Professional Documents
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SUPREME COURT
FLOWCHART BASED ON JURISDICTION
AR of the
COURT OF APPEALS
migrant workers
192
MONEY CLAIMS Unresolved Notices of
ARTICLE 217 LABOR LABOR Inter‐Intra
under Section 10 Grievances, Strikes or
INJUNCTION OF THE LABOR other disputes Lockout, other STANDARDS STANDARDS Union Representation
CODE RA 8042 as ART. 128 (b) LC ART. 129, LC Disputes Issues
amended by parties dispute for
1 2 agreements preventive 6 7 8 9
3
4 mediations
5
OR
VOLUNTARY
ARBITRATOR
BLR
OFFICE OF THE
DIRECTOR
SECRETARY
NLRC Art. 263 (g)
(COMMISSION LEVEL)
FLOWCHART BASED ON CAUSES OF ACTION
COURT OF APPEALS
SUPREME COURT
193
Article 218(e) of the Labor Code INJUNCTION
Petitions for injunction are initially brought to and decided at the commission level.
INJUNCTION
1 Rule X, Sections 1 and 2 of the 2005 Revised Rules of the NLRC, provides that:
Injunction in Ordinary Labor Disputes. ‐ A preliminary injunction or restraining order
may be granted by the Commission through its Divisions pursuant to the provisions
of paragraph (e) of Article 218 of the Labor Code, as amended, when it is established
on the basis of the sworn allegations in the petition that the acts complained of
NLRC involving or arising from any labor dispute before the Commission, which, if not
(COMMISSION restrained or performed forthwith, may cause grave or irreparable damage to any
LEVEL) party or render ineffectual any decision in favor of such party.
Injunction in Strikes or Lockouts. ‐ A preliminary or permanent injunction may be
granted by the Commission only after hearing the testimony of witnesses and with
opportunity for cross‐examination in support of the allegations of the complaint or
petition made under oath, and testimony by way of opposition thereto, if offered,
and only after a finding of fact by the Commission:
COURT OF
APPEALS a) That prohibited or unlawful acts have been threatened and will be
committed and will be continued unless restrained, but no injunction or
temporary restraining order shall be issued on account of any threat,
prohibited or unlawful act, except against the person or persons,
SUPREME association or organization making the threat or committing the prohibited
or unlawful act or actually authorizing or ratifying the same after actual
COURT
knowledge thereof.
b) That substantial and irreparable injury to petitioner's property will
follow;
c) That as to each item of relief to be granted, greater injury will be
inflicted upon the petitioner by the denial of relief than will be inflicted
upon respondents by the granting of relief;
d) That petitioner has no adequate remedy at law; and
e) That the public officers charged with the duty to protect petitioner's
property are unable or unwilling to furnish adequate protection.
194
ARTICLE 217 Under Article 217 of the Labor Code as amended, Labor Arbiters shall have
OF THE LABOR original and exclusive jurisdiction to hear and decide the following cases
CODE involving all workers, whether agricultural or non‐agricultural:
2
1.Unfair Labor Practices;
2.Termination Disputes;
LABOR
ARBITER 3.If accompanied with a claim for reinstatement, those cases that workers
(RAB) may file involving wages, rates of pay, hours of work and other terms and
conditions of employment;
4.Claims for actual, moral and exemplary and other forms of damages
arising out of ER‐EE relations;
NLRC
(COMMISSION 5.Cases arising from any violation Art. 264 of the Labor Code, including
LEVEL) questions involving the legality of strikes and lockouts; and
6. Except claims for Employees Compensation, Social Security, Medicare
and maternity benefits, and all other claims arising from EE‐ER relations,
including those of persons in the domestic or household service, involving
an amount exceeding P5,000 regardless of whether accompanied with a
claim for reinstatement.
COURT OF This Article enumerates the cases falling under “original and exclusive”
jurisdiction of labor arbiters. This gives the impression that none but a labor
APPEALS arbiter can hear and decide the six categories of cases listed. But this is not
really so. Any or all of these cases can, by agreement of the parties, be
presented to and decided with finality by a voluntary arbitrator or a panel
of voluntary arbitrators (see Articles 261‐262). (AZUCENA, Everyone’s Labor
Code 2001)
SUPREME
COURT NOTE:
RAB‐Regional Arbitration Branches
195
MONEY CLAIMS R.A. 8042 Migrant Workers and Overseas Filipinos Act of 1995 as
under Section 10 amended by R.A. 10022.
RA 8042 as
amended
3
Section 10 of RA 8042 added to the exclusive jurisdiction of the
labor arbiters money claims of Overseas Filipino workers arising
from violations of their employment contract against foreign
LABOR employers through their local recruitment agency.
