Appeal from DOLE

Mayuga, Rikka Marie

Sari, Julius Albert
 Sec. 2, Rule 43
Cases not covered. — This Rule shall
not apply to judgments or final
orders issued under the Labor Code
of the Philippines. (n)
DOLE or NLRC?
If a complaint is brought before the DOLE to
give effect to the labor standards provisions
of the Labor Code or other labor legislation,
and there is a finding by the DOLE that there
is an existing employer-employee relationship,
the DOLE exercises jurisdiction to the
exclusion of the NLRC. If the DOLE finds that
there is no employer-employee relationship,
the jurisdiction is properly with the NLRC.

ABS-CBN IJM Workers Union v. ABS-CBN Corp.

G.R. no. 202131, 21 September 2022
Jurisdiction of
DOLE v. NLRC
The jurisdiction of the NLRC is separate and distinct
from that of the Secretary of Labor and Employment.
In the exercise of their respective jurisdictions, each
agency is governed by its own rules of procedure. In
other words, the rules of procedure of the NLRC are
different from (and do not apply in) cases cognizable by
the Secretary of Labor and Employment.

The Hon. Secretary of Labor and Employment Agapay and Alonso, Jr. v.
Panay Veteran’s Security and Investigation Agency, Inc.
G.R. no. 167708, 22 August 2008
Doctrine of Exhaustion of
Administrative Remedies
The thrust of the rule is that courts must allow
administrative agencies to carry out their functions and
discharge their responsibilities within the specialized
areas of their respective competence.

It entails lesser expenses and provides for the speedier

resolution of controversies.

Universal Robina Corp. (Corn Division) v. Laguna Lake Development Authority

G.R. no. 191427, 30 May 2011
Doctrine of Primary Jurisdiction
Courts cannot or will not determine a controversy involving a
question which is within the jurisdiction of the administrative
tribunal prior to the resolution of that question by the
administrative tribunal, where the question demands the exercise
of sound administrative discretion requiring the special
knowledge, experience and services of the administrative
tribunal to determine technical and intricate matters of fact.
Republic v. Lacap
G.R. no. 158253, 02 March 2007
 If the DOLE finds that there is no employer-employee
relationship, the jurisdiction is properly with the NLRC. If
a complaint is filed with the DOLE, and it is accompanied
by a claim for reinstatement, the jurisdiction is properly
with the Labor Arbiter, under Art. 217 (3) of the Labor
Code, which provides that the Labor Arbiter has original
and exclusive jurisdiction over those cases involving
wages, rates of pay, hours of work, and other terms
and conditions of employment, if accompanied by a
claim for reinstatement. If a complaint is filed with the
NLRC, and there is still an existing employer-employee
relationship, the jurisdiction is properly with the DOLE.
ABS-CBN IJM Workers Union v. ABS-CBN Corp.
G.R. no. 202131, 21 September 2022

DOLE
Powers of DOLE Secretary

1. Visitorial (access to employer’s records and

premises and to copy therefrom) and enforcement
powers (to question any employee and investigate
any fact which may be necessary to determine
violations)
2. Power to suspend effects of termination
3. Assumption of jurisdiction
4. Appellate jurisdiction
5. Voluntary arbitration powers
Visitorial and Enforcement
Powers
1. To access to employer’s records and premises at any time of the day
or night whenever work is being undertaken therein;
2. To copy therefrom;
3. To question any employee;
4. To investigate any fact, condition or matter which may be necessary to
determine violations or which may aid in the enforcement of this Code
and of any labor law, wage order or rules and regulations issued
pursuant thereto;
5. To issue compliance orders to give effect to the labor standards
provisions of this Code and other labor legislation based on the findings
of labor employment and enforcement officers or industrial safety
engineers made in the course of inspection: Provided, employer-
employee relationship still exists;
Visitorial and Enforcement
Powers
6. To issue writs of execution to the appropriate authority for the
enforcement of their orders, except in cases where the employer
contests the findings of the labor employment and enforcement officer
and raises issues supported by documentary proofs which were not
considered in the course of inspection;

7. To order stoppage of work or suspension of operations of any unit or

department of an establishment when non-compliance with the law or
implementing rules and regulations poses grave and imminent danger to
the health and safety of workers in the workplace;
Visitorial and Enforcement
Powers
8. To inquire into the financial activities of legitimate labor organizations
upon the filing of a complaint under oath and duly supported by the written
consent of at least twenty percent (20%) of the total membership of the labor
organization concerned and to examine their books of accounts and other
records to determine compliance or non-compliance with the law and to
prosecute any violations of the law and the union constitution and by-laws:
Provided, That such inquiry or examination shall not be conducted during the
sixty (60)-day freedom period nor within the thirty (30) days immediately
preceding the date of election of union officials; and,

