PROCEDURE
Money claims arose from law or contracts other than a
1. FILING OF COMPLAINT in the Regional
Arbitration Branch
2. RAFFLE AND ASSIGNMENT OF CASES All
complaints shall be immediately raffled by the
Executive Labor Arbiter and assigned to a Labor
Arbiter from receipt thereof.
3. ISSUANCE OF SUMMONS: by the LA within
two (2) days from receipt of a complaint or
amended complaint. (Sec 3, Rule 5) SERVICE
OF SUMMONS be served personally upon the
parties by the bailiff within 3 days from receipt
4. MOTION TO DISMISS COMPLAINT When
to File: Before the date set for the mandatory
conciliation and mediation conference. (Sec 6,
Rule 5)
5. MANDATORY CONCILIATION AND
MEDIATION CONFERENCE The LA shall
personally preside over and take full control of
the proceedings and may be assisted by the LA
Associate. (Sec 8, Rule 5); Within 30 days
6. VERIFIED POSITION PAPER LA directs the
parties to submit simultaneously their verified
position papers within 10 calendar days from the
date of termination of the MCMC.
7. HEARING/CLARIFICATORY
CONFERENCE: LA shall, motu proprio,
determine whether there is a need for a hearing or
clarificatory conference. (Sec 13, Rule 5)
8. SUBMISSION OF THE CASE FOR
DECISION: 1|)Upon submission of the parties of
the PP; 2) Lapse of the period to submit the same;
3) Termination of the hearing/ CC;
9. PERIOD TO DECIDE CASE: LA shall render
his/her decision within thirty (30) calendar days,
w/o extension, after the submission of the case by
the parties for decision, even in the absence of
stenographic notes;
10. FINALITY OF THE DECISION: Becomes
final and executory after ten (10) calendar days
from receipt by the counselor or the parties: IF no
appeal is filed with the RAB of origin w/n 10
calendar days from receipt of decision.
11. APPEAL TO NLRC: Within 10 calendar days
from receipt of the decision/order; WHERE TO
FILE: RAB of origin; NLRC Decision is
unappeableremedy is Rule 65 of the RoC; One
MFR is allowed - filed within 10 calendar days
from receipt of the dismissal of the appeal.
12. PETITION FOR CERTIORARI IN THE
COURT OF APPEALS: (Rule 65) WHEN TO
FILE: Not later than sixty (60) days from notice
of the judgment, order or resolution. WHERE TO
FILE: CA GROUND: 1) Grave Abuse of
Discretion amounting to lack or excess of
jurisdiction; 2) Questions of facts or law.
13. APPEAL BY CERTIORARI IN THE
SUPREME COURT: (Rule 45) WHEN TO
FILE: within fifteen (15) days from notice of the
judgment or final order or resolution. WHERE
TO FILE: SC GROUND: Questions of law
LABOR ARBITER
Requisites of LA’s jurisdiction over Money Claims 1.
Money claims arose from ER-EE relations; Note: If not,
regular courts have jurisdiction
2.
CBA. Note: If not, Voluntary Arbitrator has jurisdiction
LABOR ARBITER v. REGIONAL DIRECTOR
LA a. The claim, regardless of amount, is accompanied
with a claim of reinstatement; or b. The claim exceeds
P5,000, whether or not there is a claim for reinstatement.
RD a. Money claim arose out of employer employee
relationships; b. Money claim is NOT accompanied by a
claim for reinstatement; AND c. Money claim does not
exceed P5,000, whether or not claim arose from ER-EE
relationships
PROCEDURE BEFORE LABOR ARBITER
Workplace – place or locality where the employee is
regularly assigned at the time the cause of action arose.
In the case of field employees, ambulant or itinerant
workers, their workplace is (a) where they are regularly
assigned or (b) where they are supposed to regularly
receive their salaries and wages or work instructions from
and report the results of their assignment to their
employers.
Period of Appeal Labor Arbiter to NLRC: Decisions,
awards, or orders of the [LA] shall be final and executory
unless appealed to the [NLRC] by any or both parties
within 10 calendar days from receipt.
Grounds of Appeal [Art. 229] a. If there is prima facie
evidence of abuse of discretion on the part of the Labor
Arbiter or Regional Director; b. If the decision, resolution
or order was secured through fraud or coercion, including
graft and corruption; c. If made purely on questions of
law; and/or d. If serious errors in the findings of fact are
raised which, if not corrected, would cause grave or
irreparable injury to the appellant.
When Appeal is Perfected Judgment involving a
monetary award An appeal by the employer may be
perfected only upon the posting of a cash or surety bond.
Reinstatement and/or execution pending appeal
In any event, the decision of the Labor Arbiter
reinstating a dismissed or separated employee, insofar
as the reinstatement aspect is concerned, shall
immediately be executory, even pending appeal. The
employee shall either be: a. Admitted back to work under
the same terms and conditions prevailing prior to his
dismissal or separation; or b. Merely reinstated in the
payroll, at the option of the employer.
Reversal of the order of reinstatement of the Labor
Arbiter
1. Reinstate, and
2. Pay the wages of the dismissed employee
NLRC
Exclusive Appellate Jurisdiction: over all cases decided
by Labor Arbiters [Art. 224(b)] and the DOLE Regional
Directors under Art. 129.
Remedies
Appeal: Appeal from decisions of the NLRC after denial
of Motion for Reconsideration appealed via Rule 65 to
CA then Rule 45 to the SC. [St. Martin’s Funeral Homes
v. NLRC, 295 SCRA 494 (1998)]
Requisites for Perfection of Appeal to the Court of
Appeals
EXTRAORDINARY REMEDY Verified Petition: A
party aggrieved by any order or resolution of the Labor
Arbiter, including a writ of execution and others issued
during execution proceedings, may file a verified petition
to annul or modify the same. The petition may be
accompanied by an application for the issuance of a
temporary restraining order and/or writ of preliminary or
permanent injunction: a. To enjoin the Labor Arbiter, or
any person acting under his/her authority b. To desist
from enforcing said resolution, order or writ. [Rule XII,
