_NIRE RULES OF PROCEDURE 2011 NLRC RULES OF PROCEDURE RULE I: TITLE AND CONSTRUCTION Construction These rules shall be liberally construed: 4, To carry out the objeciives of the Constitution, the Labor Code of the Philippines, and other relevant legislations; and 2. To assist the parties in obtaining just, expeditious, and inexpensive resolution and seitiement of labor disputes (Sec. 2). Applicability of the Rules of Court ‘The pertinent provisions of the Rules of Court'of the Philippines may,+.in the interest of expeditious dispensation of “labor: justice and, -whenever practicable and corivenient, be applied by analogy or ina suppletory character and effect (Sec. 3).’-. ) RULE Il: DEFINITION OF TERMS») f= The terms and phrases defined in Ari. "219° of the Labor Code, as amended;-shall.be given the § pame meanings when used herein: . Vd A Regional Arbitration Branc is any of the reGiohal arbitration branches or sub-regional branches of the Commission (Sec. 1). ~ i i RULE I: PLEADINGS, NOTICES, AND £ APPEARANCES ~ are ii) Complaint or Petition is a pleading alleging the cause or causes of action ‘of: the complainant. or Beltioner (See. 1(a)). /) % Contents of the Complaint or Petition’ Names and addresses of all compl lainants or Pelitioners (C/P); AIL) 2. Names and addresses of the respondents 3. Itmust be signed under oath by the C/P; and 4. With a declaration of non-forum shopping (Sec. 1(a)). Note: Several causes of action against a party arising from the same relationship shall be included in one complaint or petition (Sec. 1(b)).. Where filed: It should be'filed at the appropriate docketing unit of the Regional Arbitration Branch or the Commission (Sec. 3). In the event that the pleadings are filed through, fegistered mail or courier authorized by the Commission, the date of mailing shall be considered as the date of filing thereof (Sec. 3 as amiended by En Bane Resolution No, 05-14). Proof,of Service General Rule: A party filing a pleading shall serve opposing. parties with a cppyand its supporting documents."No pleading sll'bg considered without ‘biGOf af gervice fo the opposing partes. QS ‘CExceptionifified simultariously during a schedule set before the sey (Sec. 3). Service of Notices,/Resolutions, Orders and Decisions 1 Oe Modes of Serviced Noties:and copies of fésolutions or orders: 4. Personally, Soe’ 2.asBy.cegistered’majl(RM); or 3..By courier authorized by the Commission upon «the parties by the bailiff or duly authorized public: \:officés within three, (3) days from his/her receipt » Liherest (Seci.’3/2s amended by En Banc ‘Resolution No, 05-14). oP IE Decisions gid final'awards 1" By persanal service; 2. By tegsteod mal or "'By-courier authorized by the Commission; on i Rede parton ond Wel Soveaat gr copreoentatve, aye somDiter COMMITTEE RENTERS ADVISERS caNE CONTA SUBIC CONNTT - MARIA REGGIELEENE S, DIONISIO ovet MARITONI B. MOLINA MARI-NESSA N. ATTY. JOYRICH M. Fr een ea JUANICO™ subject chat, KARLA RAISA CABATUANDO, Goiancco, arty. chaiperson for ‘persons, -M. APOLINARIO assistant ALEXV! CHRISTIE G, THERESA GENEVIEVE rameron for academic operations, Meet hal GHRALD TUMULAK, CAROLYN NUEVECO, ATTY PRRONE LEIS D, ONG chaimerson OF SE ra. SOSA ep, AMINA M._ CABLING, MARLON J. MAXUEL, ‘Sskpeson foro sp aAMGON'D. NICOLE ELENA Il] C. NINANEFTE = A ATTY. ‘PETEROEY renege OF operations, SUEFERSON ESTIMA. bor sundanis, BANAL, ZEKIEL, V. USITA Sess seaman ft Ter Tata hor TANAEL DIOMDELIA a BEL er STR Tg RVG, MARIA trio or fiance ROL raion, KIM VC CcaRABEL 5 BUSINE PISEC vice chaimperson for electronic date Precegsing, PATRICK STEPHEN M. CUA chsirperson for logistics, MAICAH MARU A. PAMFILO viee-chairperson for usrmbership legislation and special laws CAMILLE ANNALYN M.TOMARONGException: Where a party or hisher counsel on (ecord Personally seeks service of the decision upon induiry thereon (Sec. 4 as amended by En Banc Resolution No. 05-14), Note: In case of numerous parties, service shall be made on counsel and upon such number of complainants, as may be practicable and shall be Considered substantial compliance with Art. 230(a) of the Labor Code (Sec. 4). ‘The period of appeal shall be counted from receipt of Such decisions, resolutions, or orders by the counsel OF representative of record (Sec. 4 as amended by En Banc Resolution No. 05-14). Return (Personal Service) The return shall be submitted by the bailiff 6? ‘officer within two (2) devegem date of service (Sec. 4 } Contents of Returit eal) 1. Hishername; “—% 2. The names of the perscnsserved: and SA 3. Date of receipt (Secsaye/ GOLLEG Contents of the Retui afdlProof ‘of Sewvice? Registered Mail or Cob Col net authcfized yj the Commission WI ent ba 1. Name of the addressee-and and 4 TA 2, Date of receipt (Sec. 4'as amended by choo Resolution No. 05-14). $j =A Note: If no service was effedtedthe Neco erc shall be so stated-(Sec. 4). — 4 peek WY ee Proof of Completeness of Servicé) tis deemed complete: Registered Mall or Couriei auf Commission - aX 1. Upon receipt by the addresSes of Kisiher agent; 2. Whelshe fails to claim th office ~ within five (5) days from, the'date of frst notice of the postmaster (Sec. 5 as‘amonded by En Bane Resolution No, 05-14), 4, MCLE compliance (Sec. 6(4)). General Rule: Only lawyers can appear before the NLRC or a Labor Arbiter. Exceptions: Non-lawyers can appear only in the following instances: (PLM-LO) 4. Helshe represents himself/herself as Party tothe ‘ ‘Sec. 6(b)(1)); 2 Holshe rapreaonts « Legitimate labor “organization which is a party to the case; equirements: | a "cenfeation from. the Bureau of Labor Relations (BLR) or Regional Office of the Department of Labor and Employment attesting that the organization helshe “represents is duly registered and listed in the -oster of legitimate labor organizations; ©b. Verified Certification jgsued by the secretary and attested to by/the’ president of the said 2) & ED forganization stating that‘he/she is authorized oo = to represent the'said organization in the cag = OF Leaseehd! 1s ¢ f~ . ~Copy,.of the feSoliition of the board of “sdirectofs of the “Said organization granting him such authority (Sec. 6(b)(2)). | 3, “Helshe repfesents a’ Member or members of a f \egitimiate labor organization that is existing within the employer's establishment, who are Parties to the tase) - rc” > preRequirements: < 21> g@iaVerified \cantitication attesting that he/she is “ye te] ‘authorized: by such member or members to <¢,45] tepreseht them in the case: and GP! Neritied.certiication issued by the secretary gf 2d attested to by the President of the said Organization” stating that the person of +" _ Bersons he/she is representing are members 4() St:their-organization which is existing in the (Lhe employer's establishment (Sec. 6(6)(3). “4: “Helshe is a dul Said office re 'y-accredited member of any Legal ognized by the DOJ or IBP: Requirements: «3 Proof of hisih 'er accreditation; and Represents a Party to the case (Sec. 6(b)(4)): Her Porsos ogi Owner, president or authorized corporatioy ich 5 party to the cece tO" OF establishment whRequirements: a, Verified certification attesting that he/she is authorized to represent said corporation or establishment; and b. Copy of the resolution of the board of directors of said corporation, or other similar resolution or instrument issued by said establishnient, granting himiher such authority (Sec. 6(6)(5)). Note: Appearances of a non-lawyer in contravention ofthis section shall not be recognized in any proceedings before the Labor Arbiter or the Commission (Sec. 6(c)). Common Requirements for lawyers . 4. The complete name and office “address ‘of counsel or authorized representative shall’ be made of record:-and » Fea 2. The adverse party-or his counsel or authorized representative shall be properly notified (Se 6(d)). At eS Appearances may be made orally or in. writing (See, &(a). EA 4 7 In case of change of ‘address, the cour representative shall file a notice of such change, copy fumished the adverse party’, and, counsel éor representative, if any (See. 6(@)). Appearing Non- Authority to Bind Party fo Perr General Rule: Counsel or ~“other “ authorized representatives of parties shall have authority to-bind, their clients in all matters of procedure. LA. Exception: Compromise agreement with the opposing party in full or partial. discharge of a client's claim (SPA or express consent is required) (Sec: 7).” RULE IV: VENUE, ASSIGNMENT. AND DISPOSITION OF CASES AT THE REGIONAL ARBITRATION BRANCH = be All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch having jurisdiction over the workplace of the Complainant or petitioner (Sec. 1). Workplace is defined as: 1. The place of locality where the employee is regularly assigned at the time the cause of action arose; LEGS 2. CChiangeofveriué T\ 7” The venue may be changéd or transferred: 4.- By written agreemieiitof the parties; or 2.=.When the; Commission or Labor Arbiter before ‘whom thé: caséZis~pending so orders, upon motion by: the ‘propef party in meritorious cases. (Sec: 1(d)). “#7 a ee Venue in OFW Cases.” OFW:.cases miay.’ber filed before RAB having jurisdiction over the place: 1. )- Where,the complainant resides; or 2.5Whére the. principal office of any of the ‘tegpgndents~is” situated, at the option of the ‘complainant (Seer 1(2)). 2 rR Thes'Rules of :Procedure on venue was merely permissive, allowing a different venue when the interestlof Substantial justice demands a different one (Dayag.-v: “Canizares, G.R. No. 124193, March 6, 1998) Raffle and Assignment of Cases. The Executive Labor Arbiter shall be responsible for the immediate raffle and assignment of all complaints and petitions filed with hisiher RAB, and the immediate forwarding of all subsequent pleadings and motions. Within 24 hours from receipt ~ all pleadings and motions subsequent to the filing of the complaint shall be forwarded to the Labor Arbiter before whom the ‘case is pending (Sec. 2). SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS 191Consolidation of Cases and Complaints Requirements: . 