by NLRC Resolution No. 01-02, Series of 2002)
to the provisions of Article 218 of Presidential
Decree No. 442, as amended, otherwise known as the Labor Code of the
the following rules of procedure governing arbitration proceedings
the Labor Arbiters and the Commission are hereby adopted and
SECTION 1. TITLE OF THE RULES. -These Rules shall be known as the Rules
of Procedure of the National Labor Relations Commission.
SECTION 2. CONSTRUCTION. - These Rules shall be liberally
to carry out the objectives of the Constitution,
Code of the Philippines and other relevant legislations, and to
the parties in obtaining just, expeditious and inexpensive settlement
SECTION 3. SUPPLETORY APPLICATION OF RULES
OF COURT. - In the absence of any applicable provision in these
and in order to effectuate the objectives of the Labor Code, the
provisions of the Revised
Rules of Court of the Philippines may, in the interest of
labor justice and whenever practicable and convenient, be applied by
or in a suppletory character and effect.
SECTION 1. DEFINITIONS. - The terms and phrases defined in Article 212
of the Labor
Code, as amended, shall be given the same meanings when used herein.
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used herein, "Regional Arbitration Branch" shall mean any of the
arbitration branches, or sub-regional branches of the Commission.
NOTICES AND APPEARANCES
1. COMPLAINT. - (a) Complaint is a pleading alleging the cause or
of action of complainant/petitioner. The names of respondents must be
in the complaint. It shall be signed under oath by the
with a declaration of non-forum shopping.
A party having more than one cause of action against the other party,
out of the same relationship, shall include all of them in one
this purpose, the complaint form duly approved by the Commission shall
preferably be used for expediency.
SECTION 2. CAPTION AND TITLE. - In all cases filed with the
or with any of its Regional Arbitration Branches, the party initiating
the action shall be called the "Complainant" or "Petitioner",
and the opposing party the "Respondent". The full names of all
real parties in interest, whether natural or juridical persons or
authorized by law, shall be stated in the caption of the complaint or
as well as in the decisions, resolutions or orders.
SECTION 3. ISSUANCE OF SUMMONS. - Within two (2) days from receipt of a
case, the Labor Arbiter shall issue the required summons, attaching
a copy of the complaint/petition and supporting documents, if any. The
summons, together with a copy of the complaint, shall specify the date,
time and place of the conciliation and mediation conference in two (2)
SECTION 4. PROHIBITED PLEADINGS AND MOTIONS. - The following pleadings,
motions or petitions shall not be allowed in the cases covered by these
Motion to Dismiss the complaint except on the ground of lack of
over the subject matter, improper venue, res adjudicata, prescription
Motion for a Bill of Particulars;
Motion for New Trial or Motion for Reconsideration of Judgment or Order
of the Labor Arbiter;
Petition for Relief from Judgment when filed with the Labor Arbiter;
Petition for Certiorari, Mandamus or Prohibition;
Motion to Declare Respondent in Default.
SECTION 5. FILING AND SERVICE OF PLEADINGS. - All pleadings in
with the case shall be filed with the appropriate docketing unit of the
Regional Arbitration Branch or the Commission, as the case maybe.
party filing the pleadings shall serve the opposing party/ies with a
thereof and its supporting documents in the manner provided for in
Rules with proof of service thereof.
SECTION 6. SERVICE OF NOTICES AND RESOLUTIONS. - (a) Notices or
and copies of orders, shall be served on the parties to the case
by the bailiff or duly authorized public officer within three (3) days
from receipt thereof or by registered mail; provided that in special
service of summons may be effected in accordance with the pertinent
of the Rules of
That in cases of decisions and final awards, copies
shall be served on both parties and their counsel/representative by
mail; Provided, further,
That in cases where a party to a case
his counsel on record personally seeks service of the decision upon
thereon, service to said party shall be deemed effected upon actual
thereof: Provided, finally,
That where parties are so numerous,
service shall be made on counsel and upon such number of complainants,
as maybe practicable, which shall be considered substantial compliance
with Article 224 (a) of the Labor
Code, as amended
purposes of appeal, the period shall be counted from receipt of such
resolutions, or orders by the counsel/representative of record.
The bailiff or officer serving the notice, order, resolution or
shall submit his return within two (2) days from date of service
stating legibly in his return his name, the names of the persons served
and the date of receipt, which return shall be immediately attached and
shall form part of the records of the case. In case of service by
mail, the bailiff or officer shall write in the return, the names of
served and the date of mailing of the resolution or decision. If no
was effected, the service officer shall state the reason therefor in
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SECTION 7. PROOF AND COMPLETENESS OF SERVICE. - The return
is prima facie proof of the facts indicated therein. Service by
registered mail is complete upon receipt by the addressee or his agent;
but if the addressee fails to claim his mail from the post office
five (5) days from the date of first notice of the postmaster, service
shall take effect after such time.
SECTION 8. APPEARANCES. - An attorney appearing for a party is
to be properly authorized for that purpose. However, he shall be
to indicate in his pleadings his PTR and IBP numbers for the current
non-lawyer may appear before the Commission or any Labor Arbiter only
he represents himself as party to the case;
he represents a legitimate labor organization, as defined under Article
222 and 242 of the Labor
Code, as amended
, or its members, provided, that he shall be made
present a verified certification from said organization that he is
he is a duly-accredited member of any legal aid office duly recognized
by the Department of Justice or Integrated Bar of the Philippines.
may be made orally or in writing. In both cases, the complete name and
office address of both parties shall be made on record and the adverse
party or his counsel/representative properly notified.
change in the address of counsel/representative should be filed with
records of the case and furnished the adverse party or counsel.
change or withdrawal of counsel/representative shall be made in
with the Rules of Court.
SECTION 9. AUTHORITY TO BIND PARTY. -Attorneys and other
of parties shall have authority to bind their clients in all matters of
procedure; but they cannot, without a special power of attorney or
consent, enter into a compromise agreement with the opposing party in
or partial discharge of a client's claim.
