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THE 2005 REVISED RULES OF PROCEDURE OF any of its Regional Arbitration Branches, the party

THE NATIONAL LABOR RELATIONS COMMISSION initiating the action shall be called the
Pursuant to the provisions of Article 218 of Presidential The 2005 Revised Rules of Procedure of the
Decree No. 442, as amended, NLRC Page 1 of 21
otherwise known as the Labor Code of the Philippines, "Complainant" or "Petitioner", and the opposing party
the following Revised Rules of the "Respondent".
Procedure governing arbitration proceedings before the The full names of all the real parties in interest, whether
Labor Arbiters and the Commission natural or juridical persons or
are hereby adopted and promulgated: entities authorized by law, shall be stated in the caption
RULE I of the complaint or petition, as well as
TITLE AND CONSTRUCTION in the decisions, resolutions or orders of the Labor
SECTION 1. TITLE OF THE RULES. - These Rules shall Arbiter or the Commission.
be known as the “2005 SECTION 3. ISSUANCE OF SUMMONS. - Within two
Revised Rules of Procedure of the National Labor (2) days from receipt of a
Relations Commission”. complaint or amended complaint, the Labor Arbiter
SECTION 2. CONSTRUCTION. - These Rules shall be shall issue the required summons,
liberally construed to carry out attaching thereto a copy of the complaint or amended
the objectives of the Constitution, the Labor Code of the complaint. The summons shall specify
Philippines and other relevant the date, time and place of the mandatory conciliation
legislations, and to assist the parties in obtaining just, and mediation conference in two (2)
expeditious and inexpensive resolution settings.
and settlement of labor disputes. SECTION 4. PROHIBITED PLEADINGS AND
SECTION 3. SUPPLETORY APPLICATION OF THE MOTIONS. - The following pleadings
RULES OF COURT. - In the and motions shall not be allowed and acted upon nor
absence of any applicable provision in these Rules, and elevated to the Commission in all cases
in order to effectuate the objectives covered by these Rules:
of the Labor Code, the pertinent provisions of the Rules a) Motion to dismiss the complaint except on the ground
of Court of the Philippines may, in of lack of jurisdiction over the
the interest of expeditious dispensation of labor justice subject matter, improper venue, res adjudicata,
and whenever practicable and prescription and forum shopping;
convenient, be applied by analogy or in a suppletory b) Motion for a bill of particulars;
character and effect. c) Motion for new trial;
RULE II d) Petition for relief from judgment when filed with the
DEFINITION OF TERMS Labor Arbiter;
SECTION 1. DEFINITIONS. - The terms and phrases e) Petition for certiorari, mandamus or prohibition;
defined in Article 212 of the f) Motion to declare respondent in default;
Labor Code, as amended, shall be given the same g) Motion for reconsideration or appeal from any
meanings when used herein. interlocutory order of the Labor
As used herein, "Regional Arbitration Branch" shall Arbiter.
mean any of the regional arbitration SECTION 5. FILING AND SERVICE OF PLEADINGS. -
branches or sub-regional branches of the Commission. All pleadings in connection
RULE III with the case shall be filed with the appropriate
PLEADINGS, NOTICES AND APPEARANCES docketing unit of the Regional Arbitration
SECTION 1. COMPLAINT. - a) A complaint or petition is Branch or the Commission, as the case maybe.
a pleading alleging the cause The party filing the pleadings shall serve the opposing
or causes of action of the complainant or petitioner. The parties with a copy thereof and
names and addresses of all its supporting documents in the manner provided for in
complainants or petitioners and respondents must be these Rules with proof of service
stated in the complaint or petition. It thereof.
shall be signed under oath by the complainant or SECTION 6. SERVICE OF NOTICES AND
petitioner, with a declaration of non-forum RESOLUTIONS. - a) Notices or summons
shopping. and copies of orders, shall be served on the parties to the
b) A party having more than one cause of action against case personally by the Bailiff or
the other party, arising out of duly authorized public officer within three (3) days from
the same relationship, shall include all of them in one receipt thereof or by registered mail;
complaint or petition. Provided that in special circumstances, service of
c) No amendment of the complaint or petition shall be summons may be effected in accordance
allowed after the filing of position with the pertinent provisions of the Rules of Court;
papers, unless with leave of the Labor Arbiter or the Provided further, that in cases of decisions
Commission. and final awards, copies thereof shall be served on both
SECTION 2. CAPTION AND TITLE. - In all cases filed parties and their counsel or
with the Commission or with representative by registered mail; Provided further that
in cases where a party to a case or his

the service officer shall state establishment which is a party to the reason therefor in the return. the complete name motions his Attorney’s Roll Number. stating that he is authorized RULE IV VENUE. If no service was (5) he is the owner or president of a corporation or effected. (2) he represents a legitimate labor organization.counsel on record personally seeks service of the to represent the said organization in the said case. as well as his PTR and office address of both parties shall be made on and IBP numbers for the current year. and (ii) a copy of the registered mail is complete upon receipt resolution of the board of directors of said corporation. labor organizations. that he presents: (i) a verified certification receipt of such decisions. APPEARANCES. that where organization granting him such parties are so numerous. attesting that he is resolutions. as amended. . which is a party to f) Any change or withdrawal of counsel or representative the case: Provided. a verified certification issued by the secretary and resolution or decision shall submit his attested to by the president of return within two (2) days from date of service thereof. service shall be made on authority. as amended. properly authorized for that purpose. as may be practicable. and (ii) represents a of persons served and the date of party to the case. that shall be made in accordance he presents: (i) a certification from the Bureau of Labor with the Rules of Court. that he (i) the Bailiff or officer shall write in the return. the case: Provided. In shall indicate in his pleadings and both cases. in the roster of legitimate without a special power of attorney or express consent.The return is prima authorized to represent said corporation or facie proof of the facts indicated therein. he is representing are the names of the persons served and the date of receipt. The 2005 Revised Rules of Procedure of the (4) he is a duly-accredited member of any legal aid office NLRC Page 2 of 21 recognized by the attached and shall form part of the records of the case. . but if the addressee fails to or other similar resolution claim his mail from the post office or instrument issued by said establishment. granting within five (5) days from the date of first notice of the him such authority. proceedings before the Labor e) Any change in the address of counsel or representative Arbiter or Commission only under the following should be filed with the conditions: records of the case and furnished the adverse party or (1) he represents himself as party to the case. Service by establishment. counsel and upon such number of (3) he represents a member or members of a legitimate complainants. as The 2005 Revised Rules of Procedure of the defined under Article 212 and NLRC Page 3 of 21 242 of the Labor Code. postmaster. Philippines: Provided. mailing of the resolution or decision. he d) Appearances may be made orally or in writing. ASSIGNMENT AND DISPOSITION OF CASES . service to (iii) a copy of the said party shall be deemed effected upon actual receipt resolution of the board of directors of the said thereof. . order. parties to the case: For purposes of appeal. that he presents: (i) a verified SECTION 7. record and the adverse party or his b) A non-lawyer may appear as counsel in any of the counsel or representative properly notified. or orders by the counsel or representative of authorized by such member or members to represent record. Provided finally. the period shall be counted from Provided. AUTHORITY TO BIND PARTY. but they cannot. In Department of Justice or Integrated Bar of the case of service by registered mail. counsel. by the addressee or his agent. (ii) a verified certification issued by enter into a compromise agreement the secretary and with the opposing party in full or partial discharge of a attested to by the president of the said organization client's claim. them in the case. PROOF AND COMPLETENESS OF certification attesting that he is SERVICE. who are Article 224 (a) of the Labor Code.Attorneys Regional Office of the Department of Labor and and other representatives of Employment attesting that the parties shall have authority to bind their clients in all organization he represents is duly registered and listed matters of procedure. and decision upon inquiry thereon. Relations (BLR) or SECTION 9. and (ii) b) The Bailiff or officer serving the notice. service shall take effect c) A non-lawyer who appears in contravention of this after such time. the said organization stating that the person or persons stating legibly in his return his name. In every case. members of their organization which is existing in the which return shall be immediately employer’s establishment. Section shall not be recognized in SECTION 8. which shall be labor organization that is considered substantial compliance with existing within the employer’s establishment.a) A lawyer appearing for any proceedings before the Labor Arbiter or the a party is presumed to be Commission. the names presents proof of his accreditation.