4. Two or more cases or complaints pending before different Labor Arbiters in the same RAB; 2. It involves the ‘same parties and common principal causes of action: or 3. It involves same parties with different cause of action. The subsequent cases or complaints shall be consolidated with the first to avoid unnecessary costs or delay. Such consolidated cases or complaints shall be disposed of by the Labor Arbiter to whom the first case was assigned (Sec. 3). In case of objection to the consolidation, the same shall be resolved by the Executive Labor Arbiter. An order resolving a motion ot objection to consolidation cannot be appealed (Sec. 3). * Disposition of cases/) When a case is ds: entire case and any ofall/incidents theretq:shall,be | considered assigned to-hith/her, and, the saifie shall be disposed of in the “same! procesdin§s tb. avoid: ‘multiplicity of suits or proceedings. When the Secretary of Labor“ahd Ehploymeht has assumed jurisdiction oveha “Strike for Jockoit..or certified the same to the Coniinission; the aes io Such dispute shall immediately inform’ the ‘Set etdy or the Commission, as the tase ffiay be, of all,cases directly related to the dispute between them pénding before any Regional Arbitratin’ Brarich,-and.-the Labor Arbiters handling the sanie.of such assumption oF certification es wih ¥ The Labor Arbiter concerned TG wack two. (2) days from notice the entiré Fecotds of the case to the Commission or to the Secretary of Labor, as the case may be, for proper disposition (Sec. 4a. CRO NS RULE V: PROCEEDINGS BEFORE) sLaBOR ARBITERS SARYT cas. Oe The Labor Arbiter shall have original’ and exclusive jurisdiction to hear and decide~ the following cases involving all workers, - whether agricultural or non-agricultural: (UT-ReD-Vil ‘CoMo) 1 Unfair labor practice cases (ULP); 2. Termination disputes (TD); 3. accompanied with @ claim for Reinstatement, those cases that workers may file 7 Wages, rates of pay, hours of work and olf terms and conditions of employment (wages: ae, with a claim for reinstatement): _ 392 SAN Beda CoLttce OF Law 2016 CENTRALIZED BAR OPERATIONS “we ~<'5, Uempldyer-em, "10, Other cases as ma “Art m tual, moral, exemplary and othe, i loyee relations (damages); 5, Gases arising from any Violation of Art, 279 gy ded, inclugi bor Code, as amen Including pions involving the legality of strikes ang lockouts; ims ari Employer-empioye ther claims arising from Er yee 8 Mi cions, including those of persons in domeces or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim fo, reinstatement; Except: Claims for employees compensation not included in the next succeeding paragraph, social security, medicare, and maternity benefits. 7.. Wage distortion disputes in unorganized “sestablishments not voluntarily settled by the parties “pursuant to RA‘ 6727 (wage distortion {E Feisputes), ty ka ~8: Enforcement of Compromise agreements when €) Btner jon-comipliance by any of the parties there sis}, n ursuant.to Art, 233 of the Labor Code, as mended (compromise agreements); 8. Money.claims arising-out of employer-employee Telationship orsby virtue of any law or contract, involving Filipino workers for overseas deployment, ifcluding claims for actual, moral, exemplary and other forms of damages as _ Provided by R.A. 8042 Sec. 10, as amended by R.A. 10022 (QFW. claims); = }A\ complaint ‘Gverseas em involving employment contract for ployment, despite the absence of ployee relationship, is cognizable by SLee-tRe Jabor arbiters;of the NLRC (Santiago v. CF ~ Sharp Crew Management, Inc., G.R. No. 162419. uly 10, 2007). ANY 'y be provided by law (Sec. 1). lotion for tax purposes is ‘ \. is the "benefits have boat, ,2in issue of whether n fully paid, It is therefore, a money from an (0s v. Servier Philippi R. No 166377, November 28, 2008). Mippines: G. arising telationship are not "Mployers my; employee, whi @ general rut from an employer-employee limited to claims by an employee ‘ay also have claims against the ch arise from the same relationship. AS '®, therefore, a claim ‘only needs to besufficiently connected to the labor issue rai must arise from an employer-employee relatonenig for the labor tribunals to have jurisdiction. (Malan © NLRC, GR. No. 202961, February 4, 2015) “ Cases arising from the interpretation or implementation of collective bargaining agreements ‘and those arising from the interpretation or enforcement of company personnel policies shall be feterred by the Labor Arbiter to the grievance machinery and voluntary. arbitration, as may be provided in said agreements (Sec. 7). Nature of Proceedings - The proceedings before the Labor Arbiter shall be rnor-iitigious in nature. Note: Subject to the requirements of due process, the technicalities of law and procedure and'the’tules obtaining in the courts of law shall not strictly apply thereto (Sec. 2). >>} » Summons 3 Prohibited Pleadings and Motions: (D°B-R'?NO*) 1. Motion to Dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, improper venue, res judicata, prescription and forum shopping; Motion to declare respondent in Default; Motion for a Bill of particulars; Petition for Relief from Judgment, Motion for Reconsideration of any decision or any order of the Labor Arbiter; Appeal from any Interlocutory order of the Labor Arbiter, such as but not limited to, an order: a. Denying a motion to dismis: b. Denying @ motion to inhibit; ¢. Denying a motion for issuance of writ of execution: or d._ Denying a motion to quash writ of execution. 72 ‘Appeal from the Issuance of a certificate of finality of decision by the Labor Arbiter, 8.4: Motion for New trial; ot 8. Appeal from Orders issued the Labor Arbiter course of execution proceedings; and geen 2 "nth Within two (2) days from receipt of a compiaini or... 10,-SugH Other, pleadings, motions and petitions of amended complaint - the Labor Arbiter shall issue'the {— required summons, attaching thereto copy of, the complaint or amended complaint and its annexes, if ~ - any (Sec. 3). Nas Contents of Summons: 1. Date; 2. Time; and i 3. Place of the mandatory cénciliation’and | mediation conference in two (2) settings (Sec.-3). Modes of Service Ne, 4. Personally: ee 2. Byregistered mail; or 4 3. Courier authorized by thé Conimission upon the parties by the bailiff or a duly authorized public officer within three (3) days Jronv his/her receipt thereof (Sec. 4 as amended: by.En Banc Resolution No. 05-14) Zh. Note: in the absence of service of sumrons.oF 4 valid waiver thereof, the hearings and judgment. rendered by the labor arbiter are null and void. (Helrs of Tabora v. CA, G.R. No. 95877, February 13, 1992). Note: Return shall be submitted within two (2) days from date of service and shall be immediately allached to the records and shall be part thereof. If No service was effected, the reason thereof shall be Stated (See. 4). “$3. Regijudicatay’) —y 4.” Prescription;.and 5. Forum shopping (See. 5(@) ilarnaluire‘intéhded to circumvent above provisions (Sec. 5). 7 Motion to Dismiss 27 When filed: Before~the“date set for the Mandatory Conciliation ‘and “Niediation Conference (MCMC) (Se0.6):- f(T oN, No motion shall be%aliowed or entertained after the ‘japse-of the period (Socy7). age EO AY “4 Grounds (SIR-PF) 7 4. Lack of jurisdiction over the Subject matter; 2 Improper venues” Note:-The motion shall be acted upon by the Labor Arbiter. before the issuance of an order requiring the ‘submissian-of position paper. An order denying the motion2to dismiss, or suspending its resolution until the-final determination of the case, is not appealable (NLRC Resolution No. 11-12). Mandatory - Conciliation and Mediation Conference Purpose: (AR-NIET) 1. Amicably setting the case upon a fair ‘compromise; 2. Determining the Real parties in interest; 3, Determining the Necessity of amending the complaint and including all causes of action; SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAROPERATIONS 1934. Defining and simplifying the Issues in the case; 5. Entering into admissions or stipulations of facts; and = 6. Threshing out all other preliminary matters (Sec. 8. Any agreement entered into by the parties whether in partial or full settlement of the dispute shall be reduced into writing and signed by the parties and their counsel or the parties’ authorized representatives, if any (Sec. 8(b)). Who Presides Over and Takes Full Control of the proceedings General Rule: The Labor Arbiter shall personally preside over and take full control of the proceedings and may be assisted by the Labor~Atbitration Associate in the conduct thereof.’ te Exception: In areas.\itiore there is no Labor:Arbiter: assigned, “conciliaiohS|and mediation” may be conducted by: 1. ALabor Arbitration Asséciate; 2. Any other NLRC persorinel wit suffidntlirainidg’? = Onn ee NP and knowledge on conciliation and mediation, authorized by the Chajimari;or a 3A duly authorized persorinel Bf the [DOLE Pursuant to any Meitioraridum fof Agreement executed for this purpose, (Sec. 8(a) a& amended by En Banc Resolution Nowoe say 8 "4 5 me Hall b The compromise agreeme the Labor Arbiter: 1. Ifafter explaining to the parties? particularly to the Complainants, the _ terms.