SUPREMECOURT

FLOWCHARTBASEDONJURISDICTION
ARofthe
COURTOFAPPEALS

May assume OfficeoftheDOLESEC.

jurisdiction over
cases in Art. 263 BUREAUOFLABOR VOLUNTARY
NLRC (g) or certify the RELATIONS ARBITRATION
sametoNLRC

REGIONALDIRECTOR BUREAUOFLABOR GRIEVANCE

LABORARBITER POEA REGIONALOFFICEMEDARBITER
(Art.128/129) RELATION MACHINERY
1. ULP 1. Labor Standards 1. Cancellation/susp 1. Federation/National 1. Independent union/chartered 1. Disputes
2. TerminationDisputes enforcement ension of License Union/Trade Union local registration, revocation concerning
3. Cases involving wages, rates of 2. Occupational safety of Authority to Center Registration, andcancellationcases interpretation
pay, hours of work and other &Healthviolation recruit of revocation & 2. Complaints or petitions or
terms and conditions of 3. Money claims Recruitment cancellationcases involving labor unions with implementation
employmentifaccompaniedwith arising from labor Agencies (RA 2. Complaints involving independent registration, ofCBA
standards violation 8042)
claimforreinstatement federations, national chartered local, workers 2. Disputes
not exceeding 2. Disciplinary
4. Claims for actual, moral, unions,industryunions assoc.,itsofficers/members concerning
5,000perindividual Actions against
exemplary and other forms of itsofficersormembers 3. Electionofofficers interpretation
& w/o claim for OFWs
damages arising from employer reinstatement 3. All administrative 3. Request for 4. CBA registration of and
employeerelationship 4. Recovery of wages cases arising out examinationofbookof independent local & enforcement of
5. Violation of Art. 264, including andothermonetary of rules and accounts of charteredlocal company
illegalityofstrikesandlockouts claims & benefits, regulations federations / national 5. Other intraunion & inter personnel
6. Involving claims for an amount legal interest owing relating to unionsandtradeunion union&relatedlaborrelation policies
exceeding P 5,000 regardless tooneemployedin licensing & center(Art.274) disputes shall be heard & 3. All other
whether accompanied with a domestic registration of 4. Interunion and intra resolved by the Medarbiter grievances as
claimforreinstatement(Art.217) household service recruitment & union conflicts, and all inReg.Office defined in the
7. NonCompliance in compromise or house helper employment disputes, grievances or 6. Request for examination of CBA
agreements(Art.227) arising from EER agencies problems arising from books of accounts of 4. Wage distortion
8. Executionofawardsofvoluntary not exceeding P 4. Disciplinary or affecting labor individual labor union and when there is a
arbitrator(Art.262A) 5000andw/oclaim actions and other management relation charteredlocal(Art.274) CBA(Art.124)
9. Overseas employment disputes forreinstatement special cases (Art.226) 7. Actions arising from Art. 241
5. Violation of the administrative in
e.g. money claims arising from from administration &
constitutionandby character,
such(R.A.8042) accountingofunionfunds
lawsoroftherights involving
10. Wage distortion (where there is 8. Petition for certification
and condition of employers,
noCBA(Art.124) membership (Art. principals, election (appealed to Sec. Of
241) contracting Labor&nottoBLR)
partners&Filipino

migrantworkers

192

MONEYCLAIMS Unresolved Noticesof
ARTICLE217 LABOR LABOR InterIntra
underSection10 Grievances, Strikesor
INJUNCTION OFTHELABOR otherdisputes Lockout,other STANDARDS STANDARDS Union Representation
CODE RA8042as ART.128(b)LC ART.129,LC Disputes Issues
amended byparties disputefor
1 2 agreements preventive 6 7 8 9
3
4 mediations
5

LABORARBITER REGIONAL REGIONAL MED

(RAB) NationalConciliationand OFFICE DIRECTOR ARBITER
MediationBoard(NCMB)

OR

VOLUNTARY
ARBITRATOR

BLR
OFFICEOFTHE
DIRECTOR
SECRETARY

NLRC Art.263(g)
(COMMISSIONLEVEL)

FLOWCHARTBASEDONCAUSESOFACTION

COURTOFAPPEALS

SUPREMECOURT
193
 Article218(e)oftheLaborCodeINJUNCTION
Petitionsforinjunctionareinitiallybroughttoanddecidedatthecommissionlevel.
INJUNCTION

1 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

NLRC involving or arising from any labor dispute before the Commission, which, if not
(COMMISSION restrainedorperformedforthwith,maycausegraveorirreparabledamagetoany
LEVEL) 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 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,
SUPREME associationororganizationmakingthethreatorcommittingtheprohibited
or unlawful act or actually authorizing or ratifying the same after actual
COURT
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 UnderArticle217oftheLaborCodeasamended,LaborArbitersshallhave
OFTHELABOR original and exclusive jurisdiction to hear and decide the following cases
CODE involvingallworkers,whetheragriculturalornonagricultural:
2
1.UnfairLaborPractices;

2.TerminationDisputes;
LABOR
ARBITER 3.Ifaccompaniedwithaclaimforreinstatement,thosecasesthatworkers
(RAB) mayfileinvolvingwages,ratesofpay,hoursofworkandothertermsand
conditionsofemployment;

4.Claims for actual, moral and exemplary and other forms of damages
arisingoutofEREErelations;
NLRC
(COMMISSION 5.Cases arising from any violation Art. 264 of the Labor Code, including
LEVEL) 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.