ARBITER
(RAB)
Section 7 (R.A. 10022). Section 10 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"SEC. 10. Money Claims. ‐ Notwithstanding any provision of law to
the contrary, the Labor Arbiters of the National Labor Relations
NLRC
Commission (NLRC) shall have the original and exclusive
(COMMISSION
LEVEL) jurisdiction to hear and decide, within ninety (90) calendar days
after the filing of the complaint, the claims arising out of an
employer‐employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of
damage. Consistent with this mandate, the NLRC shall endeavor to
update and keep abreast with the developments in the global
COURT OF
services industry…”
APPEALS
NOTE:
RAB‐Regional Arbitration Branches
SUPREME
COURT
196
Unresolved
Grievances, Voluntary Arbitration Machinery
other disputes The voluntary arbitration machinery has authority over unresolved grievances
by parties arising from the interpretation or implementation of collective bargaining
agreements
4 agreements and those arising from the interpretation or enforcement of
company personnel policies (Art. 261, P.D. 442 as amended).
Unresolved grievances involving distortion of wages (Art. 124, P.D. 442) and
the productivity and incentives program under Section 4 (b) R.A. 6971. Other
National Conciliation labor disputes, including those involving strikes may be referred to voluntary
and Mediation Board arbitration by agreement of the parties.
(NCMB)
ARTICLE 262. JURISDICTION OVER OTHER LABOR DISPUTES. The Voluntary
Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties,
shall hear and decide all other labor disputes including unfair labor practices
and bargaining deadlocks.
Art. 262 of the Labor Code provides that upon agreement of the parties, the
VOLUNTARY
Voluntary Arbitrator can hear and decide all other labor disputes, including
ARBITRATOR
termination disputes which ordinarily fall under the jurisdiction of the Labor
Arbiters under Art. 217 of the Labor Code. (Apalisok v. RPN, GR No. 138094,
May 29, 2003, J. Carpio‐Morales).
Article 217 (c) should be read in conjunction with Article 261 of the Labor
Code which grants to voluntary arbitrators original and exclusive jurisdiction
to hear and decide all unresolved grievances arising from the interpretation or
COURT OF
implementation of the collective bargaining agreement and those arising from
APPEALS the interpretation or enforcement of company personnel policies. It can thus
be deduced that only disputes involving the union and the company shall be
referred to the grievance machinery or voluntary arbitrators. (Maneja v.
NLRC, G.R. No. 124013 June 5, 1998).
SUPREME
In San Miguel Corp. v. NLRC, G.R. No. 108001, March 15, 1996, Termination
COURT
disputes do not necessarily involve enforcement or interpretation of
personnel policies because they are broad and long‐term statements. As a
rule, therefore termination disputes should be lodged with a Labor arbiter.
But the case may be brought to voluntary arbitration if the parties, by virtue of
Art. 262, state in unequivocal language that they agree to submit the
termination dispute to voluntary arbitration. Even a ULP case can, by
agreement of the parties, be brought before voluntary arbitration. (Azucena,
Everyone’s Labor Code, 2001)
A Voluntary Arbitrator is a quasi‐judicial instrumentality; hence, a petition for
certiorari under Rule 65 of the Rules of Court will lie where a grave abuse of
discretion or an act without or in excess of jurisdiction of the voluntary
arbitrator is shown. The petition may be filed with the Court of Appeals.
NCMB
The NCMB cannot adjudicate but the it can recommend to the parties that the
dispute be submitted to voluntary arbitration because the policy statement of
the law is voluntary means of dispute settlement
197
Notices of National Conciliation and Mediation Board
Strikes or (NCMB) involving notices of strike or lockout
Lockout, other arising from collective bargaining deadlocks or
dispute for allegations of unfair labor practices.
preventive
mediations
The NCMB is a dispute‐resolution arm under the
5
administrative supervision of the Secretary of
Labor and Employment. Its main task is to help
settle labor disputes to prevent actual work
stoppages (Azucena, Everyone’s Labor Code,
National Conciliation 2001).
and Mediation Board
After the receipt of Notice of strike/lockout, the
(NCMB) NCMB conciliator‐mediators call the parties to
conciliation conferences. They are not judges and
therefore they cannot render verdicts.
OR
They can also urge submission of the dispute to
preventive mediation or arbitration. Under either
proceedings a strike or lockout is withheld.
VOLUNTARY OFFICE OF THE
ARBITRATOR SECRETARY If there is no agreement, the Secretary of Labor
and Employment may intervene at any stage.