AND DISPOSITION OF CASES
1. VENUE. - (a) All cases which Labor Arbiters have authority to hear
decide may be filed in the Regional Arbitration Branch having
over the workplace of the complainant/petitioner.
purposes of venue, workplace shall be understood as the place or
where the employee is regularly assigned when the cause of action
It shall include the place where the employee is supposed to report
after a temporary detail, assignment, or travel. In the case of field
as well as ambulant or itinerant workers, their workplace is where they
are regularly assigned, or where they are supposed to regularly receive
their salaries/wages or work instructions from, and report the results
of their assignment to, their employers.
Where two or more Regional Arbitration Branches have jurisdiction over
the workplace of the complainant/petitioner, the Branch that shall
acquire jurisdiction over the case shall exclude the others.
When improper venue is not objected to before the filing of position
such issue shall be deemed waived.
The venue of an action may be changed or transferred to a different
Arbitration Branch other than where the complaint was filed by written
agreement of the parties or when the Commission or Labor Arbiter before
whom the case is pending so orders, upon motion by the proper party in
foregoing shall be without prejudice to cases involving Overseas
Workers which shall be filed before the Regional Arbitration Branch
the complainant resides or where the principal office of the
is situated, at the option of the complainant.
2. RAFFLE AND ASSIGNMENT OF CASES. - (a) All complaints and
received by the docket section of the Regional Arbitration Branch shall
be forwarded to the Office of the Executive Labor Arbiter within
(24) hours from receipt thereof for raffle and assignment.
Within forty-eight (48) hours from receipt of the cases referred to him
by the docket officer, the Executive Labor Arbiter shall assign the
to the different Labor Arbiters by means of raffle. In exceptional
however, as when there is an impending or actual strike or lockout, or
when a labor dispute is reportedly attended by violence, or is causing
or likely to cause public disorder or inconvenience, or in places where
holding a raffle is not practicable, the Executive Labor Arbiter may
jurisdiction over such cases or assign the same to Labor Arbiters who,
in his opinion, can effect immediate settlement or adjudication of the
All pleadings subsequent to the filing of the complaint shall be
to the Labor Arbiter before whom the case is pending within twenty-four
(24) hours from receipt thereof to the Labor Arbiter to whom the case
SECTION 3. CONSOLIDATION OF CASES/COMPLAINTS. - Where there are
or more cases/complaints pending before different Labor Arbiters in the
same Regional Arbitration Branch involving the same employer and common
principal causes of action or the same parties with different causes of
action, the subsequent cases/complaints shall be consolidated with the
first to avoid unnecessary costs or delay. Such consolidated
shall be disposed of by the Labor Arbiter to whom the first case was
case of objection to the consolidation, the same shall be resolved by
Executive Labor Arbiter. An order resolving the motion shall be
4. DISPOSITION OF CASES. - Subject to the provisions of
263 (g) of the Labor
Code, as amended,
when a case is assigned to a Labor Arbiter, the
case and any or all incidents thereto shall be considered assigned to
and the same shall be disposed of in the same proceedings to avoid
of suits or proceedings.
the Secretary of Labor and Employment has assumed jurisdiction over a
or lockout dispute or certified the same to the Commission, the parties
to such dispute shall immediately inform the Secretary or the
as the case may be, of all cases directly related to the disputes
them pending before any Regional Arbitration Branch, and the Labor
handling the same of such assumption or certification. The Labor
concerned shall forward within two (2) days from notice the entire
of the case to the Commission or to the Secretary of Labor, as the case
may be, for proper disposition.
BEFORE LABOR ARBITERS
1. JURISDICTION OF LABOR ARBITERS. - Labor Arbiters shall have original
and exclusive jurisdiction to hear and decide all cases involving all
whether agricultural or non-agricultural, as well as claims of overseas
Filipino workers provided for by law.
2. MANDATORY CONCILIATION/MEDIATION CONFERENCE. - Within two (2)
days from receipt of an assigned case, the Labor Arbiter shall issue
summons to the parties for a conference, for the purpose of amicably
the case upon a fair compromise, determining the real parties in
defining and simplifying the issues in the case, entering into
or stipulations of facts and threshing out all other preliminary
and mediation efforts shall be exerted by the Labor Arbiters all
the proceedings. Should the parties arrive at any agreement as to the
or any part of the dispute, the same shall be reduced to writing and
by the parties and their respective counsel, or authorized
if any, before the Labor Arbiter.
settlement shall be approved by the Labor Arbiter after being satisfied
that it was voluntarily entered into by the parties and after having
to them the terms and consequences thereof.
compromise agreement entered into by the parties not in the presence of
the Labor Arbiter before whom the case is pending shall be approved by
him, if after, confronting the parties, particularly the complainant/s,
he is satisfied that they understand the terms and conditions of the
and that it was entered into freely and voluntarily by them and the
is not contrary to law, morals, and public policy.
compromise agreement duly entered into in accordance with this Section
shall be final and binding upon the parties and the Order approving it
shall have the effect of a judgment rendered by the Labor Arbiter.
the parties fail to agree upon an amicable settlement, either in whole
or in part, during the conference/s, the Labor Arbiter shall issue an
stating therein the matters taken up and agreed upon during the
and directing the parties to simultaneously file their respective
mandatory conferences shall, except for justifiable grounds, be
within thirty (30) calendar days from the date of the first conference.
motion for postponement shall be entertained except on meritorious
Non-appearance of the complainant/s during the two (2) scheduled
for mediation/conciliation conference shall be a ground for the
of the case without prejudice.
case of non-appearance of the respondent/s during the first conference,
a second conference shall proceed. Non-appearance of the respondent
the second conference shall immediately terminate the mandatory
conference. The complainant shall thereupon be allowed to file his
paper as well as submit evidence in support of his cause or causes of
after which, the Labor Arbiter shall render his decision on the basis
the evidence on record.
3. MOTION TO DISMISS. - On or before the date set for the
the respondent may file a motion to dismiss. Any motion to dismiss on
ground of lack of jurisdiction, improper venue, or that the cause of
is barred by prior judgment, prescription or forum shopping, shall be
resolved by the Labor Arbiter by a written order. An order denying the
motion to dismiss or suspending its resolution until the final
of the case is not appealable.
