Beruflich Dokumente
Kultur Dokumente
REMEDIES REVIEWER
Compiled by:
JUSTIN RYAN D. MORILLA
A.Y. 2015-2016
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LAST UPDATED: 11/4/15
1) Interpretation or implementation of the CBA (Mandatory)
REMEDIES When an employer insists on an interpretation of an economic
Based from the Lectures of Father Agustin Nazareno of provision of the CBA that is lower than the benefit that the union’s
Ateneo de Davao University – College of Law interpretation of the same provision fetches, it is still within the purview
of the Grievance Machinery.
EDITOR’S TIP: For easier understanding, have with you the graph of
2) Interpretation or enforcement of company personnel policies
the labor justice system while reading this. Happy Studying!
(Mandatory)
3) All Other Matters defined as Grievance in the CBA (Optional
For the application of remedies, it assumes that the employee is not a
or Permissive)
government employee. Otherwise, the remedy maybe before either of
4) Disputes arising from wage distortions - Mandatory
the following:
With respect to the aforementioned cases, Labor Arbiter has
Civil Service Commission
jurisdiction BUT only to refer it to the Grievance Machinery.
Regular Courts – Independent Contracting
Department of Agrarian Reforms – Tenancy
ALL OTHER MATTERS DEFINED AS GRIEVANCE IN THE CBA –
refers to agreements which are not terms and conditions of work. If
How many fora are there in our Labor Justice System?
these things are included in the CBA, such inclusion is not converted
into a CBA. It is EXTRANEOUS to the CBA.
1) Labor Arbiter
2) Regional Director / Secretary of Labor
Examples: Right of first option to buy
3) POEA
4) Bureau of Labor Relations
5) Med-Arbiter When the Labor Arbiter is presented with a controversy arising from
6) Grievance Machinery other matters defined as a grievance (Option to buy), it does not
belong to the two (2) preceding classes of cases that are within the
mandatory jurisdiction of Grievance Machinery. His power is to give it
GRIEVANCE MACHINERY back to the parties. Their remedy is before the Regular Court as it calls
for the application of the Civil Code.
272. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION.
272. All grievances submitted to the grievance machinery which
are not settled WITHIN SEVEN (7) CALENDAR DAYS from the date
The parties to a Collective Bargaining Agreement shall include therein
of its submission shall AUTOMATICALLY be referred to voluntary
provisions that will ensure the mutual observance of its terms and
arbitration prescribed in the Collective Bargaining Agreement.
conditions. They shall establish a machinery for the adjustment
and resolution of grievances arising from the interpretation or
If it remains unresolved, it must be settled through VOLUNTARY
implementation of their Collective Bargaining Agreement and
ARBITRATION.
those arising from the interpretation or enforcement of company
personnel policies. WAGE DISTORTIONS
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PERIOD TO DECIDE: Such dispute shall be decided by the
VOLUNTARY ARBITRATOR VA WITHIN 10 CALENDAR DAYS from the time dispute
was referred to VA
In one of the exams, the statement was ―A voluntary arbitrator has no
power to order an ocular inspection of the workplace and, in the course EXCEPT: Parties otherwise agreed IN WRITING
of the same, compel any of the workers and management officials
present at the workplace to testify under oath under pain of contempt.‖ APPEAL
The answer is FALSE.
Aggrieved party has 15 DAYS TO FILE AN APPEAL (RULE 43) BUT
In PROCEDURAL GUIDELINES IN THE CONDUCT OF THE DECISION OF THE VOLUNTARY ARBITRATOR BECOMES
VOLUNTARY ARBITRATION PROCEEDINGS, it provides: FINAL AND EXECUTORY 10 DAYS FROM RECEIPT OF A COPY
THEREOF. If you want to appeal, you must serve notice to the
RULE V voluntary arbitrator, so that he will not issue an order of entry of
judgment of his award.
Powers and Authority of Voluntary Arbitrator and Panel of
Voluntary Arbitrators NOTE: Not all grievances, however, necessarily end with voluntary
arbitration. If it ends up with dismissal, normally, the union will not elect
SECTION 2. Compulsory Powers. — The voluntary arbitration or voluntary arbitration because voluntary arbitration requires payment.
panel of voluntary arbitrators shall have the power to require any Also, terminations are under the original and exclusive jurisdiction of
person to attend hearing/s as a witness. They shall have the power to the labor arbiter [See 224(217)]. So, once termination has occurred,
subpoena witnesses and documents when the relevancy of the they will file for illegal dismissal with the Labor Arbiter.
testimony and the materiality thereof have been demonstrated to the
arbitrators. CAN THE DECISION OF THE VA BE APPEALED? Unlike in US, the
decisions of the Voluntary Arbitrator in the Philippines may be
RULE VI appealed to the COURT OF APPEALS. Perhaps, this is a recognition
that the VA may be corrupt or might be subject to the collusion of the
Proceedings before Voluntary Arbitrator parties.
Section 6(4) The arbitrator may take an ocular inspection of any matter
or premises which are in dispute, but such inspection shall be made Grievance Voluntary
only in the presence of all parties to the arbitration, unless any party
who shall have received notice thereof fails to appear, in which event
Machinery Arbitrator
such inspection shall be made in the absence of such party.
