NLRC INTERIM RULES ON APPEALS UNDER R. A.

6715, AMENDING THE

LABOR CODE.
Pursuant to the provisions of Art. 218 (a) of the Labor Code, as amended, the
following Interim Rules on appeals are hereby adopted and promulgated: chan
robles virtual law library
SECTION 1. (A) Appeals and Period. - Decisions, awards or orders of the Labor
Arbiter, Regional Director or any duly authorized Hearing Officer and the POEA
Administrator shall be final and executory unless appealed to the Commission by
any or both parties within the 10 calendar days from receipt of such decisions,
awards or orders of the Labor Arbiter or of the Administrator; and in case of the
Regional Director or any duly authorized Hearing Officer, five (5) calendar days
from receipt of such decisions, awards or orders.
(B) Grounds. - The appeals may be entertained only on any of the following
grounds:
1. That there is prima facie evidence or abuse of discretion on the part of the
Labor Arbiter, Regional Director or any duly authorized Hearing Officer and
Administrator;
2. That the decision, order or award was secured through fraud or coercion, or
graft and corruption;
3. That the appeal is made purely on questions of law; and/or
4. That the serious errors in the finding of facts were committed which, if not
corrected, would cause grave or irreparable damage or injury to the appellant.
SECTION 2. Order of Reinstatement and Effect of Bond. - Insofar as the
reinstatement aspect is concerned, the decision of the Labor Arbiter reinstating
a dismissed or separated employee shall immediately be executory even pending
appeal. The employee shall either be admitted back to work under the same
terms and conditions prevailing prior to his dismissal or separation or, at the
option of the employer, merely be reinstated in the payroll.
The posting of bond by the employer shall not stay the execution for
reinstatement.
SECTION 3. Where Filed. - The appeal shall be filed in five (5) legibly typewritten
copies with the respective Regional Arbitration Branch, the Regional Office, or
the Philippine Overseas Employment Administration where the case was heard
and decided.
SECTION 4. Caption. - In all cases appealed to the Commission, the party
appealing the case shall be called the "appellant," and the adverse party the
"appellee" but the same title and number of the case shall remain.
SECTION 5. Requisites of Appeal; When Perfected. - (A) The appeal shall be filed
within the reglementary period as provided in Section 1(A) of these rules; shall
be under oath with proof of payment of the required appeal fee and the posting
of a cash or surety bond as provided in Section 7 of these rules; shall be
accompanied by a memorandum of appeal which shall state the grounds relied
upon and the arguments in support thereof; a statement of the date when the
appellant received the appealed decision, order or award; and proof of service
on the other party of such appeal.
(B) The appellee shall file his answer to the memorandum of appeal in the
Regional Arbitration Branch, Regional Office or in the POEA where the appeal was
filed not later than ten (10) calendar days from receipt thereof. Failure on the
part of the appellee who was properly furnished with copy of the appeal to file
his reply or opposition within the said period may be construed as a waiver on
his part to file the same.
(C) Once the appeal is perfected in accordance with these rules, issues not raised
on appeal shall become final and executory, and the Commission shall limit itself
to reviewing and deciding specific issues that were elevated on appeal.
SECTION 6. Appeal Fee. - The appellant shall pay an appeal fee of one hundred
pesos (P100.00) to the Regional Arbitration Branch, Regional Office, or to the
Philippine Overseas Employment Administration.
SECTION 7. Bond. - In case of a judgment of the Labor Arbiter involving a
monetary award, an appeal by the employer shall be perfected only upon the
posting of a cash or surety bond issued by a reputable bonding company duly
accredited by the Commission in an amount equivalent to the monetary award in
the judgment appealed from.
For purposes of the bond required under Article 223 of the Labor Code, as
amended, the monetary award computed as of the date of promulgation of the
decision appealed from shall be the basis of the bond. For this purpose, moral
and exemplary damages shall not be included in fixing the amount of the bond.
Pending the issuance of the appropriate guidelines for accreditation, bonds