the entire case and from. . from receipt thereof. understood as the place or locality The 2005 Revised Rules of Procedure of the where the employee is regularly assigned at the time the NLRC Page 4 of 21 cause of action arose. involving an amount exceeding Five Thousand Pesos .Subject to the their workplace is where they are regularly assigned. Regional Arbitration Branch. c) All pleadings and motions subsequent to the filing of e) Cases arising from any violation of Article 264 of the the complaint shall be Labor Code. as ambulant or itinerant workers. Arbitration Branch shall be immediately b) Termination disputes. as amended. rates of pay. the Branch When the Secretary of Labor and Employment has that first acquired jurisdiction over the assumed jurisdiction over a strike case shall exclude the others. their employers. when a case is assigned to a receive their salaries and wages or work instructions Labor Arbiter. . forwarded to the Labor Arbiter before whom the case is including questions involving the legality of strikes and pending within twenty-four (24) hours lockouts. and the same shall be b) Where two (2) or more Regional Arbitration Branches disposed of in the same proceedings to avoid multiplicity have jurisdiction over the of suits or proceedings. all other claims arising different Labor Arbiters in the same Regional from employer-employee relations. JURISDICTION OF LABOR ARBITERS. a) All complaints and whether agricultural or non-agricultural: petitions filed with the docket unit of the Regional a) Unfair labor practice cases. RAFFLE AND ASSIGNMENT OF CASES. or lockout or certified the same to the Commission. SECTION 4. and the Arbitration Branch other than where the complaint was Labor Arbiters handling the same of such assumption or filed by written agreement of the certification. as be deemed waived. to him. VENUE. the workplace shall be whom the first case was assigned. including those of Arbitration Branch involving the same employer and persons in domestic or common principal causes of action. workplace of the complainant or petitioner. moral. cases that workers may file b) The Executive Labor Arbiter shall be responsible for involving wages. the same shall include the place where the employee is supposed to be resolved by the Executive report back after a temporary detail. The Labor Arbiter parties or when the Commission or Labor Arbiter before concerned shall forward within two (2) days from notice whom the case is pending so orders. employer-employee relations. original and exclusive jurisdiction to hear and decide the SECTION 2. . or travel. complaints shall be disposed of by the Labor Arbiter to For purposes of venue. for proper disposition. - the principal office of any of the respondents is situated. DISPOSITION OF CASES. It shall In case of objection to the consolidation. before the Regional RULE V Arbitration Branch having jurisdiction over the place PROCEEDINGS BEFORE LABOR ARBITERS where the complainant resides or where SECTION 1. and the d) Claims for actual. Labor Arbiter. the have authority to hear and subsequent cases or complaints shall be decide may be filed in the Regional Arbitration Branch consolidated with the first to avoid unnecessary costs or having jurisdiction over the workplace delay. as the case may e) Cases involving overseas Filipino workers may be filed be. or provisions of Article 263 (g) of where they are supposed to regularly the Labor Code. of all cases directly d) The venue of an action may be changed or transferred related to the dispute between them pending before any to a different Regional Regional Arbitration Branch. raffled and assigned to a Labor Arbiter from receipt c) If accompanied with a claim for reinstatement. the case may be.SECTION 1. exemplary and other forms immediate forwarding of all subsequent pleadings and of damages arising from motions. Such consolidated cases or of the complainant or petitioner. the c) When venue is not objected to before the filling of parties to such dispute shall position papers such issue shall immediately inform the Secretary or the Commission. . social security. those thereof. as well to consolidation shall be inappealable. or household service. and maternity two or more cases or complaints pending before benefits. following cases involving all workers. In case of field employees. as amended.Where there are paragraph. f) Except claims for employees compensation not SECTION 3. Labor Arbiters shall have at the option of the complainant. the entire records of the case to the upon motion by the proper party in meritorious cases. hours of work and other the immediate raffle and terms and conditions of assignment of all complaints and petitions filed with his employment. Commission or to the Secretary of Labor. medicare. CONSOLIDATION OF CASES AND included in the next succeeding COMPLAINTS. and report the results of their any or all incidents thereto shall be considered assigned assignment to.a) All cases which Labor Arbiters the same parties with different causes of action. An order resolving a motion or objection assignment.

be terminated within thirty (30) calendar days non-compliance by any of from the date of the first conference. .00). SECTION 4.a) the second conference shall proceed as scheduled in the The mandatory conciliation and mediation conference summons. prescription. In case of non-appearance by the respondent during the SECTION 3. morals. during the NLRC Page 5 of 21 mandatory conciliation and mediation conference. Subject to the minutes of the proceedings. and except on meritorious grounds. shall be immediately approved by the Labor Arbiter. the SECTION 5. Arbiter shall immediately terminate the mandatory (3) determining the necessity of amending the complaint conciliation and mediation conference. if resolved by the Labor Arbiter through a written order. EFFECT OF FAILURE OF CONCILIATION Cases arising from the interpretation or implementation AND MEDIATION. particularly to the An order denying the motion to dismiss. Thereafter. after explaining to the parties. the agreements and those arising from the interpretation or Labor Arbiter shall terminate the enforcement of company personnel conciliation and mediation stage and proceed to pursue policies shall be disposed of by the Labor Arbiter by the other purposes of the said referring the same to the grievance conference as enumerated in the immediately preceding machinery and voluntary arbitration. MANDATORY CONCILIATION AND first scheduled conference. . despite due facts of the controversy speedily. and that it is for reinstatement. 6727. (2) duly served with summons. j) Other cases as may be provided by law. MEDIATION CONFERENCE. action is barred by prior judgment. Arbiter shall direct the parties to simultaneously file SECTION 2. NON-APPEARANCE OF PARTIES. that the same was . MOTION TO DISMISS. except for justifiable i) Enforcement of compromise agreements when there is grounds. . . Any writing and signed by the parties and motion to dismiss on the ground of lack of jurisdiction. the terms. conditions and or suspending its resolution until the final determination consequences thereof. requirements of due process. if improper venue. including ocular notice thereof. he is satisfied that they of the case. If the respondent still shall be called for the purpose of (1) fails to appear at the second conference despite being amicably settling the case upon a fair compromise. The Labor Arbiter shall preside decision on the basis of the evidence on record. or that the cause of any. Labor Arbiter shall thereafter allow the complainant or (4) defining and simplifying the issues in the case.The their respective position papers on the proceedings before the Labor issues agreed upon by the parties and as reflected in the Arbiter shall be non-Iitigious in nature. the respondent any part of the dispute. persons. establishments not voluntarily settled by e) The mandatory conciliation and mediation conference the parties pursuant to Republic Act No.Should of collective bargaining the parties fail to agree upon an amicable settlement.On or before the throughout the proceedings. Should the parties arrive at date set for the mandatory any agreement as to the whole or conciliation and mediation conference. before the Labor Arbiter. not contrary to law. and g) Money claims arising out of employer-employee public policy. understand the agreement.The technicalities of law and procedure and the rules non-appearance of the obtaining in the courts of law shall not strictly complainant or petitioner during the two (2) settings for apply thereto. the parties pursuant to Article 227 of the Labor Code. the Labor determining the real parties in interest. whether or not accompanied with a claim entered into freely and voluntarily by them. moral. . force and effect of a judgment rendered h) Wage distortion disputes in unorganized by the Labor Arbiter.(P5. the same shall be reduced to may file a motion to dismiss. their respective counsel or authorized representative. as f) No motion for postponement shall be entertained amended. exemplary and other forms of damages. relationship or by virtue of any law d) A compromise agreement duly entered into in or contract. as may be provided Section. shall. and thereupon render his matters. The and including all causes of action. involving Filipino workers for overseas accordance with this Section shall be deployment. is not appealable. The Labor Arbiter may avail himself of all mandatory conciliation and mediation reasonable means to ascertain the conference scheduled in the summons. The 2005 Revised Rules of Procedure of the b) Conciliation and mediation efforts shall be exerted by NLRC Page 6 of 21 the Labor Arbiters all SECTION 6. the Labor in said agreements. and take full control of the proceedings. including claims for final and binding upon the parties and shall have the actual. complainants. (5) petitioner to file his verified position entering into admissions or stipulations paper and submit evidence in support of his causes of of facts. NATURE OF PROCEEDINGS. the compromise agreement shall be forum shopping.000. shall be a ground for the inspection and examination of well-informed dismissal of the case without prejudice. The 2005 Revised Rules of Procedure of the either in whole or in part. and (6) threshing out all other preliminary action. or c) In any case.