~" conditions and consequences thereof, thelshé}is satisfied that they understand the agreément;4 = 2 That the same was eritgred’into freely and voluntarily by them; and X 3. That it is not contrary to law. moral policy (Sec. 8(¢)). approved by ls, and. public Effect of a Compromise Agreement: Compromise “agreement duly enteredinto...in accordance with this -Section shall be “final “ang binding upon the parties and shall have the force’ and effect of a judgment rendered by the Labor Arbite: (Sec. 8(d)) When is mandatory conciliation and mediation conference terminated General Rule: Mandatory Conciation and Mediation Conference must be terminated within tn eh calendar days from the date ofthe ft onto Exception: It may be extended for justhon ee (Sec. 66) sounds SAN BEDA COLLEGE OF Law 294 2016 Centaatized BAR O>tRations Motion for Postponement General Rule: No motion for Postponement sha y_ entertained. jeritorious groy ‘ : When based on mi 9FOUNDS; ang Ee scheduled hearing (Sec. 8(9). lure of Settlement during the mandatory conciliation and mediation conference, the Labor Arbiter or the said qu, authorized personnel shall proceed to the othe. purposes of the said conference (Sec. 9 as amendey by En Banc Resolution No. 05-14), " appearance of the Complainant None taranoe, during two (2) settings is a ground *, for-dismissal of the case without prejudice (Sec. 19) A Non-appearance of the Respondent | £QER [Nor-appearance bysréspohdent during the fist a) SAP 181) "conference, the: Second (2nd) conference 2..Non-appearance ‘dilring "the second (2nd) Conference is considered to have waived hisiher “= ‘Tight to file position paper (Sec. 10) “Subsequent ns The Labor Arbiter shall” 7 ‘1. Immediately termihate the mandatory conciliation = and mediationsconference; and 2...Ditect. the complainant or petitioner to file a eertierified position’ paper and submit evidence in 12.2 gSUPPOT of his/her causes of action and thereupon © Uy, pander’ hisiher, decision on the basis of the Xf Nevidence on record (Sec. 10). Note:.Respondent’s failure to appear shallonly mean walver of his/her right to file a Position paper only. It ae {Rot deprive, respondent of the right to be ie is nec a oles of the pleadings and processes — shall direct the parties to aut mn ‘sir Verified position papers wi SuPporing documents ang affidavits any, on a date from’ tre G2b°* Arbiter within ten (10) calendar cays conferenee (22, Of termination of the mediation Ranference (See. 12/a)) atowerenament f the complaint or petition shall b? the filing of position papers, unless wi '° Labor Arbiter (Sec. 12(b)).Note: If the amendment involves jit i additional respondents, service of ‘another summons is necessary to acquire jurisdiction aver the person of the said respondents, of Limitations on Position Papers Position papers shall cover only those claims and causes of action stated in the complaint or amended complaint, accompanied by all supporting documents, including the affidavits of witnesses which shall take the place of their direct testimony, excluding those that may have been amicably settled (Sec. 11 as amended by NLRC Resolution No. 11- 12). Reply Within ten (10) days from receipt of the position paper of the adverse party, a reply may be filed on a date agreed upon: and.during a schedule set before the Labor Arbiter. “it shall not allege or prove: facts not referred to or iricluded in. the original'or amended compiaint or petition or position paper (Sec. 412/d)). \! Hearing or Clarificatory Conference () LEE CS The Labor Arbiter shall,~motu propio, determine whether there is a need for a’hearing or clarificatory = conference (Sec. 13). 1.4 i INHIBITION Voluntary ‘A trLabor Arbiter, may voluntarily inhibit bimgelt/herself fromthe resolution of a case and shall writing-the legal justifications therefor oa A Upon Motion’s . 4. Yponsmotion”of a party, either on the ground of (“jfelationship within the fourth civil degree of \-leonsanguinily or affinity with the adverse party or <*“eounsel, or on question of partiality or other > justifiable grounds, the Labor Arbiter may inhibit ~Jhimselffherself from further hearing and deciding the case. 2. Such motion shall be resolved within five (5) days from the filing thereof. An order denying or granting @ motion for inhibition is non-appealable (Sec. 17). SAN BEOA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATIONS 195Seta natin ad eeommemam Period to Decide Case ? 1, Tho Labor Arbiter shal render hisfher decision within thirty (30) calendar days, wi extension. 2. Cases involving overseas Filipino workers sal be decided within ninety (90) calendar day: after the filing of the complaint (Sec. 18). Contents of Decisions 1. Facts of the case; 2. Issues involved; 3. Applicable laws or rules; 4. Conclusions and the reasons therefor; S. Specific remedy or relief granted (Sec. 19). {mn cases involving monetary awards, the decisions or orders of the Labor Arbiter shall contain the amount awarded. ae In case the decision, includes ‘aA order” of reinstatement, it shalllikewise contain: 1. A statement that the: reinstatement dSpect is immediately execuforyzand a 2. A directive for the employer to Suvinit & report of compliance within ten-(10):calendar days from receipt of the said decision (Sec. 19) Nag fl Nn St Order and Issuance of Finality of the Decisior Gentificate of Finality — ) ks (] The decisions, awards, or orders ‘ofithe! Lator Arbiter, the same are final~and executory unless appealed to the NLRC by afiy'or-both parties within {en (10) calendar days from the receipt thereof by the counsel or authorized representative orithe parties it Pot assisted by counsel or representative (Sec. 27 fa) in olation to LABOR CODE, Art.'229). |, = Certificate of Finality wed 4 Tre etter Arbiter issues a certiicate of fnaty upon» the expiration of the ten (10) calendar days without any appeal having been made. neg yn the absence of retumn cards, corticatcng from the Bost office or courier authorized by the Commies Srther broots of service tothe partes, he Laer ‘Arbiter may issue a certificate of finally, se sixty (60) calendar days from date Revival and Re-opening or Re-filing of Digmi Case and Lifting of Waiver 3 of Dismissed 1. A party may file a motion to revive or re, fase dismissed without prejudice, nto (10) calondar days from receipt sf Notice of the order dismissing the 2 same: ‘oth only remedy shall be to reste the encase? the SAN BEDA COLLEGE oF Law 498 2016 Cenrmauizen Bag Oreranions, declared to have waived hister 2. oan paper may, at any time after Bi thereof and before the case is eubmtay St decision, fle a motion under oath to set asige < order of waiver upon proper showing that hi er fare to appear was due to jusiianig ee meritorious grounds (Sec. 20) RULE Vi: APPEALS Procedure on Cases Originally Filed with the Labor Arbiter Anpeal tothe NLRC Division (i appeal denied, MR: appeal from NLRC the Sec. of Labor abolisicy ‘under P.D.1391) Labor Arbiter (No MR) 1 coiun afappeis (Cerioart unde Rule 65) ‘Supreme Court (Petition for Review under Rule 15) Grounds (FAQE) . IWthe ‘decision, through “Fraud corruption; wr » In case of sutety bond, the same (a) shall be issued by.a reputable bonding company duly accredited by {he.Commission or the Supreme Court, and (b) shall $3 beaccompanied. by original or certified true copies of thé following: “1. Ldoint, ‘declaratior hissher counsel! ~= attesting nUnder oath by the employer, land the bonding company, that the bond Posted is genuine, and Shall be in effect until final disposition of the case; 22" An indemnity agreement between the employer 3,4apPellant and bonding company; (TProot.ot security deposit or collateral securing the *euegbend: provided, that a check shall not be oe fnered a5 an acceptable security; icate of rence ‘ommissig authority from the insur Cortiicate of registrat ion from the Securities and 6. Gaenange Commission; Supreat® Of accreditation and authority from the Preme Court; and 7. Notarized board Certificate from the authorized signat Slanatures (Sec. 6), fesolution or _secretarys bonding company showing is ies and their specimenNote: The Commission through the Chaitman may on justifiable grounds blacklist a bonding company, notwithstanding its accreditation by the Supreme Court (Sec. 6). A cash or surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award satisfied (Sec. 6). The appellant’ shall furnish the appellee with a cattiied true copy of the said surety bond. The ‘appellee shall verify the regularity and genuineness thereof and immediately report any irregularity to the Commission (Sec. 6). it the bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsible parties. and their counsels, or subject them to reasonable fine or penalty, and the~bonding company —maysbe blacklisted (Sec. 6) aa Verification v. Certificate of Non-Forum Shopping, ARS E The SC has held that. insofar ‘as ‘verification «iss <= concerned, there is substantial compliance. if the same is executed by an attorney, it being presumed that facts alleged by him are trye to,his knowledge and belief, However, the same, does not-apply.as regards the requirement of a certification against forum shopping (Santos v. CA, G.R. No. 141947, July 5, 2007). = 1. Non-Service of Copy of Appeal to Appellees... «. Failure to give a copy of the appeal to the appellee. within ten (10) days is not fatal,if the latter. was not Prejudiced by the delay in the-service of said copy of the appeal—technical rules must yield to the broader interest of substantial justice: (Modern Fishing Gear Labor Union v. Noriel, G.R. No. 53907;,May 6, 1988). Note: The appellee may filer with the RAB. or Regional Office where the appeal was filed, his/her answer or reply to appellant's memorandum of 2ppeal, not later than ten (10) calendar. days from ‘eceipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal 10 fie hisiher answer or reply within the said period may be construed as a waiver on his/her part to file the same (See. 4(¢)) Once the appeal is perfected in accordance with these Rules, the Commission shall limit itself to Feviewing and deciding only the specific issues that were elevated on appeal (Sec. 4(¢)) Execution Pending Appeal . The decision of the labor arbiter ordering the reinstatement of a dismissed or separated employee shall be immediately executory insofar as the reinstatement aspect is concemed and the posting of an appeal bond by the employer shall not stay such execution. Basis: Police Power and the continuing threat or danger to the survival or even the life of the dismissed or separated employee and his family (Air Philippines Co. v..Zamora, G.R. No. 148247, August 7, 2006). Note: Reinstatement is immediately executory even pending appeal only when the Labor Arbiter himself ordered the reinstatement (Mt. Carmel College v. ResugniayG.R. No. 173076, October 10, 2007). Therajs,no need for a motion fos-the issuance of writ of execution onthe reinstatement order as it is self- ® “@xBéutGry (Pioneer Texturizing:Corp. v. NLRC, G.R. Gree _ Reinstatement, pending,!appeal necessitates that it must be: immediately sélf-executory without need for a writ:of ¢xecytion-during the pendency of the appeal, if the jaw isto: Serve its noble purpose, and any attempt on the-part-of the employer to evade or delay its execution stioald not be allowed (Pfizer, Inc, v. Velasco; GiR. NO-f77A67, March 9, 2071). aN é Upan:appoigimesitby-the Securities and Exchange Commission of a fefiabiltation receiver, all actions for ‘claims-before anycourt, tribunal or board (including - the:Labof; Arbiter) against the corporation shall jpso Jure'be suspended.