Art. 124. Standards/Criteria for minimum wage fixing. X X X Any In the same vein, it is worth mentioning that under Section 22 of
dispute arising from wage distortions shall be resolved through Republic Act No. 876, also known as the Arbitration Law, arbitration is
the grievance procedure under their collective bargaining deemed a special proceeding of which the court specified in the
agreement and, if it remains unresolved, through voluntary contract or submission, or if none be specified, the Regional Trial Court
arbitration. Unless otherwise agreed by the parties in writing, for the province or city in which one of the parties resides or is doing
such dispute shall be decided by the voluntary arbitrators within business, or in which the arbitration is held, shall have jurisdiction. A
ten (10) calendar days from the time said dispute was referred to party to the controversy may, at any time within one (1) month after an
voluntary arbitration. award is made, apply to the court having jurisdiction for an order
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confirming the award and the court must grant such order unless the
award is vacated, modified or corrected. 19 MED ARBITER
In effect, this equates the award or decision of the voluntary arbitrator 1) LOCAL UNION INTRA UNION DISPUTES FOR
with that of the regional trial court. Consequently, in a petition VIOLATION OF
for certiorari from that award or decision, the Court of Appeals must be
deemed to have concurrent jurisdiction with the Supreme Court. As a a. CONSTITUTION AND BY-LAWS
matter of policy, this Court shall henceforth remand to the Court of b. RIGHTS AND CONDITIONS OF MEMBERSHIP
Appeals petitions of this nature for proper disposition. UNDER 249 (241)
RULE 43 OF THE RULES OF COURT. Section 1. Scope. — This Each one of the rights and conditions of
Rule shall apply to appeals from judgments or final orders of the Court membership in a labor organization may give rise,
of Tax Appeals and from awards, judgments, final orders or resolutions if violated, to an INTRA-UNION CONTROVERSY,
of or authorized by any quasi-judicial agency in the exercise of its which can be subject to a complaint under the
quasi-judicial functions. Among these agencies are the … and jurisdiction of the Med-Arbiter.
voluntary arbitrators authorized by law.
Complaints arising from Article 249 (241) of the
Labor Code on Rights and Conditions of Union
Section 2. Cases not covered. — This Rule shall not apply to
membership need not be first submitted for
judgments or final orders issued under the Labor Code of the
conciliation and mediation with the NCMB before
Philippines. (n)
the same can be filed with the Med-Arbiter.
G.R. No. 149050 March 25, 2009 An example of local union INTRA-UNION DISPUTE is when a
member of a union is charged with DISLOYALTY for campaigning for
SAMAHAN NG MGA MANGGAGAWA SA HYATT - NUWHRAIN- another union before the 60 day freedom period.
APL, Petitioner,
vs. Other Examples of Intra-Union Disputes: Violation of the rights and
VOLUNTARY ARBITRATOR FROILAN M. BACUNGAN and HYATT conditions of membership in a Labor Organization, Election protests
REGENCY MANILA, Respondents.
This presupposes that internal remedies of the union itself found in
The question on the proper recourse to assail a decision of a voluntary the CBL (which may be the same at that of the federation, if union is a
arbitrator has already been settled inLuzon Development Bank v. local) have already been exhausted.
Association of Luzon Development Bank Employees, where the Court
held that the decision or award of the voluntary arbitrator or panel of WHERE FILED: It is FILED WITH THE MED ARBITER who is
arbitrators should likewise be appealable to the Court of Appeals, in attached to the Regional Office of DOLE. It is NOT FILED WITH THE
line with the procedure outlines in Revised Administrative Circular No. REGIONAL DIRECTOR.
1-95 (now embodied in Rule 43 of the 1997 Rules of Civil Procedure),
just like those of the quasi-judicial agencies, boards and commissions The Med-Arbiter has NO POWER TO AWARD DAMAGES IN AN
enumerated therein, and consistent with the original purpose to provide INTRA-UNION DISPUTE.
a uniform procedure for the appellate review of adjudications of all
quasi-judicial entities. If the Med-Arbiter decides against the union member, he can appeal to
the Secretary of DOLE.
Subsequently, in Alcantara, Jr. v. Court of Appeals, and Nippon Paint
Employees Union v. Court of Appeals, the Court reiterated the NOTE:
aforequoted ruling. In Alcantara, the Court held that notwithstanding
Section 2 of Rule 43, the ruling in Luzon Development Bank still
If it is in METRO MANILA, the Director does not review the
stands. The Court explained, thus:
decision of the Med-Arbiter; it is the secretary of labor.