he may. DECISION. Sections 4 and 5 of this Rule. motu opportunity to cross-examine witnesses. . dismissal of the case for the second time c) A reply may be filed by any party within ten (10) due to the unjustified non-appearance of the calendar days from receipt of the complainant or petitioner. from any party or witness.Immediately after the submission by non-appearances by the respondent during his the parties of their position paper or scheduled presentation of evidence or reply. SUBMISSION OF THE CASE FOR b) In the cross-examination of witnesses. allowed to present evidence ex-parte. . the Labor Arbiter shall SECTION 10. ask c) The parties and their counsels appearing before the clarificatory questions to further elicit facts or Labor Arbiter shall be prepared information.a) The Labor Arbiter shall take full case. . clarificatory conference and continue the including the affidavits of witnesses. Unless otherwise calendar days from the date of the initial provided by law. d) In their position papers and replies.a) Subject to records. the Labor Arbiter shall. the aggregate period for conducting the witnesses with respect to the matters at mandatory conciliation and mediation issue. excluding warrant the re-opening of the case. those that may have been amicably the Labor Arbiter shall call another hearing or settled. be allowed. - supporting documents and affidavits. determine whether there is a notice thereof. the hearing or clarificatory control and personally conduct the conference shall be terminated within ninety (90) hearing or clarificatory conference. including hearing on the merits or clarifying points of law or fact involved in the clarificatory conference. in parties. case. and accompanied by all supporting documents. proceedings until the case is finally decided. including the or clarificatory conference in accordance with Section 8 substance of the evidence presented. Two (2) successive CONFERENCE. notice of the parties. the Labor Arbiter shall hearing or conference. The written summary hearing or clarificatory conference shall be immediately sent to the parties. In any CONFERENCE. shall be with prejudice. . if any.Upon the submission pertinent and material by the parties of their position papers or replies. allowed by the Labor Arbiter. may mandatory conciliation and mediation conference. SECTION 8. the purpose of making such determination. as the case may be. be sufficient cause to dismiss the case without prejudice. except upon meritorious SECTION 9. shall not exceed sixty case. despite due proprio. Upon termination . in which case. from the date of termination of the who was duly notified thereof. only relevant. which shall be reckoned from the date of matters relevant to the issue before him acquisition of jurisdiction by the Labor and necessary for a just and speedy disposition of the Arbiter over the person of the respondents. AND direct the parties to submit POSTPONEMENT OF simultaneously their verified position papers with HEARINGS AND CLARIFICATORY CONFERENCES. SUBMISSION OF POSITION PAPER AND shall be signed by the parties and shall form part of the REPLY. No of relevant documentary evidence. at his discretion and for examination. NLRC Page 7 of 21 or present evidence to prove facts and any cause or b) In case the respondent fails to appear during the causes of action not referred to or hearing or clarificatory conference included in the original or amended complaint or despite due notice thereof. if postponement or continuance shall be any. SECTION 11. At this waiver on his part to present evidence or conduct cross- stage. who was duly notified position paper of the adverse party. subject to the requirements of cases involving overseas Filipino due process. or the questions necessary to enlighten the Labor Arbiter shall lapse of the period to submit the same. He shall limit the presentation of evidence to (60) days. those claims and causes of action where proper justification is shown by proper motion to raised in the complaint or amended complaint. in consultation with of this Rule. DETERMINATION OF NECESSITY OF without prejudice to cross-examination at the next HEARING OR CLARIFICATORY hearing or conference. shall be construed as a need for a hearing or clarificatory conference. including but not limited to the subpoena for continuous hearing or clarificatory conference. ROLE OF THE LABOR ARBITER IN grounds and subject always to the HEARING AND CLARIFICATORY requirement of expeditious disposition of cases. a) Non-appearance at a hearing or within an inextendible period of ten (10) calendar days clarificatory conference by the complainant or petitioner. determine the order of presentation of evidence by the d) Paragraph (c) of this Section notwithstanding. the complainant shall be petition. He shall examine the parties and their workers.SECTION 7. and ask questions only for the purpose of conference. The which shall take the place of their direct testimony. b) The position papers of the parties shall cover only Subject to Section 16 of this Rule. NON-APPEARANCE OF PARTIES. the case shall be deemed submitted for decision unless c) The Labor Arbiter shall make a written summary of the Labor Arbiter calls for a hearing the proceedings. of the clarificatory hearing. the parties shall The 2005 Revised Rules of Procedure of the not be allowed to allege facts.

