
Employees,
GR
No.
120319
[1995]).
v The
court
cannot
fix
resort
to
voluntary
arbitration.
Resort
to
voluntary
arbitration
dispute
should
not
be
fixed
by
the
court,
but
by
the
parties
relying
on
their
strengths
and
resources.
2.
Conciliation
vs.
Mediation
Conciliation
Mediation
is
conceived
of
as
a
mild
form
of
Is
a
mild
intervention
by
a
neutral
third
intervention
by
a
neutral
third
party
party
The
conciliatior-mediator
relying
on
his
The
conciliator-mediator,
whereby
he
persuasive
expertise,
who
takes
an
starts
advising
the
parties
or
offering
active
role
in
assisting
parties
by
trying
solutions
or
alternatives
to
the
problems
to
keep
disputants
talking,
facilitating
with
the
end
in
view
of
assisting
them
other
procedural
niceties,
carrying
towards
voluntarily
reaching
their
own
messages
back
and
forth,
between
the
mutually
acceptable
settlement
of
the
parties
and
generally
being
a
good
dispute.
fellow
who
tries
to
keep
things
calm
and
forward-looking
in
a
tense
situation
It
is
the
process
where
a
disinterested
It
is
when
a
third
party
studies
each
side
3rd
party
meets
with
management
and
of
the
dispute
and
then
makes
proposals
Legal
basis
of
conciliation
and
mediation
v Sec.
3
of
Art
13
of
the
Constitution
provides
that
[T]he
State
shall
promote
xxx
the
preferential
use
of
voluntary
modes
of
settling
disputes
including
conciliation
and
shall
ensure
mutual
compliance
by
the
parties
thereof
in
order
to
foster
industrial
peace.
Conciliation
and
mediation,
who
may
avail
v Any
party
to
a
labor
dispute,
either
the
union
or
management,
may
seek
the
assistance
of
the
NCMB
or
any
of
its
Regional
Branches
by
means
of
formal
request
for
reconciliation
and
preventive
mediation.
Depending
on
the
nature
of
the
problem,
a
request
may
be
filed
in
the
form
of
consultation,
notice
of
preventive
mediation
or
notice
of
strike/lockout.
Request
for
conciliation
and
mediation,
where
filed
v An
informal
or
formal
request
for
conciliation
and
mediation
service
can
be
filed
at
the
NCMB
Central
Office
or
any
of
its
Regional
Branches.
There
are
at
present
14
regional
offices
of
the
NCMB
which
are
strategically
located
all
over
the
country
for
the
convenient
use
of
prospective
clients.
3.
Preventive
mediation
Preventive
mediation,
defined
v Refers
to
the
potential
labor
dispute
which
is
the
subject
of
a
formal
or
informal
request
for
conciliation
and
mediation
assistance
sought
by
either
or
both
paties
or
upon
the
initiative
of
the
NCMB
to
avoid
the
occurrence
of
an
actual
labor
dispute.
Notice
for
preventive
mediation,
who
may
file
v Any
certified
or
duly
recognized
bargaining
representative
may
file
a
notice
or
declare
a
strike
or
request
for
preventive
mediation
in
cases
of
bargaining
deadlocks
and
ULPs.
The
employer
may
file
a
notice
or
declare
a
lockout
or
request
for
preventive
mediation
in
the
same
cases.
In
the
absence
of
a
certified
or
duly
recognized
bargaining
representative,
any
LLO
in
the
establishment
may
file
a
notice,
request
preventive
mediation
or
declare
a
strike,
but
only
on
grounds
of
ULP.
(Sec.
3,
Rule
IV,
the
NCMB
Manual
of
Procedure)
v If
the
notice
was
filed
not
by
the
Union,
but
by
its
individual
members,
the
NCMB
has
no
jurisdiction
to
entertain
it.
Only
a
certified
or
duly
recognized
bargaining
agent
may
file
a
notice
or
request
for
preventive
mediation.
v Morever,
the
notice
or
request
may
not
be
filed
by
the
Federation
on
behalf
of
its
local
chapter.
A
local
union
does
not
owe
its
existence
to
the
federation
with
which
it
is
affiliated.