The provisions may be new to the Rules of Court but it is far from
being a new law. Section 2, Rules 42 of the 1997 Rules of Civil Med DOLE Court of Supreme
Procedure, as presently worded, is nothing more but a reiteration of Arbiter Secretary Appeals Court
the exception to the exclusive appellate jurisdiction of the Court of
Appeals, as provided for in Section 9, Batas Pambansa Blg. 129, as
amended by Republic Act No. 7902: If it comes from the PROVINCES OTHER THAN THE NCR,
it can happen that the decision of the med arbiter is reviewed
(3) Exclusive appellate jurisdiction over all final judgments, decisions, by the Director of the BLR.
resolutions, orders or awards of Regional Trial Courts and quasi-
judicial agencies, instrumentalities, boards or commissions, including o From the decision of the director of BLR, you go
the Securities and Exchange Commission, the Employees’ now to the Court of Appeals. You do not pass
Compensation Commission and the Civil Service Commission, except through the Secretary. The Secretary has no
those falling within the appellate jurisdiction of the Supreme Court in power to review the decision of the director of the
accordance with the Constitution, the Labor Code of the Philippines BLR.
under Presidential Decree No. 442, as amended, the provisions of this
Act and of subparagraph (1) of the third paragraph and subparagraph
(4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948. Med Court of Supreme
BLR
Arbiter Appeals Court
2) ELECTION OF OFFICERS
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Example: A. PROVISIONAL PERSONALITY – The mere issuance by the
federation of a charter certificate to a local is for the purpose
Election was not made thru secret ballot. One of filing a petition for certification election.
nominated a roster of officers, another seconded
and moved to close the nomination. No voting took B. FULL PERSONALITY - After submitting the additional
place since there was only one set of officers that supporting documents, apart from filing a petition for
was nominated. certification election, you can now file a complaint for and in
behalf of the members.
3) CBA REGISTRATION
NOTE: A breakaway faction of a labor federation can, after notice and
Registration of the CBA is one of the POST NEGOTIATION hearing, be granted by the Med-Arbiter a separate federation license.
MANDATORY ACTIVITIES.
As to revocation, there are now only three (3) grounds provided in
This requires: Article 239, as amended:
Affidavit by the President Art. 239. Grounds for cancellation of union registration. The
Attested by the Secretary following shall constitute grounds for cancellation of union registration:
That the CBA was posted in 2 conspicuous places in the
workplace (1) Misrepresentation, false statement or fraud in connection with the
That is has been ratified by the majority of all the members adoption or ratification of the constitution and by-laws or amendments
in the bargaining unit thereto, the minutes of ratification and the list of members who took
Payment of P1000 part in the ratification;
When there are issues as to the posting of the CBA or proper (2) Misrepresentation, false statements or fraud in connection with the
ratification, it shall be brought before the Labor Arbiter. election of officers, minutes of the election of officers, the list of voters;
INDEPENDENT REGISTRATION LOCAL REGISTRATION Just like in the Law on Obligations and Contracts, there has to be a
substantial breach.
P50 Registration Fee For a local to be entitled to other Thus, you must point out an irregularity that is substantial in nature.
Names of officers, rights and privileges of a
Addresses, Principal Legitimate Labor Organization
address of the Labor (LLO) (for purposes other than 5) VISITORIAL POWER UNDER ARTICLE 274 (INQUIRE
Organization, Minutes filing a petition for certification INTO UNION FINANCIAL ACTIVITIES)
of Organizational election), it shall submit the
Meetings, List of following documents:
Workers who Art. 274. Visitorial power. The Secretary of Labor and Employment or
participated in such Names of chapter’s his duly authorized representative is hereby empowered to inquire into
meetings officers, addresses and the financial activities of legitimate labor organizations upon the filing of
Names of all its principal office of a complaint under oath and duly supported by the written consent of at
members comprising at charter least twenty percent (20%) of the total membership of the labor
least 20% of all the Chapter’s CBL; If the organization concerned and to examine their books of accounts and
employees in the same as that of the other records to determine compliance or non-compliance with the law
bargaining unit where it federation or national and to prosecute any violations of the law and the union constitution
seeks to operate union, it shall be and by-laws: Provided, That such inquiry or examination shall not be
If in existence for 1 or indicated accordingly conducted during the sixty (60)-day freedom period nor within the thirty
more years, copies of (30) days immediately preceding the date of election of union
its annual financial The additional supporting officials. (As amended by Section 31, Republic Act No. 6715, March
reports documents SHALL be: 21, 1989)
4 copies of CBL of the
applicant union, Certified under oath by WHO HAS VISITORIAL POWERS? Secretary of Labor and
minutes of its adoption the Secretary or Employment or his duly authorized representative
or ratification and list of Treasurer of the
members who chapter and PURPOSE:
participated in it Attested by the
President. To inquire into the financial activities of legitimate labor
organizations
To examine their books of accounts and other records to
HOMEWORKERS can file a petition for registration of a legitimate determine compliance or non-compliance with the law and to
prosecute any violations of the law and the union constitution
labor organization with the Med-Arbiter. HOUSEHELPERS
and by-laws
(Kasambahay) cannot.
REQUIREMENTS:
WHERE FILED: If it is outside of Metro Manila, you normally file these
petitions with the Regional Office of the DOLE.
Filing of a complaint under oath
REVIEW: Chartering a local is of two kinds:
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Duly supported by the written consent of at least twenty At such other times as may be required by a resolution of the
percent (20%) of the total membership of the labor majority of the members of the organization; and
organization concerned
Upon vacating his office
WHEN IT IS NOT ALLOWED?
During the 60 day freedom period, you can no longer ask for an
During the sixty (60)-day freedom period accounting because that is considered as persecution.