(Garcia v. PAL, G.R. No, 164856, Janiiany 20, 2009)! —> 2 YR Reinstatement Pending Appeal under Art, 229 vs. _/* Order of Reinstatement under Art. 294 ‘An order, of reinstatement by=the- Labor Arbiter is immediately executory even pending appeal. It is, similar to a return-to-work order ie. to restore the status quo in the workplace inthe meantime. ‘On the other hand, the order of reinstatement under Art, 294 Presupposes the award thereof is pursuant to a final and executory judgment, and not while the case for _ illegal dismissal is pending on appeal. Generally, no need for the issuance of a wit of execution. Needs the issuance of a writ of execution ‘SAN BEDA COLLEGE oF LAW 2016 CENTRALIZEDBAR OPERATIONS 199tic the Employer in complying with an Sree einscatonvert which is immediate and executor oe can mit the dismissed employee back to work: a, Under the same terms and conditions prevailing prior to his dismissal or separation; or b. To a substantially equivalent position if the former position is already filled up; or 2. He can reinstate the employee merely in the payroll with payment of the accrued salaries (LABOR CODE, Art. 229 Par. (3)). Note: The exercise of one of the foregoing options may be compelled under pain of contempt and the employer may be made to pay the salary of the employee instead. asicd | Payroll reinstatemient exists when an employee is paid his monthly salary Without making him perform actual work. It applies in.termination cases wheré the labor court deciares the dismissal illegal and orders reinstatement of the employee, bul ‘the! employer” does not want to actually.or physically reinstate him and instead, at the employers option, mierely Teinstates the employee’-in‘-the payroll’ pending appeal. Ta? OP adh oi AR TA Note: The employes is ndt required! td-heimburse whatever salary he recelved if the order of reinstatement by the Labor”Arbiter is' reversed on appeal (College of immaculate-Concepéion v--NLRC, G.R. No. 167863, March 22,-2070).) The order of reinstatement by. the Labor Arbiter is obligatory on the part of fhe-employer. Hé'is ‘obliged to reinstate and pay the wagesof, the ‘concerned employee during the period of appeal until reversal by the higher court (Roquero“v. PAL, G:R. No. 182328, April 22, 2003). ‘ win Reversal of Payroll Reinstatement’ of, Labor Arbiter PILI Aller the Labor Arbiter’s decision is réversed by a higher tribunal, the employee may be barred from Collecting the accrued wages, if it is shown that the Gsiay in enforcing the reinstatement pending appeal Yeoguthout fault on the part of the employer lergonio v. South East Asian Airline 195227, April 21, 2014), es GR. Ro, Two-Fold Test 1 There must be actual delay or the fact that the order of censitemen pening sepa tn ‘executed pnor to its reversal; and a Snot 200 SAN BEDACouLECE oF Law 2016 Centhacizeo Bar Operations 2. The delay must not be due to the employers unjustified act or omission. If the delay is due jg the employer's unjustified refusal, the empioye, may still be required to pay the salaries notwithstanding the reversal of the Labor Atbiter’s decision (Bergonio v. South East Asian Airlines, surpra). Judicial Review Rules No law allows an appeal from a decision of the Secretary of Labor, or the NLRC, of of a voluntary arbitrator. Note: Decisions of Voluntary Arbitrators are appealable to the CA under Rule 43 of the Rules of Court in relation to Sec. 9 of B.P. Big. 129. Voluntary - Arbitrators are to be considered as quasi-judicial agencies whose decisions are appealable to the CA (Luzon. Dev't.Bank v. Association of Luzon Devt ~&-Bank;-G:R. No. 120319, October 6; 1995). 1. The way to review NLRC. Uecisions is by special F @ivil'action of certiorari, prohibition or mandamus lnder Rule 65 of the Rules.of Court, > ORICA bh ~...Note: A petition, for Gertiorari shall not stay or “suspend the execution of the assailed decision ofthe NLRC-UNLESS a TRO is issued by CA or SC (Rule Xi, Sec.-4): Jurisdiction bélongs to SC and CA, but in line with the. doctrine on hierarchy of courts, the petition: should. be initially presented to the CA a«.(St. Martin’s ‘Funeral Home v. NLRC, G.R. No. 130866, September 16, 1988). No Motion for Reconsideration is allowed for jay order, decision or award of a labor arbiter. “4, However, a~Motion for Reconsideration of @ ~ Labor Arbiter's. decision, award or order which =“ has all the elements of an appeal may be treated 85 an appeal (Rule V, Sec. 5() Only. one (1) Motion for Reconsideration of the “_decision,“award or order of the commission in ((/G28es appealed before it is allowed (Rule Vl ‘Sec. 15). € Instances where a Motion for Reconsideration maybe dispensed wi 1 Where the order is a patent of nullity, as where the court a quo has no jurisdiction; 2. Where the questions raised in the certiorat Proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court: Where there is an urgent necessity for the resolution of the question and any further delay ‘would prejudice the interests of the Governmentine lini ten eaeena or of the petitioner or the su or ote, ratons bject matter of the 4, Where, under the ‘circumstances, reconsideration would be useless; motion for 5, Where petitioner was deprived of due process and there is extreme urgency for relief; 6. Where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable; 7. Where the proceedings in the lower court are a nullity for lack of due process; 8, Where the proceedings was ex parte or in which the petitioner had no opportunity to object; and 9, Where the issue raised is one purely of law or where public interest is involved (Abraham v. NLRC G.R. No. 143823, March 6, 2001). Note: It must be noted however that the discrélign to determine whether. the circumstances of a particuiar case are on all fours jof the above enumerated instances does nof-belong.to any party litigant but shall remain with the Court, Certiorar is not-a shield ¢ the required motion for regs Records of Case on Appeal“ | = The records of a case shall have a corressicnding index of its contents which’shall include the,followin, 1. Orginal copy of the complaint: AV [7 2. Other pleadings and motions; & {3 |! £S 3. Minutes of the proceedings; notices, ‘transcripts of stenographic notes, ifany;, | 4. Decisions, orders, and.resolutions as_well.as proof of service thereof,f available; 5. The computation of the award: 6 Memorandum of appeal-and the reply or answer thereto, if any, and proof of service, if available: and CEO | Xe 7. Official receipt of the appeal. {6e;and the appeal bond, if any (Sec. 7). svn Note: The records shall be chronologically arranged ‘and paged prominently. “ashdl) Transmittal of Records Mae Within fory-eight (48) hours after the filing of the @ppeal, the records of the case shall be transmittes by the Regional Arbitration: Branch or office of origin *© the Commission (Sec 8). Effect of Fill eal General Ruled once’ an appea! is fled, the Le Arbiter loses jurisdiction over the case. All pleadlrgy and motions pertaining to the appealed case Si ‘heteatter be addressed 10 and filed wil Commission (Sec. §). “SAK majority o Exception: Immediate reinstatement pending appeal under Section 6 of Rule XI. Frivolous or Dilatory Tactics No appeal from an interlocutory order shall be entertained (Sec. 10). Sanctions: The Commission after hearing may 1. Censure or cite in contempt the erring parties and their counsels; or 2, Subject them to reasonable fine or penalty. Appeals from Decision of Other Agencies ‘Same rules governing appeals from the decisions or orders of Labor Arbiters (Sec. 17). RULE Vi: PROCEEDINGS BEFORE THE ‘COMMISSION 2 Jurisdiction 6 The NLRC“fas exclusive ofiginal and appellate = ‘Togsgigtign in accordance with-law (Sec. 1). from the adverse consequences of an omissigri fo'file. ."~ ideration.(Ibid,)i em ESS my Composition’ 1, ‘One (1) Chairman 2 Twenty three (23),Cominissioners (See. 2(2)) Commission En Bane: The Commission ghajsi en banc only for purposes od 4, BromUlgating:raleS and regulations goveming the hearing..and.