and/or conclusions and the reasons therefor. his only Branch or Regional Office where . . resolution or order was secured Arbiter shall be clear and concise and shall include a through fraud or coercion. the Labor Arbiter shall elevate the case to the certificate of non-forum shopping. . MOTIONS FOR RECONSIDERATION appellant himself in accordance with Section 4.The Arbiter or Regional Director. iii) a judgment. without Saturday. 2) verified by the SECTION 15.of the said hearing or conference. . REQUISITES FOR PERFECTION OF b) a directive for the employer to submit a report of APPEAL. ii) posting of a cash or surety bond as NLRC Page 8 of 21 provided in Section 6 of this Rule. when one such with a statement of the date the motion for reconsideration is filed. awarded. . either on the ground of relationship within the Arbiter shall be final and executory unless appealed to fourth civil degree of consanguinity or the Commission by any or both parties affinity with the adverse party or counsel. extension. after the submission of the case No motion or request for extension of the period within by the parties for decision. and of impartiality. . and 5) accompanied by i) case of a petition for relief from proof of payment of the required The 2005 Revised Rules of Procedure of the appeal fee. the decisions or cause grave or irreparable damage or injury to the orders of the Labor Arbiter shall contain the amount appellant. service upon the other parties. INHIBITION. within five (5) calendar denying or granting a motion for inhibition days from receipt thereof. case. 4) in three (3) legibly with the requirements for perfecting an appeal. CONTENTS OF DECISIONS. it shall be treated as appellant received the appealed decision.Decisions. and be allowed. . the relief prayed for. Section 1 of this Rule. 5th day.The appeal may be decided within ninety (90) calendar days entertained only on any of the following after the filing of the complaint which shall commence to grounds: run upon acquisition by the Labor a) If there is prima facie evidence of abuse of discretion Arbiter of jurisdiction over the respondents. the Labor Arbiter may in case of decisions. SECTION 12. An order Article 129 of the Labor Code. 3) FROM JUDGMENT. decisions and orders of the Labor b) If the decision. If the 10th or is inappealable. if not corrected. b) A mere notice of appeal without complying with the FILING OF DISMISSED CASE. PERIODS OF APPEAL.The appeal shall be filed In case the decision of the Labor Arbiter includes an with the Regional Arbitration order of reinstatement. and iv) proof of Commission for disposition. resolution or order of a Labor Arbiter shall arguments in support thereof. on the part of the Labor SECTION 14. justifications therefor. (10) calendar days from receipt of notice of the order c) The appellee may file with the Regional Arbitration dismissing the same.The Labor or holiday. PERIOD TO DECIDE CASE. it shall Branch or Regional Office where the case was heard and likewise contain: a) a statement that the reinstatement decided.No motions for reconsideration or in the form of a memorandum of appeal which shall state petitions for relief from judgment of the grounds relied upon and the any decision.a) The appeal shall be: compliance within ten (10) calendar days 1) filed within the reglementary period provided in from receipt of the said decision. . branch of origin. resolution or an appeal provided that it complies order. d) If serious errors in the findings of facts are raised and e) specific remedy or relief granted. Rule 7 of AND PETITIONS FOR RELIEF the Rules of Court. . as the case may be. SECTION 16. Upon motion resolutions or orders of the Labor of a party. GROUNDS. and SECTION 4. would involving monetary awards. d) c) If made purely on questions of law. within ten appeal. c) applicable laws or rules. cases involving overseas Filipino workers shall be SECTION 2. the last day to perfect Arbiter shall render his the appeal shall be the first working day following such decision within thirty (30) calendar days. . In cases which. aspect is immediately executory. including brief statement of the: a) facts of the graft and corruption. as amended. Sunday or holiday. However. falls on a Saturday. even in the absence of which to perfect an appeal shall stenographic notes. b) issues involved. the case shall be remedy shall be to re-file the case in the arbitration deemed submitted for decision. REVIVAL AND RE-OPENING OR RE. or on question within ten (10) calendar days from receipt thereof. Sunday SECTION 13. WHERE FILED. Provided however. SECTION 3. Such motion shall be resolved Labor and Employment pursuant to within five (5) days from the filing thereof. other requisites aforestated shall A party may file a motion to revive or re-open a case not stop the running of the period for perfecting an dismissed without prejudice. that be allowed. resolutions or inhibit himself from further hearing and deciding the orders of the Regional Director of the Department of case.A Labor Arbiter may RULE VI voluntarily inhibit himself from the APPEALS resolution of a case and shall so state in writing the legal SECTION 1. In the typewritten or printed copies. otherwise.

of service thereof. All pleadings and the Office of the President. a) a joint declaration under oath by the employer. including A cash or surety bond shall be valid and effective from those taken from interlocutory orders. e) the computation of the and shall be accompanied by original or award. his answer or reply to appellant's The appellant shall furnish the appellee with a certified memorandum of appeal. frivolous or dilatory appeals. Failure on bond with all the above-mentioned supporting the part of the appellee who was documents. APPEAL FEE. XI. an appeal by the employer corresponding index of its contents which shall include may be perfected only upon the the following: a) the original copy of posting of a bond. and Commission. EFFECT. or subject them to or the award satisfied. To discourage signatures. and the complying with the requisites in the official receipt of such payment shall form part of the preceding paragraphs shall not stop the running of the records of the case. Fifty Pesos (P150. The appellee shall verify the properly furnished with a copy of the appeal to file his regularity and genuineness thereof and immediately answer or reply within the said period report any irregularity to the Commission.Within fortyeight appellant and bonding company. deciding only the specific issues that were elevated on No motion to reduce bond shall be entertained except on appeal. c) and attorney’s fees. the NLRC Page 9 of 21 Commission shall cause the immediate dismissal of the d) Subject to the provisions of Article 218 of the Labor appeal. the same shall be issued by a transcripts of stenographic notes. SECTION 6. b) other pleadings and motions. if any. and h) the appeal bond. and the bonding appeal fee. period to perfect an appeal. minutes of the proceedings. the records of c) proof of security deposit or collateral securing the the case shall be transmitted by bond: provided. not later than true copy of the said surety ten (10) calendar days from receipt thereof. - from the bonding company No appeal from an showing its authorized signatories and their specimen interlocutory order shall be entertained. and The records shall be chronologically arranged and paged shall be in effect until final prominently. and resolutions as well as proof accredited by the Commission or the Supreme Court. ON APPEAL. and censure or cite in Code. the Commission the date of deposit or posting. In case of surety bond. f) memorandum of appeal and certified true copies of the following: the reply or answer thereto. or perfected in accordance with these Rules. BOND. g) official receipt of the counsel. if any. d) decisions. and proof of service. company. disposition of the case. APPEALS FROM DECISION OF OTHER conditions of the surety bond. PERFECTION OF APPEAL. once an appeal is filed. if available. motions pertaining to the appealed g) certificate of accreditation and authority from the case shall thereafter be addressed to and filed with the Supreme Court. . may censure or cite in contempt the until the case is finally decided. the Labor f) certificate of authority to transact surety business from Arbiter loses jurisdiction over the case. reputable bonding company duly orders.the appeal was filed. This condition reasonable fine or penalty. Without prejudice to immediate e) certificate of registration from the Securities and reinstatement pending appeal under Section 6 of Rule Exchange Commission. notices. exclusive of damages the complaint. his if available. that a check shall the Regional Arbitration Branch or office of origin to the not be considered as an acceptable security. SECTION 8. RECORDS OF CASE ON APPEAL. may be construed as a waiver on his part to file the same.The Rules binding on the appellants and the bonding company. the subject them to reasonable fine or Commission shall limit itself to reviewing and penalty. (48) hours after the filing of the appeal. and shall be AGENCIES. once the appeal is contempt the responsible parties and their counsels. d) a certificate of authority from the Insurance SECTION 9. erring parties and their counsels. and only SECTION 5. meritorious grounds. TRANSMITTAL OF RECORDS OF CASE b) an indemnity agreement between the employer. Commission.The appellant shall pay an upon the posting of a bond in a reasonable amount in appeal fee of One Hundred relation to the monetary award. Upon verification by the Commission that the bond is The 2005 Revised Rules of Procedure of the irregular or not genuine. .In case the decision of the Labor SECTION 7. if any. which shall either be in the form of The 2005 Revised Rules of Procedure of the cash deposit or surety bond equivalent NLRC Page 10 of 21 in amount to the monetary award. . resolved or terminated. shall be deemed incorporated in the terms and SECTION 11. attesting that the bond posted is genuine. h) notarized board resolution or secretary’s certificate SECTION 10.00) to the Regional Arbitration Branch The mere filing of a motion to reduce bond without or Regional Office of origin. - Commission. FRIVOLOUS OR DILATORY APPEALS. .The Arbiter or the Regional Director records of a case shall have a involves a monetary award. . .

