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Annexes+part+4 Printable PDF
Annexes+part+4 Printable PDF
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 8th Division Cagayan de Oro
NLRC shall be attached to the DOLE solely for The Commission shall establish as many regional
program and policy coordination only, composed branches as there are regional offices of the
of a Chairman and 23 members. DOLE, sub-regional branches or provincial
8 members shall be chosen only from the extension units.
nominees of the workers and employers There shall be as many Labor Arbiters as may be
organizations respectively. The Chairman and 7 necessary for the effective and efficient operation
remaining members shall come from the public of the NLRC.
sector, with the latter to be chosen preferably
from among the incumbent labor arbiters. Art. 215. Appointment and qualifications
NLRC may sit en banc or in 8 divisions, with 3 Chairman and other Commissioners members
members each. of the Philippine Bar and must have been
En banc only for purposes of promulgating engaged in the practice of law in the Philippines
rules and regulations governing the hearing and for at least 15 years, with at least 5 years
disposition of cases before any of its divisions experience or exposure in the field of labor-
and regional branches and formulating policies management relations, and shall preferably be
affecting its administration and operations residents of the region where they shall hold
Divisions when in the exercise of its office
adjudicatory and all other powers, functions and LAs members of the Philippine Bar and must
duties have been engaged in the practice of law in the
1st 6th divisions Luzon & NCR Philippines for at least 10 years, with at least 5
7th & 8th Visayas and Mindanao years experience or exposure in the field of labor-
NLRC sitting en banc may, on temporary or management relations
emergency basis, allow cases within the Term hold office during good behavior until the
jurisdiction of any division to be heard and age of 65 years, unless sooner removed for
decided by any other division whose docket cause as provided by law or become
allows the additional workload and such transfer incapacitated to discharge duties of their office
will not expose litigants to unnecessary additional But the President may extend the services of the
expenses. The divisions of the NLRC shall have Commissioners and LAs up to the maximum of
exclusive appellate jurisdiction over cases within 70 years upon the recommendation of the
their respective territorial jurisdiction. Commission en banc.
The concurrence of 2 Commissioners of a Chairman, Division Presiding Commissioners and
division shall be necessary for the other Commissioners appointed by the
pronouncement of a judgment or resolution. President. Appointment to any vacancy in a
Whenever the required membership in a division specific division shall come only from the
is not complete and the concurrence of 2 nominees of the sector which nominated the
Commissioners to arrive at a judgment or predecessor.
resolution cannot be obtained, the Chairman LAs appointed by the President, upon
shall designate such number of additional recommendation of the Commission en banc to a
Commissioners from the other divisions as may specific arbitration branch, preferably in the
be necessary. region where they are residents, and shall be
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needed to see this picture. be reached in regulations. Provided, that the labor arbiters who
consultation before the case is assigned to a are presently holding office in the region where
member for the writing of the opinion. It shall be they are residents shall be deemed appointed
mandatory for the division to meet for purposes thereat.
of the consultation ordained therein. Chairman and the Commissioners, shall appoint
the staff and employees of the Commission, and
Art. 214. Headquarters, branches and provincial its regional branches as the needs of the service
extension units may require, subject to the Civil Service Law,
Offices of 1st 6th Divisions Metro Manila rules and regulations, and upgrade their current
7th Division Cebu
salaries, benefits and other emoluments in LAs shall have the same rank, receive an annual
accordance with law. salary equivalent to and be entitled to the same
allowances, retirement and other benefits and
Art. 216. Salaries, benefits and other emoluments privileges as those of RTC Judges.
Chairman and Commissioners shall have the In no case, however, shall the provision of this
same rank, receive an annual salary equivalent Article result in the diminution of the existing
to, and be entitled to the same allowances, salaries, allowances and benefits of the
retirement and benefits as, those of the Presiding aforementioned officials.
Justice and Associate Justices of the Court of
Appeals, respectively.
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ANNEX N: Salient Provisions of 2005 Revised Rules of Procedure of the NLRC
Appeals Injunction
Decisions and orders of the LA are final and A preliminary injunction or TRO may be granted
executory unless appealed to the Commission by the NLRC through its Divisions when it is
within 10 calendar days; and in case of orders established on the basis of the sworn allegations
and resolutions of the Regional director of the in the petition that the acts complained of
DOLE, within 5 days from receipt thereof. involving or arising from any labor dispute before
No motion or request for extension of the period the NLRC which if not restrained may cause
to appeal is allowed. grave or irreparable damage to any party.
Requisites of perfection of appeal: After the hearing of the testimony of witnesses
1. Appeal must be: and with opportunity for cross examination in
a) filed within the reglementary period support of the allegations of the complaint or
provided in Sec.1 of this Rule petition under oath, and testimony by way of
b) verified by the appellant himself in opposition thereto, and only after a finding of fact
accordance with the Rules of Court by the Commission:
Sec.4, Rule 7 a. that the prohibited acts have been threatened
c) in form of a memorandum of appeal and will be committed and continued unless
stating restrained;
i. the grounds relied upon and b. that substantial and irreparable injury to
arguments in support thereof petitioners property will follow;
ii. relief prayed for, c. that as to each item of relief to be granted,
iii. statement of the date appellant greater injury will be inflicted upon
received the appealed decision, respondents by the granting of relief;
d) in 3 copies d. that the petitioner has no adequate remedy
e) accompanied by at law;
i. proof of payment of required e. that the public officers charged with the duty
appeal fee to protect petitioners property are unable or
ii. posting of a bond unwilling to furnish adequate protection.
iii. certificate of non-forum shopping If the petitioner shall also allege that unless a
iv. proof of service upon other parties TRO shall be issued without notice, a substantial
In case the decision of the Labor Arbiter or the or irreparable injury to petitioners property will be
Regional Director involves a monetary award, an unavoidable, such a TRO may be issued upon
appeal by the employer may be perfected only testimony under oath, or by oath, or by affidavits
upon the posting of a bond. of the petitioners witnesses, if sufficient, if
Once an appeal is filed, the LA loses jurisdiction sustained to justify the Commission in the
over the case. All pleadings and motions issuance thereof.
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ANNEX O: Salient Features of the SSS Law and GSIS Law
DISPUTE Dispute arising from: Any dispute arising under this Act and other
SETTLEMENT 1. Coverage laws administered by GSIS
2. Benefits
3. Contributions Jurisdiction: GSIS
4. Penalties
5. Any matters related thereto When decision made: 30 days from receipt
of the hearing officers findings and
Jurisdiction: Social Security Commission recommendations or 30 days after
submission for decision
When decision made: Mandatory period of
20 days from submission of evidence Appeal:
CA Rule 43, Section 31
Appeal: SC Rule 45
CA questions of law and facts
SC questions of law only
PRESCRIPTIVE 10 years from accrual of right of action 4 years from date of contingency
PERIOD
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