-disposition of cases before its = Divisions and’Regignal Arbitration Branches; and 2¢Formulation-of policies affecting its administration Zangignerations (Sec. 2(b)). af 28 Bp En Banc:Sessionsi~ all'the members of the Commission * may cal\a;spedial en banc session to discuss and decide on" urgent and vital matters. which 7 need immediate action (Sec. 4(2)); 2, _ Amajority’of all the members of the Commission ‘eohstitute & quorum (Sec. 4(b)); and 3::-The-vote or concurrence of the majority of the ‘members constituting a quorum shall be the > sdecision or resolution of the Commission en banc ~ (Sec. 4(0)). Note: The Commission may, on temporary or emergency basis, allow cases within the jurisdiction ‘of any Division to be heard by any other Division whose docket allows the additional workload and such transfer will not expose litigants to unnecessary additional expense (Sec. 2(b)). SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS 202Duties of the Chairman 1. Call the Commission to an en banc se least twice @ year (June and December); 2. Preside over all sessions of the Commission en bane; and 3, Act as the Presiding Commissioner of the First Division, nat Note: In case of absence, the Commissioner of the Second Division shall be the Acting Chairman (Sec. 3) he Chairman shall not participate in the voting by the Division, except when he/she is acting as Presiding Commissioner of the Division ia the absence of the regular Presiding Commissioner (Sec. 4(d)). Divisions ay Eight (8) Divisions =f} , 5 i 1. Six (6) Divisions for.Luzon (offices in’ NCR); 2, One (1) Division for Visayas (office in Cebu);‘and. | 3. Mindanao (office in Cagayan de Oro) (See. 2(q))._- Composition of a Divisions’. ~~“ “=! 1. One (1) Presiding Corimissioner (Publ Seater: and ey i 2. Two (2) Members (Workéhs and Emplojers ne ae The presence of at least wo (2) Commissioners of a Division shall constitute aquorunt., || oe hee The concurrence of two (2). Commissioners ‘of a Division shail be necessary for the pronouncement of ' judgment or resolution (Sec: 4). The Chairman shall desigriate Sich rumber “of additional Commissioners whenever’ the “required membership in a Division is not complete and/or the Concurrence of two (2) Commissioners. cannot. be obtained 10 arrive at a judgment or resolution (See 4c). eset In the event that all the members of a division inhibit themselves from resolving @ case, the Chairman may, Greate 8 Special Divison or assign the ease to any ¢ the other Divisions (Sec. 4(c)). Consultation ‘The conclusions of a Division on any case or matter Submitted to it for decision shall be reached <1 consultation before the case's assigned to.a member {or the writing ofthe opinion. t shall be mandatory tor tho Division to meet for the purpose of i consultation ordained herein, Saw BEOA COLLEGE OF LAW 202 2016 Centnacizep BaR OPtraTions ti 'd by the Presiqi jon to this effect signe in A oa ener of the Division shall be issued ang ® coynereof attached to the record of the case a served upon the parties (Sec. 5). is ‘ing Opinion . Stould any member of a Division indicate histher intention to write a dissenting opinion, he/she may fie the same within the period prescribed for deciding op resolving the appeal; otherwise, such writen dissenting opinion shall not be considered part of the records of the case (Sec. 6). “Inhibition - | No motion to inhibit the entre Division of the Commission shall be entertained. ~-»-2,.Any Commissioner may inhibit himseltihersel 2 OyE ‘fromthe: consideration and resolution of any case of matter before the Division and shall so state in ~ writing the legal or justifiable grounds therefor, 3. In case “two; (2) Commissioners in a Division {5 Linhibit themselves ina case or matter before it, the, “Chairman shall-designate two (2) <3 F Commissioners from other Divisions representing ~<,the respective sector-of the Commissioners whe inhibited themselves (Sec. 7 as amended by En * Banc Resolution No. 14-15). Abstenition © fC The’ Chairman shall~designate such number of additional Commissioners belonging to the same sector fromthe other Di In‘the.evént that ail th fremselves from resolving a case, the Chainman may thea, Special Division or assign the case to any of {he olher Divisions (Sec. 8) . $oNSolidation of Cases ApPealed and"injunction cases involving the same Sha sg 88U2S: OF related questions of Tact or law Shall be: consolidated before the Commissioner to seam the case with the lowest core waneher is assigned, Notice of the consol ‘ation shall be given by the omer Clk or Deputy: Execute wien ob the _ SNet members ofthe concemed Divisone wea 8 Technical Rules Not Binding wt eS Of Procedure and evi in c evidence prevailing he oot aM andl equity shall wee be controlling and ascertain SON Shall use all reasonable moots © Objective the facts in each case speedily and Procedure’ without regard to technicaliioe of law oF 79), "°" @l in the interest of due. process (Se2ymicable Settlement fhe commission May exert all efforts toward th: Teable sotlloment of a labor dispute within ‘ie isdicion on or before its first hearing or during the iwrsdatory conferences set for the purpose: and he settlement of cases on appeal, to be valid and pining between the parties, shall be approved by the Commission (Sec. 11). Approval of a Compromise Agreement by a Labor Arbiter ‘The compromise agreement shall be approved by the Labor Arbiter, if 4. After explaining to the parties, particularly to the complainants, the terms and conditions and consequences thereof, 2. He is satisfied that they understand ° the agreement; > : 3. The same was entered into freely and voluntarily bythem; and <= 4. Itis not contrary to.law, morais, and public poli¢y (Rule V, Sec. 8(¢)).~ rei} __Effect of a Compromise Agreement. _ . A judgment rendered’ in’ ~accordance™ with a compromise agreement is -not appéalable, [and is immediately executory unless'a mation is filed to set aside the agreement on: the ground of, frayd, mistake, or duress, in which-case an appeal may be taken against the order ~ denying. the motion (Philippine Journalists v. NLRC,.G.R.. No. 166421, September 5, 2006). 7% os There is no justification to disallow a compromise agreement, solely because it was entered into after final judgment. The validity -of. the agreement is Setermined by compliance with the requisites and Principles of contracts, not by when“it was. entered Io (Megbanua v. Uy, GR. No. 161003, May 6, 5) 4 Effect of Failure of Conciliation and Mediation The Labor Arbiter shall terminate the conciliation and Mediation stage and shall direct the parties {0 ‘Smuttaneously file their respective position papers on the issues agreed upon by the parties. Finality of Decision of the Commission General Rule: The decisions, resolutions or orders of 88 Commission shall become final and execulory alter ten (10) calendar days from receipt thereof by ‘he counsel or authorized representative or the Paties not assisted by counsel or representative (See, 14). Exception: Jn case the decision includes an order of reinstatement, the Labor Arbiter shall immediately issue wrt of execution, even pending appeal. Entry of Judgment Upon the expiration of the ten (10) calendar day Period, the decision, resolution, or order shall be entered in a book of entries of judgment. In the absence of return cards, certifications from the post office or the cdurier authorized by the Commission of other proofs of service to the parties, the Executive Clerk or Deputy Executive Clerk shall consider the decision, resolution or order as final and executory after sixty (60) calendar days from date of mailing (Sec. 14 as amended by En Banc Resolution No, 14-15). Motions for Reconsideration General Rule: Motion for ,reconsideration of any decision, resolution or order of-the Commission shall fiotbe entertained. x ye Exception Wheh based Gn palpable or patent rors; provided: \ “That the motion’ i ‘led within ten (10) calendar days'trom receipt of decision, resolution or order; 2. With proof of seivice'that a copy of the same has. been furnished, -wilhin the reglementary period, the adverse partyand 3. That only one Such motion from the same party shall be entertained (Sec. 15) wane ON RULE Vill: CERTIFIED CASES Policy:~To' ensure “and maintain industrial peace based, Gn’ social ‘justice and national interest by “having a,full, comiplete and immediate settlement or adjudication of all labor disputes between the parties, as-well as issues that are relevant to or incidents of the certified issues (Sec. 1). Correlation: When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout: inv an industry indispensable to national interest; the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration (LABOR CODE, Art. 270(g)). Effects of Certification Upon certification, the intended or impending strike or lockout is automatically enjoined, notwithstanding the filing of any motion for reconsideration of the certification order or the non-resolution of any such motion which may have been duly submitted to the SAN BEDA COLLEGE OF Law 2014 CLNTRALIZEO BAR OPERATIONS 203Office ot the Secretary of Labor and Employment (Sec. 3(a)). Wa work stop, lime of the c employees shi the employer and readmit conditions 3(@)). page has already taken place at the ertfication, all striking or locked out all Immediately return to work and Shall immediately resume operations all workers under the same terms and Prevailing before the strike or lockout (Sec. All cases between the same parties, except where the certification order specifies otherwise the issues ‘Submitted for arbitration which are already filed or may be filed, and are relevant to or are proper incidents of the certified case, shall be considered Subsumed or absorbed by the certified case, and Shall be decided by the appropriate Division of, the Commission (Seong, é iL: aa The parties to a“xettified. case, contempt, shall inform their counsels and thé Division! > "Execution of Judgment Concerned of all cases~pending with the } 4 Certified Case withthe Regional.” ok, Motu proprio: o We Arbitration Branches ati‘thé Voluntan? Arbitrators” Fupon motion by thie. proper party (Sec. 6). ‘lative or incident to the cerlifiéd case before it (Sec, se gat eee ge Nao 3(b)). Se