posted by bonding companies duly accredited by the regular courts, shall be
acceptable.
SECTION 8. No Extension of Period. - No motion or request for extension of
period within which to perfect an appeal shall be entertained.
SECTION 9. Immediate Transmittal of Records. - Within forty-eight (48) hours
after the filing of the reply or opposition of the appellee; or after the expiration
of the period to file the same, the entire record of the case, together with the
memorandum of appeal; proof of the posting of the required bond; and proof of
service thereof, shall be transmitted by the Executive Labor Arbiter, Regional
Director or POEA Administrator to the appropriate Division of the Commission.
SECTION 10. Records of Cases. - The records of cases shall contain, among
others, a complete narration of what transpired in the arbitration stage in the
form of minutes, including all original pleadings, notices, proof of service of the
decision, order or award and other papers, which shall be chronologically
arranged and consecutively numbered.
SECTION 11. Period to Resolve Appeal. - (A) The Commission shall resolve the
appeal from the decision, order or award of the Labor Arbiter and administrator
within twenty (20) calendar days from the time the case is submitted for
resolution. In case of appeals from the decision of the Regional Director or any
duly authorized Hearing Officer, the same shall be resolved within ten (10)
calendar days. chan robles virtual law library
For this purpose, a case or matter shall be deemed submitted for resolution upon
the filing of the last pleading or memorandum required by the rules of the
Commission or by the Commission itself.
SECTION 12. Frivolous or Dilatory Appeals. - To discourage frivolous or dilatory
appeals, the Commission or the Labor Arbiter may impose reasonable penalty
including fines and censures on the erring party or parties.
SECTION 13. Execution of Decisions, Orders or Awards. - (A) The Secretary of
Labor and Employment or any Regional Director, the Commission or any Labor
Arbiter, or Med-Arbiter, or Voluntary Arbitrator or Panel of Voluntary Arbitrators,
may motu proprio or on motion of any interested party, issue a writ of execution
on a judgment within five (5) years from the date it becomes final and executory,
requiring a sheriff or duly deputized officer to execute or enforce final decisions,
orders or awards of the Secretary of Labor and Employment or Regional Director,
the Commission, or the Labor Arbiter or Med-Arbiter, or Voluntary Arbitrator, or
Panel of Voluntary Arbitrators. In any case, it shall be the duty of the responsible
officer to separately furnish immediately the counsels of record and the parties
with copies of said decisions, orders or awards. Failure to comply with the duty
prescribed herein shall subject such responsible officer to appropriate
administrative sanctions.
(B) The Secretary of Labor and Employment and the Chairman of the Commission
may designate special sheriffs and take measure under existing laws to ensure
compliance with their decisions, orders or awards and those of Labor Arbiters and
Voluntary Arbitrators, including the imposition of administrative fines which shall
not be less than Five Hundred Pesos (P500.00) nor more than Ten Thousand
Pesos (P10,000.00).
SECTION 14. Enforcement of Decisions, Awards or Orders. - Any enforcement
agency may be deputized by the Secretary of Labor and Employment or by the
Commission for the enforcement of decisions, awards or orders.
SECTION 15. Effectivity. - These Interim Rules shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general circulation.
SECTION 16. Unless repealed or contrary to these Interim Rules, existing rules
of the Commission remain in full force and effect.
SECTION 17. Transitory Provision. - Appeals filed on or after March 21, 1989, but
prior to the effectivity of these Interim Rules must conform with the requirements
as herein set forth or as may be directed by the Commission.
Done in the City of Manila, this 8th day of August 1989.
(Sgd.) FRANKLIN M. DRILON
Chairman
(Sgd.) EDNA BONTO-PEREZ
Vice-Chairman
(Sgd.) DANIEL M. LUCAS, JR. (Sgd.) ROSARIO G. ENCARNACION
Commissioner Commissioner chan robles virtual law
library
(Sgd.) OSCAR N. ABELLA (Sgd.) CONRADO B. MAGLAYA
Commissioner Commissioner
(Sgd.) DOMINGO H. ZAPANTA (Sgd.) CEFERINO E. DULAY
Commissioner Commissioner
(Sgd.) MIRASOL V. CORLETO (Sgd.) MUSIB M. BUAT
Commissioner Commissioner

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