4. SUBMISSION OF POSITION PAPERS/MEMORANDA. - Without prejudice
the provisions of the last paragraph, Section 2, of this Rule, the
Arbiter shall direct both parties to submit simultaneously their
papers with supporting documents and affidavits within an inextendible
period of ten (10) days from notice of termination of the mandatory
verified position papers to be submitted shall cover only those claims
and causes of action raised in the complaint excluding those that may
been amicably settled, and shall be accompanied by all supporting
including the affidavits of their respective witnesses which shall take
the place of the latter's direct testimony. The parties shall
not be allowed to allege facts, or present evidence to prove facts, not
referred to and any cause or causes of action not included in the
or position papers, affidavits and other documents.
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SECTION 5. DETERMINATION OF NECESSITY OF HEARING. - Immediately
the submission by the parties of their position papers/memoranda, the
Arbiter shall, motu proprio, determine whether there is a need
a formal trial or hearing. At this stage, he may, at his discretion and
for the purpose of making such determination, ask clarificatory
to further elicit facts or information, including but not limited to
subpoena of relevant documentary evidence, if any, from any party or
6. NATURE OF PROCEEDINGS. - The proceedings before a Labor
shall be non-litigious in nature. Subject to the requirements of due
the technicalities of law and procedure and the rules obtaining in the
courts of law shall not strictly apply thereto. The Labor Arbiter may
himself of all reasonable means to ascertain the facts of the
speedily, including ocular inspection and examination of well-informed
7. ROLE OF LABOR ARBITER IN PROCEEDINGS. - The Labor Arbiter
personally conduct the conferences/hearings. Except as provided by law,
the Labor Arbiter shall determine the order of presentation of evidence
by the parties, subject to the requirements of due process. He shall
full control of the proceedings, examine the parties and their
to satisfy himself with respect to the matters at issue, ask questions
only for the purpose of clarifying points of law or fact involved in
case. He shall limit the presentation of evidence to matters relevant
the issue before him and necessary for a just and speedy disposition of
8. PRESENTATION OF EVIDENCE AND EXTENT OF CROSS-EXAMINATION.
The complainant/petitioner shall be the first to present evidence to
the cross-examination of witnesses, only relevant, pertinent and
questions necessary to enlighten the presiding Labor Arbiter shall be
SECTION 9. MINUTES OF PROCEEDINGS. - The proceedings before a
Arbiter need not be recorded. He shall make a written summary of the
including the substance of the evidence presented, in consultation with
the parties. The written summary shall be signed by the parties and
form part of the records.
10. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF HEARINGS. -
Non-appearance at a hearing by the complainant or petitioner, who was
notified thereof, may be sufficient cause to dismiss the case without
Where proper justification, however, is shown by proper motion to
the re-opening of the case, the Labor Arbiter shall call a second
and continue the proceedings until the case is finally decided.
of the case for the second time due to the unjustified non-appearance
the complainant or petitioner who was duly notified thereof shall be
In case of two (2) successive non-appearances by the respondent,
due notice during the complainant's presentation of evidence, the
shall be allowed to present evidence ex-parte, without
to cross-examination by the respondent at the next hearing. Upon
of such presentation of evidence for the complainant, another notice of
hearing for the reception of the respondent's evidence shall be issued,
with a warning that failure of the respondent to appear shall be
as a waiver on his part to present evidence. In case of such
by the respondent, despite due notice, the case shall be considered
for decision on the basis of the evidence so far presented.
The parties and their counsel or representative appearing before a
Arbiter shall be prepared for continuous hearing. No postponements or
of hearings shall be allowed by the Labor Arbiter except upon
grounds and subject always to the requirement of expeditious
of cases and the termination of hearings within ninety (90) calendar
from the date of initial hearing.
The provisions of paragraph (c) hereof notwithstanding, in cases
Overseas Filipino Workers, the aggregate period for conducting the
conciliation/mediation conference and a hearing on the merits shall not
exceed sixty (60) days, which shall be reckoned from the date of
by the Labor Arbiter of jurisdiction over the person of the
11. ISSUANCE OF AN ORDER SUBMITTING THE CASE FOR DECISION. -
the parties have submitted their position papers and supporting
and upon evaluation of the case the Labor Arbiter finds no necessity of
further hearing, he shall issue an order expressly declaring the
of the case for decision.
12. INHIBITION. - A Labor Arbiter may voluntarily inhibit himself
from the resolution of a case and shall so state in writing the legal
therefor. Upon motion of a party, either on the ground of relationship
within the fourth civil degree of consanguinity or affinity with the
party or counsel, or on question of impartiality, the Labor Arbiter may
inhibit himself from further hearing the case. Such motion shall be
within five (5) days from the filing thereof. An order denying or
a motion for inhibition is not appealable.
13. PERIOD TO DECIDE CASE. - The Labor Arbiter shall render his
within thirty (30) calendar days, without extension, after the
of the case by the parties for decision, even in the absence of
notes: Provided, however, That cases involving Overseas
Workers shall be decided within ninety (90) calendar days after the
of the complaint which shall commence to run upon acquisition by the
Arbiter of jurisdiction over the respondent/s.
SECTION 14. CONTENTS OF DECISIONS. - The decisions/orders of the
Labor Arbiter shall be clear and concise and shall include a brief
of the (a) facts of the case; (b) issue/s involved; (c) applicable law
or rules; (d) conclusions and the reasons therefor; and (e) specific
or relief granted. In cases involving monetary awards, the decisions or
orders of the Labor Arbiter shall contain the amount awarded.
15. MOTIONS FOR RECONSIDERATION/PETITION FOR RELIEF FROM
- No motions for reconsideration/petition for relief from judgment of
decision, resolution or order of a Labor Arbiter shall be allowed.
when one such motion for reconsideration is filed, it shall be treated
as an appeal provided that it complies with the requirements for
an appeal. In the case of a petition for relief from judgment, the
Arbiter shall elevate the case to the Commission for disposition.