Within the thirty (30) days immediately preceding the
date of election of union officials Hence, the Med-Arbiter cannot entertain a complaint-petition for the
issuance of an order directing the treasurer of a union, the exclusive
IS IT THE SECRETARY ALONE THAT HAS THE POWERS TO bargaining agent at the workplace, if the same is filed during the 60-
INSPECT THE PAPERS, PREMISES AND OFFICES? NO day freedom period, even if the complaint-petition is signed by at least
30% of the union membership.
G.R. No. 96821 December 9, 1994 If the treasurer fails to render an accounting, he must first be given the
chance to answer by filing a complaint with the President of the Union.
LA TONDEÑA WORKERS UNION, petitioner, If the reason for the failure is the President of the Union himself, it
vs. would be useless to complain against the President. You can file a
THE HONORABLE SECRETARY OF LABOR AND EMPLOYMENT, case immediately with the Med-Arbiter. This is one of the exceptions to
and HON. PURA FERRER-CALLEJA, in her capacity as Director, the exhaustion of internal remedies.
Bureau of Labor Relations, respondents.
NOTE: The Med-Arbiter cannot rule on the division of real properties
Rule 1, sec. 1(ff) provides: "Union Accounts Examiners" are officials of and funds between a Federation and its splinter group, and issue order
the Bureau or the Industrial Relations Division in the Regional Office for the Federation to convey certain properties to the splinter group
empowered to audit books of accounts of the union. constituted as a new federation.
The "union accounts examiners of the Bureau" mentioned in Rule 1, 7) PETITIONS FOR CERTIFICATION ELECTION
sec. 1(ff) of the implementing rules as having the power to audit the
books of accounts of unions are actually officials of the BLR because Art. 256. Representation issue in organized establishments. In
the word "Bureau" is defined in Rule 1, sec. 1(b) of the same rules as organized establishments, when a verified petition questioning
the Bureau of Labor Relations. the majority status of the incumbent bargaining agent is filed
before the Department of Labor and Employment within the sixty-
day period before the expiration of the collective bargaining
Also, BLR is granted visitorial powers under the Revised agreement, the Med-Arbiter shall automatically order an election
Administrative Code. by secret ballot when the verified petition is supported by the
written consent of at least twenty-five percent (25%) of all the
Chapter 4 employees in the bargaining unit to ascertain the will of the
BUREAUS employees in the appropriate bargaining unit. To have a valid
election, at least a majority of all eligible voters in the unit must have
Sec. 16. Bureau of Labor Relations. - The Bureau of Labor Relations cast their votes. The labor union receiving the majority of the valid
shall set policies, standards, and procedures on the registration and votes cast shall be certified as the exclusive bargaining agent of all the
supervision of legitimate labor union activities including denial, workers in the unit. When an election which provides for three or more
cancellation and revocation of labor union permits. It shall also set choices results in no choice receiving a majority of the valid votes cast,
policies, standards, and procedure relating to collective bargaining a run-off election shall be conducted between the labor unions
agreements, and the examination of financial records of accounts of receiving the two highest number of votes: Provided, that the total
labor organizations to determine compliance with relevant laws. number of votes for all contending unions is at least fifty percent (50%)
of the number of votes cast.
DOES THIS INCLUDE EES ORGANIZATION IN THE PUBLIC
At the expiration of the freedom period, the employer shall continue to
SECTOR? YES because the employees organization in the public
recognize the majority status of the incumbent bargaining agent where
sector are also registered with the BLR. If they have intra union
no petition for certification election is filed. (As amended by Section 23,
disputes, that is also covered by the BLR.
Republic Act No. 6715, March 21, 1989)
6) ACTIONS ARISING FROM 241 (ARISING FROM Art. 257. Petitions in unorganized establishments. In any
ADMINISTRATION AND ACCOUNTING OF UNION establishment where there is no certified bargaining agent, a
FUNDS AND OTHER VIOLATIONS OF RIGHTS OF certification election shall automatically be conducted by the
MEMBERS) Med-Arbiter upon the filing of a petition by a legitimate labor
organization. (As amended by Section 24, Republic Act No. 6715,
See Article 241 on Rights and Conditions of Membership in Labor March 21, 1989)
Organizations
Art. 258. When an employer may file petition. When requested to
NOTE: Violation of keeping records of funds, issuing receipts for bargain collectively, an employer may petition the Bureau for an
expenditures are no longer grounds for cancellation of union election. If there is no existing certified collective bargaining
registration but are now GROUNDS FOR DISCIPLINARY ACTION of agreement in the unit, the Bureau shall, after hearing, order a
the officers charged with such duty. certification election.
WHEN IS THE TREASURER REQUIRED TO RENDER AN All certification cases shall be decided WITHIN TWENTY (20)
ACCOUNTING? WORKING DAYS.
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PETITIONS FOR CERTIFICATION ELECTIONS:
BUREAU OF LABOR
1. In organized establishments;
2. In unorganized establishments; RELATIONS (BLR)
3. Filed by the employer, when requested to bargain
collectively and there has been no certification election Art. 226. Bureau of Labor Relations. The Bureau of Labor Relations
4. During the 60 day freedom period, 25% of the bargaining and the Labor Relations Divisions in the regional offices of the
unit (not the union) can file a petition for decertification Department of Labor, shall have ORIGINAL AND EXCLUSIVE
election. authority to act, at their own initiative or upon request of either or
both parties, on all inter-union and intra-union conflicts, and all
NOTE: These are NOT COMPLAINTS. These are petitions. disputes, grievances or problems arising from or affecting labor-
Certification elections are NOT ADVERSARIAL PROCEEDINGS. management relations in all workplaces, whether agricultural or non-
They are fact-finding in nature. agricultural, except those arising from the implementation or
interpretation of collective bargaining agreements which shall be the
WHERE TO FILE: You cannot file these petitions anywhere. File it subject of grievance procedure and/or voluntary arbitration.
before the Med-Arbiter, attached to the Regional Office of DOLE.
