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Labor Standards Finals 402

I. THE NLRC RULES OF PROCEDURE PUBLISHED ON JULY 22, 2011 6. If A is a complainant who sued USC amounting to P10,000, where is
venue of my complaint?
A. Mandaue
1. Who promulgates the NLRC Rules of Procedure?
B. Cebu City
a. Office of the President
b. DOLE
7. Is there a Regional Arbitration Branch in Cebu City?
c. NLRC [pursuant to its rule-making power]
A- Yes. That is the venue of A’s complaint: RAB of NLRC because A is
d. NWPC
working in USC located in Cebu City.
2. If A has been underpaid or not paid with his earned rest day pay, service
8. If I’m an OFW, where is the venue of my complaint?
incentives, that translates to a money claim. A may file a complaint against his
A- Venue is the place where complainant resides or the place of principal
employer to recover money claims under what order?
office of respondent is located, at the option of the complainant.
a. WO #11
b. WO#12
9. If you are working in Syria and you are not paid there, where is the
c. WO#15 [Recently, the RTWPB came up with a new Wage Order # 16, adding
venue?
P20.00. The daily minimum wages is P 305.00, which took effect 15 days
A- The venue of my complaint is the RAB of NLRC where you resides.
after publication]
d. WO#16
10. Is there RAB in Syria?
A- No
3. If the complaint involves P10,000, LA has jurisdiction under what article of the
11. Is jurisdiction same as venue?
labor code?
A- No. Jurisdiction is defined by law while venue is defined by NLRC
A- Under Art 217 (e) of the Labor Code Letter
rules of procedure.
4. What is venue of the claim?
12. Can jurisdiction be subject to agreement by the parties?
A- Regional Arbitration Branch which has jurisdiction over the workplace of the
A- No. Only Venue can be subject to an agreement.
complainant.
13. So you file a complaint on the RAB, does the complaint require
5. When you speak of workplace, does the NLRC Rules of Procedure define
payment of docket fee?
workplace?
A- No. Art 277 of LC (d) No docket fee shall be assessed in labor
A- Yes
standards disputes.

14. What is the purpose of summons?

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Labor Standards Finals 402
A- To acquire jurisdiction of the complaint.
15. Is there a need to serve summons to the complainant?
A- No need to serve summons to the complainant, it is for the respondents.
16. In money claim, the parties are the complainant and respondent. Who is the
respondent?
A- The employer is the respondent.
17. Who are the real parties in interest in cases involving money claims?
A- They are the worker and employer
18. How many Mandatory Conciliation and Mediation Conference is needed?
A- 2
19. Who schedules the MCMC?
A- The Labor Arbiter
20. Are parties expected to attend MCMC?
A- Yes.
21. Why?
A- 1. For the purpose of amicable settlement
2. Determining the real parties in interest
3. Determining the necessity of amending the complaint and including all causes
of actions
4. Defining and simplifying the issues in the case
5. Entering into admission or stipulations of facts
6. Threshing out all other preliminary matters.
22. Who shall preside the MCMC?
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A- The Labor Arbiter personally presides. This is an amendment. Under
the Old rule, he can delegate but now he cannot.
23. If complainant does not appear during the MCMC, what happens to
the complaint?
A- It is a ground to dismiss but he has a remedy to file a motion to
revive/reinstate within 10 days dismissal of the case.
24. What is the remedy if you failed to file motion to revive/reinstate the
dismissed case within 10 days?
A- If you failed within 10 days, remedy is motion to file similar complaint.
From the order of the dismissal, you can re file the complaint as long
us it is not yet barred by prescription.
25. What is the prescription period for money claims?
A-3 years
26. If respondent employer fails to appear in MCMC, what happen?
A- The Labor Arbiter will issue order of waiver to file position paper.
27. Who will be allowed to file position papers?
A- The complainant only.
28. What is the remedy of the respondent from the order to waiver?
A- File a motion under oath to set aside the order of waiver upon proper
showing that there is justifiable or meritorious ground.
29. What law authorizes settlement of money claims?
A- Art 2028 of the NCC.
30. Is compromise needs to be in writing?
A- Yes
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Labor Standards Finals 402