SECTION 16. REVIVAL/RE-OPENING OR RE-FILING OF DISMISSED CASE. - A
may file a motion to revive or re-open a case dismissed without
within ten (10) calendar days from receipt of notice of the order
the same; otherwise, his only remedy shall be to re-file the case in
arbitration branch of origin.
1. PERIODS OF APPEAL. - Decisions, resolutions or orders of the Labor
shall be final and executory unless appealed to the Commission by any
both parties within ten (10) calendar days from receipt of such
resolutions or orders of the Labor Arbiter and in case of a decision of
the Regional Director within five (5) calendar days from receipt of
decisions, resolutions, or orders. If the 10th or 5th day, as the case
may be, falls on a Saturday, Sunday or a holiday, the last day to
the appeal shall be the next working day.
2. GROUNDS. - The appeal may be entertained only on any of the
If there is prima facie evidence of abuse of discretion on the
of the Labor Arbiter or Regional Director;
If the decision, resolution or order was secured through fraud or
including graft and corruption;
If made purely on questions of law; and/or
If serious errors in the findings of facts are raised which, if not
would cause grave or irreparable damage or injury to the appellant.
SECTION 3. WHERE FILED. - The appeal shall be filed with the
Regional Arbitration Branch or the Regional Office, where the case was
heard and decided.
SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. - (a) The Appeal shall
be filed within the reglementary period as provided in Section 1 of
Rule; shall be verified by appellant himself in accordance with Section
4, Rule 7 of the Rules
of Court, with proof of payment of the required appeal fee and the
posting of a cash or surety bond as provided in Section 6 of this Rule;
shall be accompanied by memorandum of appeal in three (3) legibly
copies which shall state the grounds relied upon and the arguments in
thereof; the relief prayed for; and a statement of the date when the
received the appealed decision, resolution or order and a certificate
non-forum shopping with proof of service on the other party of such
A mere notice of appeal without complying with the other requisites
shall not stop the running of the period for perfecting an appeal.
The appellee may file with the Regional Arbitration Branch or
Office where the appeal was filed, his answer or reply to appellant's
of appeal, not later than ten (10) calendar days from receipt thereof.
Failure on the part of the appellee who was properly furnished with a
of the appeal to file his answer or reply within the said period may be
construed as a waiver on his part to file the same.
Subject to the provisions of Article 218, once the appeal is perfected
in accordance with these Rules, the Commission shall limit itself to
and deciding specific issues that were elevated on appeal.
SECTION 5. APPEAL FEE. -The appellant shall pay an appeal fee of one
fifty pesos (P150.00) to the Regional Arbitration Branch or Regional
and the official receipt of such payment shall be attached to the
of the case.
6. BOND. - In case the decision of the Labor Arbiter or the
Director involves a monetary award, an appeal by the employer may be
only upon the posting of a cash or surety bond. The appeal bond shall
be in cash or surety in an amount equivalent to the monetary award,
of damages and attorney’s fees.
case of surety bond, the same shall be issued by a reputable bonding
duly accredited by the Commission or the Supreme Court, and shall be
a joint declaration under oath by the employer, his counsel, and the
company, attesting that the bond posted is genuine, and shall be in
until final disposition of the case.
a copy of the indemnity agreement between the employer-appellant and
a copy of security deposit or collateral securing the bond.
certified true copy of the bond shall be furnished by the appellant to
the appellee who shall verify the regularity and genuineness thereof
immediately report to the Commission any irregularity.
verification by the Commission that the bond is irregular or not
the Commission shall cause the immediate dismissal of the appeal.
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motion to reduce bond shall be entertained except on meritorious
and upon the posting of a bond in a reasonable amount in relation to
filing of the motion to reduce bond without compliance with the
in the preceding paragraph shall not stop the running of the period to
perfect an appeal.
SECTION 7. NO EXTENSION OF PERIOD. - No motion or request for extension
of the period within which to perfect an appeal shall be allowed.
SECTION 8. RECORDS OF CASES ON APPEAL. - The records of a case shall
among others, the original copy of the complaint; pleadings; minutes of
the proceedings; notices, transcripts of stenographic notes, if any,
proof of service of the decision, if available; order or computation of
the award; and evidence submitted, which shall be chronologically
and paged prominently.
9. TRANSMITTAL OF RECORDS OF CASES ON APPEAL. - Within
(48) hours after the filing of the appeal, the records of the case,
a corresponding index of contents thereof, together with the memorandum
of appeal and the reply or answer thereto, if any, proofs of service,
available, proof of payment of the appeal fee, and the appeal bond
shall be officially transmitted by the office of origin to the
SECTION 10. PERFECTION OF APPEAL; EFFECT. - Without prejudice to
the provisions of Section 3, Rule VIII of these Rules, once an appeal
filed, the Labor Arbiter loses jurisdiction over the case. All
pertaining thereto shall thereafter be addressed to and filed with the
SECTION 11. FRIVOLOUS OR DILATORY APPEALS. - To discourage frivolous or
dilatory appeals, the Commission may impose appropriate sanction upon
SECTION 12. APPEALS FROM DECISION OF OTHER AGENCIES. - The rules
herein governing appeals from the decisions or orders of Labor Arbiters
shall apply to appeals to the Commission from decisions or orders of
other offices or agencies appealable to the Commission according to law.
BEFORE THE COMMISSION
SECTION 1. JURISDICTION OF THE COMMISSION. - The Commission shall
exclusive, original, and appellate jurisdiction in accordance with law.
SECTION 2. COMPOSITION/ INTERNAL FUNCTIONS OF THE COMMISSION EN BANC
AND ITS DIVISIONS. - (a) Composition. -Unless otherwise provided
by law, the Commission shall be composed of the Chairman and of
Commission En Banc. - The Commission shall sit en banc only
for purposes of promulgating rules and regulations governing the
and disposition of cases before its Divisions and Regional Arbitration
Branches, and for the formulation of policies affecting its
and operations. It may, on temporary or emergency basis, allow cases
the jurisdiction of any Division to be heard by any other Division
docket allows the additional workload and such transfer will not expose
litigants to unnecessary additional expense.