The Bureau shall have FIFTEEN (15) WORKING DAYS TO ACT ON
Employees of GOCCs WITH ORIGINAL CHARTER can file petitions LABOR CASES BEFORE IT, subject to extension by agreement of
for certification election with the Med-Arbiter. the parties. (As amended by Section 14, Republic Act No. 6715, March
21, 1989).
Med-Arbiter has the power to rule upon certification contests IN THE
BLR has ORIGINAL JURISDICTION from special issues arising from:
GOVERNMENT SECTOR.
INTRA-UNION DISPUTES
Med-Arbiter must direct the petitioning union to furnish the employer of
INTER-UNION DISPUTES with respect to splitting of unions
a copy of their petition for certification.
1) FEDERATION OR NATIONAL TRADE UNION CENTERS
Med-Arbiter should dismiss the Motion to Intervene filed by the
employer in a petition for certification election.
REGISTRATION CASES
Med-Arbiter’s decision to hold a certification election is appealable to
REVIEW: Federation has to have at least 10 locals that are EBA.
the DOLE Secretary.
WHAT HAPPENS IF THE FEDERATION NO LONGER HAS A
Art. 259. Appeal from certification election orders. Any party to an LOCAL? It is an empty federation.
election may appeal the order or results of the election as determined
by the Med-Arbiter directly to the Secretary of Labor and Employment
When there is a split and the federation has less than 10 locals
on the ground that the rules and regulations or parts thereof
that are EBA, issues may arise such as:
established by the Secretary of Labor and Employment for the conduct
of the election have been violated. Such appeal shall be decided
o Will they be given enough time to help their locals
WITHIN FIFTEEN (15) CALENDAR DAYS.
obtain independent registration
o Will that be a ground for revocation of registration
Med DOLE Court of Supreme
Arbiter Secretary Appeals Court Technically speaking, there will be no cancellation of registration
because that is not one of the grounds for the cancellation of
registration.
His order to hold a certification election is not stayed by the pendency
of proceedings to cancel union registration of petitioner union. REVOCATION AND CANCELLATION CASES
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BLR shall KEEP A REGISTRY OF LEGITIMATE LABOR
ORGANIZATIONS. DOLE
Maintain file of CBAs, records of settlement disputes, and BLR CA SC
Secretary
copies of orders and decisions of voluntary arbitrators
The conflict between who are the rightful set of officers to cover a
union must belong to the jurisdiction of the BLR but not as to the issue
of damages. It is because the Labor Code does not grant the BLR the
jurisdiction to award damages. Unlike in 217, Labor Arbiter has the
power to grant damages arising from employer-employee
relationship
Except as otherwise provided under this Code, the Labor Arbiters shall
have original and exclusive jurisdiction to hear and decide, within thirty
(30) calendar days after the submission of the case by the parties for
decision without extension, even in the absence of stenographic notes,
the following cases involving all workers, whether agricultural or non-
agricultural:
Thus, unlike the NLRC which is explicitly vested with the jurisdiction
over claims for actual, moral, exemplary and other forms of
damages,54 the BLR is not specifically empowered to adjudicate
claims of such nature arising from intra-union or inter-union
disputes. In fact, Art. 241 of the Labor Code ordains the separate
institution before the regular courts of criminal and civil liabilities
arising from violations of the rights and conditions of union
membership. The Court has consistently held that where no
employer-employee exists between the parties and no issue is
involved which may be resolved by reference to the Labor Code,
other labor statutes, or any collective bargaining agreement, it is
the regional trial court that has jurisdiction.
XXX In their complaint in the civil case, petitioners do not seek any
relief under the Labor Code but the payment of a sum of money as
damages on account of respondents’ alleged tortuous conduct. The
action is within the realm of civil law and, hence, jurisdiction over the
case belongs to the regular courts.
APPEAL
BLR/ OR
MED
DOLE CA SC
ARBITER
Secretary
If it is the Med-Arbiter who hears the case, the decision of the Med-
Arbiter is appealed to the Director of the BLR. But sometimes, if it is in
the NCR, it is appealed to the DOLE Secretary. The decision of the
Med-Arbiter reviewed by the BLR can no longer be reviewed by the
DOLE Secretary. It must go to the CA.
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WHAT JURISDICTION IS LEFT WITH THE POEA?
PHILIPPINE OVERSEAS
It is left with its REGULATORY POWERS. Complaints for illegal
EMPLOYMENT AUTHORITY recruitment may still be filed with POEA but only for purposes of
suspension or cancellation of permit to recruit. It also has power to
(POEA) issue permit or authority to recruit.
POEA has jurisdiction for: OCWs now go to the LABOR ARBITER for breach of contract, money
claims, damages etc.