It
is
a
separate
and
distinct
voluntary
association
owing
its
creation
to
the
will
of
its
members.
Mere
affiliation
does
not
divest
the
local
union
of
its
own
personality,
neither
does
it
give
the
mother
federation
the
license
to
act
independently
of
the
local
union.
It
only
gives
rise
to
a
contract
of
agency,
where
the
former
acts
in
representation
of
the
latter.
Hence,
local
unions
are
considered
principals
while
the
federation
is
deemed
merely
their
agent
(Insular
Hotel
Employees
Union
NFL
v.
Waterfront
Insular
Hotel
Davao,
GR
Nos.
174040-41
[2010]).
Valid
issues
for
notice
of
strike/lockout
or
preventive
mediation
v A
notice
of
strike
or
lockout
may
be
filed
on
ground
of
ULP
acts,
gross
violation
of
the
CBA,
or
deadlock
in
CBAs.
A
complaint
on
any
of
the
above
ground
must
be
specified
in
the
NCMB
Form
or
the
proper
form
used
in
the
filing
of
complaint.
v In
case
of
preventive
mediation,
any
issue
may
be
brought
before
the
NCMB
Central
Office
or
its
regional
offices
for
conciliation
and
possible
settlement
through
a
letter.
This
method
is
more
preferable
than
a
notice
of
strike/lockout
because
of
the
non- adversarial
atmosphere
that
pervades
during
the
conciliation
conferences.
Advantages
of
conciliation
and
mediation
v Conciliation
and
mediation
is
non-litigious/non-adversarial,
less
expensive
and
expeditious.
Under
this
informal
setup,
the
parties
find
it
more
expedient
to
fully
v The
parties
are
bound
to
honor
any
agreement
entered
into
by
them.
It
must
be
pointed
out
that
such
an
agreement
came
into
existence
as
a
result
of
painstaking
efforts
among
the
union,
management,
and
the
conciliator-mediator.
Therefore,
it
is
only
logical
to
assume
that
the
conciliator
assigned
to
the
case
has
to
follow
up
and
monitor
the
implementation
of
the
agreement.
Conciliation
and
mediation
during
actual
strike
or
lockout
v An
actual
strike
or
actual
lockout
may
be
subject
to
continuing
conciliation
and
mediation
services.
In
fact,
it
is
at
this
critical
stage
that
such
conciliation
and
mediation
services
by
fully
given
a
chance
to
work
out
possible
solution
to
the
labor
dispute.
With
the
ability
of
the
conciliator-mediator
to
put
the
parties
at
ease
and
place
them
at
a
cooperative
mood,
the
final
solution
of
all
the
issues
involved
may
yet
be
effected
and
settled.
Conciliation
and
mediation
still
possible
even
when
assumed
or
certified
to
the
NLRC
v Parties
are
not
precluded
from
availing
of
the
services
of
an
NCMB
Conciliator- Mediator
as
the
duty
to
bargain
collectively
subsists
until
the
final
resolution
of
all
issues
involved
in
the
dispute.
Conciliation
is
so
pervasive
in
application
that,
prior
to
a
compulsory
arbitration
award,
the
parties
are
encouraged
to
continue
to
exhaust
all
possible
avenues
of
mutually
resolving
their
dispute,
especially
through
conciliation
and
mediation
services.
E.
Dole
Regional
Directors
Jurisdiction
v Under
Art.
129
of
the
Labor
Code,
the
Regional
Directors
or
any
of
the
duly
authorized
hearing
officers
of
DOLE
have
jurisdiction
over
claims
for
recovery
of
wages,
simple
money
claims
and
other
benefits,
provided
that:
1.
The
claim
must
arise
from
employer-employee
relationship;
2.
The
claimant
does
not
seek
reinstatement;
and
3.
The
aggregate
money
claim
of
each
employee
does
not
exceed
P5,000.00
v In
the
absence
of
any
of
those
requisites,
it
is
the
Labor
Arbiter
who
shall
have
the
jurisdiction
over
the
claims
arising
from
employer-employee
relations,
except
claims
for
Employees
Compensation,
SSS,
PhilHealth,
and
maternity
benefits,
pursuant
to
Art.