Divisions. - Unless otherwise provided by law, the Commission shall
its adjudicatory and all other powers, functions and duties through its
five (5) Divisions. Each Division shall consist of one member from the
public sector who shall act as the Presiding Commissioner and one
each from the workers and employers sectors, respectively.
the five (5) Divisions, the First, Second and Third Divisions shall
exclusive territorial jurisdiction over appeals of cases coming from
Fourth Division, appealed cases from Visayas Region; and the Fifth
appealed cases from Mindanao including those from the Autonomous Region
for Muslim Mindanao.
Headquarters, Branches and Provincial Extension Units. - As provided by
law, the Commission and its First, Second and Third Divisions shall
their main office in the National Capital Region, and the Fourth and
Divisions in the cities of Cebu and Cagayan de Oro,
SECTION 3. THE CHAIRMAN. - The Chairman shall preside over all sessions
of the Commission en banc. He is the Presiding Commissioner of
First Division. In case of the effective absence or incapacity of the
the Presiding Commissioner of the Second Division shall be the Acting
Chairman, aided by the Executive Clerk of the Commission, shall have
supervision over the Commission and its Regional Branches and all its
including the Executive Labor Arbiters and Labor Arbiters.
SECTION 4. SESSION EN BANC/QUORUM AND VOTE. - (a) Commission
banc. - The Chairman shall call the Commission to a session en
at least twice a year, preferably first week of June and first week of
December to deliberate on and decide any matter before it. However, a
of all the members of the Commission may call a special en banc
to discuss and decide on urgent and vital matters which need immediate
Quorum. - The presence of a majority of all the members of the
shall be necessary to constitute a quorum. The vote or concurrence of
majority of the members constituting a quorum shall be the decision or
resolution of the Commission en banc.
Division. - The presence of at least two (2) Commissioners of a
shall constitute a quorum. The concurrence of two (2) Commissioners of
a Division shall be necessary for the pronouncement of a judgment or
the required membership in a Division is not complete and the
of two (2) Commissioners to arrive at a judgment or resolution cannot
obtained, the Chairman shall designate such number of additional
from the other Divisions as may be necessary from the same sector.
Role of Chairman in the Division. - The Chairman of the Commission may
convene and preside over the session of any Division to consider any
pending before it and participate in its deliberations, if in his
his presence therein will best serve the interests of labor justice. He
shall not however, participate in the voting by the Division, except
he is acting as Presiding Commissioner of the Division in the absence
the regular Presiding Commissioner.
5. CONSULTATION. - The conclusions of a Division on any case/matter
to it for decision shall be reached in consultation before the case is
assigned to a member for the writing of the opinion. It shall be
for the Division to meet for the purpose of the consultation ordained
certification to this effect signed by the Presiding Commissioner of
Division shall be issued and a copy thereof attached to the record of
case and served upon the parties.
6. DISSENTING OPINION. - Should any member indicate his intention to
a dissenting opinion, he may file the same within the period prescribed
for deciding or resolving the appeal; otherwise, such written
opinion shall not be considered part of the records of the case.
SECTION 7. INHIBITION. - No motion to inhibit the entire division of
Commission shall be entertained. However, any Commissioner may inhibit
himself from the consideration and resolution of any case/matter before
the Division and shall so state in writing the legal or justifiable
therefor. In the event that a member inhibits himself, the case shall
raffled by the Executive Clerk or Deputy Executive Clerk to either of
two (2) remaining Commissioners. In case two (2) Commissioners in a
inhibit themselves in a case or matter before it, the Chairman shall as
far as practicable appoint two Commissioners from other Divisions
the sector of the Commissioners who inhibited themselves.
8. ABSTENTION. - In such an event and the concurrence of two
to arrive at a judgment or resolution cannot be obtained, Section 4
par. 2 of this Rule shall apply.
9. CONSOLIDATION OF CASES. - Appealed cases involving the same
and/or related questions of facts or of law shall be consolidated
the Commissioner to whom the case with the lowest number is assigned.
of the consolidation shall be given by the Executive Clerk to the other
members of the Division.
10. TECHNICAL RULES NOT BINDING. - The rules of procedure and evidence
prevailing in courts of law and equity shall not be controlling and the
Commission shall use every and all reasonable means to ascertain the
in each case speedily and objectively, without regard to technicalities
of law or procedure, all in the interest of due process.
any proceeding before the Commission, the parties may be represented by
legal counsel but it shall be the duty of the Chairman, any Presiding
or Commissioner to exercise complete control of the proceedings at all
SECTION 11. DUTY TO CONCILIATE AND MEDIATE. - In the exercise of its
original and appellate jurisdiction, the Commission shall exert all
towards the amicable settlement of a labor dispute.
settlement of cases on appeal, to be valid and binding between the
shall be made before the Commissioner or his authorized representative.
SECTION 12. ROLE OF THE LABOR ARBITER ASSIGNED TO THE COMMISSION. - In
the resolution of cases on appeal, and those mentioned in Rules IX and
XI, the Commission shall be assisted by the Labor Arbiter who may be
to study, review, hear and receive evidence and submit reports thereto.
13. FORM OF DECISION/RESOLUTION/ORDER. -The
shall state clearly and distinctly the findings of facts, issues and
of law on which it is based and relief granted, if any. If the decision
or resolution/order involves monetary awards, the same shall contain
specific amount awarded as of the date the decision is rendered.
14. FINALITY OF DECISION OF THE COMMISSION AND ENTRY OF JUDGMENT. - (a)
Finality of the Decisions, Resolutions or Orders of the Commission.
as provided in Rule XI, Section 9, the decisions, resolutions or orders
of the Commission/Division shall become executory after ten (10)
days from receipt of the same.
Entry of Judgment. - Upon the expiration of the ten (10) calendar day
provided in paragraph (a) of this section, the
shall, as far as practicable, be entered in a book of entries of
Allowance for Delay of Mail in the Issuance of Entries of Judgment. -
issuing entries of judgment, the Executive Clerk of Court or the Deputy
Executive Clerk, in the absence of a return card or certification from
the post office concerned, shall determine the finality of the decision
by making allowance for delay of mail, computed sixty (60) calendar
from the date of mailing of the decision, resolution or order.