1. Registration
2. Cancellation DOES IT RETAIN JURISDICTION OVER DEATH CLAIMS? NO. It is
3. Suspension of license or permit to recruit now with Overseas Workers Welfare Administration (OWWA).
1) CANCELLATION OR SUSPENSION OF LICENSE OF OWWA’s fund is a single trust fund pooled from the US$25.00
AUTHORITY TO RECRUIT OF RECRUIMENT AGENCIES membership contributions of foreign employers, land-based and sea-
based workers, investment and interest income, and income from other
Registration for recruitment agencies are filed before the POEA. sources.
WHAT ARE THE GROUNDS FOR CANCELLATION OR WHAT IS THE MONEY USED FOR?
SUSPENSION OF LICENSE OR AUTHORITY TO RECRUIT?
Death Benefit - An active member is covered for the duration of his
Violation of Capital Requirements employment contract. The coverage includes PhP 100,000.00 for
Violation of Citizenship Requirements – Recruitment death due to natural cause and PhP 200,000.00 for death due to
agencies cannot be less than 70% Filipino ownership. It accident
higher by 10% compared to definition of Filipino Corporation
in the Philippine Constitution. Disability and Dismemberment Benefit - A member is entitled to
Violation of License – Example is when you operate in disability/dismemberment benefits of PhP 50,000.00 for partial
places other than what is allowed in your license. disability and Php 100,000.00 in case of total permanent
disability.
It is the POEA, NOT THE SECRETARY OF LABOR that can cancel a
license to recruit after proper investigation and hearing. Burial Benefit - On top of death benefit, a rider of PhP 20,000.00 will
be received by legal heirs for the funeral expenses.
2) POEA also has VISITORIAL POWERS at any time of the
day or night if the office of the licensee or recruiter is open. It also has educational, repatriation and reintegration programs.
Source: www.owwa.gov.ph
They can check the contracts between the placement agency and the
principal. They can be asked to produce the list of tariffs, placement ON PERMANENT DISABILITY
fees, and other payables or fees that an OCW pays them.
G.R. No. 192034 January 13, 2014
3) DISCIPLINARY ACTION AGAINST OVERSEAS
CONTRACT WORKERS ALPHA SHIP MANAGEMENT CORPORATION/JUNEL M CHAN
and/or CHUO-KAIUN COMPANY, LIMITED, Petitioners,
Examples: vs.
ELEOSIS V. CALO, Respondent.
There is a deployment ban of Filipinos in Iraq. They go
to Bahrain then they later move to Iraq. An employee s disability becomes permanent and total when so
declared by the company-designated physician, or, in case of absence
Deployment ban has already been upheld by the SC. It of such a declaration either of fitness or permanent total disability,
is not a violation of freedom to travel. Even if you upon the lapse of the 120-or 240-day treatment period, while the
execute a waiver of responsibility by the state, you can employee s disability continues and he is unable to engage in gainful
still be denied the right to travel. employment during such period, and the company-designated
physician fails to arrive at a definite assessment of the employee s
Minor being employed to work in other countries fitness or disability.
Section 10 of Republic Act No. 8042, as amended by RA 10022, is Any compromise/amicable settlement or voluntary agreement on
hereby amended to read as follows: money claims inclusive of damages under this section shall be paid
WITHIN THIRTY (30) DAYS from approval of the settlement by the
SEC. 10. Money Claims. – Notwithstanding any provision of law to the appropriate authority.
contrary, the Labor Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and exclusive Under RA 10022, the law amending RA 8042, when the overseas
jurisdiction to hear and decide, WITHIN NINETY (90) CALENDAR worker and the recruitment agency enters into a compromise, payment
DAYS after the filing of the complaint, the claims arising out of an must be made within 30 days from the approval of the settlement by
employer-employee relationship or by virtue of any law or the appropriate agency.
contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of NOTE: RA 8042 provides that it shall be paid within 4
damage. Consistent with this mandate, the NLRC shall endeavor to months. Now, it shall be paid within 30 days.
update and keep abreast with the developments in the global services
industry. In case of termination of overseas employment without just, valid
or authorized cause as defined by law or contract, or any
unauthorized deductions from the migrant worker’s salary, the
ADJUDICATORY OR QUASI-JUDICIAL JURISDICTION of the POEA
worker shall be entitled to the full reimbursement if his placement
has been abolished by RA 8042 or the Migrant Workers Act.
fee and the deductions made with interest at twelve percent (12%)
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per annum, plus his salaries for the unexpired portion of his The subject clause does not state or imply any definitive governmental
employment contract xxx. purpose; and it is for that precise reason that the clause violates not
just petitioner's right to equal protection, but also her right to
substantive due process under Section 1,137 Article III of the
Constitution.
G.R. No. 167614 March 24, 2009
The subject clause being unconstitutional, petitioner is entitled to his
ANTONIO M. SERRANO, Petitioner, salaries for the entire unexpired period of nine months and 23 days of
vs. his employment contract, pursuant to law and jurisprudence prior to the
Gallant MARITIME SERVICES, INC. and MARLOW NAVIGATION enactment of R.A. No. 8042.
CO., INC., Respondents.