The Secretary of Labor and Employment may
Art. 263 (g) exercise his authority under Article 263 (g) of the
Certified Cases Labor Code to assume jurisdiction over the labor
dispute or to certify the same to the Commission
for compulsory arbitration when in his opinion,
COURT OF NLRC there exist a labor dispute causing or likely to
(COMMISSION cause a strike/lockout in an industry
APPEALS LEVEL) indispensable to national interest. (See Art.263
(g) of the Labor Code)
A notice of strike or lockout, upon agreement of
SUPREME parties, may be referred to alternative modes of
dispute resolution, including voluntary
COURT arbitration. (See Section 9, Rule XXII, DO 40‐03).
Not all notices of strikes or lockouts are assumed
/ certified by the Secretary of Labor and
Employment.
There are cases which are initially subject of
Notice of strike or lockout but are referred to
NLRC for compulsory arbitration, like for instance
ULP complaints.
Disputes initially subject of a notice of strike or
lockout may be brought under Art. 217 of the
Labor Code.
Note:
Under Art. 263 (g), disputes certified by the
Secretary of Labor and Employment under her
authority to assume jurisdiction are brought
directly to the NLRC (Commission‐Level).
198
LABOR
Article 128 (b): Enforcement of Labor Standards
STANDARDS
Laws
ART. 128 (b) LC
6 Art. 128 (b) of the Labor Code allows the Secretary
of Labor and employment, usually through an
authorized representative, to inspect places of
employment and, if necessary, issue compliance
REGIONAL orders and writs of execution to enforce “labor
OFFICE standards provisions” of the “labor laws”. Orders
issued under Art. 128 (b) by representatives of the
Secretary of Labor and Employment may be
appealed to the Secretary of Labor and Employment
himself. Decisions of the Secretary of Labor and
OFFICE OF THE Employment may then be brought before the CA and
SECRETARY thereafter, to the SC.
199
LABOR
Article 129 of the LC: Recovery of Wages, Simple Money
STANDARDS
ART. 129, LC claims and Benefits
7
The Regional Director’s authority under Art. 129 is subject
to four requisites namely:
1.The claim is presented by an employee or by person
REGIONAL employed in domestic or household service or a house
DIRECTOR helper.
2.The claim arises from ER‐EE relations.
3. The claimant does not seek reinstatement.
4.The aggregate money claim of each employee or house
helper does not exceed P5000.
BLR
If there is a claim for reinstatement or if the claimant’s
DIRECTOR
demand exceeds P5,000, the labor arbiter has jurisdiction
over the case pursuant to Art. 217 (6), except claims for
employees’ compensation, social security, Medicare, Phil
health and maternity benefits. Even as regards labor
arbiter, however, Er‐Ee relation is a pre‐requisite as basis
of the claim.
NLRC
(COMMISSION
A decision rendered under this article, being adjudicatory,
LEVEL)
is appealable to the NLRC. (AZUCENA)
Note:
Under Art. 129 of the LC, the Regional Director or a
hearing officer of the DOLE hear and decide disputes
involving the recovery of wages for as long the aggregate
claim does not exceed P5000 and reinstatement is not
COURT OF sought. Designed to expedite enforcement of “simple
APPEALS money claims”, hearings are summary in nature and
decisions may be appealed to the Commission –level of
the NLRC.
SUPREME
COURT
200
Inter‐Intra Inter‐Intra Union Disputes
Union
Disputes Generally, Intra‐Inter Union disputes are heard in
administrative proceedings by the regional offices or
8
the BLR, depending on the labor organization
concerned. DO No. 40‐03 provides that inter‐intra
union disputes are resolve by Med‐Arbiters in the
REGIONAL MED‐ regional offices with the exception of petitions for
DIRECTOR ARBITER cancellation of registration of labor organizations and
petitions for deregistration of CBA’s which are resolved
by the appropriate Regional Director or her appointed
hearing officer.
The decisions of the Med‐Arbiter and the Regional
OFFICE OF THE
Director may be appealed to the BLR. The decisions of
SECRETARY
the Bureau Director in the exercise of her original
jurisdiction may be appealed to the Office of the
Secretary.
Note:
The rules allow one motion for reconsideration and
COURT OF thereafter, the decision of the Bureau Director or the
APPEALS Secretary of Labor and Employment will be final and
executory, but this is without prejudice to a petition for
certiorari (Rule 65) with the CA. Decisions of the CA
may thereafter be brought to the SC by petition for
review on certiorari (Rule 45).