Should any of the First Division. . preferably on the first week of June exercise exclusive. additional workload and such transfer will not expose Whenever the required membership in a Division is not litigants to unnecessary additional complete and the concurrence expense. Commission en banc. RULE VII QUORUM AND VOTE. functions and duties Commissioners from the other Divisions through its five (5) Divisions. and appellate jurisdiction in and the first week of December. A certification to this effect signed by the Presiding respectively. deliberate and decide on any matter before it. the Commission Division on any case or matter and its First.The Chairman of sector who shall act as the Presiding the Commission may convene Commissioner and one member each from the workers and preside over the session of any Division to consider and employers sectors. allow cases within Commissioners of a Division shall be the jurisdiction of any Division to be heard by any other necessary for the pronouncement of a judgment or Division whose docket allows the resolution. SECTION 2. Mindanao. Fourth Division. Division shall consist of one member from the public d) Role of Chairman in the Division. such written The Chairman. appealable to the Commission according to law. SECTION 4. Commissioner of the Division shall SECTION 3. JURISDICTION OF THE COMMISSION. original. and decide on urgent and vital Unless otherwise provided by law.provided herein governing appeals from the decisions or administrative supervision over the Commission and its orders of Labor Arbiters shall apply Regional Arbitration Branches and all to appeals to the Commission from decisions or orders of its personnel including the Executive Labor Arbiters and the other offices or agencies Labor Arbiters.The Commission shall sit en necessary to constitute a quorum. . to accordance with law. the First. Divisions in the cities of Cebu and Cagayan de Oro. the matters which need immediate action. and the Fifth Division.The Chairman shall call the SECTION 1. on temporary or constitute a quorum. He is the Presiding Commissioner SECTION 6.The presence of a majority of all the fourteen (14) Commissioners. Second and Third participate in its deliberations. The concurrence of two (2) emergency basis. DISSENTING OPINION. CONSULTATION. However. . He shall not however. he may file the Presiding Commissioner of the Second same within the period prescribed for Division shall be the Acting Chairman.a) Composition.a) PROCEEDINGS BEFORE THE COMMISSION Commission En Banc.The conclusions of a d) Headquarters. . Divisions and Regional Arbitration Branches. except when he is acting as Presiding Commissioner of appealed cases from Mindanao including the Division in the absence of the those from the Autonomous Region for Muslim regular Presiding Commissioner. . It may. and the Fourth and Fifth member for the writing of the opinion. Second and Third submitted to it for decision shall be reached in Divisions shall have their main office in the National consultation before the case is assigned to a Capital Region. the intention to write a dissenting opinion.Unless otherwise provided by law. any case pending before it and Of the five (5) Divisions. .The presence of at least two (2) formulation of policies affecting its Commissioners of a Division shall administration and operations. In case of the member of a Division indicate his effective absence or incapacity of the Chairman. Commission to an en banc session at The Commission shall least twice a year. otherwise. of two (2) Commissioners to arrive at a judgment or c) Divisions. . SECTION 5. and for the c) Division. . Each as may be necessary from the same sector. . his Divisions shall have exclusive presence therein will best serve the territorial jurisdiction over appealed cases coming from interests of labor justice. the Commission shall exercise its Chairman shall designate such number of additional adjudicatory and all other powers. . cases from Visayas Region. shall have considered part of the records of the case. members of the Commission shall be b) Commission En Banc. deciding or resolving the appeal. Commission shall be composed of the Chairman and of b) Quorum. . It shall be The 2005 Revised Rules of Procedure of the mandatory for the Division to meet for the NLRC Page 11 of 21 purpose of the consultation ordained herein. . THE CHAIRMAN. respectively. if in his judgment.As provided by law. COMPOSITION AND INTERNAL a majority of all the members of the FUNCTIONS OF THE COMMISSION Commission may call a special en banc session to discuss EN BANC AND ITS DIVISIONS. . the resolution cannot be obtained. . Luzon.The Chairman shall be issued and a copy thereof attached to the record of the preside over all sessions of the case and served upon the parties. aided by the Executive Clerk of the dissenting opinion shall not be Commission. The vote or banc only for purposes of concurrence of the majority of the members promulgating rules and regulations governing the constituting a quorum shall be the decision or resolution hearing and disposition of cases before its of the Commission en banc. COMMISSION EN BANC SESSION. . appealed participate in the voting by the Division.

if any. If the or justifiable grounds therefor. the decisions. to either of the two (2) remaining SECTION 14. . resolution or order involves monetary awards. . as well as issues that SECTION 12. INHIBITION. or order shall be entered in second paragraph. any decision. and resolution of any case or matter before the Division issues. or related questions of fact or or order as final and executory after sixty (60) calendar law shall be consolidated before the days from date of mailing in the Commissioner to whom the case with the lowest case absence of return cards. the Commissioner to exercise complete control of the resolution shall be executory after ten (10) calendar days proceedings at all stages. ABSTENTION. SECTION 8. . . . as far as or Orders of the Commission.It is the declared policy of exert all efforts towards the amicable certification of labor disputes for settlement of a labor dispute. the Chairman shall. the decision.a) Finality of the Decisions. However. . Resolutions matter before it. any Commissioner may resolution and order of the Commission shall state inhibit himself from the consideration clearly and distinctly the findings of facts. - Deputy Executive Clerk to the other Motion for reconsideration of members of the concerned Divisions. SECTION 9. resolution the same parties. . TECHNICAL RULES NOT BINDING. shall national interest by having a full. In case two (2) Commissioners in a COMMISSION AND ENTRY OF Division inhibit themselves in a case or JUDGMENT. MOTIONS FOR RECONSIDERATION. same party shall be entertained. and conclusions of law on which it is based. . from other Divisions representing the sector of the resolutions or orders of the Commission Commissioners who inhibited themselves. the adverse party. CONSOLIDATION OF CASES. FINALITY OF DECISION OF THE Commissioners. In the event that a decision. and receive evidence. In any proceeding before the Commission. to be valid and industrial peace based on social justice and binding between the parties.The decision. Notice of the office. member inhibits himself. certifications from the post number is assigned. the labor disputes are cases Commission shall be assisted by a Labor Arbiter who certified to the Commission for compulsory arbitration may be directed to study. In the resolution of cases on appeal. SECTION 11. CONCILIATION AND MEDIATION. resolution or order of the Commission shall SECTION 10. and procedure. a book of entries of judgment. . the case shall be the same shall contain the specific raffled by the Executive Clerk or Deputy Executive Clerk amount awarded as of the date the decision is rendered. the Commission may SECTION 1.Upon the expiration of the ten abstention. . hear under Article 263 (g) of the Labor Code. any Should a motion for reconsideration be entertained Presiding Commissioner or pursuant to this Section. resolution or shall use every and all reasonable means to ascertain the order. without regard to technicalities of law or reglementary period. or other proof of service to parties. resolution. labor disputes between the parties. issues. that only one such motion from the process. Section 4 (c). and submit reports thereon.No motion to inhibit the SECTION 13.Except practicable. RESOLUTION entire Division of the Commission AND ORDER. FORM OF DECISION. and the concurrence of (10) calendar day period two (2) Commissioners to arrive at a judgment or provided in paragraph (a) of this Section. all in the interest of due provided further. from receipt thereof. review.Certified mentioned in Rules VIII and X. with proof of service that a facts in each case speedily and copy of the same has been furnished. compulsory arbitration to ensure and maintain The settlement of cases on appeal. shall become final and executory after ten (10) calendar The 2005 Revised Rules of Procedure of the days from receipt thereof by the NLRC Page 12 of 21 parties. ROLE OF THE LABOR ARBITER are relevant to or incidents of the ASSIGNED TO THE COMMISSION.In the event of an b) Entry of Judgment. consolidation shall be given by the Executive Clerk or SECTION 15. . shall be entertained. the parties The 2005 Revised Rules of Procedure of the may be represented by legal NLRC Page 13 of 21 counsel but it shall be the duty of the Chairman. and those SECTION 2. of this Rule shall apply.Appealed The Executive Clerk or Deputy Executive Clerk shall and injunction cases involving consider the decision. complete and be made before the Commissioner or his authorized immediate settlement or adjudication of all representative. CERTIFIED CASES original and appellate jurisdiction. certified issues. resolution cannot be obtained.In RULE VIII the exercise of its exclusive.SECTION 7. CERTIFIED LABOR DISPUTES. . POLICY. provided that the evidence prevailing in courts of law and equity shall not motion is under oath and filed within ten be controlling and the Commission (10) calendar days from receipt of decision. not be entertained except when The rules of procedure and based on palpable or patent errors. and and shall so state in writing the legal the relief granted. within the objectively. appoint two (2) Commissioners as provided in Section 9 of Rule X. .