WHAT IS THE LEGAL RATE OF INTEREST THAT MAY BE
In fine, the Government has failed to discharge its burden of proving ORDERED BY LABOR TRIBUNALS AS APPLICABLE TO
the existence of a compelling state interest that would justify the BACKWAGES AND OTHER MONETARY AWARDS?
perpetuation of the discrimination against OFWs under the subject
clause.
G.R. No. 189871 August 13, 2013
The argument of the Solicitor General, that the actual purpose of the
subject clause of limiting the entitlement of OFWs to their three-month
salary in case of illegal dismissal, is to give them a better chance of
getting hired by foreign employers. This is plain speculation. As earlier
discussed, there is nothing in the text of the law or the records of the
deliberations leading to its enactment or the pleadings of respondent
that would indicate that there is an existing governmental purpose for
the subject clause, or even just a pretext of one.
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G.R. No. 170139 August 5, 2014 In Santos vs. Court of Appeals, 96 SCRA 448 [1980], this Court, thru
then Chief Justice Enrique M. Fernando, sustained the sand of the
Solicitor General that the period of prescription mentioned under Article
SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner,
281, now Article 292, of the Labor Code, refers to and "is limited to
vs.
money claims, an other cases of injury to rights of a workingman being
JOY C. CABILES, Respondent.
governed by the Civil Code." Accordingly, this Court ruled that
petitioner Marciana Santos, who sought reinstatement, had four [4]
Circular No. 799 is applicable only in loans and forbearance of money, years within which to file her complaint for the injury to her rights as
goods, or credits, and in judgments when there is no stipulation on the provided under Article 1146 of the Civil Code.
applicable interest rate. Further, it is only applicable if the judgment did
not become final and executory before July 1, 2013. Indeed there is, merit in the contention of petitioner that the four [4]-
year prescriptive period under Article 1146 of the New Civil Code,
applies by way of supplement, in the instant case, to wit:
We add that Circular No. 799 is not applicable when there is a law
that states otherwise. While the Bangko Sentral ng Pilipinas has
Art. 1146. The following actions must be instituted within four years.
the power to set or limit interest rates, these interest rates do not
apply when the law provides that a different interest rate shall be
[1] Upon an injury to the lights of the plaintiff.
applied. "[A] Central Bank Circular cannot repeal a law. Only a law
can repeal another law."
XXX
For example, Section 10 of Republic Act No. 8042 provides that In the instant case, the action for illegal dismissal was filed by
unlawfully terminated overseas workers are entitled to the petitioners on July 5, 1982, or three [3] years, one [1] month and five
reimbursement of his or her placement fee with an interest of 12% [5] days after the alleged effectivity date of his dismissal on June 1,
per annum. Since Bangko Sentral ng Pilipinas circulars 1979 which is well within the four [4]-year prescriptive period under
cannotrepeal Republic Act No. 8042, the issuance of Circular No. Article 1146 of the New Civil Code.
799 does not have the effect of changing the interest on awards
for reimbursement of placement fees from 12% to 6%. This is
However, in case of OCWs, the case of illegal recruitment shall
despite Section 1 of Circular No. 799, which provides that the 6%
prescribe in 5 years. If the illegal recruitment involves economic
interest rate applies even to judgments.
sabotage – there is conspiracy by 3 or more people or illegal
recruitment of 3 or more people, it will prescribe in 20 years.
Moreover, laws are deemed incorporated in contracts. "The contracting
parties need not repeat them. They do not even have to be referred to. SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under
Every contract, thus, contains not only what has been explicitly this Act shall prescribe in five (5) years: Provided, however, That illegal
stipulated, but the statutory provisions that have any bearing on the recruitment cases involving economic sabotage as defined herein shall
matter." There is, therefore, an implied stipulation in contracts between prescribe in twenty (20) years.
the placement agency and the overseas worker that in case the
overseas worker is adjudged as entitled to reimbursement of his or her
ORDINARY ILLEGAL RECRUIMENT – 5 YEARS
placement fees, the amount shall be subject to a 12% interest per
INVOLVES ECONOMIC SABOTAGE – 20 YEARS
annum. This implied stipulation has the effect of removing awards for
reimbursement of placement fees from Circular No. 799’s coverage.
RA 8042 also qualifies people who will witness for the prosecution to
avail of the privilege under the Witness Protection Program under RA
The same cannot be said for awards of salary for the unexpired 6951.
portion of the employment contract under Republic Act No. 8042.
These awards are covered by Circular No. 799 because the law SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL
does not provide for a specific interest rate that should apply. ENTITLEMENT UNDER THE WITNESS PROTECTION PROGRAM.
XXX
In sum, if judgment did not become final and executory before July 1,
2013 and there was no stipulation in the contract providing for a The provisions of Republic Act No. 6981 to the contrary,
different interest rate, other money claims under Section 10 of notwithstanding, any person who is a victim of illegal recruitment shall
Republic Act No. 8042 shall be subject to the 6% interest per annum in be entitled to the Witness Protection Program provided thereunder.
accordance with Circular No. 799.
Criminal aspect of illegal recruitment does not fall within the jurisdiction
This means that respondent is also entitled to an interest of 6% per of the Labor Arbiter or the POEA. It falls under the jurisdiction of the
annum on her money claims from the finality of this judgment. criminal courts.