15. MOTIONS FOR RECONSIDERATION. - Motion for reconsideration of
any decision/resolution/order of the Commission shall not be
except when based on palpable or patent errors, provided that the
is under oath and filed within ten (10) calendar days from receipt of
with proof of service that a copy of the same has been furnished,
the reglementary period, the adverse party, and provided further, that
only one such motion from the same party shall be entertained.
a motion for reconsideration be entertained pursuant to this section,
resolution shall be executory after ten (10) calendar days from receipt
SECTION 1. PRE-EXECUTION CONFERENCE. - Within two (2) working
from receipt of the motion for the issuance of a writ of execution and
subject to Section 2, paragraph b, the Labor Arbiter shall schedule a
conference/hearing to thresh out matters relevant to execution.
SECTION 2. ISSUANCE OF A WRIT. - (a) Execution shall issue upon a
resolution or order that finally disposes of the actions or proceedings
after the counsel of record and the parties shall have been furnished
copies of the decision in accordance with these Rules but only after
expiration of the period of appeal if no appeal has been duly filed.
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No motion for execution shall be entertained nor a writ be issued
the Labor Arbiter/Commission is in possession of the records of the
which shall include an Entry of Judgment in case of appeal except that,
as provided for in Section 10 of Rule VI, and in those cases where
execution is allowed by law, the Labor Arbiter shall retain duplicate
copies of the decision to be implemented and proof of service thereof
the purpose of its immediate enforcement.
3. ISSUANCE OF PARTIAL WRIT PENDING APPEAL. - In case the decision
an order of reinstatement, the Labor Arbiter shall immediately issue a
partial writ of execution even pending appeal directing the employer to
immediately reinstate the dismissed employee either physically or
payroll and to pay the corresponding salaries as a consequence of the
SECTION 4. EFFECT OF PERFECTION OF APPEAL ON EXECUTION. - The
of appeal shall stay the execution of the decision of a Labor Arbiter
appeal except partial execution for reinstatement pending appeal.
SECTION 5. COMPUTATION DURING EXECUTION. - Where further computation of
the decision, resolution or order is necessary, no execution shall
until after computation shall have been approved by the Labor Arbiter
an order after the parties shall have been duly notified and heard
SECTION 6. EFFECT OF FILING OF PETITION FOR CERTIORARI ON EXECUTION. -
A petition for certiorari with the Court of Appeals or the Supreme
shall not stay the execution of the assailed decision unless a
restraining order is issued by the Court of Appeals or the Supreme
7. ENFORCEMENT OF WRIT. - In executing an order, resolution or
the sheriff or other authorized officer acting as such, shall be guided
strictly by the Sheriff's Manual (NLRC Manual on Execution of Judgment)
which shall form part of these Rules, and in the absence of applicable
rules, the revised Rules of Court, as amended.
SECTION 8. RESOLUTION OF MOTION TO QUASH. - A motion to quash shall be
resolved by the Labor Arbiter within ten (10) days from submission of
motion for resolution.
SECTION 9. RESOLUTION OF THIRD PARTY CLAIM. - Should a third
claim be filed during execution of the judgment award, the third party
claimant shall execute an affidavit stating his title to property or
thereof with supporting evidence and shall file the same with the
and copies thereof served upon the Labor Arbiter or proper officer
the writ. Upon receipt of the third party claim, all proceedings, with
respect to the execution of the property subject of the third party
shall automatically be suspended. The Labor Arbiter who issued the writ
may require the third party claimant to adduce additional evidence in
of his third party claim and to post a cash or surety bond equivalent
the amount of his claim, as provided for in Section 6, Rule VI, without
prejudice to the posting by the prevailing party of a supersedeas bond
in an amount equivalent to that posted by the third party claimant, and
resolve the propriety of such claim within ten (10) working days from
of the claim for resolution.
SECTION 10. DESIGNATION OF SPECIAL SHERIFFS AND IMPOSITION OF FINES. -
The Chairman of the Commission may designate special Sheriffs and take
any measure, under existing laws to ensure compliance with the
resolutions or orders of the Commission and those of Labor Arbiters,
the imposition of administrative fines which shall not be less than
nor more than P10,000.00.
SECTION 1. POLICY AND PURPOSE. - It is the declared policy and purpose
of certification of labor disputes for compulsory arbitration to ensure
and maintain industrial peace based on social justice and national
by having a full and complete settlement or adjudication of all labor
between the parties, as well as issues that are relevant to or
of the certified issues.
SECTION 2. CERTIFIED LABOR DISPUTES. - Certified labor disputes are
certified to the Commission for compulsory arbitration under Article
(g) of the Labor
SECTION 3. EFFECTS OF CERTIFICATION. - (a) Upon certification, the
or impending strike or lockout is automatically enjoined,
the filing of any motion for reconsideration of the certification order
nor the non-resolution of any such motion which may have been duly
to the Office of the Secretary of Labor and Employment. If a work
has already taken place at the time of the certification, all striking
or locked out employees shall immediately return to work and the
shall immediately resume operations and readmit all workers under the
terms and conditions prevailing before the strike or lockout.
All cases between the same parties, except where the certification
specifies otherwise the issues submitted for arbitration which are
filed or may be filed, and are relevant to or are proper incidents of
certified case, shall be considered subsumed or absorbed by the
case, and shall be decided by the appropriate Division of the
parties to a certified case, under pain of contempt, shall inform their
counsels and the Division concerned of all cases pending with the
Arbitration Branches and Voluntary Arbitrators relative or incident to
the certified case before it.
a certified labor dispute involves a business entity with several
located in different regions, the Division having territorial
over the principal office of the company shall acquire jurisdiction to
decide such labor dispute; unless the certification order provides
SECTION 4. EFFECTS OF DEFIANCE. - Non-compliance with certification
of the Secretary of Labor and Employment or a return to work order of
Commission shall be considered an illegal act committed in the course
the strike or lockout and shall authorize the Commission to enforce the
same under pain of loss of employment status or entitlement to full
benefits from the locking-out employer or backwages, damages and/or
positive and/or affirmative reliefs, even to criminal prosecution
the liable party/ies.