shall inform their counsels and any Commissioner or Labor the Division concerned of all cases Arbiter may summarily adjudge guilty of direct contempt pending with the Regional Arbitration Branches and the any person committing any act of Voluntary Arbitrators relative or misbehavior in the presence of or so near the Chairman incident to the certified case before it. EFFECTS OF DEFIANCE. . offensive acts toward others. or any Commissioner or Labor c) Whenever a certified labor dispute involves a business Arbiter as to obstruct or interrupt the proceedings before entity with several the same. if any. and. CONTEMPT the parties to a certified case. the Commission to enforce the same the same shall be punished by a fine not exceeding One under pain of immediate disciplinary action. EXECUTION OF JUDGMENT IN relevant to or are proper incidents of the certified case.SECTION 3. issue a notice work stoppage has already taken place at the time of the to be served on the parties through certification. certification order specifies d) No motion for postponement or extension shall be otherwise the issues submitted for arbitration which are entertained. the Commission. resolve all certified cases within thirty SECTION 2. all striking or locked out the fastest means available. offense is committed against the Commission or any SECTION 4. the same shall be compliance with the certification order punished by a fine not exceeding Five Hundred Pesos of the Secretary of Labor and Employment shall be (P500. – Upon issuance of shall be considered subsumed or the entry of judgment. . notwithstanding the filing of any motion The 2005 Revised Rules of Procedure of the for reconsideration of the certification order nor the NLRC Page 14 of 21 non-resolution of any such motion which b) Where a clarificatory hearing is needed. or both. if such impending strike or lockout is automatically enjoined. unless lawfully required to do so. or having territorial jurisdiction over the refusal to be sworn or to answer as a principal office of the company shall acquire jurisdiction witness or to subscribe to an affidavit or deposition when to decide such labor dispute. appeal the same to the Commission and The Commission may also seek the assistance of law the execution of said judgment shall be suspended enforcement agencies to ensure pending resolution of the appeal upon the compliance and enforcement of its orders and filing by said person of a bond on condition that he will resolutions. motu proprio or absorbed by the certified case. employer shall immediately resume c) Notwithstanding the necessity for a clarificatory operations and readmit all workers under the same hearing. including Hundred Pesos (P100. the Commission shall shall be immediately executory and inappealable. abide by and perform the judgment SECTION 5. EFFECTS OF CERTIFICATION. including disrespect workplaces located in different regions. motion has been filed. . if the offense is the course of the strike or lockout. If a calendar days from receipt of the records. Commission. cite any which shall include the position papers of the parties and person for indirect contempt and the order of the Secretary of Labor impose the appropriate penalty under any of the following grounds: . CERTIFIED CASE. all certified cases shall be terms and conditions prevailing before the resolved by the Commission within sixty (60) calendar strike or lockout. parties. RULE IX Subject to the second paragraph of Section 4 of Rule IV. . requiring them to appear employees shall immediately return to work and the and submit additional evidence. SECTION 1.00) or imprisonment not considered as an illegal act committed in exceeding five (5) days. A judgment of Unless there is a necessity to the Commission on direct contempt conduct a clarificatory hearing. and shall be decided by upon motion by the proper party.The Commission (30) calendar days from receipt by the assigned or any Labor Arbiter may. may the appropriate Division of the cause the execution of the judgment in the certified case. Any person adjudged guilty of direct contempt by a damages and/or other affirmative Labor Arbiter may. accordance with Rule 71 of the Rules of Court. within a period relief. or both. If the the certification order provides otherwise. or payment by the locking-out employer of backwages.a) should the appeal be decided against him. even criminal prosecution against the liable of five (5) calendar days from notice of the judgment. days from receipt of the complete b) All cases between the same parties. in Commissioner of the complete records. already filed or may be filed.00) or dismissal or loss of employment status imprisonment not exceeding one (1) day. the may have been duly submitted to the Office of the Commission shall. DIRECT CONTEMPT. except where the records. the intended or of the certification order. and are SECTION 6.The Chairman or under pain of contempt.Non. INDIRECT CONTEMPT. .a) Upon and Employment denying the motion for reconsideration certification. the Division toward said officials. PROCEDURE IN CERTIFIED CASES. member thereof. and shall authorize committed against any Labor Arbiter. within five (5) Secretary of Labor and Employment.

NLRC Page 16 of 21 A certification of non-forum shopping shall accompany SECTION 5. or resistance to. NOTICE THEREOF. and the administration of justice. ship or vessel.If the petitioner opposition thereto. a lawful writ. or SECTION 3.a) Misbehavior of any officer or employee in the unlawful act or actually authorizing or ratifying the same performance of his official duties or in after actual knowledge thereof. HEARING. injunction may be granted by the Commission only after The ocular inspection reports shall be submitted to the hearing the testimony of witnesses appropriate Division within and with opportunity for cross-examination in support twenty-four (24) hours from the conduct thereof. . and Section 1 of this Rule shall also to the Chief Executive and other govern any person adjudged guilty of indirect contempt. at restraining order shall become effective any time during working hours. public officials of the province or city within which the RULE X unlawful acts have been threatened or INJUNCTION committed charged with the duty to protect petitioner's SECTION 1. which. and shall complained of involving or arising from any labor thereafter submit his report and dispute before the Commission. if offered.A preliminary SECTION 4. but no injunction or temporary restraining order may be issued upon temporary restraining order shall be testimony under oath. . committing the prohibited or SECTION 7. if sustained. except against the person or the Commission in the issuance persons. implement. may cause grave or days from such delegation. Labor Arbiters who shall conduct such hearings in such when it is established on the basis of the sworn places as he may determine to be allegations in the petition that the acts accessible to the parties and their witnesses. . if it is machinery. material. or decision. as thereto. his official transaction. for any SECTION 2. unable or unwilling to furnish adequate protection. greater c) Any abuse of. such a be continued unless restrained.No temporary restraining order or writ of preliminary .The reception of evidence Commission through its Divisions for the application of a writ of injunction may be pursuant to the provisions of paragraph (e) of Article 218 delegated by the Commission to any of its of the Labor Code. and ask any employee. to The same procedure provided in the second paragraph of all known persons against whom relief is sought. if not recommendation to the Commission within fifteen (15) restrained or performed forthwith. the petition for injunction. b) That substantial and irreparable injury to petitioner's b) Disobedience of. OCULAR INSPECTION. shall be held after due and The 2005 Revised Rules of Procedure of the personal notice thereof has been served. relief. irreparable damage to any party or The 2005 Revised Rules of Procedure of the render ineffectual any decision in favor of such party. may. prohibited or unlawful petitioner's witnesses. including any work. amount to be determined by the building. appliance or any object finally determined that the petitioner is not entitled therein. injunction or restraining order may be granted by the DELEGATION. c) That as to each item of relief to be granted. and only shall also allege that. as amended. or by affidavits of the issued on account of any threat. RECEPTION OF EVIDENCE. to impede. upon respondents by the granting of d) Any improper conduct tending. laborer. . sufficient.A preliminary or permanent relative to the object of the petition. to justify act. TEMPORARY RESTRAINING ORDER. order property will follow. e) That the public officers charged with the duty to e) Assuming to be an attorney or a representative of protect petitioner's property are party without authority. or any person. DISPUTES. suffered by the party enjoined. unless a temporary restraining after a finding of fact by the Commission: order shall be issued without notice. and testimony by way of REQUISITES. any Commissioner. only upon posting of the required cash bond in the conduct an ocular inspection on any establishment. of the allegations of the complaint or SECTION 6. . INJUNCTION IN STRIKES OR information or data concerning any matter or question LOCKOUTS. directly or indirectly. .Hearings g) Other grounds analogous to the foregoing. Labor The writ of preliminary injunction or temporary Arbiter or their duly authorized representatives.The Chairman. . f) Failure to obey a subpoena duly served. or any unlawful interference with the injury will be inflicted upon the processes or proceedings not petitioner by the denial of relief than will be inflicted constituting direct contempt. in such manner NLRC Page 15 of 21 as the Commission shall direct. a a) That prohibited or unlawful acts have been threatened substantial and irreparable injury to petitioner’s and will be committed and will property will be unavoidable. CASH BOND. place or Commission to answer for any damage that may be premises. INJUNCTION IN ORDINARY LABOR property. petition made under oath. association or organization making the threat or thereof. the case may be. obstruct or degrade d) That petitioner has no adequate remedy at law.