9. To require employers to keep and maintain such employment records as

may be necessary in aid of his visitorial and enforcement powers under this
Code, by appropriate regulations. (Article 128)
Power to Suspend Effects
of Termination

The DOLE Secretary may suspend the effects of the

termination pending resolution of the dispute in the event of a
prima facie finding by the appropriate official of the DOLE
before whom such dispute is pending that the termination may
cause a serious labor dispute or is in implementation of a
mass lay-off. (Article 277[b], Ibid.)
Jursidiction of DOLE Secretary
Original Jurisdiction

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 DOLE Secretary
may
assume jurisdiction over the dispute
and decide it or
certify the same to the NLRC for
compulsory arbitration. (Article 278
[263] (g), Labor Code.
Jursidiction of DOLE Secretary
Appellate Jurisdiction

Labor standards cases, including occupational

safety and health standards, from the decision
of the DOLE Regional Director (Article 128, Ibid.);
Orders of the DOLE Regional Director (Section 1,
Rule IV, Rules on the Disposition of Labor
Standards Cases in the Regional Offices);
Union registration or cancellation cases, from
the decision of the Bureau of Labor Relations;
and,
Certification election cases from decision of the
Med-Arbiter.
 Assumption of Jurisdiction

Requisites for Assumption of Jurisdiction

1. Both parties have requested the SOLE to assume

jurisdiction; or
2. After a conference called by the Office of the SOLE
on the propriety of its issuance, motu proprio or
upon a request or petition by either party to the
labor dispute. [Book V, IRR Rule XXII, sec. 15, IRR as
amended by D.O. No. 40-H-13 s 2013]
 Voluntary Arbitration Powers
Art. 278 (h). Strikes, Picketing and Lockouts. – The parties may opt to submit
their dispute to voluntary arbitration.

When: Before or at any stage of the compulsory arbitration process

Pre-Requisite for the Intervention by the SOLE: The parties must have
manifested that:
a. They voluntarily submit their potential or ongoing dispute to intervention by
the Office of the SOLE;
b. No pending notice of strike or lockout or any related complaint in relation to
their potential or ongoing dispute;
c. They shall refrain from any strike or lockout or any form of work stoppage
or filing any related complaint while the SOLE’s intervention is in effect;
d. They shall abide by the agreement reached whose terms may be enforced
through the appropriate writs issued by the SOLE;
 Remedies from DOLE Secretary’s
Decision/Resolution
1. Special Civil Action for Certiorari before the Court of Appeals (Rule 65,
Rules of Court)

The aggrieved party from a decision of the SOLE may file one motion for
reconsideration within ten (10) days from receipt thereof.

If the motion for reconsideration is denied, the party may appeal via Rule
65 to the CA 60 days from receipt of the denial. Upon denial, the party may
proceed via Rule 45 to the SC. (St. Martin Funeral Home v. NLRC, G.R. No.
130866)
 Remedies from DOLE Secretary’s
Decision/Resolution

Clearly, before a petition for certiorari under Rule 65 of the Rules of Court
may be availed of, the filing of a motion for reconsideration is a condition
sine qua non to afford an opportunity for the correction of the error or
mistake complained of. [PIDLTRANCO Service Enterprises Inc v. PWU –
AGLO, G.R. No. 180962 (2014)]
 Remedies from DOLE Secretary’s
Decision/Resolution

2. Appeal with Office of the President (Administrative Order No. 22, Series
of 2011)
 NLRC
In cases where workers or employers feel
like they are still not being heard, even
after having followed the grievance
procedure, they may raise their cases to
the NLRC.

The NLRC is a quasi-judicial body under

DOLE that is tasked to promote and
maintain industrial peace by resolving
labor and management disputes.
NLRC Rules of Procedure

Filing of complaint in the RAB

Raffle and assignment of cases

Issuance and service of summons

Filing of motion to dismiss complaint

NLRC Rules of Procedure
Mandatory Conciliation and Mediation Conference

Submission of verified position papers

Hearing or Clarificatory Conference

Submission of case for decision

Decision of case
NLRC Rules of Procedure

Finality of the decision

Appeal to NLRC

Petition for certiorari to CA under Rule 65

Appeal by certiorari to SC under Rule 45

End