New Era University
College of Law
Criteria
Who exercises
Existence of ER-ER Rel
Effect of presence or
absence of ER-EE rel
Power Granted
Limit to the amount included
in the scope of such power
Cause of action or specific
matters assigned by law
Evangeline P. Omadto
Comparison among Articles 128, 129 and 217
Art 128
Secretary of Labor (SOL) or
his duly authorized
representative who may or
may not be a Regional
Director (RD)
Labor regulation officer
Requires ER-EE rel
(Rule 11 sec 3 rules of
disposition of LabStand
cases in RO)..if on the face
of the complaint, it could be
ascertained that Er-Ee NO
LONGER exist, the case,
accompanied by allegation
of illegal dismissal or not,
shall be endorsed by RD to
NLRC
VISITORIAL POWER which
is a means to implement the
ENFORCEMENT POWER of
the SECRETARY OF
LABOR without need of a
judicial order to have access
to employers’ records and
premises, to question any
employee and investigate
any fact.
POWER OF APPELATE
REVIEW
None. RA 7730 removed
such limitation on the
amount involve
Any fact, condition or matter
which may be necessary to
determine violations or which
may aid in the enforcement
of the Code and of any labor
law, wage order or rules and
regulations
Labor Law Reviewer
Art 129
Regional Director or any duly
authorized hearing officer
Er-Ee rel not necessary
since it should not include a
claim for reinstatement
Must have Er-Ee Rel on any
matter involving recovery of
wages and other monetary
claims
Adjudicatory Power through
summary proceedings to
hear and decide simple
money claims and other
benefits
Limited. Provided further,
that the aggregate money
claims of each employee
does NOT exceed PhP5,000
Any matter involving the
recovery of wages and other
monetary claims and
benefits, including legal
interest, owing to an
employee or person
employed in domestic
household service or house
Atty Duano, Atty Montero, Atty Aliling
Art 217
Labor Arbiter (LA) and the
Commission
No Er-Ee
Must have Er-Ee Rel
Quasi-judicial power to hear
and decide cases and
claims, including:
a. Money claims in
any amount
accompanied with
prayer for
reinstatement
b. Money claims
exceeding
PhP5,000.
Yes and No.
Yes. There is a limit for
claims not accompanied with
a prayer for reinstatement.
The LA has no jurisdiction
over such money claim in
the amount of PhP5,000 or
below.
No. There is no limit if there
is a prayer fir reinstatement.
Unfair Labor Practices
Termination Disputes
If accompanied with claim for
REINSTATEMENT, those
cases that workers may file
involving wages, rates of
pay, hours of work, and

What act triggers availment
of remedy and who will
undertake
On triggering act-where
should this official act be
undertaken and when?
Evangeline P. Omadto
New Era University
College of Law
SL or his duly authorized
representative may conduct
either:
Routine inspection upon
their initiatives
Complaint inspection due to
complainant filing of
complaint
In the employers’
premises…at any time of the
day or night whenever work
is being undertaken therein
Labor Law Reviewer
helper under this code
ARISING from ER-EE
Relations
Upon complaint by any
interested party
Usually in the DOLE RO or
any satellite office – office
hours. No prohibition to hold
it in any other public place,
Atty Duano, Atty Montero, Atty Aliling
other terms and conditions of
employment
Claims for actual, moral,
exemplary and other forms
of damages arising from the
employer-employee relations
Cases arising from any
violation of Article 264
(prohibited activities) of this
Code, including questions
involving the legality of
strikes and lockouts
Except claims for Employees
Compensation, Social
Security, Medicare and
maternity benefits, all other
claims arising from
employer-employee
relations, including those of
persons in domestic or
household service, involving
an amount exceeding
P5,000.00 whether
accompanied with a claim for
reinstatement or not.
RA 8042 Migrant Workers
and Overseas Filipinos Act
of 1995 conferred original
and exclusive jurisdiction
upon LA to hear and decide
all claims arising from ER-
EE rel or by virtue of any law
or contract involving Fil
workers for overseas
deployment, including claims
for actual, moral, exemplary
or other damages.
Upon complaint by any
interested party
During office hours in LA
office or on-site hearing.