Commission may also seek the assistance of law enforcement agencies to
ensure compliance/enforcement of its orders/resolutions.
SECTION 5. EXECUTION OF CERTIFIED CASE. - The Commission shall issue an
order of execution upon motion of the parties and upon receipt of entry
SECTION 1. DIRECT CONTEMPT. - The Chairman or Commissioner/s or any
Arbiter may summarily adjudge guilty of direct contempt any person
any act of misbehavior in the presence of or so near the Chairman or
Commissioner or Labor Arbiter as to obstruct or interrupt the
before the same, including disrespect toward said officials, offensive
acts toward others, or refusal to be sworn or to answer as a witness or
to subscribe to an affidavit or deposition when lawfully required to do
so. If the offense is committed against the Commission or any member
the same shall be punished by a fine not exceeding five hundred pesos
or imprisonment not exceeding five (5) days, or both; and, if the
is committed against any Labor Arbiter, the same shall be punished by a
fine not exceeding one hundred pesos (P100.00) or imprisonment not
one (1) day, or both.
person adjudged guilty of direct contempt by a Labor Arbiter may,
a period of five (5) calendar days from notice of the judgment, appeal
the same to the Commission and the execution of said judgment shall be
suspended pending resolution of the appeal upon the filing by said
of a bond on condition that he will abide by and perform the judgment
the appeal be decided against him. A judgment of the Commission on
contempt shall be immediately executory and inappealable.
SECTION 2. INDIRECT CONTEMPT. - The Commission or any Labor Arbiter may
also cite any person for indirect contempt upon the following grounds:
SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. - A preliminary
or restraining order may be granted by the Commission through its
pursuant to the provisions of paragraph (e) of Article 218 of the Labor
Code, as amended
, when it is established on the basis of the sworn
allegations in the petition that the acts complained of involving or
from any labor dispute before the Commission, which, if not restrained
or performed forthwith, may cause grave or irreparable damage to any
or render ineffectual any decision in favor of such party.
certification of non-forum shopping shall accompany the petition for
writ of preliminary injunction or temporary restraining order shall
effective only upon posting of the required cash bond in the amount to
be determined by the Commission to answer for any damage that may be
by the party enjoined, if it is finally determined that the petitioner
is not entitled thereto.
SECTION 2. INJUNCTION IN STRIKES OR LOCKOUTS. - A temporary or
injunction may be granted by the Commission only after hearing the
of witness/es and with opportunity for cross-examination in support of
the allegations of the complaint or petition made under oath, and
by way of opposition thereto, if offered, and only after a finding of
by the Commission:
That prohibited or unlawful acts have been threatened and will be
and will be continued unless restrained, but no injunction or temporary
restraining order shall be issued on account of any threat, prohibited
or unlawful act, except against the person or persons, association or
making the threat or committing the prohibited or unlawful act or
authorizing or ratifying the same after actual knowledge thereof.
That substantial and irreparable injury to complainant's property will
That as to each item of relief to be granted, greater injury will be
upon the complainant by the denial of relief than will be inflicted
defendants by the granting of relief;
That complainant has no adequate remedy at law; and
That the public officers charged with the duty to protect complainant's
property are unable or unwilling to furnish adequate protection.
3. TEMPORARY RESTRAINING ORDER; REQUISITES. - If the petitioner shall
allege that, unless a temporary restraining order shall be issued
notice, a substantial and irreparable injury to complainant's property
will be unavoidable, such a temporary restraining order may be issued
testimony under oath, or by affidavits of the petitioner's witnesses,
if sustained, to justify the Commission in issuing a temporary
4. HEARING; NOTICE THEREOF. - Such hearing shall be held after due and
personal notice thereof has been served, in such manner as the
shall direct, to all known persons against whom relief is sought, and
to the Chief Executive and other public officials of the province or
within which the unlawful acts have been threatened or committed
with the duty to protect complainant's property.
5. RECEPTION OF EVIDENCE; DELEGATION. - The reception of evidence for
application of a writ of injunction may be delegated by the Commission
to any of its Labor Arbiters who shall conduct such hearings in such
as he may determine to be accessible to the parties and their
and shall thereafter submit his report/recommendation to the Commission
within fifteen (15) days from such delegation.
6. OCULAR INSPECTION. - The Chairman, any Commissioner, Labor
or their duly authorized representative/s, may at any time during
hours, conduct an ocular inspection on any establishment, building,
or vessel, place or premises, including any work, material, implement,
machinery, appliance or any object therein, and ask any employee,
or any person, as the case may be, for any information or data
any matter or question relative to the object of the petition.
ocular inspection reports shall be submitted to the appropriate
within twenty-four (24) hours from the conduct thereof.
SECTION 7. CASH BOND. - No temporary restraining order or temporary
shall be issued except on condition that petitioner shall first file an
undertaking to answer for the damages and post a cash bond in the
not less than thirty thousand pesos (P30,000.00) or as may be
by the Commission, to recompense those enjoined for any loss, expense
damage caused by the improvident or erroneous issuance of such order or
injunction, including all reasonable costs, together with a reasonable
attorney's fee, and expense of defense against the order or against the
granting of any injunctive relief sought in the same proceeding and
denied by the Commission.
8. EFFECTIVITY OF THE TEMPORARY RESTRAINING ORDER. - A temporary
order shall be effective for no longer than twenty (20) days and shall
become void at the expiration of said twenty (20) days. During the said
period, the parties shall be required to present evidence to
their respective positions in the main petition.
9. EFFECTS OF DEFIANCE. - The order or resolution enjoining the
of illegal acts shall be immediately executory in accordance with the
thereof. Non-compliance with such order or resolution, the Commission
impose such sanctions and shall issue such orders as may be necessary
implement the said Order or Resolution, including the enlistment of law
enforcement agencies having jurisdiction over the area for the purpose
of enforcing the same.