the SECTION 9. upon a decision or order that finally the Sheriff shall immediately proceed against the cash disposes of the action or proceedings after the parties deposit or surety bond posted by the and their counsels or authorized losing party. EXECUTION OF MONETARY shall deprive any party having a claim or cause of action JUDGMENT. . which may be . and all lawful fees to be resolution enjoining the collected from the losing party or performance of illegal acts shall be immediately any other person required by law to obey the same.a) Immediate payment on under or upon such undertaking demand.The Sheriff shall enforce a monetary from electing to pursue his ordinary remedy by suit at judgment by demanding the immediate law or in equity. execute the monetary judgment by levying on the records of the case which shall the property. as provided for in Section to answer for the damages and post a cash bond in the 14 of Rule V and Section 6 of this Rule. including proceedings.The writ of twenty (20) days reckoned from the execution must be issued in the name of the Republic of posting of the cash bond required under the preceding the Philippines signed by the Section. thresh out matters relevant to execution. but only after the expiration of the period to president and officers or authorized representatives shall appeal if no appeal has been filed. EFFECTS OF DEFIANCE. DECISION OR ORDER. During the said period. COMPUTATION DURING EXECUTION. executory in accordance with the terms SECTION 4. . and in those amount of Fifty Thousand Pesos cases where partial execution is allowed (P50. paragraph of any injunctive relief sought in the same proceeding (b) of this Rule. EQUITY.00).The order or amount. . the Sheriff writ of execution be issued unless shall. and subject to Section 1. a writ of execution may be business with the Commission.Nothing in this Rule SECTION 5. if any. EXECUTION UPON FINALITY OF same. the Commission Where further computation of shall impose such sanctions. including SECTION 2. order. dispositive portion thereof. In case of non-compliance. . FORM AND CONTENTS OF A WRIT OF restraining order shall be effective for no longer than EXECUTION. or award of substantiate their respective positions in the the Commission or Labor Arbiter. the Commission or Labor Arbiter requiring the Sheriff to parties shall be required to present evidence to execute the decision. within five (5) days from the Labor Arbiter or the Commission is in possession of demand. erroneous issuance of such order or injunction. for in Section 14 of Rule VII. or such higher amount as may be by law. personal and real. RESTRAINING ORDER. to copies of the decision to be recompense those enjoined for any loss. the Labor Arbiter shall retain duplicate original determined by the Commission. or in case the surety bond b) No motion for execution shall be entertained nor a cannot be proceeded against for any reason. if any. . sufficient to NLRC Page 17 of 21 cover the judgment award. as be cited for contempt. - thereof. PRE-EXECUTION CONFERENCE.A temporary SECTION 3. expense or implemented and proof of service thereof for the damage caused by the improvident or purpose of immediate enforcement. If an appeal has been bonding company shall be barred from transacting filed. EFFECTIVITY OF TEMPORARY computation of the award. and expense of defense against receipt of a motion for the issuance of a writ of the order or against the granting execution. and shall the award in the decision. .000. resolution or order is issue such orders. including the SECTION 8. payment of the full amount stated in the writ of RULE XI execution and all lawful fees from the losing EXECUTION PROCEEDINGS party or any other person required by law to obey the SECTION 1. of the The 2005 Revised Rules of Procedure of the losing party not exempt from execution. together with a Within two (2) working days from reasonable attorney's fee. then its Rules. no writ of execution shall be issued until the enlistment of law enforcement agencies having after the computation has been jurisdiction over the area for the purpose approved by the Labor Arbiter in an order issued after of enforcing the same. representatives are furnished with copies of the decision c) If the bonding company refuses to comply with the or order in accordance with these writ of execution.a) A writ of b) In the event of failure or refusal of the losing party to execution may be issued motu proprio or on motion. the Labor Arbiter shall schedule a pre- and subsequently denied by the execution conference or hearing to Commission. as may be necessary to implement the necessary during the course of the execution said order or resolution.injunction shall be issued except on the condition that include an entry of judgment if the case was appealed. issued when there is an entry of judgment as provided d) Should the cash deposit or surety bond be insufficient. petitioner shall first file an undertaking except that. to be demanded. and must contain the main petition. - all reasonable costs. pay the judgment award. ORDINARY REMEDY IN LAW OR IN heard on the matter. the parties have been duly notified and SECTION 10. . and the shown by the certificate of finality.

the Sheriff.00). to the amount of his claim. A copy of the executory.A shall not be less than Five Hundred Pesos (P500. NLRC Page 19 of 21 RULE XII . AND IMPOSITION OF FINES. execution of the assailed decision unless a restraining Failure on the part of the Sheriff to submit the return or order is issued by said courts. The third party claimant authorized depositary bank.A third party bidder. Upon decision includes an order of reinstatement. EFFECT OF PETITION FOR imposition of administrative fine which CERTIORARI ON EXECUTION. . Arbiter within ten (10) working days from submission of The 2005 Revised Rules of Procedure of the said motion for resolution. decisions. after resolution or order. even pending appeal. resolutions or orders of the except execution for reinstatement pending appeal. the same shall to the property or right to possession thereof with be payable to the Commission. including the SECTION 10. as and to pay the accrued salaries as a consequence of such provided for in Section 6 of Rule VI. Commission and those of Labor Arbiters. to reinstate the dismissed employee. be enforced by an independent action within a period of SECTION 15. After the lapse of such period. and shall file the same SECTION 6. and file it shall be guided strictly by these Rules. otherwise the Division or Regional Arbitration Branch. or other authorized receipt thereof by the Sheriff. If he disobeys the writ. the Rules of Court. and every thirty (30) days INDEPENDENT ACTION.A decision thereafter. party claim within ten (10) working days such employer or person may be from submission of said claim for resolution. shall be applied in a suppletory manner. or suspension for fifteen (15) days without pay. SECTION 9. . .The Chairman of the Commission may designate EXECUTION. a report updating the Commission or Labor or order may be executed on motion within five (5) years Arbiter who issued the writ of execution from the date it becomes final and on the status of the enforcement thereof. set forth in writing the whole proceedings. and by the with the Commission or Labor Arbiter to Manual on Execution of Judgment. THIRD PARTY CLAIM. cited for contempt in accordance with Rule IX. Where shall execute an affidavit stating his title payment is made in the form of a check. but not within ten (10) EXECUTION. and the receipt of the third party claim.disposed of for value at a public auction to the highest SECTION 12. who shall officer acting as Sheriff of the Commission. without prejudice to reinstatement at the rate specified the posting by the prevailing party of in the decision. EXECUTION BY MOTION OR BY such writ. the judgment report shall be furnished the Chairman shall become dormant. a supersedeas bond in an amount equivalent to that The Sheriff shall serve the writ of execution upon the posted by the third party claimant. A motion to fine.In executing a decision.In case the who issued the writ of execution. 13 and 14 of this Rule within the stated period shall The mere filing of a motion to subject him to the above administrative quash shall not stay execution proceedings.The special Sheriffs and take any measure. or with an claim shall be forever barred. as enforcing the writ of execution shall amended. . In the absence of SECTION 14. supporting evidence. RESOLUTION OF MOTION TO QUASH. ENFORCEMENT OF WRIT OF it at anytime.00) nor petition for certiorari with the Court of Appeals or the more than Ten Thousand Pesos Supreme Court shall not stay the (P10. all proceedings. EFFECT OF PERFECTION OF APPEAL ON . directing the additional evidence in support of his third employer to immediately reinstate the dismissed party claim and to post a cash or surety bond equivalent employee either physically or in the payroll. SHERIFF’S REPORT. shall automatically be suspended. RETURN OF WRIT OF EXECUTION. EXECUTION OF REINSTATEMENT with the Sheriff and the Commission or Labor Arbiter PENDING APPEAL. The Labor Arbiter who issued the the Labor Arbiter shall immediately issue writ of writ may require the third party claimant to adduce execution. shall form part of these Rules. or quash shall be resolved by the Labor both.The Sheriff applicable rules. with employer disobeys the directive under respect to the execution of the property the second paragraph of Section 14 of Rule V or refuses subject of such claim. . submit not later than thirty (30) days from receipt of SECTION 8. to ensure compliance with the decision of the Labor Arbiter on appeal. DESIGNATION OF SPECIAL SHERIFFS ten (10) years from date of its finality. which form part of the records of the case. . report required under Section SECTION 11. . days nor beyond one hundred eighty (180) days. claim shall be filed within five (5) e) Proceeds of execution shall be deposited with the days from the last day of posting or publication of the Cashier of the concerned notice of execution sale. perfection of an appeal shall stay the execution of the under existing laws.000. - The 2005 Revised Rules of Procedure of the The writ of execution shall be NLRC Page 18 of 21 returned to the Commission or Labor Arbiter who issued SECTION 7. . SECTION 13. and may only and the Executive Labor Arbiter. The employer or any other person Labor Arbiter shall resolve the propriety of such third required by law to obey the same.