Sec. 1, 2011 NLRC Rules of Procedure, as amended by
En Banc Resolution No. 07-14]
Power of the Secretary of Labor to Certify Cases
When, in his opinion, there exists a labor dispute causing
or likely to cause a strike or lockout in an industry
indispensable to the national interest, the Secretary of
Labor and Employment may: 1. Assume jurisdiction over
the dispute; and 2. Decide it or certify the same to the
Commission for compulsory arbitration.
Effects of Certification
1. Upon certification, the intended or impending
strike or lockout is automatically enjoined;
Effects of Defiance Non-compliance with the
certification order of the SOLE shall: 1. Be considered
as an illegal act committed in the course of the strike or
lockout; and 2. Authorize the Commission to enforce the
same under pain of immediate disciplinary action,
including: a. Dismissal or loss of employment status; or
b. Payment by the locking-out employer of backwages,
damages; and/or c. Other affirmative relief, even criminal
prosecution against the liable parties
Strict Compliance of Assumption and Certification
Orders. The Secretary's assumption and certification
orders being executory in character are to be strictly
complied with by the parties even during the pendency of
a petition questioning their validity. The extraordinary
authority given by law to the Secretary of Labor is "aimed
at arriving at a peaceful and speedy solution to labor
disputes, without jeopardizing national interests." [Union
of Filipino Employees v. NLRC, G.R. No. 91025 (1990)]
Procedure in certified cases a. When there is no need to
conduct a clarificatory hearing, denieal of MR
Where a clarificatory hearing is needed, the Commission
shall, issue a notice to be served on the parties through the
fastest means available, requiring them to appear and
submit additional evidence, if any.
Execution of Judgment Upon issuance of the entry of
judgment, the Commission motu proprio or upon motion
by the proper party, may cause the execution of the
judgment in the certified case. [Sec. 6, Rule VIII, 2011
NLRC Rules and Procedures]
CA
Appeal via Rule 65, Rules of Court Petition for
certiorari
1. When such tribunal, board or officer has acted: a.
Without or in excess its or his jurisdiction, or b. With
grave abuse of discretion amounting to lack or excess of
jurisdiction; AND 2. When there is no appeal, or any
plain, speedy, and adequate remedy in the ordinary course
of law.
Petition for prohibition/ to desist from further
proceedings
Petition for mandamus to do the act required to be
done to protect the rights of the petitioner, and to pay
the damages sustained by the petitioner by reason of
the wrongful acts of the respondent
SC
Rule 45, Rules of Court Filing of petition with Supreme
Court A party desiring to appeal by certiorari from a
judgment or final order or resolution of the Court of
Appeals, the Sandiganbayan, the Regional Trial Court or
other courts whenever authorized by law, may file with
the Supreme Court a verified petition for review on
certiorari. The petition shall raise only questions of law
which must be distinctly set forth.
BLR
Jurisdiction The Bureau of Labor Relations and the
Labor Relations Divisions in the regional offices of the
Department of Labor and Employment shall have original
and exclusive authority: a. To act – 1. At their own
initiative, or 2. Upon request of either or both parties, b.
On all inter-union and intra-union conflicts, and c. All
disputes, grievances or problems arising from or affecting
labor-management relations in all workplaces – 1.
Whether agricultural or non-agricultural 2. Except those
arising from the implementation or interpretation of
collective bargaining agreements which shall be the
subject of grievance procedure and/or voluntary
arbitration. [Art. 232] The Bureau shall have fifteen (15)
calendar days to act on labor cases before it, subject to
extension by agreement of the parties.
Original Jurisdiction a. Inter-union and intra-union
disputes and other related labor relations disputes. b. All
disputes, grievances or problems arising from or affecting
labor-management relations in all workplaces whether
agricultural or non-agricultural, except those arising from
the implementation or interpretation of collective
bargaining agreements which shall be the subject of
grievance procedure and/or voluntary arbitration.
Inter-Union Dispute: one which occurred between or
among legitimate labor unions involving representation
questions for purposes of collective bargaining or to any
other conflict or dispute between legitimate labor unions
[IRR Book V, IRR Rule 1, Sec. 1 (x)] Intra-Union
Dispute: conflict within and inside a union between and
among union members including grievances from any
violation of rights and conditions of membership or
provisions from the union’s constitution and bylaws and
chartering of unions [D.O. No. 40-03, Rule I, Sec. 1 (bb)]
Appellate Jurisdiction The BLR Director exercises
exclusive appellate jurisdiction over: 1. All decisions of
the Med-Arbiter in: a. Inter/Intra-union disputes (Note:
Complaints involving Federations, National Unions, etc.
pursuant to Rule XI Sec. 4, formerly Sec. 5, as amended
by D.O. 40-F-03). b. Other related labor relations
disputes. 2. All decisions from the DOLE Regional
Director in the cases falling under their original
jurisdiction as enumerated. [Sec. 14, Rule XI, Book V,
IRR] Decisions of the BLR through its appellate
jurisdiction are final and executory 10 days after receipts
by the parties.
Appeals Decisions of the BLR through its original
jurisdiction are appealable to the Secretary of Labor
and Employment. [Sec. 15, Rule XI, Book V, IRR].
Decisions of the BLR in its appellate jurisdiction are final
and executory, unless appealed to the CA via Rule 65
and later to the SC via Rule 45. [Abbot Laboratories
Philippines, Inc. v. Abbot Laboratories Employees Union,
323 SCRA 392 (2000)]