217.
Adjudicatory
power
of
the
RDs
v The
Regional
Director
or
any
of
his
duly
authorized
hearing
officer
is
empowered
through
summary
proceeding
and
after
due
notice,
to
hear
and
decide
cases
involving
recovery
of
wages,
and
other
monetary
claims
and
benefits,
including
legal
interests.
F.
DOLE
Secretary
1.
Visitorial
and
enforcement
powers
Powers
of
the
Secretary
v Visitorial
powers
v Enforcement
powers
v Appellate
or
power
to
review
Visitorial
powers
v Visitorial
powers
constitutes:
o Access
to
employers
records
and
premises
at
any
time
of
the
day
or
night,
whenever
work
is
being
undertaken
o To
copy
said
records
o Question
any
employee
and
investigate
any
fact,
condition
or
matter
which
may
be
necessary
to
determine
violations
or
which
may
aid
in
the
prescribed
forms
and
act
in
violations
of
any
provisions
of
the
LC
on
recruitment
and
placement.
(Art.
37)
o Have
access
to
employers
records
and
premises
to
determine
violations
of
any
provisions
of
the
Labor
Code
on
recruitment
and
placement.
(Art.
128)
o Conduct
industrial
safety
inspections
of
establishments.
(Art.
165)
o Inquire
into
the
financial
activities
of
LLO
and
examine
their
books
of
accounts
upon
the
filing
of
the
complaint
under
oath
and
duly
supported
by
the
written
consent
of
at
least
20%
of
the
total
membership
of
the
LO
concerned.
Enforcement
powers
v Issue
compliance
orders
v Issue
writs
of
execution
for
the
enforcement
of
their
orders,
except
in
cases
where
the
employer
contests
the
findings
of
the
labor
officer
and
raise
issues
supported
by
documentary
proof
which
were
not
considered
in
the
course
of
inspection
v Order
stoppage
of
work
or
suspension
of
operation
when
non-compliance
with
the
law
or
implementing
rules
and
regulations
poses
grave
and
imminent
danger
to
health
and
safety
of
workers
in
the
workplace
v Require
employers
to
keep
and
maintain
such
employment
records
as
may
be
necessary
in
aid
to
the
visitorial
and
enforcement
powers
v Conduct
hearings
within
24
hours
to
determine
whether:
o An
order
for
stoppage
of
work
or
suspension
of
operations
shall
be
lifted
or
not;
and
o Employer
shall
pay
the
concerned
employees
their
salaries
in
case
the
violation
is
attributable
to
his
fault.
(As
amended
by
RA
7730);
(Guico
v.
Secretary,
GR
No.
131750
[1998])
Violations
under
Art.
128
of
the
LC
v Obstruct,
impede,
delay
or
otherwise
render
ineffective
the
orders
of
the
SLE
or
his
authorized
representatives
v Any
government
employee
found
guilty
of,
or
abuse
of
authority,
shall
be
subject
to
administrative
investigation
and
summary
dismissal
from
service.
Limitations
to
other
courts
v In
relaition
to
enforcement
orders
issued
under
Art.
128
of
the
LCP,
no
inferior
court
or
entity
shall:
o Issue
a
temporary
or
permanent
injunction
or
restraining
order;
or
o Assume
jurisdiction
over
any
case.
Instances
when
enforcement
powers
may
not
be
used
v Case
does
not
arise
from
the
exercise
of
visitorial
power
v When
employer-employee
relationship
ceased
to
exist
at
the
time
of
the
inspection
v If
employer
contests
the
finding
of
the
labor
regulation
officer
and
such
contestable
issue
is
not
verifiable
in
the
normal
course
of
inspection.
No
power
to
determine
existence
of
employer-employee
relationship
v The
visitorial
and
enforcement
powers
of
the
Secretary
comes
into
play
only
in
cases
when
the
relationship
of
employer-employee
still
exists.
The
Secretarys
power
does
not
apply
in
two
instances,
namely:
(a)
where
the
employer-employee
relationship
has
ceased;
and
(b)
where
no
such
relationship
has
ever
existed.