POE RULE IX CONTEMPT > Set on Whenever a certified tabordispute bites business entity with several. Workpladeslocated in Gifferent regions, the Division having territorial Jurisdiction over the principal otfiée of the company ‘shall acquire jurisdiction to décidé such'labor dispute: unless the certification order Rrovides otherwise (Sec. =) Ww bs Effects of Defiance wee, It shall be considered as an illegal act commitied in. the course of the strike or lockout; and shall authorize the Commission to enforce the“Same!under pain of immediate disciplinary action, including: “: 1. Dismissal or loss of employment status; 2. Payment by the locking-out employer of backwages, damages; Sl} Other affirmative relief; and oe Even criminal prosecution against “the” liable parties, oC The Commission may also seek the assistance of law enforcement agencies to ensure compliance and enforcement ofits orders and resolutions (Sec. 4) Procedure in Certified Cases When there is no need to conduct a clarificatory hearing: The Commission shall resolve all certiie cases, within thity (30) calendar days from receipt by the assigned Commissioner of the complete records, SAN BEDA COLLEGE OF LAW 204 2016 CENTRALIZED BAR OPERATIONS. Einstein Under pain of which shall include the position papers of th ‘and the order of the Secretary of Lai Employment denying the motion for recon: of the certification order, if any. 1 Patios DOr ang sideration When a clatificatory hearing is needed: th, Commission shall within five (5) calendar days fos receipt ofthe records, issue a notice to be served the parties through the fastest means availaye requiring them to appear and submit additions) evidence, if any. Resolution All cerlified cases shall be resolved by thy Commission within sixty (60) calendar days ton receipt of the complete records by the ascigney Commissioner, No nation for extension oF postponement shal! te “entertained (Sec, 8). az Direct Contempt Nature: Summary Grounds: ; Any ‘act of misbetiavict.ih the presence of or so neer the. Chairman or‘any,Commissioner or Labor Arbiter £s;to obstruct or jiterruipt the proceedings before the Same), including: + “Ti. [Disrespect toward said officials. ~2 { Offensive acts toward others: or {Refusal to! be'swomn or to answer as a witness o **to-Subscribe to an affidavit or deposition wen awfully fequired to do so (Sec. 1). ~~ Penalties 7 W the offense:is co 2 mitted against the Commission -Of,any member thereof: : J=ine not exceeding five hundred peses 5 S4P500.00); a 2.™.Imprisonment not ‘ing five (5) days; oF 5 a nt not exceeding five (5) days; Ifthe offense is committed Against any Labor Arbiter: fine ‘not exceeding one hundred 7230S (P100,04 impsonment Rot exceeding one (1) day: oF 3,period to Appeal (Labor Arbiter to Commission): fithin a period of five (5) calendar days from notice Y the judgment. The decision of the Commission Spall be immediately executory and unappealable Effect of Perfection of an Appeal ‘The execution of said judgment shall be suspended riding resolution of the appeal upon the filing by eid person of a bond on condition that he will abide by and perform the judgment should the appeal be decided against him/her. indirect Contempt ‘Grounds (MD-PAASA) 4. Misbehavior of any officer or employee in the performance of his/her official duties or in his/her official transaction; oa 2. Disobedience of, or resistance to,-a lawful writ, order or decision: : : 3, Any abuse of, oF.“any unlawful interference!with=—- the Processes “or- proceedings not’ constituting 4, Any Improper conduict + tendi ‘Administration of justices.) a 5. Assuming to be an attomey or a representative of fory witout authored 8. Failure to obey a Subpoena duly served:.of. m=, 7. Other grounds Analogaus to:the foreaning (See. 2. ses BES UE Venue “| 1. Commission: Where the charge .for indirect contempt has been committed . against the ‘Commission or against an Officer appointed by it: 2. Regional Arbitration Branch’ (subject to appeal to the Commission): Where the.charge for such contempt has been committed against the Labor Arbiter, ~ /) Proceedings 1. Motu proprio by the Commission. of any, Labor ~~ Arbiter by an order or any other-formal charge ‘equiring the respondent to show .cause:,why, he/she should not be punished for contompt. .« 2. By a verified petition with supporting particdlars and certified true copies of documents oF papers involved therein, and upon full compliance with the requirements for filing initiatory pleadings in the Commission. tthe contempt charge arose out of or is related ‘oa principal action pending in the Commission OF Regional Arbitration Branch, the petition for Contempt shall allege that fact but said petition Shall be consolidated, heard, and decided Separately, uniess the Commission or Labor indirectly, to impede~obstruct_or. degradesthe: = (3 Les discretion, orders the harge and the its/his/her consolidation of the contempt ct principal action for joint hearing and decision. Arbiter in Hearing Upon the date set for hearing, the -Commission or Labor Arbiter shall proceed to investigate the charge and consider such comment, answer, defense or testimony as the respondent may make or offer. Failure to attend the scheduled hearing and to give a satisfactory explanation in writing to the Commission or Labor Arbiter will result in the waiver of the respondent to be present during the hearing. Penalties 4, .|f commitied against the Commission or any niember-thereof - a fine of one thousand pesos (P1,000.00)'"per day for every act of indirect contempt. Trine Sensalis comm BGinst Labor arbiter - $3 fle of five hundred’ pesos (P500.00) per day for, way, of indirect;contempt. vv Note: Each day of defiance 8f, or disobedience to, or non-enforcement of a findForder, resolution, decision, ruling, injunction, @rprogesses, ‘shall constitute an indirect contempt ofthe Commission. cad Ae Ifthe contempt tconsists of the violation of an injunction or omission’to.do an act which is within the power of the respondent to perform, the respondent shall, in-addltion, be, made liable for damages as a consequence thereof! The damages shall be measuted by the.extent“f the oss or injury sustained by,,the ‘aggrieved party by reason of the acts or omissions of which the contempt is being prosecuted, and.the/costs’of.the-proceedings, including payment, of interest ongdariages. A-Writ of ‘ekécution may be issued to enforce the decisigh imposing such fine and/or consequent damages. a8.punishment for indirect contempt (Sec. re SS RULE X: INJUNCTION Temporary Restraining Order (TRO) consists of orders which may require, forbid, or stop the doing of fan act. The power of the NLRC to enjoin or restrain the commission of any or all prohibited or unlawful acis under Art. 225(6) of the Labor Code can only be exercised in a labor dispute. Note: A restraining order is not an injunction at all ut'a writ 1 compel pats to maintain re mana fr cortvoray in elas quo unt! the secrets ‘SAN BEDA COLLEGE OF Lat Ww 2016 CENTRALIZED BAROPERATIONS 205whether or not a temporary or preliminary injunction Ought to be issued may be determined (BF Homes V. Reyes, No. 44514-R, March 16, 1971). Who may Issue 1. President (a. 278(g)); 2. Secretary of Labor (Art. 278(g)); and 3. NLRC (Art. 225); Note: ‘There is no law which empowers Labor Arbiters to issue a TRO or Injunction. Hence, Labor Arbiters cannot issue a TRO or an Injunction. Procedure for the Issuance of Restraining Order! Injunction (DVH-RFB) 1. There must first be a labor Dispute; 2. Filing of a Verified petition; 3. Hearing after dué. and personal notice-fids ‘been Served, in such.manner as the Commission shall direct: dA sage a. Alll known persons against whom the relief is sought; and =, / ctf b. The chief executive or other. public cificials of the province or Gity'within which, the Gniawful acts have been.-threatened or committed charged with the--duty td “piotect’ the complainants propeity:/, ft 4. Reception at the ‘hearing of the ltestimonies of witnesses with opportunity for, crogs-examination, in support of the allegations of ithe ‘complaint made under oath aswell! as testimony in Oppositionthereto; i, PG 5. Finding of Fact of the Caminission’ to.the' effect that: = & % a Prohibited or unlawful’acts “have” been threatened and will be ‘committed;"or have been committed and will'bé continued unless festrained, but_no injunction or temporary restraining order shail be issued on account of any threat, prohibited’. or’ unlawful act, ‘except against the persons, “association of organization making the threat ot committing the prohibited or unlawful act or, actually authorizing or ratifying the same. after actual knowledge thereof; é b. Substantial ‘and irreparable injury to ‘the complainant's property will follow, ~~ Note: Irreparable Injury is an injury which cannot be adequately compensated in damages due to the nature of the injury itselt or the nature of the right or propery injured oF when there exists no pecuniary standard for the measurement of damages. ‘San BEOA COLLEGE OF Law 208 2036 CenTRALIZED BAR OPERATIONS Df 6 li Ordinary Labor Disputes ~ _ Requisites: tas to each item of relief to be gran, a injury will be inflicted mes ‘complainant by the denial of the reliey wil be inflicted upon the defendants by 0 granting of the relief; 4. That complainant has no adequate remedy law; and Note: Adequate Remedy is one that ator relief with reference to the matter is controversy and which is appropriate to ia particular circumstances of the caso, If he remedy is specifically provided by law, i's presumed to be adequate (PAL’v. NuRe G.R. No. 120567, March 20, 1998), e. That public officers charged. with the duty ip “protect complainant's property are unable or . “ unwilling to furnish adequate protection; ang Posting of a Bond. * (U4! Pit is