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

195
 MONEYCLAIMS R.A.8042MigrantWorkersandOverseasFilipinosActof1995as
underSection10 amendedbyR.A.10022.
RA8042as
amended


3
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
LABOR employersthroughtheirlocalrecruitmentagency.
ARBITER
(RAB)
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
NLRC
Commission (NLRC) shall have the original and exclusive
(COMMISSION
LEVEL) 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
COURTOF
servicesindustry
APPEALS
NOTE:
RABRegionalArbitrationBranches

SUPREME
COURT

196
 Unresolved
Grievances, VoluntaryArbitrationMachinery
otherdisputes Thevoluntaryarbitrationmachineryhasauthorityoverunresolvedgrievances
byparties arising from the interpretation or implementation of collective bargaining
agreements
4 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
NationalConciliation labordisputes,includingthoseinvolvingstrikesmaybereferredtovoluntary
andMediationBoard arbitrationbyagreementoftheparties.
(NCMB)
ARTICLE 262. JURISDICTION OVER OTHER LABOR DISPUTES. The Voluntary
ArbitratororpanelofVoluntaryArbitrators,upon agreement of the parties,
shallhearanddecideallotherlabordisputesincludingunfairlaborpractices
andbargainingdeadlocks.

Art.262oftheLaborCodeprovidesthatuponagreementoftheparties,the
VOLUNTARY
VoluntaryArbitratorcanhearanddecideallotherlabordisputes,including
ARBITRATOR
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
COURTOF
implementationofthecollectivebargainingagreementandthosearisingfrom
APPEALS theinterpretationorenforcementofcompanypersonnelpolicies.Itcanthus
bededucedthatonlydisputesinvolvingtheunionandthecompanyshallbe
referred to the grievance machinery or voluntary arbitrators. (Maneja v.
NLRC,G.R.No.124013June5,1998).
SUPREME
InSanMiguelCorp.v.NLRC,G.R.No.108001,March15,1996,Termination
COURT
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 NationalConciliationandMediationBoard
Strikesor (NCMB)involvingnoticesofstrikeorlockout
Lockout,other arisingfromcollectivebargainingdeadlocksor

disputefor allegationsofunfairlaborpractices.
preventive
mediations
The NCMB is a disputeresolution arm under the
5
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,
NationalConciliation 2001).

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

The Secretary of Labor and Employment may
Art.263(g) exercisehisauthorityunderArticle263(g)ofthe
CertifiedCases LaborCodetoassumejurisdictionoverthelabor
disputeortocertifythesametotheCommission
for compulsory arbitration when in his opinion,
COURTOF NLRC 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
SUPREME parties, may be referred to alternative modes of
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
Article 128 (b): Enforcement of Labor Standards
STANDARDS
Laws
ART.128(b)LC
6 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
REGIONAL orders and writs of execution to enforce labor
OFFICE 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
OFFICEOFTHE Employment may then be brought before the CA and
SECRETARY 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
COURTOF of it. If the employer is at fault, he may be ordered to
pay the employees wages during the work stoppage
APPEALS 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
SUPREME Director of Dole has the power to order rectification of
Labor Standards violation even if such violation is not
COURT mentioned in the employees complaint.

199
 LABOR
Article129oftheLC:RecoveryofWages,SimpleMoney
STANDARDS
ART.129,LC claimsandBenefits
7
TheRegionalDirectorsauthorityunderArt.129issubject
tofourrequisitesnamely:
1.The claim is presented by an employee or by person
REGIONAL employed in domestic or household service or a house
DIRECTOR helper.
2.TheclaimarisesfromEREErelations.
3.Theclaimantdoesnotseekreinstatement.
4.Theaggregatemoneyclaimofeachemployeeorhouse
helperdoesnotexceedP5000.

BLR
If there is a claim for reinstatement or if the claimants
DIRECTOR
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.
NLRC

(COMMISSION
Adecisionrenderedunderthisarticle,beingadjudicatory,
LEVEL)
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
COURTOF sought. Designed to expedite enforcement of simple
APPEALS money claims, hearings are summary in nature and
decisions may be appealed to the Commission level of
theNLRC.

SUPREME
COURT

200
 InterIntra InterIntraUnionDisputes
Union
Disputes Generally, IntraInter Union disputes are heard in
administrative proceedings by the regional offices or
8
the BLR, depending on the labor organization
concerned. DO No. 4003 provides that interintra
union disputes are resolve by MedArbiters in the
REGIONAL MED regional offices with the exception of petitions for
DIRECTOR ARBITER cancellation of registration of labor organizations and
petitionsforderegistrationofCBAswhichareresolved
bytheappropriateRegionalDirectororherappointed
hearingofficer.

The decisions of the MedArbiter and the Regional
OFFICEOFTHE
DirectormaybeappealedtotheBLR.Thedecisionsof
SECRETARY
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
COURTOF thereafter, the decision of the Bureau Director or the
APPEALS 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

SettlementofRepresentationIssuesUnderArt.256oftheLaborCode
BLR
DIRECTOR 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).
OFFICEOFTHE
SECRETARY 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
COURTOF certificationelection.

APPEALS

SUPREME
COURT

202

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
CriminalActionforIllegalRecruitment
(Section5,R.A.No.10022)
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