The
question
of
employer-employee
relationship
becomes
a
battle
of
evidence,
the
determination
of
which
should
be
comprehensive
and
intensive
and
therefore
best
left
to
the
specialized
quasi-judicial
body
that
is
the
NLRC
(Peoples
Broadcasting
v.
Secretary
of
Labor,
GR
No.
179652,
[2009]).
2.
Power
to
suspend/
effects
of
termination
Power
to
suspend
effects
of
termination
v Under
Art.
277(b)
of
the
LC,
the
Secretary
may
suspend
the
effects
of
the
termination
company;
Art.
263
(g)
of
LC
on
assumption
of
jurisdiction
is
applicable
in
case
of
strike
in
establishments
affecting
national
interest,
not
just
the
company.
3.
Assumption
of
jurisdiction
Assumption
of
jurisdiction
over
a
labor
dispute
v When
there
is
a
labor
dispute
causing
or
likely
to
cause
a
strike
affecting
national
interest,
the
Secretary
on
his
own
initiative
or
upon
petition
by
any
of
the
parties,
may
either
assume
jurisdiction
or
certify
the
dispute
to
the
NLRC
for
compulsory
arbitration.
v Art.
263
(g)
of
the
LC
is
both
an
extraordinary
and
preemptive
power
to
address
an
extraordinary
situation
(a
strike
or
lockout
in
an
industry
indispensable
to
the
national
interest).
As
the
term
assume
jurisdiction
connotes,
the
intent
of
the
law
is
to
give
the
Secretary
full
authority
to
resolve
all
matters
within
the
dispute
that
gave
rise
to
or
which
arose
out
of
the
strike
or
lockout
it
includes
and
extends
to
all
questions
and
controversies
arising
from
or
related
to
the
dispute,
including
cases
over
which
the
labor
arbiter
has
exclusive
jurisdiction
(Bagong
Pagkakaisa
ng
Manggagawa
ng
Triumph
International
v.
Secretary,
GR
No.
167401,
[2010]).
Effect
of
assumption
or
certification
v It
automatically
enjoins
the
intended
or
impending
strike
or
lockout
as
specified
in
the
assumption
or
certification
order.
If
one
has
already
taken
place
at
the
time
of
the
assumption
or
certification,
all
striking
or
locked
out
employees
shall
immediately
return
to
work
and
the
employer
shall
immediately
resume
operations
and
readmits
all
workers
under
the
same
terms
and
conditions
prevailing
before
the
strike
or
lockout.
Assumption
of
jurisdiction
may
be
exercised
without
necessity
of
prior
notice
or
hearing
v The
rationale
for
Secretarys
assumption
of
jurisdiction
can
justifiably
rest
on
his
own
consideration
of
the
exigency
of
the
situation
in
relation
to
the
national
interests
(Capitol
Medical
Center
v.
Trajano,
GR
No.
155690
[2005]).
4.
Appellate
jurisdiction
Cases
within
the
appellate
jurisdiction
of
the
Secretary
v Appeal
from
and
adverse
decision
of
the
POEA
(Sec.
1,
Part
VII,
Rule
V,
2003
POEA
rules
and
Regulations;
Eastern
Midterranean
Maritime
v.
Surio,
GR
No.
154213,
[2012]).
v Appeal
the
order
or
results
of
a
certification
election
on
the
ground
that
the
Rules
and
Regulations
or
parts
thereof
established
by
the
Secretary
for
the
conduct
of
election
have
been
violated.
(Art.
259,
LC)
v A
review
of
cancellation
proceedings
decided
by
the
BLR
in
the
exercise
of
its
exclusive
and
original
jurisdiction
(Abbot
Laboratories
Philippines
v.
Abbott
Laboratories
Employees
Union,
GR
No.
131374
[2000]).
Cases
not
within
the
appellate
jurisdiction
of
the
Secretary
v Decisions
of
the
BLR
rendered
in
the
exercise
of
its
appellate
power
to
review
the
decision
of
the
Regional
Director
in
a
petition
to
cancel
the
unions
certificate
of
registration,
said
decisions
being
final
and
inappealable.
v Decisions
of
the
RD
involving
petitions
for
examination
of
union
accounts.
