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THE
LABOR CODE
OF THE
PHILIPPINES
,
ANNOTATED
Volume
II
LAW ON LABOR
RELATIONS
AND
TERMINATION OF EMPLOYMENT
[Articles
211 to 302, Labor Code]
2007 e-Book Edition
By:
JOSELITO
GUIANAN CHAN
Practising
Lawyer, Professor of Law and Bar Reviewer
PRESIDENTIAL
DECREE NO. 643
AMENDING
SECTION 42 OF PRESIDENTIAL DECREE NO. 570-A AMENDING CERTAIN PROVISIONS
OF
PRESIDENTIAL DECREE NO. 442, ENTITLED “LABOR CODE OF THE PHILIPPINES”
WHEREAS,
Article 42
of Presidential Decree No. 570-A introduced an appellate system which
tends to
hamper the administrative character of the labor relations system
established
under Book V of the Labor Code by limiting the freedom and authority of
the
President to deal effectively and expeditiously with labor disputes;
WHEREAS,
the
national interest during a critical period of history requires the
exercise of
full jurisdiction by the President of the Philippines over such cases;
WHEREAS,
consistent with this policy, the Secretary of Labor should maintain the
responsibility of passing upon such cases as the penultimate appellate
level
prior to final appeal to the President of the Philippines as originally
provided for in Presidential Decree No. 21.
NOW,
THEREFORE, I,
FERDINAND E. MARCOS, President of the Republic of the Philippines, by
virtue of
the powers vested in me by the Constitution, do hereby order and decree
that
Section 32 and 42 of Presidential Decree No. 570-A be further amended
to read
as follows:
“Sec.
32. This
Section which adds paragraph (o) to the last paragraph of Article 261
of the
Code as renumbered is hereby deleted.
“Sec.
42. Article 302 is hereby renumbered and
amended
to read as follows:
“Art.
272. Appeal.
— Decisions, awards, or orders of the labor arbiters or compulsory
arbitrators
are final and executory unless appealed to the Commission by any or
both of the
parties within ten (10) days from receipt of such awards, orders, or
decisions.
Such appeal may be entertained only on any of the following grounds:
(a)
If there
is prima-facie evidence of abuse or discretion on the part of the labor
arbiter
or compulsory arbitrator;
(b)
If the
decision, order, or award was secured through fraud or coercion,
including
graft and corruption;
(c)
If made
purely on questions of law; and
(d)
If serious
errors in the findings of facts are raised which would cause grave or
irreparable damage or injury to the appellant.
To
discourage frivolous or dilatory appeals, the Commission or the Labor
Arbiter shall impose reasonable penalty, including fines or censures,
upon the
erring parties.
In
all cases, the appellant shall furnish a copy of the memorandum of
appeal to the other party who shall file an answer not later than ten
(10) days
from receipt thereof.
The
Commission
shall decide all cases within twenty (20) working days from receipt of
the
answer of the appellee.
The
decision of
the Commission is appealable to the Secretary of Labor on any of the
following
grounds:
(a)
If there
is a prima-facie evidence of abuse of discretion;
(b)
If made
purely on questions of law; and
(c)
If there
is a showing that the national security or social and economic
stability is
threatened.
The
decision of the Commission shall be immediately executory, even
pending appeal, unless stayed by an order of the Secretary of Labor for
special
reasons. The decision of the Secretary of Labor shall be immediately
executory,
even pending appeal, unless stayed by an order of the President. The
Philippine
Constabulary and other law-enforcement agencies may be deputized by the
Secretary of Labor in the enforcement of orders, decisions, or awards.
Decisions
of the Secretary of Labor may be appealed to the President of
the Philippines subject to such conditions or limitations as the
President may
direct.”
This
Decree shall
take effect on January 21, 1975.
DONE
in the City of Manila, this 21st of January, in the year of
Our
Lord, nineteen hundred and seventy-five.
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