Section 1. Article 213 of the Presidential
Decree 442, as amended, otherwise known as the Labor Code of the
Philippines, is hereby amended to read as follows:
"ART.
213. National Labor Relations
Commission. - There shall be a National
Labor Relations Commission which shall be attached to the Department of
Labor and Employment solely for program and policy coordination only,
composed of a Chairman and twenty-three (23) Members.
"Eight (8) members each shall be
chosen only from among the nominees of the workers and employers
organizations, respectively. The Chairman and the seven (7) remaining
members shall come from the public sector, with the latter to be chosen
preferably from among the incumbent labor arbiters.
"Upon assumption into office,
the members nominated by the workers and employers organizations shall
divest themselves of any affiliation with or interest in the federation
or association to which they belong.
"The Commission may sit en banc
or in eight (8) divisions, each composed of three (3) members. The
Commission shall sit en banc only for purposes of promulgating rules
and regulations governing the hearing and disposition of cases before
any of its divisions and regional branches and formulating policies
affecting its administration and operations. The Commission shall
exercise its adjudicatory and all other powers, functions, and duties
through its divisions. Of the eight (8) divisions, the first, second
third, fourth, fifth and sixth divisions shall handle cases coming from
the National Capital Region and other parts of Luzon; and the seventh
and eight divisions, cases from the Visayas and Mindanao, respectively:
Provided, That the Commission sitting en banc may, on temporary or
emergency basis, allow cases within the jurisdiction of any division to
be heard and decided by any other division whose docket allows the
additional workload and such transfer will not expose litigants to
unnecessary additional expenses. The divisions of the Commission shall
have exclusive appellate jurisdiction over cases within their
respective territorial jurisdiction.
"The concurrence of two (2)
Commissioners of a division shall be necessary for the pronouncement of
a judgment or resolution. Whenever the required membership in a
division is not complete and the concurrence of two (2) Commissioners
to arrive at a judgment or resolution cannot be obtained, the Chairman
shall designate such number of additional Commissioners from the other
divisions as may be necessary.
"The conclusions of a division
on any case submitted 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 mandatory for the division to meet for
purposes of the consultation ordained therein. A certification to this
effect signed by the Presiding Commissioner of the division shall be
issued, and a copy thereof attached to the record of the case and
served upon the parties.
"The Chairman shall be the
Presiding Commissioner of the first division, and the seven (7) other
members from the public sector shall be the Presiding Commissioners of
the second, third, fourth, fifth, sixth, seventh and eight divisions,
respectively. In case of the effective absence or incapacity of the
Chairman, the Presiding Commissioner of the second division shall be
the Acting Chairman.
"The Chairman, aided by the
Executive Clerk of the Commission, shall have exclusive administrative
supervision over the Commission and its regional branches and all its
personnel, including the Labor Arbiters.
"The Commission, when sitting en
banc, shall be assisted by the same Executive Clerk, and, when acting
thru its Divisions, by said Executive Clerk for its first division and
seven (7) other Deputy Executive Clerks for the second, third, fourth
fifth, sixth, seventh and eight divisions, respectively, in the
performance of such similar or equivalent functions and duties as are
discharged by the Clerk of Court and Deputy Clerks of Court of the
Court of Appeals.
"The Commission and its eight
(8) divisions shall be assisted by the Commission Attorneys in its
Appellate and adjudicatory functions whose term shall be coterminous
with the Commissioners with whom they are assigned. The Commission
Attorneys shall be members of the Philippine Bar with at least one (1)
year experience or exposure in the field of labor-management relations.
They shall receive annual salaries and shall be entitled to the same
allowances and benefits as those falling under Salary Grade twenty-six
(SG 26). There shall be as many Commission Attorneys as may be
necessary for the effective and efficient operations of the Commission
but in no case more than three (3) assigned to the Office of the
Chairman and each Commissioner."