It
is
the
BLR
which
exercises
appellate
jurisdiction
in
such
case
(Barles
v.
Bitonia,
GR
No.
120270
[1999]).
5.
Voluntary
arbitration
powers
Powers
of
the
Secretary
in
voluntary
arbitration
v The
Secretary
may
authorize
any
official
to
act
as
voluntary
arbitrator
upon
the
written
request
and
agreement
of
the
parties
to
a
labor
dispute
(Art.
212
(n),
LCP).
v He
shall
also
approve,
upon
recommendation
of
the
NCMB
the
guidelines
in
administering
the
voluntary
arbitration
fund.
(Art.
276
(f),
LC)
Grievance,
defined
v Any
question
by
either
the
employer
or
the
union
regarding
the
interpretation
or
application
of
the
CBA
or
company
personnel
policies
or
any
claim
by
either
party
that
the
other
party
is
violating
any
provision
of
the
CBA
or
company
personnel
policies.
Grievance
machinery
v Refers
to
the
mechanism
for
the
adjustment
and
resolution
of
grievances
arising
from
the
interpretation
or
implementation
of
a
CBA
and
those
arising
from
the
interpretation
or
enforcement
of
company
personnel
policies.
It
is
part
of
the
continuing
process
of
CB.
Grievance
procedure
v It
is
the
internal
rules
of
procedure
established
by
the
parties
in
their
CBA
with
voluntary
arbitration
as
the
terminal
step,
which
are
intended
to
resolve
all
issues
arising
from
the
implementation
and
interpretation
of
their
CBA.
v Refers
to
the
system
of
grievance
settlement
at
the
plant
level
as
provided
in
the
CBA.
It
usually
consists
of
successive
steps
starting
as
the
level
of
the
complainant
and
his
immediate
supervisor
and
ending,
when
necessary,
at
the
level
of
the
top
union
and
company
officials.
Subject
matter
of
grievance
v Any
grievance
arising
from:
o Interpretation
or
implementation
of
the
CBA;
and
o The
interpretation
or
enforcement
of
company
personnel
policies.
v Art.
217
(c)
of
the
LC
requires
labor
arbiters
to
refer
cases
involving
the
implementation
of
CBAs
to
the
grievance
machinery
provided
threin
and
to
voluntary
arbitration.
Likewise,
Art.
260
of
the
LC
clarifies
that
such
disputes
must
be
referred
first
to
the
grievance
machinery
and,
if
unresolved,
within
seven
day,
they
shall
automatically
be
referred
to
voluntary
arbitration
(Miguela
Santuyo
v.
Remerco
Garments
Manufacturing,
GR
No.
174420
[2010]).
2.
Voluntary
arbitrator
a.
Jurisdiction
v The
arbitrator
is
expected
to
decide
only
those
questions
expressly
delineated
by
the
submission
agreement.
Nevertheless,
the
arbitrator
can
assume
that
he
has
the
necessary
power
to
make
a
final
settlement
since
arbitration
is
the
final
resort
for
the
adjudication
of
the
disputes
(Ludo
and
Luym
Corp
v.
Saornida,
GR
No.
174420
[2010]).
Cases
within
the
jurisdiction
of
the
voluntary
arbitrator
v Original
and
exclusive
jurisdiction
over:
o All
unresolved
grievances
arising
from
the:
Implementation
or
interpretation
of
the
CBA
Interpretation
or
enforcement
of
company
personnel
policies.
o Wage
distortion
issues
arising
from
the
application
of
any
wage
orders
in
organized
establishments
o Those
arising
form
interpretation
and
implementation
of
productivity
incentive
programs
under
RA
6971
o Violation
of
the
CBA
provisions
which
are
not
gross
in
character
are
no
longer
treated
as
ULP
and
shall
be
resolved
as
grievances
under
the
CBA
o Any
other
labor
disputes
upon
agreement
by
the
parties
including
ULP
and
bargaining
deadlock.
(Art.
