NATIONAL LABOR RELATIONS COMMISSION

NLRC

Autonomous for it is attached to the DOLE for program and policy coordination only.

 

Philosophy of its creation

Facilitate speedy justice

 

Trisect oral composition

Chairman and 23 members shall be chosen from the workers, employees, and the public sectors.

 

NLRC sits en banc only for:

1.    Promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches

2.    Formulating policies affecting its administration and operations

Sit in eight (divisions) each compose of three (3) members. The divisions of the NLRC have exclusive appellate jurisdiction over cases within their respective territorial jurisdiction.

            Concurrence of two (2) commissioners of the division shall be necessary for the pronouncement of a judgment or resolution; The chairman shall designate such number of additional commissioners from the other divisions as may be necessary if concurrence is not met. The territorial divisions do not confer exclusive jurisdiction to each division and are merely designated for administrative efficiency.

 

Headquarters of the NLRC

1st to sixth Division -Metropolitan Manila

Seventh Division -Cebu City

Eight Division -Cagayan De Oro City

All cases in which Labor Arbiters have jurisdiction ma be filed in the Regional Arbitration Branch which has territorial jurisdiction over the workplace of the complaint

 

Qualifications of commissioners

1.    Must be a member of the Philippine Bar

2.    Must have engaged in the practice of law in the Philippines for at least 15 years

3.    Must have experience or exposure in handling labor management relations for at least five (5) years

4.    Preferably a resident of the region where he is to hold office

 

Qualification of the Labor Arbiters

1.    Must be a member of the Philippine Bar

2.    Must have engaged in the practice of law in the Philippines for at least 10 years

3.    Must have experience or exposure in handling labor management relations for at least 5 years

 

Term of office; confirmation of appointment not needed

1.    Shall hold office until they reach the age of 65 years unless sooner removed for cause or become incapacitated to discharge the duties of their office

2.    The President may extend their hold in service until the maximum age of 70 upon the recommendation of the commission en banc.

 

Powers of the NLRC

1.    Rulemaking power

a.    The commission has the power to promulgate rules and regulations:

                                          i.    Governing the hearing and disposition of cases before it and its regional branches

                                        ii.    Pertaining to its internal functions

                                       iii.    As may be necessary to carry out the purpose of Republic Act 6715

2.    Power to issue compulsory processes (investigatory or inquisitorial power)

                                          i.    Administer oath

                                        ii.    Summon parties

                                       iii.    Issue subpoena ad testificandum and duces tecum

3.    Power to conduct investigation and hear disputes or controverts within its jurisdiction

                                          i.    Conduct investigations for the determination of a question, matter or controversy within its jurisdiction

                                        ii.    Proceed to hear and determine the disputes in the manner laid down in par (c.) Art. 225

4.    Power to hold any person in contempt

Direct contempt by the Labor Arbiter may be appealed to the commission and the execution of the judgment shall be suspended pending resolution of the appeal

Judgement of the commission in direct contempt is immediately executory and unappealable.

5.    Power to issue injunctions and restraining orders

                                          i.    Requirements must be strictly complied with for the issuance of a valid injunction

a.    Prohibited or unlawful acts have been threatened and will be committed unless restrained

b.    Substantial and irreparable injury to complainant’s property will follow

c.    Greater injury will be inflicted upon the complainant by a denial of the relief than will be inflicted upon the defendant by granting the relief

d.    Complainant has no adequate remedy at law

e.    The public officers charged with the duty to protect complainant’s property are unwilling to furnish adequate protection

f.     Due process of law must be observed.

                                        ii.    TRO is an interlocutory order which contemplates further hearing for the application of a temporary injunction upon notice to the adverse party. (see 41)

Jurisdiction/Appellate Jurisdiction (see page 43)

 

Power to conduct ocular inspection

The chairman, any commissioner, labor arbiter or their duly authorized representatives may, at any time during working hours:

1.    Conduct an ocular inspection on any establishment, building, ship, place or premises, including any work, material, implement, machinery, appliance or any object therein

2.    Ask any employee, laborer or any person, as the case may be, for any information or data concerning any matter or question relative to the object of the investigation

 

Rules of procedure and evidence in courts of law or equity shall not control labor proceedings. It is well settled that the application of technical rules of procedure and evidence may be relaxed I labor cases to serve the demands of substantial justice.

