INTERIM RULES ON APPEALS UNDER R. A. 6715, AMENDING THE LABOR CODE.
the provisions of Art. 218 (a) of the Labor
Code, as amended, the following Interim Rules on appeals are hereby
adopted and promulgated:
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SECTION 1. (A)
Appeals and Period. - Decisions, awards or orders of the Labor
Regional Director or any duly authorized Hearing Officer and the POEA
shall be final and executory unless appealed to the Commission by any
both parties within the 10 calendar days from receipt of such
awards or orders of the Labor Arbiter or of the Administrator; and in
of the Regional Director or any duly authorized Hearing Officer, five
calendar days from receipt of such decisions, awards or orders.
- The appeals may be entertained only on any of the following
That there is prima facie evidence or abuse of discretion on the part
the Labor Arbiter, Regional Director or any duly authorized Hearing
decision, order or award was secured through fraud or coercion, or
appeal is made purely on questions of law; and/or
serious errors in the finding of facts were committed which, if not
would cause grave or irreparable damage or injury to the appellant.
SECTION 2. Order
of Reinstatement and Effect of Bond. -
Insofar as the
aspect is concerned, the decision of the Labor Arbiter reinstating a
or separated employee shall immediately be executory even pending
The employee shall either be admitted back to work under the same terms
and conditions prevailing prior to his dismissal or separation or, at
option of the employer, merely be reinstated in the payroll.
of bond by the employer shall not stay the execution for reinstatement.
SECTION 3. Where
Filed. - The appeal shall be filed in five (5) legibly
copies with the respective Regional Arbitration Branch, the Regional
or the Philippine Overseas Employment Administration where the case was
heard and decided.
SECTION 4. Caption.
- In all cases appealed to the Commission, the party appealing the
case shall be called the "appellant," and the adverse party the
but the same title and number of the case shall remain.
SECTION 5. Requisites
of Appeal; When Perfected. - (A) The appeal shall be filed within
reglementary period as provided in Section 1(A) of these rules; shall
under oath with proof of payment of the required appeal fee and the
of a cash or surety bond as provided in Section 7 of these rules; shall
be accompanied by a memorandum of appeal which shall state the grounds
relied upon and the arguments in support thereof; a statement of the
when the appellant received the appealed decision, order or award; and
proof of service on the other party of such appeal.
(B) The appellee
shall file his answer to the memorandum of appeal in the Regional
Branch, Regional Office or in the POEA where the appeal was filed not
than ten (10) calendar days from receipt thereof. Failure on the part
the appellee who was properly furnished with copy of the appeal to file
his reply or opposition within the said period may be construed as a
on his part to file the same.
(C) Once the
appeal is perfected in accordance with these rules, issues not raised
appeal shall become final and executory, and the Commission shall limit
itself to reviewing and deciding specific issues that were elevated on
SECTION 6. Appeal
Fee. - The appellant shall pay an appeal fee of one hundred pesos
to the Regional Arbitration Branch, Regional Office, or to the
Overseas Employment Administration.
SECTION 7. Bond.
- In case of a judgment of the Labor Arbiter involving a monetary
an appeal by the employer shall be perfected only upon the posting of a
cash or surety bond issued by a reputable bonding company duly
by the Commission in an amount equivalent to the monetary award in the
judgment appealed from.
of the bond required under Article 223 of the Labor
Code, as amended, the monetary award computed as of the date of
of the decision appealed from shall be the basis of the bond. For this
purpose, moral and exemplary damages shall not be included in fixing
amount of the bond.
issuance of the appropriate guidelines for accreditation, bonds posted
by bonding companies duly accredited by the regular courts, shall be
SECTION 8. No
Extension of Period. - No motion or request for extension of period
within which to perfect an appeal shall be entertained.
SECTION 9. Immediate
Transmittal of Records. - Within forty-eight (48) hours after the
of the reply or opposition of the appellee; or after the expiration of
the period to file the same, the entire record of the case, together
the memorandum of appeal; proof of the posting of the required bond;
proof of service thereof, shall be transmitted by the Executive Labor
Regional Director or POEA Administrator to the appropriate Division of
Records of Cases. - The records of cases shall contain, among
a complete narration of what transpired in the arbitration stage in the
form of minutes, including all original pleadings, notices, proof of
of the decision, order or award and other papers, which shall be
arranged and consecutively numbered.
Period to Resolve Appeal. - (A) The Commission shall resolve the
appeal from the decision, order or award of the Labor Arbiter and
within twenty (20) calendar days from the time the case is submitted
resolution. In case of appeals from the decision of the Regional
or any duly authorized Hearing Officer, the same shall be resolved
ten (10) calendar days.
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For this purpose,
a case or matter shall be deemed submitted for resolution upon the
of the last pleading or memorandum required by the rules of the
or by the Commission itself.
Frivolous or Dilatory Appeals. - To discourage frivolous or
appeals, the Commission or the Labor Arbiter may impose reasonable
including fines and censures on the erring party or parties.
Execution of Decisions, Orders or Awards. - (A) The
of Labor and Employment or any Regional Director, the Commission or any
Labor Arbiter, or Med-Arbiter, or Voluntary Arbitrator or Panel of
Arbitrators, may motu proprio or on motion of any interested
issue a writ of execution on a judgment within five (5) years from the
date it becomes final and executory, requiring a sheriff or duly
officer to execute or enforce final decisions, orders or awards of the
Secretary of Labor and Employment or Regional Director, the Commission,
or the Labor Arbiter or Med-Arbiter, or Voluntary Arbitrator, or Panel
of Voluntary Arbitrators. In any case, it shall be the duty of the
officer to separately furnish immediately the counsels of record and
parties with copies of said decisions, orders or awards. Failure to
with the duty prescribed herein shall subject such responsible officer
to appropriate administrative sanctions.
(B) The Secretary
of Labor and Employment and the Chairman of the Commission may
special sheriffs and take measure under existing laws to ensure
with their decisions, orders or awards and those of Labor Arbiters and
Voluntary Arbitrators, including the imposition of administrative fines
which shall not be less than Five Hundred Pesos (P500.00) nor more than
Ten Thousand Pesos (P10,000.00).
Enforcement of Decisions, Awards or Orders. - Any enforcement
may be deputized by the Secretary of Labor and Employment or by the
for the enforcement of decisions, awards or orders.
Effectivity. - These Interim Rules shall take effect fifteen
days after its publication in at least two (2) national newspapers of
Unless repealed or contrary to these Interim Rules, existing rules of
Commission remain in full force and effect.
Transitory Provision. - Appeals filed on or after March 21,
but prior to the effectivity of these Interim Rules must conform with
requirements as herein set forth or as may be directed by the
Done in the
City of Manila, this 8th day of August 1989.
(Sgd.) ROSARIO G. ENCARNACION
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(Sgd.) CONRADO B. MAGLAYA
(Sgd.) CEFERINO E. DULAY
(Sgd.) MUSIB M. BUAT