262,
LC)
v Gross
violation
of
CBA
provisions
shall
mean
flagrant
and/or
malicious
refusal
to
comply
with
the
economic
provisions
of
such
agreement.
v Under
Art.
217,
it
is
clear
that
a
LA
has
original
and
exclusive
jurisdiction
over
termination
disputes.
However,
under
Art.
261,
a
VA
has
original
and
exclusive
jurisdiction
over
grievances
arising
from
the
interpretation
or
enforcement
of
company
policies.
As
a
general
rule
then,
termination
disputes
should
be
brought
NLRC
and
Dole
has
no
jurisdiction
over
disputes
under
the
jurisdiction
of
the
voluntary
arbitrator
v NLRC
and
DOLE
has
no
jurisdiction
over
disputes,
grievances
and
matters
under
the
exclusive
and
original
jurisdiction
of
the
voluntary
arbitrators.
v They
should
immediately
dispose
and
refer
the
same
to
the
grievance
machinery
or
voluntary
arbitration
provided
in
the
CBA.
v The
parties
may
choose
to
submit
the
dispute
to
voluntary
arbitration
proceedings
before
or
at
the
stage
of
compulsory
arbitration
proceedings.
b.
Procedure
How
initiated
v Submission
agreement
where
the
parties
define
the
disputes
to
be
resolved
v Demand
notice
invoking
the
collective
agreement
arbitration
clause
Voluntary
arbitrator
v Any
person
accredited
by
the
NCMB
as
such
v Any
person
named
or
designated
in
the
CBA
by
the
parties
to
act
as
their
VA
v One
chosen
with
or
without
the
assistance
of
the
NCMB,
pursuant
to
a
selection
procedure
agreed
upon
in
the
CBA
v Any
official
that
may
be
authorized
by
the
Secretary
to
act
as
VA
upon
the
written
request
and
agreement
of
the
parties
to
a
labor
dispute.
(Art.
212
(n),
LC)
Powers
of
voluntary
arbitrator
v Hold
hearings
v Receive
evidence
v Take
whatever
action
necessary
to
resolve
the
dispute
including
efforts
to
effect
a
voluntary
settlement
between
parties.
(Art.
262-A,
LC)
Nature
of
power
of
VA
v Arbitrators
by
the
nature
of
their
functions,
act
in
a
quasi-judicial
capacity
(BP
129,
as
amended
by
RA
9702)
where
a
question
of
law
is
involved
or
there
is
abuse
of
discretion,
courts
will
not
hesitate
to
pass
upon
review
of
their
acts.
Selection
of
voluntary
arbitrator/panel
v The
parties
in
a
CBA
shall
designate
in
advance
a
VA/panel,
preferably
from
the
listing
of
qualified
Vas
duly
accredited
by
the
NCMB,
or
v Include
in
the
agreement
a
procedure
for
the
selection
of
such
VA
or
panel
of
Vas,
preferably
from
the
listing
of
qualified
Vas
duly
accredited
by
the
NCMB.
v In
case
parties
fail
to
select
one,
the
NCMB
shall
designate
the
VA
panel
based
on
the
selection
procedure
provided
by
the
CBA
(Manila
Central
Line
Free
Workers
Union
v.
Manila
Central
Line
Corp,
GR
No.
109383
[1998]).
v Labor
arbiters
may
be
designated
as
voluntary
arbitrators
for
there
is
nothing
in
the
law
that
prohibits
LAs
from
also
acting
as
voluntary
arbitrators
as
long
as
the
parties
agree
to
have
him
hear
and
decide
their
dispute.
(ibid)
Effect
of
award
of
voluntary
arbitrator
v The
decision
or
award
of
the
voluntary
arbitrator
acting
within
the
scope
of
its
authority
shall
determine
the
rights
of
the
parties
and
their
decisions
shall
have
the
same
legal
effects
as
judgment
of
the
courts.
Such
matters
of
fact
and
law
are
conclusive.
c)
Remedies
Appeal
v Generally,
decisions
of
VA
are
final
and
executory
after
10
calendar
days
from
receipt
of
the
copy
of
the
award
or
decision
by
the
parties.