established~on’ the basis of the sworn allegations. in. the—petition that the acts complained of involvirig or arising from any labor dispute -before: the Commission, which, if not restrained: or performed forthwith, may cause grave orireparable damage to any party o _ Fender ineffectual any decision in favor of such party; wm Certification. “of ~‘non-forum — shopping shall accompany the petition for injunction; and Posting of the'required cash bond in the amount ‘0 be. determined by the Commission to answer {or any damage that may be suffered by the party enjoined, if itis: finally determined that the Petitioner is not entitled thereto (See. 1) nye In Strikes or Lockouts Requisites: “Hearing. Opportunity fF allegations of u ~_ Oath, and testi offered, and Commission: That threater conti “testimony of witnesses and_vith ‘Cross-examination in support of the he complaint or petition made under mony by way of opposition thereto, iF Only after a finding of fact by the Prohibited or unlawful acts have bee? Foe and Will be committed and vill BP sred Unless restrained, but no injunction © temporary restrai issued on ning order shall be issu Account of ai : eecePt against’ the person or persons Association Ona committing ny threat, prohibited or unlawful act The Taanization making the threat the prohibited or unlawful actactually authorizing or ratfyin aciual knowledge thereof, "® Seme after b. That substantial and irreparable paiitioner's property will follow: c. That as to each item of relief to be granted greater injury will be inflicted upon the petitioner by the denial of relief than will be inflicted upon respondents by the granting of relief: 4. That petitioner has no adequate femedy at law: and e. That the public officers charged with the duty to protect potitioners property are unable. or unuiling to furnish adequate protection (Sec, 2). injury to Notice and Hearing Hearing shall be held after due and personal notice thereof has been served, in such manner as, the Commission shall direct, to all known persons’against whom relief is sought, and also to the Chief Executive and other public officials of the province oF city within which the unlawful acts have been threatened or committed charged with the duty to-protect* petitioner's property (Sec: 3). ~ om Reception of Evidence; Delegation it may be delegated by the Commission to any'of its. Labor Asbiters who shall conduct such hearings in such places as he/she may determine 'to..be accessible to the parties and their witnesses, and shali -thereafter submit “his/her { report | and recommendation to the Commission’ within fifteen (15) days from such delegation (Sec. 4): Ocular Inspection The Chairman, any Commissioner, Labor Arbiter.or their duly authorized representatives, may at any time during work hours, conduct an” ocular inspection (Sec. 5). f Injunction from NLRC is not the proper remedy against employee dismissal. “ The power of the NLRC to issue an injunctive writ originates from “any labor dispute” upon application by’ party thereof, which application if not granted may cause grave or irreparable damage to any party. oF tender ineffectual any decision in favor of such party, {is an essential requirement that there must first be 2 labor dispute between the contending parties before the labor arbiter. In the present case, there is 0 labor dispute between the petitioner and private Tespondent as there has yet been no complaint for Megal dismissal filed with the labor arbiter (PAL v. NLRC, supra). Temporary Restraining Order Requisites: (STU) 1. Patitioner shall allege that, unless a TRO shall be sued without notice, a Substantial and irreparable injury to petitioner's property will be unavoidable; 2. There is Testimony under oath, or by affidavits of the petitioner's witnesses, sufficient, if sustained, to justify the Commission in the issuance thereof (Affidavit of Merit); and 3. The complainant shall first file an Undertaking with adequate security/bond in an amount to be fixed by the Commission sufficient. to recompense those enjoined for any loss, expenses or damage caused by the Improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with a reasonable attorney's fee, and expense of defense against the granting of any injunctive “relief, sought in the same proceeding and subséquently denied by,the Commission (Sec. an i Zo Twenty (20) days from the posting of the cash bond required., > During the said pefiod; the parties shall be required to present evidence” to-Substantiate their respective positions in the main'pétition (Sec. 8). 29 CE Cash Bond: Fifty thdisand pesos (P50,000.00), or such higher. amount as" may be determined by the Commission:(See>7),--7 Effects...of Defiance’ The order or resolution enjoining the performance of illegal acts shall be ~ immediately executory in accordance with the terms thersof (See. 9). > Zoo Note:The TRO ‘shall be effective for no longer than twenty (20) days, upon the posting of a bond, and shall, become: void after the expiration of the 20 day period. <,to“immediately reinstate the dismissed emiployes -eithér physically or in the payroll, and to pay'thé.atorued salaries as a consequence of such “non-reinstatement in the amount specified in the decision (Sec.12 as amended by NLRC Resolution No.41-12). Note: The Labor Arbiter shall motu propio issue a corresponding writ to satisfy the reinstatement wages as they accrue until actual reinstatement or reversal Of the order of reinstatement (Sec. 12 as amended by NLRC Resolution No. 11-12). y SAN BEDA CoLLece oF Law 2016 CENTRALIZED Bar Operations 209Resolution of Motion to Quash i ition for Ten (10) working days from filing of said mot resolution. The mere filing of a motion to quash ara Rol stay execution proceedings (Sec. 13 as amendet ‘by NLRC Resolution No. 11-12). Remedies of a third party whose Property has been wrongfully levied to enforce a. decision (Cumulative) | 1. Motion for Exclusion or Release of the property ‘wrongfully Jevied on execution; Service by the third party claimant on the officer making the levy and upon the judgment creditor of an aifidavt of tile (RULES OF COURT, RULE 39, Sec. 16). This is also known as terceria: 5. Mf the third party claim is denied, the third’ party ‘Gay appeal the denial to the NLRC (Yupangco Cotton Mis, Inc. v.-CA, G.RawNO-" 426322, January 16, 2002): and E te 4. Independent civ abtion to recover the ile ‘and Possession of the. property wrongfully levied on Se uilen (RULES OF COURT, RULES Soe 16; Yupangco Cotton-Mills:Inc, HCA, supra), * SY COLLE? Third Party Claim YY, VOLE Period to file: not later thai five (5) last day of po execution sale, barred (Sec. 7 No. 11-12) 2 sting or pdblitation ofi the notice of olherwise The claim shall. be. forever 4 as amended: by NLRC iResolution se, (OWE Requirements (ABD-F) GY 1. An Alfavit stating tite Te property or Fight'to the Bogeession thereof with supporting evidence, 2. Posting of a cash or si 3. : 80 ayment “of républication of patce of auction sale; and sy ea eat 4 Payment of prevailing Fling ict (See 14 as ‘amended by NLRC Resolution No: 14-95- Shf 2d with thé. Cominission *ecution proceeding ig of Copies there! to the no We Prevailing pany (See. 44) Effect of Filing: it shall automatican, Sus Proprio eons a ect Of the thied party e meses bord we Labora of the levied property (Sec. 14 a8 amended by NLRC Resolution No. 11-12). ion: Within ten (10) working da Atimssion of the claim for resolution, The f the Labor Arbiter is not appealable but may pe Siéected to the. Comminsion via a verified: petition under Rule XIl. Pending resolution thereof, executes shall proceed against all other properties not subjec af the third party claim (Sec. 14(d) as amended ty NLRC Resolution No. 11-12). YS from decision RTC Injunction against NLRC Generally, not available. However, t that no court has the power to interfer with judgments of | another he general rule re by injunction court with -concurrenticoordinate jurisdiction applies only when if the loes not belong to the judgment ase, it could not be validly levied if for thé.’satisfaction of the Party claimant does not ‘no third-party. complaint is involved. Therefore, broperty under levy d debtonin the NLRC c: upon by. the =sherif lays from receipt of such writ e wnt ua days thereafter during the Tit unless fully satisfied, A copy of the Ere be Aurmishes the Chairman and the or iter . ded by MARC Resonnei mr (See 15 as amen Effect of Shor Re pores Failure to Submit Return and Upon the Sherifrs fe failure . ee ministrative fine; " Pension tor fitte, 3 Both eee" fF ftteen (18) days without pay; or eittntay, ~ 85 en ended by NLRC Resolution Effect of 1.8280 of tagtS2! during Execution Proceedings SOU oF Appa o® Pattial revorcct Of judgment by the nanan insofal® S%°Cution procheriny shat be "oMitistanding SE 8S. the Feversal is concemed dency of @ motion forreconsideration on such judgment (Sec, 17 as amended by NLRC Resolution No. 11-12). Note: If the CA decision is reversed by the SC, execution proceedings shall commence upon presentation of certified true copy of the decision and entry of judgment (Sec. 17 as amended by NLRC Resolution No. 11-12). Restitution if the executed judgment is totally or partially reversed or annulled by the CA or SC with finality and restitution is so ordered, the Labor Arbiter shall, on motion, issue such order of restitution of the executed award, except reinstatement wages paid pending appeal (Sec. 18 as amended by NLRC Resolution No. 11-12). ‘ Examination of Losing Party When Judgment Unsatisfied “s sists When unsatisfied in-whole or in part, the prevailing party, at any time after such return is made, shail be | entited to an order from the Labor. Arbiter who rendered the said judgment, requitiig. such.losing. * party to appear and be examined conceming his/her property and income before such Labor Arbiter, at a specified time and place;..and proceedings; may thereupon be had for the application of the. property and income of the losing’ party | towards the satisfaction of the judgment (Sec: 19, as amerided by NLRC Resolution No. 05-14).