. the Commission en banc. the raffle of cases j) Monthly Accomplishment Reports. Commission by quoting the dispositive portion thereof.COMMISSION SEAL AND RECORDS. title of the case. and shall perform similar functions and duties book which indicates the date and time of promulgation. . .He shall keep a book of entries books necessary for the recording of judgment. . for any general docket for the person asking for the same. and as enumerated herein the ponente. Deputy Executive minutes book. as discharged by the Deputy Clerks of the case number. and decision or resolution entered. and shall enter therein all original and the National Labor Relations appealed cases before it. . g) Promulgation and Promulgation Book. the entries of all final decisions. and pleadings and i) Disposition and Remand of Records. Fourth and Fifth Divisions shall assist the summary of the nature thereof and the issue involved Commission when acting through its therein. . their counsel within forty-eight (48) He shall keep in his care and hours from promulgation. LABOR RELATIONS COMMISSION”. custody the Seal of the Commission. under the heading of each case. notices of hearings. copies of decisions. For this purpose. The appealed cases for study or Records Unit shall immediately post report strictly by raffle or as directed by the Chairman. on the upper outside edge. .He shall and functions relative to the Commission or their prepare the Commission or respective Divisions. All judgment. Labor and Employment. with the consecutively in the order in which they were received inscription. decisions. including the resolutions and orders containing in chronological order records. Clerks in the performance of their duties e) Commission Calendar and Minutes Book. 7th day of the following month. . each page of which shall be numbered and POWERS AND DUTIES OF COMMISSION OFFICIALS prepared for receiving all the entries SECTION 1. said records without delay within two (2) working days.The Executive Clerk shall keep a the Regional Arbitration Branches shall prepare. files and exhibits. the words “REPUBLIC OF THE each other step or action taken in the case. together with all the h) Entry of Judgment. In this connection. d) Service of Processes. . . - personally and immediately prepare the Unless otherwise restricted by minutes thereof. DUTIES AND FUNCTIONS OF THE Notices of said decisions. .The Executive promulgate decisions and final Clerk shall assist the resolutions on the same date the same is filed with his Commission when sitting en banc and when acting office and indicate the date and time of through the First Division. or order with a Second. . the words “NATIONAL the date and hour of each pleading filed. . THE EXECUTIVE CLERK. Orders and Decisions. and of the lower outside edge. and shall promulgation and attest the same by his signature on the perform such similar or equivalent functions and duties first page thereof. of the proceedings of the Commission. numbered Commission shall be of standard size.The seal of in a single page. ISSUANCE OF CERTIFIED COPIES. by PHILIPPINES”.The Board Commission by mail or by personal service and Secretaries of the Commission immediately attach the returns thereof to the shall assist the Executive Clerk or Deputy Executive records.He shall submit a for study or report must be attended by the duly monthly accomplishment designated representative of the Members of report of the Commission or Division not later than the the appropriate Division. resolutions EXECUTIVE CLERK AND DEPUTY or orders shall be sent in sealed envelopes to parties and EXECUTIVE CLERKS. Clerks.He shall k) Other Functions. the Executive Clerk. AND Commission. resolutions or orders issued by the SECTION 5. the nature of the decision or final resolution as functions of the Executive Clerk and the action taken by the relative to their respective Divisions. resolution. so that. of each order. he shall immediately pleadings shall be filed in three (3) remand the records of the case to the Regional legibly typewritten copies in legal size. and the authorized officers of f) General Docket. a . Arbitration Branch of origin. running from left to right and. He shall keep a promulgation Division.Upon entry of documents indicating thereon the date and time filed. He shall as are discharged by the Clerk of The 2005 Revised Rules of Procedure of the Court of the Court of Appeals. BOARD SECRETARIES. Division calendars of sessions. circular.The immediately furnish the Chairman with a copy of such Deputy Executive Clerks for the decision. SECTION 4. as the case may be. b) Filing of Pleadings. he shall keep a Section 8 hereof. DEPUTY EXECUTIVE CLERKS. Court of the Court of Appeals.He shall receive and file all cases resolutions and orders of the Commission.a) Custody of Seal and Books.He shall perform other functions as serve parties and counsel directed by the Chairman or processes. Third. the center containing the coat of arms of the Department of history of the case may be known. . Regional Director c) Raffle and Assignment of Cases. NLRC Page 20 of 21 SECTION 3. .He shall SECTION 2.He shall assign or his duly authorized officer. . SEAL OF THE COMMISSION. attend such sessions SECTION 6. with a design at the reference to any single page.

and other persons designated or commissioned by the Chairman of the Commission.These Rules shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation. the Executive Clerk. Minutes of hearings or sessions may not be divulged until after promulgation of the decision or resolution. the Executive Labor Arbiters. EFFECTIVITY. order or entry by and in his office. SECTION 7. The 2005 Revised Rules of Procedure of the NLRC Page 21 of 21 . after payment of the standard fees to the Commission duly receipted for. - All official records of the Commission shall be open to the public during regular office hours. Provided. Members of the Commission. POWER TO ADMINISTER OATH. of any paper. decision.The Chairman. SECTION 8. .certified copy. under the Seal of the Commission. shall be exempted from paying any fee for certified copies of any document. ACCESS TO COMMISSION RECORDS. proper to be certified. the Deputy Executive Clerks. shall have the power to administer oath on all matters or proceedings related to the performance of their duties. except those kept by it in the nature of confidential reports. the Labor Arbiters. resolution. records or communications which cannot be divulged without violating private rights or prejudicing the public interest. record. including transcripts of stenographic notes. that a pauper litigant. . as defined by law. RULE XIII EFFECTIVITY SECTION 1.