SUPREME
COURT
Section 5 (Rule XI, DO 40‐03)
Where to file:
Complaints or petitions involving:
1. Labor unions with independent registrations, chartered locals, worker’s associations, its officers or members
shall be filed with the Regional Office that issued its certificate of registration or certificate of creation of chartered
local.
2. Federations, national unions, industry unions, its officers or member organizations shall be filed with the
Bureau.
Petitions for cancellation of registration of labor unions with independent registrations, chartered locals, worker’s
associations and petitions for deregistration of collective bargaining agreements shall be resolved by the Regional
Director. He/she may appoint a Hearing Officer from the Labor Relations Division.
Other Inter‐Intra union and related labor relations disputes shall be heard and resolved by the Med‐Arbiter in the
Regional Office.
Complaints or petitions involving federations, national unions, industry unions, trade union centers and their
chartered local, affiliates or member organizations shall be filed with the Regional Office or the Bureau. The
complaint or petition shall be heard and resolved by the Bureau.
When two or more petitions involving the same parties and the same causes of action are filed, the same shall be
automatically consolidated.
201
Representation
Issues
9
MED‐
ARBITER
Settlement of Representation Issues Under Art. 256 of the Labor Code
BLR
DIRECTOR Representation Issues are heard and resolved by Med‐Arbiter of the
appropriate regional office. The decisions of the Med‐Arbiters may be
appealed to the Secretary of labor and employment (see Art. 259) whose
decisions in turn may be questioned before CA (Rule 65) and thereafter the
dispute may be brought by any party to the SC (Rule 45).
OFFICE OF THE
SECRETARY Note:
An instance which cannot be appealed is Section 17, Rule VIII of Dept. Order
No. 40‐03 (2003) on certification elections which provides that the order
granting the conduct of a certification election in an unorganized
establishments shall not be subject to appeal. Any issue arising therefrom
may be raised by means of protest on the conduct and results of the
COURT OF certification election.
APPEALS
SUPREME
COURT
202
Criminal Action for Illegal Recruitment
(Section 5, R.A. No. 10022)
RTC Prosecutor’s Office DOJ
If the Resolution of the Any Adverse decision of the
Prosecutor finding probable Filing of Complaint‐ Prosecutor may be appealed to the
cause for prosecution of illegal Affidavit with Secretary of Justice (DOJ).
recruitment is not elevated for Prosecutor’s Office (To
review with the Secretary of Conduct Preliminary
Justice, the Prosecutor will file
Investigation) CA
the information with the
Regional Trial Court for trial. Adverse decision of the Secretary of
Section 5 of R.A. No. 10022 Justice may be appealed to the CA
by petition for certiorari under Rule
Who can file an action for Illegal Recruitment? 65.
CA
Finding of conviction by the RTC In the filing of cases for illegal recruitment or
may be elevated to the CA by any of the prohibited acts under this section, the
Ordinary Appeal or by writ of Secretary of Labor and Employment, the POEA SC
error under Rule 41. Administrator or their duly authorized Decision of the CA may be appealed
representatives, or any aggrieved person may to the Supreme Court by petition
The case may also be initiate the corresponding criminal action with for review on certiorari under Rule
elevated to the CA by the appropriate office. 45.
petition for certiorari under
Rule 65 if proper grounds for
For this purpose, the affidavits and testimonies
it exists.
of operatives or personnel from the Department
of Labor and Employment, POEA and other law Section 9 of R.A. No. 8042
enforcement agencies who witnessed the acts
constituting the offense shall be sufficient to
VENUE:
SC A criminal action arising from
Finding of conviction by the RTC prosecute the accused.
illegal recruitment as defined
may be elevated to the SC by herein shall be filed with the
In the prosecution of offenses punishable under
petition for review on certiorari this section, the public prosecutors of the Regional Trial Court of:
under Rule 45. Department of Justice shall collaborate with the
anti‐illegal recruitment branch of the POEA and, 1.The province or city where the
The case may also be elevated in certain cases, allow the POEA lawyers to take offense was committed ;or
to the SC by petition for the lead in the prosecution. The POEA lawyers
who act as prosecutors in such cases shall be 2. Where the offended party
certiorari under Rule 65 if
proper grounds for it exists entitled to receive additional allowances as may actually resides at the same time
be determined by the POEA Administrator.
of the commission of the
offense.
The filing of an offense punishable under this
Act shall be without prejudice to the filing of
cases punishable under other existing laws, rules
Provided: The court where the
or regulations."
criminal action is first filed shall
acquire jurisdiction to the
exclusion of other courts.
Provided further, that the
aforestated provisions shall also
apply to those criminal actions
that have already been filed in
court at the time of the
effectivity of this Act.
203