“) 8 Enforcement of Attendance and Conduct ..of Examination ~ 5 4 party or other person may be compelied, by an order or subpoena, to attend beforé the Labor Arbiter to testify, and upon failure to obey such order or subpoena or to be sworn and subscribe, or to answer. 28 a witness, may be punished for-contempt as in other cases in accordance with Rule IX, Examinations shall not be unduly prolonged, bit:the Proceedings may be adjourned from.time ‘to, time; Unt the same are completed. eh eLY All examinations and answers before the Labor Arbiter must be under oath, and when a corporation ©F other juridical entity answers, it must be on the cath of an authorized person or agent thereof (Soc. 19, a8 amended by NLRC Resolution No, 05-14). RULE Xil: EXTRAORDINARY REMEDIES Verified Petition A party aggrieved by any order oF resolution of the Labor Arbiter including those issued during execution Proceedings may file @ verified petition to annul or resolution. The petition may be i i of a accompanied by an application for the issuance temporary restraining order and/or writ of preliminary 6 permanent injunction to enjoin the Labor Arbiter, OF any person acting under his/her authority, to desist from enforcing said resolution or order (Sec. 1). modify such order or Grounds (FAIQE) . The petition may be entertained only if there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law, and based on the following grounds: 1. If a party by Eraud, accident, mistake or excusable negligence has been ‘prevented from taking an appeal; 2. If there is prima facie evidence of Abuse of ...,. discretion on the part of the Labor Arbiter. 3... ifthe’order or resolution will cause Injustice if not stectified; 4..:lf made purely on Questions of law; or 5. If serious Errors in the findings of facts are raised fWwhich, if not corrected;-' would cause grave or = “ineparable damage or- injury to the petitioner ‘) F(Sec,.2'@s. amended by ‘NLRC Resolution No. 05- 14). ee 4 2 Period to fil Not’later-than ten (10) calendar days: trom. receipt’ of: the order. or resolution of the Labor Arbiter} NO 5 Where to. file: With"the Commission furnishing a ‘copy thereof fo the aderse party. Requisites of the Petition (OD? 4 ITV-A) ‘ccompanied by’a-clear Original or certified true copy ’of the"order or resolution assailed, together with selear “copies of documents relevant or “,felaled to the-said order or resolution for the ‘proper understanding of the issue/s involved; 2. Contains the arbitral Docket number and appeal “docket number, if any: 3._ States the material Date shoving the timeliness ‘of the petition; 4.zIn-the.form of a Memorandum which shall state the- ground/s relied upon, the argumentis in ~ support thereof and the reliefs prayed for; 5. In Three (3) legibly written or printed copies; 6. Verified by the petitioner himselfiherself in ‘accordance with Section 4, Rule 7 of the Rules of Court, as amended; and 7. Accompanied by:(NSP) ‘a. Certificate of Non-forum shopping; b. Proof of Service upon the other party/parties and the Labor Arbiter who issued the order or resolution being assailed or questioned; and SAN BeDa COLLEGE oF Law 2016 CENTRALIZED Bar Operations 212c. Groot of Payment of the required fees (Sec. Effect of Filing of Petition 1. The proceedings before the Labor Arbiter shall continue unless restrained, 2. In case of execution, the proceedings in Accordance with Rule XI of these Rules shall not be suspended, but no money collected or credit gamished “may be released or personal Properties levied upon be sold by public auction Within fifteen (15) calendar days from the filing of the petition 3. If no temporary restraining order or writ of Preliminary injunction is issued within the said Period, the money collected or credit garnished Shalt be released andior upon sold by public auction and therpréceeds of the sale applied, to satisty the judgment. | 4. In case of exesétion Proceedings, ' the Gabor: == Arbiter ‘shail immediately inform-in’ writing the Com: i Pending of the satisfaction of the judgment, and,” if circumstances warraht,’the ‘Commiiésion ‘shall dismiss the petition for being moot. . 5. The records of the case’shall not bé elevated to the Commission unless\otherwise ordered, in which case the exécutior!) progeedings ‘shall continue with the Labor-Arbier retaining copies of documents relevant and -recessaty) for this - Purpose (Sec. 9, “as“amefided iby Eni Banc Resolution No. 05-14). fh d 6. In the event that a subsequent petition-under:this Rule involving the same. tissues lis filed, the suspension of the releasb.of money collected or credit gamished or the~suspension: of auction. sale over properties levied-upon, shall not apply (Sec. 9 as amended by NERC. solution No. 11- 12), TRA, & Service and Filing of Pieacinos “4 The party filing the pleadings shall-serve pary with copies thoreot in accordhoe wthyRule 13 of the Rules of Court furnishing the Labor Agbiter with copy. GEE If the last day to serve and file a pleading falls 6n a Saturday, Sunday or holiday, the pleading shall be served and filed on the first working day immediately following such Saturday, Sunday or Holiday (Sec. 6). Answer to the Petition: Within ten (10) calendar days from the receipt of the petition. Failure on the part of the private respondent, to file his/her answer within the said period may be construed as a waiver to file the same (Sec. 7). San BeDa ComLece OF Law 7222046 Centaauizeo BAR OPERATIONS the properties levied... n or thé:Division where the pation is) {7 {Cash Bond: ~" Suh higher amount as-may be determined by the shal 2 other = ="Hf the Coms it of Preliminary Injunction Un the fing of verted application for injunctive i jather with supporting affidavits ang Sesumeng, tne Commission may issue 8 wit of ¢ preliminary injunction based on any of the applicable ‘grounds provided for in Section 3, Rule 58 of the Rules of Court for the preservation of the rights of the parties pending resolution of the petition. The wrt of preliminary injunction shall be effective for a non. extendible period of sixty (60) calendar days ftom service on the private respondent (Sec. 10) Temporary Restraining Order If it shall appear from facts shown by the verified application and affidavits that great and irreparable damage andior injury would result to the petitioner before the petition can be resolved. It shall be effective fora non-extendible period of twenty (20) calendar days from service on the private respondent (Seo.310)... AZ Fifty thousand pesés (P50,000.00), o ‘CCommission, to recompense those enjoined for any loss, expense or damage.caused by the improvident OF erroneous issuance of such order of injunction, including all reasonable costs. The temporary restraining order or writ of preliminary Injunction shall become effective only upon posting of the required cash bond. :Effect of Injunction: —> Unless otherwise Yeciared by the Commission, shall 2, notistspend the'pfoceedings before the Labor Arbiter $0" Stay the implementation of the writ of execution but il“only restrain of. enjoin such particular act's es EfBrei secrees to-be restrained or enjoined (Sec Resolution», ~~ e Commission finds Petition are irug, it shal! ‘i-Render-judgment for the relief prayed for or to ~S>x Which the petitioner is entitled, and/or ~2>.Grant a final injunction perpetually enjoining the ™tabor Arbiter or any person acting under his/her authority from the commission of the acs oF confirming the preliminary injunction 3. Dismiss the petition if it finds the same to be: a. patently without merit, b. prosecuted manifestly for delay, . that the questions raised therein are 100 unsubstantial to require consideration, oF 4. when an appeal or any other plain, speedy and adequate remedy in the ordinary course that the allegations of theof law is available (Soc. 13, as amended by En Banc Resolution No. 14-15). note: Except by way of a petition filed in accordance fin this Rule, no appeal from the order or resolution sued by the Labor Arbiter during the execution oceedings of in relation to incidents other than a Secision or disposition of the case on the merits, shall be alowed or acted upon by the Commission, RULE Xil: COMMISSION SEAL AND RECORDS, AND POWERS AND DUTIES OF COMMISSION OFFICIALS RULE XIV: ADMINISTRATIVE SANCTION The NLRC and Labor Arbiters may imp under the following conditions: 1. There is authorization from the Chairman; 2. After a hearing; and 3. The fine must not be less than P500 nor more than 10,000 (See. 1). jose fines ‘The same may be enforced through the issuance of @ writ of execution (Sec. 1). RULE XV: EFFECTIVITY CASE FLOW AT THE REGIONAL ARBITRATION BRANCH LEVEL START. 5 File Complaint Receive, docket and subscribe... complaint. © oe Raffie and assian Gases ‘Set case for mandatory conference ‘issue summons | Ty ‘Mandatory Conterenc ff gta eso rt overs “issue an ordér submitting the case 1 CEE er decaion “Submi Postvon Memoranda J Pace Prepare decision ¥ Tssue/Promulgate and) toiease decision + ———— 1) SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR Operations 213| File and Receive Appeal Memorandum { ‘Transmit records of appealed casos | Docket and raffle appealed cases Dp {2 Order! Resolution» Approved? ‘ No YES faa Finalize Decision! NO (Draft decieion resolution or order. |) | Consultation | ‘San BEOR COLLEGE OF LAW 234 2016 CENTRALIZED BAR Oenations Assign to Labor WWbter Reviewer Release Decision, Order, or Resolution - !S8u8 Entry of ~ Judgment ‘Transmit records of case, fo RAB of origin UWre-dratts decision per ‘consultation