 

Position paper proceeding allowed; not violative of due process

Failure to submit position paper on time is not one of the grounds for the dismissal of a complaint in labor cases

The lack of verification of the position paper-affidavit is a formal, rather than substantial effect. It is not fatal in the case and could be easily corrected by requiring an oath.

 

Principle of res judicata may not be invoked in labor relations proceedings because proceedings in labor relations are non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law.

 

Rules of procedure are mere tools designed to facilitate the attainment of justice, and their strict and rigid application which would result in technicalities that tent to frustrate rather than promote substantial justice must always be avoided.

 

Appearance of non-lawyers

1.    If they represent themselves

2.    If they represent their organization or members thereof

3.    If he is a duly accredited ember of the legal aid office duly recognized by the DOJ or IBP in cases referred thereto by the latter.

The law prohibits the payment of attorney’s fees only when it is affected through forced contributions from the workers from their own funds as distinguished from the union funds. The obligation to pay the attorney’s fees belong to the union and cannot be shunted to the workers as their direct responsibility.

 

Concept of period to file appeal

Appeal means the elevation by an aggrieved party of any decision or award of a lower body to a higher body by means of a pleading which includes the assignment of errors, arguments in support thereof and in the relief prayed for.

Right to appeal is not a natural right or a component of due process but merely a statutory privileged and the party who seeks to avail of the same must comply with the requirements of the rules. Failure to do so, the right of appeal is lost.

Decision of the Labor Arbiter is appealable to the NLRC within 10 days upon the receipt of the decision or order (of the lawyer if represented by counsel and failure to notify the party by counsel is negligence which is not excusable; notice sent to counsel binds the client). Otherwise, the decision shall become final and executory and entitles the other party to a writ of execution.

10 days contemplated here is 10 calendar days and not working days.

The grounds for appeal are:

1.    If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter

2.    If the decision, order or award was secured through fraud or coercion, including graft and corruption

3.    If made purely on the question of law

4.    If serious errors in the finding of facts are raised which would cause grave or irreparable damage or injury to the appellant

 

 

Compliance with appeal period is mandatory jurisdictional and failure to conform to the rules will render the judgement sought to be reviewed final and unappealable.

Some exemption to compliance period:

1.    Excusable negligence

2.    The higher interest of substantial justice demands the relaxation of the rule to prevent miscarriage of justice or of unjust enrichment

3.    Due to special circumstances of the case with its attendant legal merit

4.    With due consideration of the amount and the issue involved in the case

 

If the 10th day falls on a Saturday

The Supreme Court ruled that the appeal may be made on the next working day on the principle that the law does not require the performance of an impossible act.

The commission and the Labor Arbiter have the power to impose reasonable penalties, including fines and censures, upon a party for filling a frivolous appeal.

 

Appeal seasonably filed benefits a co-party

It is settled principle of remedial law that a reversal of a judgement obtained by a party appealing from it also benefits a co-parry who had not appealed, or who had appealed out of time, where the rights sand liabilities of both parties under the modified decision are so interwoven and interdependent as to be substantively inseparable.

Final and executory judgement may no longer be modified (doctrine of immutability of final judgment); exception -motion of precomputation of back wages with interest -the re computation (by motion) of the consequences of illegal dismissal upon execution of the decision does not constitute an alteration or amendment of the final decision being implemented.

Motion for reconsideration is treated as an appeal. Even if filed on time, it should not be given due course by the labor arbiter as he already lost his legal authority to act on the same. Thus, the order of the labor arbiter reconsidering or modifying his decision being contrary to law is null and void. In Labor rules, no motion for reconsideration is entertained except in the nature of an appeal.

 

Perfection of an appeal “includes the filling, within the prescribed period, of the memorandum of appeal containing, among others, the assignment of errors, the argument in the support thereof, the reliefs sought, and the posting of the appeal bond.

Labor law determination should not only be secundum rationem but also secundum caritatem. Non service of the copy of the appeal or appeal memorandum to the adverse part is nor a jurisdictional deceit and does not justify dismissal of the appeal. The dismissal of an appeal on an employee’s appeal on a purely technical ground is inconsistent with the constitution’s mandate on protection of labor.

The broader interest of justice will be served by giving due course to the appeal despite the much-delayed payment of the docketing fee.

 

 

 

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