"No Labor Arbiter shall be
assigned to perform the functions of the Commission Attorney nor
detailed to the office of any Commissioner."
Sec. 2. Article 214 of the Labor Code is hereby amended to read as
follows.
"ART.
214. Headquarters, Branches and Provincial Extension Units. - The
Commission and its first, second, third, fourth, fifth and sixth
divisions shall have their main offices in Metropolitan Manila, and the
seventh and eight divisions in the cities of Cebu and Cagayan de Oro,
respectively. The Commission shall establish as many regional branches
as there are regional offices of the Department of Labor and
Employment, sub-regional branches or provincial extension units. There
shall be as many Labor Arbiters as may be necessary for the effective
and efficient operation of the Commission.
Sec. 3. Article 215 of the Labor Code is hereby amended to read as
follows:
"ART. 215. Appointment and
Qualifications. - The Chairman and other Commissioners shall be
members of the Philippine Bar and must have been engaged in the
practice of law in the Philippines for at least fifteen (15) years,
with at least five (5) years experience or exposure in the field of
labor-management relations, and shall preferably be residents of the
region where they shall hold office. The Labor Arbiters shall likewise
be members of the Philippine Bar and must have been engaged in the
practice of law in the Philippines for at least ten (10) years, with at
least five (5) years experience or exposure in the field of
labor-management relations.
"The Chairman, and the other
Commissioners and the Labor Arbiters shall hold office during good
behavior until they reach the age of sixty-five (65) years, unless
sooner removed for cause as provided by law or become incapacitated to
discharge the duties of their office. Provided, however, That the
President of the Republic of the Philippines may extent the services of
the Commissioners and Labor Arbiters up to the maximum age of seventy
(70) years upon the recommendation of the Commission en banc.
"The Chairman, the Division
Presiding Commissioners and other Commissioners shall all be appointed
by the President. Appointment to any vacancy in a specific division
shall come only from the nominees of the sector which nominated the
predecessor. The Labor Arbiters shall also be appointed by the
President, upon recommendation of the Commission en banc to a specific
arbitration branch, preferably in the region where they are residents,
and shall be subject to the Civil Service Law, rules and regulations:
Provided, that the labor arbiters who are presently holding office in
the region where they are residents shall be deemed appointed thereat.
"The Chairman and the
Commission, shall appoint the staff and employees of the Commission,
and its regional branches as the needs of the service may require,
subject to the Civil Service Law, rules and regulations, and upgrade
their current salaries, benefits and other emoluments in accordance
with law."
Sec. 4. Article 216, as amended, is hereby further amended to read as
follows:
"ART.
216. Salaries, benefits and other emoluments. The Chairman and members
of the Commission shall have the same rank, receive an annual salary
equivalent to, and be entitled to the same allowances, retirement and
benefits as, those of the Presiding Justice and Associate Justices of
the Court of Appeals, respectively. Labor Arbiters shall have the same
rank, receive an annual salary equivalent to and be entitled to the
same allowances, retirement and other benefits and privileges as those
of the judges of the regional trial courts. In no case, however, shall
the provision of this Article result in the diminution of the existing
salaries, allowances and benefits of the aforementioned officials."
Sec. 5. Implementation. - The creation of the additional divisions
shall be implemented for a period of not more than three (3) years
Sec. 6. Separability Clause. - If any part, section or provision of
this Act shall be held invalid or unconstitutional, the other
provisions shall not be affected thereby.
Sec. 7. Repealing Clause. - Presidential Decree 442, as amended,
otherwise known as the Labor Code of the Philippines, and all other
acts, laws, executive orders, presidential issuances, rules and
regulations or any part thereof which are inconsistent herewith are
hereby deemed repealed or modified accordingly.
Sec. 8. Effectivity. - This Ac shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two
newspapers of general circulation, whichever comes earlier.
(Note: Lapsed into law on July 27,
2006, without the signature of the President,
in accordance with Article VI, Section 27 (1) of the Constitution)
|