10. ORDINARY REMEDY IN LAW OR IN EQUITY. - Nothing in this Rule
deprive any party having a claim or cause of action under or upon such
undertaking from electing to pursue his ordinary remedy by suit at law
or in equity.
SEAL AND RECORDS, AND POWERS AND DUTIES OF COMMISSION OFFICIALS
SECTION 1. SEAL OF THE COMMISSION. - The seal of the National Labor
Commission shall be of standard size, circular, with the inscription,
from left to right on the upper outside edge, the words NATIONAL LABOR
RELATIONS COMMISSION, and the lower outside edge, the words REPUBLIC OF
THE PHILIPPINES, with a design at the center containing the coat of
of the Department of Labor and Employment.
SECTION 2. THE EXECUTIVE CLERK. - The Executive Clerk shall assist the
Commission when sitting
en banc and, when acting thru the First
Division, shall perform such similar or equivalent functions and duties
as are discharged by the Clerk of Court of the Court of Appeals.
SECTION 3. DEPUTY EXECUTIVE CLERKS. - The Deputy Executive Clerks for
Second, Third, Fourth and Fifth Divisions shall assist the Commission
acting thru its Division and shall perform similar functions and duties
as discharged by the Deputy Clerks of Court of the Court of Appeals and
as enumerated herein as functions of the Executive Clerk relative to
SECTION 4. DUTIES AND FUNCTIONS OF THE EXECUTIVE CLERK/DEPUTY EXECUTIVE
CLERKS. - (a) Custody of Seal and Books. He shall keep in his care and
custody the Seal of the Commission, together with all the books
for the recording of the proceedings of the Commission, including the
files and exhibits;
Filing of Pleadings. - He shall receive and file all cases/pleadings
documents indicating thereon the date and time filed. All pleadings
be filed in three (3) legibly typewritten copies in legal size;
Raffle/Assignment of Cases. - He shall assign appealed cases for
strictly by raffle or as directed by the Chairman. In this
the raffle of cases for study/report must be attended by the duly
representative of the Members of the appropriate Division;
Service of Processes, Orders, Decisions. - He shall serve parties and
processes, notices of hearings, copies of Decisions/Resolutions/Orders
issued by the Commission by mail or by personal service and immediately
attach the returns thereof to the records;
Commission Calendar/Minutes Book. - He shall prepare the
calendars of sessions, attend such sessions personally and immediately
prepare the Minutes thereof. For this purpose, he shall keep a Minutes
General Docket. - The Executive Clerk shall keep a General Docket for
Commission, each page of which shall be numbered and prepared for
all the entries in a single page, and shall enter therein all original
and appealed cases before it, numbered consecutively in the order in
they were received and, under the heading of each case, the date and
of each pleading filed, of each order, decision or resolution entered,
and of each other step or action taken in the case; so that, by
to any single page, the history of the case may be known;
Promulgation/Promulgation Book. He shall promulgate Decisions/Final
on the same date the same is filed with his office and indicate the
and time of promulgation and attest the same by his signature on the
page thereof. He shall immediately furnish the Chairman with a copy of
such decision/resolution/order with a summary of the nature thereof and
the issue involved therein. He shall keep a Promulgation Book which
the date and time of promulgation, the case number, title of the case,
the ponente, the nature of the Decision/Final Decision and the
taken by the Commission by quoting the dispositive portion
Notices of said Decisions/Resolutions/Orders shall be sent in sealed
to parties/counsel within forty-eight (48) hours from promulgation;
Entry of Judgment. - He shall keep a Book of Entries of Judgment,
Resolutions, Orders containing in chronological order the entries of
final Orders, Decisions, Resolutions of the Commission;
Disposition/Remand of Records. - Upon entry of judgment, he shall
remand the records of the case to the Arbitration Branch of origin,
Director or his duly authorized officer, as the case may be. The
Section shall immediately post said records without delay within two
Monthly Accomplishment Reports. He shall submit a Monthly
Report of the Commission/Division not later than the 7th day of the
Other functions. - He shall perform other functions as directed by the
Chairman or the Commission en banc.
5. ISSUANCE OF CERTIFIED COPIES. - Unless otherwise restricted by
7 hereof, the Executive Clerk/Deputy Executive Clerk shall prepare, for
any person asking for the same, a certified copy, under the Seal of the
Commission, of any paper, record, decision, resolution, order or entry
by and in his office, proper to be certified, after payment of the
fees to the Commission duly receipted for; provided, that a pauper
as defined by law, shall be exempted from paying any fee for certified
copies of any document, including transcripts of stenographic notes.
6. POWER TO ADMINISTER OATH. - The Chairman, Members of the Commission,
the Executive Clerk, the Deputy Executive Clerks, the Executive Labor
the Labor Arbiters, and other persons designated or commissioned by the
Chairman of the Commission, shall have the power to administer oath on
all matters or proceedings related to the performance of their duties.
7. ACCESS TO COMMISSION RECORDS. - All official records of the
shall be open to the public during regular office hours, except those
by it in the nature of confidential reports, records or communications
which cannot be divulged without violating private rights or
the public interest. Minutes of hearings/sessions may not be divulged
after promulgation of the Decision/Resolution.
SECTION 1. EFFECTIVITY. - These Rules shall take effect fifteen (15)
after their publication in two (2) newspapers of general circulation.
City, Philippines, August 31, 1990.
Resolution No. 01-02, amending certain
of the New Rules of Procedure of the NLRC, promulgated on
12, 2002, was published in the
Philippine Daily Inquirer and Manila
Standard on March 3, 2002 and took effect on March 18, 2002. The
was signed by Chairman Roy V. Señeres, Commissioners Vicente
Veloso III, Alberto R. Quimpo, Raul T. Aquino, Victoriano R. Calaycay,
Angelita A. Gacutan, Lourdes C. Javier, Ireneo B. Bernardo, Tito F.
Irenea E. Ceniza, Edgardo M. Enerlan, Oscar S. Uy, Salic B. Dumarpa,
G. Gonzaga, Jr., Oscar N. Abella and attested by Acting Executive Clerk
Perlita B. Velasco.