NATIONAL CONCILIATION AND MEDIATION

BOARD

All issues arising from labor and employment shall be

subject to mandatory conciliation mediation.
Exception: As provided in Title VII-A, Book V of this
Code, as amended, or as may be excepted by the
Secretary of Labor and Employment

SENA The Single-Entry Approach (SENA) is a

prescribed 30-day Mandatory Conciliation Mediation
Services to be made operational through the Single Entry
Approach Desk (SEAD) for all labor and employment
cases except: 1. cases on notices of strikes or lock-outs,
or on preventive mediation cases (NCMB) 2.
interpretation and implementation of CBA (Grievance
Machinery) [D.O. No. 107-10]

Pre-Termination of Conciliation-Mediation: Any or

both parties in the dispute may preterminate the
proceedings and request referral or endorsement to the
appropriate DOLE agency or office with jurisdiction or to
the voluntary arbiter if both parties agreed.

Privileged Communication not Available as Evidence:

Any statement made in conciliation proceedings shall be
treated as privileged communication, and shall not be
used as evidence in the NLRC. Conciliators may not
testify in any court or body regarding any matter during
the conciliation proceedings. [D.O. No. 40-03, Rule XXII,
Sec. 2]

Preventive mediation

Preventive Mediation Cases - refer to the potential labor

disputes which are the subject of a formal or informal
request for conciliation and mediation assistance – a.
Sought by either or both parties, or b. Upon the initiative
of the NCMB to avoid the occurrence of actual labor
disputes.

Purpose of Preventive Mediation — to remedy, contain

or prevent potential labor disputes’ degeneration into a
full-blown dispute through amicable settlement. It can be
initiated by: a. Filing a notice or request of preventive
mediation; or b. Conversion of the notice of strike/lockout
into at preventive mediation case.