Deadline for exercise of such
power
How case is resolved
Power to order stoppage of
work or suspension of any
company, at what ground?
Where to file an appeal and
what period
Grounds for appeal
Requirements to perfect an
appeal
Evangeline P. Omadto
New Era University
College of Law
None
Order issued by the duly
authorized rep of DOLE
Yes. Only the SOL may
order stoppage of work or
suspension of company
operation when
noncompliance with law or
IRR poses eminent danger
to the health and safety of
workers
To the SOL (Rule IV, Sec 1)
within 10 calendar days from
receipt of order
(Rule IV sec 2)
Prima facie evidence of
abuse of discretion of RD
Order was secured though
Fraud, Coercion or Graft and
corruption
Appeal is made purely on
question of law
Serious errors on the
findings of facts which, if not
corrected, would cause
grave or irreparable damage
or injury to the applicant
In case an order involves
monetary award, appeal by
employer perfected only
upon the posting of CASH
or SURETY BOND
(accredited by SOLE) in the
amount equivalent to the
monetary award in the order
appealed from
Labor Law Reviewer
even on-site hearing if
demanded by circumstances
Director or hearing officer to
decide/resolve the complaint
within 30 calendar days from
date of filing
Decision or Resolution
issued by RD or its
authorized rep
No such power
NLRC within 5 calendar days
from receipt of the copy of
decision or resolution
(Art 223 of LC incorporated
as a way of reference to Art
129)
Same as 128
Does not require the posting
of a bond
Atty Duano, Atty Montero, Atty Aliling
Ocular inspection may be
conducted in aid of
adjudication
LA shall hear and decide the
case within 30 calendar days
after submission of the case
by the parties for Decision
without extension even
absence TSN
Order, decision or resolution
No
NLRC within 10 calendar
days from receipt of a copy
of the decision, award or
order
Same
In case of a judgment
involving monetary award,
appeal by employer may be
perfected only upon the
posting of CASH or
SURETY BOND (accredited
by the Commission) in the
amount equivalent to the
monetary award in the order
appealed from
PARTIAL bond is allowed by
reason of justice and equity
subject to the following
conditions on reduction of
bond: (1) the motion to

Timeframe an appeal is
resolved
Timeframe of Finality of
decision
Who issues writ of execution
Evangeline P. Omadto
New Era University
College of Law
reduce bond shall be based
on meritorious ground and
(2) a reasonable amount in
relation to monetary award is
posted by the appellant
(Silent on this) NLRC 10 calendar days to Art 223 – the commission
decide from submission of shall decide cases within 20
Reference by Analogy: last pleading required or calendar days from receipt of
allowable the answer of the appellee
Art 262 (l) on strike cases –
the SOL shall decide or
resolve dispute within 30
calendar days from the date
of assumption
Art 277 par (i) to ensure
speedy labor justice, periods
provided in this code which
decision or resolution of
labor relations cases should
be rendered, shall be
mandatory. Reckoned at the
filing of the last pleading or
memorandum required by
the Commission, LA, BLR, or
Med-Ar, or RD
Decision, orders or Decision in the appealed Final and executory after 10
resolution of the SOL cases shall become final and calendar days from receipt of
become final and executory executory after 10 calendar the parties
after 10 calendar days from days from receipt
receipt
The SOL or his duly Silent LA who issued the decision
authorized representatives
shall issue a writ of In the absence of explicit
execution to the appropriate prohibition, the SOL or his
authority for the enforcement duly authorized rep shall
of their orders EXCEPT in issue the writ
cases where the employer
contest the findings of the
labor employment and
enforcement officers and
raises issues supported by
documentary proofs which
were not considered in the
course of inspection
Labor Law Reviewer Atty Duano, Atty Montero, Atty Aliling