41. Can the LA decide based on the position paper?

31. Does the compromise require the approval of the LA to be valid? A- Yes.
A- Yes. It becomes a judgment based on compromise, which is final and executory.
42. Can the LA conduct clarificatory conference?
32. Can the complaint be amended before the filing of position paper? A- Yes. LA can conduct clarificatory conferece.
A- Complaint can be amended, as a matter or right. There’s no need of LA’s
approval. 43. If one of the parties does not appear, can the LA proceed the
hearing?
33. After filing the position paper, do you need to get the approval? A- Yes. The LA can proceed Ex-Parte.
A- Yes. It requires the approval to submit amendment.
44. If complainant prevails and was awarded money claims, can the
34. If you forgot to write the name/wrong name, can you amend? employer file an appeal?
A- Yes. As a matter of right. A- Yes. Employer can file an appeal to the NLRC within 10 days from
receipt of the decision or order.
35. After how many days?
A- 10 calendar days after MCMC. 45. What are the requirements?
A- 1. Reglementary period counted from service to the party
36. Will the 10 calendar days include holiday, Friday, Saturday and Sunday? 2. Motion to appeal
A- Yes. 3. Appeal fee of P500.00

37. Are you required to furnish the respondent of the amended complaint? 46. What are the grounds to appeal?
A- Yes. 1. Abuse of discretion
2. Decision , award or order was secured through fraud or coercion,
38. When will you file a reply after the submission of the position paper? including graft and corruption.
A- After 10 days. 3. Decision, award or order made purely on questions of law
4. Serious errors in the findings of facts are raised which, if not
corrected, would cause grave or irreparable damage or injury to the
39. Is the position paper required to be under oath?
appellant. (Sec. 2 Rule VI NLRC Rules)
A- Yes. It needs to be underoath.

40. Is it required to contain a certification of non forum shopping? 47. Aside from the mentioned requisites, what other requisite can you
A- No. Certification of non forum shopping is not required in the position paper. mention when the decision involves a monetarial award?
A- Bond.

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48. What kind of bond?
A- The bond can be in the form of cash deposit or surety bond.
49. What is surety bond?
A- A bond in which a surety agrees to assume responsibility for the performance of
an obligation of another in the event of a default.
50. Can the employer post a bail bond?
A- No.
51. Why?
A- The purpose of posting a bail bond is to give a person who is criminally charged
temporary liberty to ensure that he will appear in court during the criminal
proceeding.
52. What is the purpose of posting a bond then during the appeal?
A- So that if the complainant employee will prevail and the employer will refuse to
pay the employee by the order the bond will be used to satisfy the judgment
award.
58. Where are the eight (8) divisions are located?
A- 6 divisions are in Luzon, 1 in Visayas (Cebu) and 1 in Mindanao.
Territorial Jurisdiction of NLRC.
59. Who appoints the Labor Arbiter?
A- The LA is appointed by the President upon the recommendation of the
NLRC en banc.
60. If appeal in the NLRC is dismissed, what is the remedy of the party
who appealed?
A- The remedy is file a Motion for Reconsideration within 10 days from
receipt of the order or resolution.
61. Does Motion for Reconsideration need be under oath?
A- No. the rules does not require. This is a new amendment.
62. If you file the Motion for Reconsideration , does NLRC decision
become final and executory?
A-No. So that decision cannot be executed or enforce.

53. Where can we apply for surety bond? 63. Is the decision become final and executory if not filed within 10
A- From reputable bonding company and financing or insurance institutions days?
providing bonding services such as Malayan, FEU, Visayan Insurance Company. A-Yes.

54. Does the rule require that memorandum of appeal be under oath? 64. What is the ground for Motion for Reconsideration?
A-Yes. A-Palpable or patent error.

55. Does it require certification of non-forum shopping? 65. After 10 calendar days of the denial of the Motion for
A-No. it does not require certification of non-forum shopping, unlike the old rule. Reconsideration, will it become final and executory?
A-Yes.
56. What is the function of NLRC?
A- NLRC in division, quasi judicial function. NLRC en banc, administrative function. 66. Is there appeal from the Motion for Reconsideration of the NLRC?
A-No.
57. Is NLRC under DOLE?
A- No. NLRC is attached to DOLE solely for coordination and program under Art. 67. What is the remedy?
213 of the Labor Code but not supposed to be having supervision over the other. A- The remedy is to file special civil action/petition for certiorari under
Rule 65 of the Rules of court.
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Labor Standards Finals 402