Mga Pangutana sa imong Papa 1

Labor Standards Finals 402

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

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 Mga Pangutana sa imong Papa
Labor Standards Finals 402
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?
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.
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29. What law authorizes settlement of money
claims?
A- Art 2028 of the NCC.
30. Is compromise needs to be in writing?
A- Yes
31. Does the compromise require the approval
of the LA to be valid?
A- Yes. It becomes a judgment based on
compromise, which is final and executory.
32. Can the complaint be amended before the
filing of position paper?
A- Complaint can be amended, as a matter
or right. There’s no need of LA’s approval.
33. After filing the position paper, do you need
to get the approval?
A- Yes. It requires the approval to submit
amendment.
34. If you forgot to write the name/wrong
name, can you amend?
A- Yes. As a matter of right.
35. After how many days?
A- 10 calendar days after MCMC.
36. Will the 10 calendar days include holiday,
Friday, Saturday and Sunday?
A- Yes.
37. Are you required to furnish the respondent
of the amended complaint?
A- Yes.
38. When will you file a reply after the
submission of the position paper?
A- After 10 days.
39. Is the position paper required to be under
oath?
A- Yes. It needs to be underoath.
40. Is it required to contain a certification of
non forum shopping?
A- No. Certification of non forum shopping is
not required in the position paper.
41. Can the LA decide based on the position
paper?
A- Yes.
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Labor Standards Finals 402
42. Can the LA conduct clarificatory
conference?
A- Yes. LA can conduct clarificatory
conferece.
43. If one of the parties does not appear, can
the LA proceed the hearing?
A- Yes. The LA can proceed Ex-Parte.
44. If complainant prevails and was awarded
money claims, can the employer file an
appeal?
A- Yes. Employer can file an appeal to the
NLRC within 10 days from receipt of the
decision or order.
45. What are the requirements?
A- 1. Reglementary period counted from
service to the party
2. Motion to appeal
3. Appeal fee of P500.00
46. What are the grounds to appeal?
1. Abuse of discretion
2. Decision , award or order was secured
through fraud or coercion, including graft
and corruption.
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 appellant. (Sec. 2 Rule VI
NLRC Rules)
47. Aside from the mentioned requisites, what
other requisite can you mention when the
decision involves a monetarial award?
A- Bond.
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
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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.
53. Where can we apply for surety bond?
A- From reputable bonding company and
financing or insurance institutions
providing bonding services such as
Malayan, FEU, Visayan Insurance
Company.
54. Does the rule require that memorandum of
appeal be under oath?
A-Yes.
55. Does it require certification of non-forum
shopping?
A-No. it does not require certification of non-
forum shopping, unlike the old rule.
56. What is the function of NLRC?
A- NLRC in division, quasi judicial function.
NLRC en banc, administrative function.
57. Is NLRC under DOLE?
A- No. NLRC is attached to DOLE solely for
coordination and program under Art. 213
of the Labor Code but not supposed to be
having supervision over the other.
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?
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Labor Standards Finals 402

A-No. So that decision cannot be executed or

enforce.

63. Is the decision become final and executory

if not filed within 10 days?
A-Yes.

64. What is the ground for Motion for

Reconsideration?
A-Palpable or patent error.

65. After 10 calendar days of the denial of the

Motion for Reconsideration, will it become
final and executory?
A-Yes.

66. Is there appeal from the Motion for

Reconsideration of the NLRC?
A-No.

67. What is the remedy?

A- The remedy is to file special civil
action/petition for certiorari under Rule 65
of the Rules of court.