(Art.
262-A,
LC)
v Art.
262-A
deleted
the
word
unappealable
from
Art.
263.
It
makes
the
VA
award
final
and
executory
after
10
calendar
days
from
receipt
of
the
copy
of
the
award
or
v However,
appeal
may
be
made
to
the
CA
via
Rule
43
of
the
Rules
of
Court
within
15
days
from
the
date
of
receipt
of
VAs
decision.
(Luzon
Devt
Bank
v.
Assn
of
Luzon
Devt
Bank
Employees,
GR
No.
120319
[1995])
v As
a
VA
acts
in
a
quasi-judicial
capacity,
there
is
no
reason
why
the
VAs
decisions
involving
interpretation
of
law
should
be
beyond
the
SCs
review.
Administrative
officials
are
presumed
to
act
in
accordance
with
law,
yet
the
SC
will
not
hesitate
to
pass
upon
their
work
where
a
question
of
law
is
involved
or
where
a
showing
of
abuse
of
authority
or
discretion
in
their
official
acts
is
properly
raised
in
petitions
for
certiorari
(Continental
Marble
Corporation
v.
NLRC,
GR
No.
L-43825
[1988])
H.
Court
of
Appeals
1.
Rule
65,
RoC
Remedy
of
a
party
aggrieved
by
a
decision
of
the
NLRC
v File
a
petition
for
certiorari
(Rule
65)
which
should
be
initially
filed
with
the
CA
in
strict
observance
of
the
doctrine
on
the
hierarchy
of
courts
as
the
appropriate
forum
for
the
relief
desired.
The
CA
is
procedurally
equipped
to
resolve
unclear
or
ambiguous
factual
finding,
aside
from
the
increased
number
of
its
component
divisions.
(St.
Martin
Funeral
Home
v.
NLRC,
GR
No.
130866
[1998])
Period
within
which
petition
for
certiorari
must
be
filed
v It
must
be
filed
within
60
days
from
notice
of
the
judgment
or
from
notice
of
the
resolution
denying
the
petitioners
motion
for
reconsideration.
(Sec.
4,
Rule
65
of
the
Rules
of
Civil
Procedure)
I.
Supreme
Court
1.
Rule
45,
Rules
of
Court
Appeal
from
judgment
or
final
order
or
resolution
of
the
CA
v A
party
desiring
to
appeal
may
file
with
the
Supreme
Court
a
verified
petition
for
review
on
certiorari
under
Rule
45
within
fifteen
days
from
notice
of
the
judgment,
final
order
or
resolution
appealed
from
(Sea
Power
Shipping
Enterprises
v.
CA,
GR
No.
138270
[2001])
Policy
of
the
Supreme
Court
in
appeals
in
labor
cases
v The
Supreme
Court
is
very
strict
regarding
appeals
filed
outside
the
reglementary
period
for
filing
the
same.
To
extend
the
period
of
the
appeal
is
to
delay
the
case,
a
circumstance
which
could
give
the
employer
the
chance
to
wear
out
the
efforts
and
meager
resources
of
the
worker
that
the
the
latter
is
constrained
to
give
up
for
less
than
what
is
due
him.
(Firestone
Tire
and
Rubber
Co
v.
Firestone
Tire
and
Rubber
Co.
Employees
Union,
GR
No.
75363,
[1992])
J.
Prescription
of
Actions
Rules
Subject
Prescriptive
Period
ULP
1
year
from
accrual
of
such
ULP;
otherwise
forever
barred
(Art.
290,
LC)
Money
claims
GR:
3
years
from
the
time
the
cause
of
action
accrued;
otherwise,
forever
barred.
(Art.
291,
LC)
Except:
If
there
is
promissory
estoppel
All
money
claims
accruing
prior
to
the
Within
one
year
from
the
date
of
effectivity,
in
effectivity
of
the
LC
accordance
with
IRR;
otherwise,
forever
barred.
Illegal
dismissal
cases
4
years
which
commences
from
the
date
of
formal
dismissal
(Mendoza
v.
NLRC,
GR
No.
122481
[1998])