The case of Valencia vs. Cebu Portland Cement, et al., 106 Phil. 732, WHERE TO FILE THE CRIMINAL CASE? Regional Trial Court of:
a 1959 case cited by petitioner, is applicable in the instant case insofar
as it concerns the issue of prescription of actions. In said case, this Province or city where the offense was committed]
Court had occasion to hold that an action for damages involving a Where the offended party actually resides at the same time
plaintiff seperated from his employment for alleged unjustifiable of the commission of the offense
causes is one for " injury to the rights of the plaintiff, and must be
brought within four [4] years.
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NOTE: Sec 9 of RA 8042 is given retroactive application. It applies not
only to cases committed at the time of the effectivity of the act but even REGIONAL DIRECTOR
to those already in court at the time of its effectivity.
HISTORY: When the Labor Code first came out in 1974. There are two
POEA has NO JURISDICTION over claims of an airline for an unpaid kinds of inspection:
plane tickets bought by a licensed placement agency on credit and
agreed by the latter to be chargeable against its bond filed with the 1. Inspections that originate from the Regional Office of the
POEA. Director of Labor
2. Inspections triggered by a complainant
Records include:
NOTE: Ruling in May 28, 2009 case has been modified. Previous
discussion of Father Gus on the determination by the DOLE Secretary
of employer-employee relationship being merely preliminary and as the
possibility of conflict between Regional Director and NLRC is no longer
true.
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ISSUE: May the DOLE make a determination of whether or not an WHERE TO APPEAL?
employer-employee relationship exists, and if so, to what extent?
An order issued by the duly authorized representative of the
Secretary of Labor and Employment (Regional Director)
No limitation in the law was placed upon the power of the DOLE to
under this Article may be appealed to the latter.
determine the existence of an employer-employee relationship. No
procedure was laid down where the DOLE would only make a
In case said order involves a monetary award, an appeal by
preliminary finding, that the power was primarily held by the NLRC.
the employer may be perfected only upon the posting of a
The law did not say that the DOLE would first seek the NLRC’s
cash or surety bond issued by a reputable bonding
determination of the existence of an employer-employee relationship,
company duly accredited by the Secretary of Labor and
or that should the existence of the employer-employee relationship be
Employment in the amount equivalent to the monetary award
disputed, the DOLE would refer the matter to the NLRC. The DOLE
in the order appealed from.
must have the power to determine whether or not an employer-
employee relationship exists, and from there to decide whether or not
to issue compliance orders in accordance with Art. 128(b) of the Labor
Code, as amended by RA 7730.
The Court, in limiting the power of the DOLE, gave the rationale that
such limitation would eliminate the prospect of competing conclusions
between the DOLE and the NLRC. The prospect of competing
conclusions could just as well have been eliminated by according 6. Order stoppage of work or suspension of operations of
respect to the DOLE findings, to the exclusion of the NLRC, and this any unit or department of an establishment when non-
We believe is the more prudent course of action to take. compliance with the law or implementing rules and
regulations poses grave and imminent danger to the health
This is not to say that the determination by the DOLE is beyond and safety of workers in the workplace.
question or review. Suffice it to say, there are judicial remedies such as
a petition for certiorari under Rule 65 that may be availed of, should a NOTE: An employer whose factory operations has been ordered
party wish to dispute the findings of the DOLE. closed by the Regional Director of Labor on Health and Occupational
Safety grounds but without the benefit of a hearing cannot
successfully countermand the suspension order on certiorari with the
RULE OF THUMB: [PEOPLE’S BROADCASTING v SECRETARY] CA for violation of due process.
If a complaint is brought before the DOLE to give effect to Within twenty-four hours, a hearing shall be conducted to
the labor standards provisions of the Labor Code or other determine whether an order for the stoppage of work or
labor legislation, and there is a finding by the DOLE that suspension of operations shall be lifted or not.
there is an existing employer-employee relationship, the
DOLE exercises jurisdiction to the exclusion of the NLRC.
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WHAT IF ANY GOVERNMENT EMPLOYEE IS FOUND GUILTY OF OCCUPATIONAL SAFETY AND HEALTH
VIOLATION OF, OR ABUSE OF AUTHORITY, UNDER THIS
ARTICLE? He shall, after appropriate administrative investigation, be There is no jurisdictional amount.
subject to summary dismissal from the service.
Section 10. Penal Provisions. — Any person, corporation, trust, firm, 2) ARTICLE 129 (ADJUDICATORY) DISSECTED
partnership, association or entity which refuses or fails to pay any of
the prescribed increases or adjustments in the wage rates, made in Recovery of wages, simple money claims and other benefits
accordance with the Act shall be punished by a fine not exceeding
P25,000 and/or imprisonment of not less than one year nor more WHO?
than two years: Provided, that any person convicted under the Act
shall not be entitled to the benefits provided for under the
Regional Director of DOLE
Probation Law.
Any of the duly authorized hearing officers of the DOLE
If the violation is committed by a corporation, trust or firm, partnership,
HOW INITIATED? Upon complaint of any interested party (Not motu
association or any other entity, the penalty of imprisonment shall be
proprio)
imposed upon the entity's responsible officers, including, but not limited
to, the president, vice-president, chief executive officer, general
manager, managing director or partner. CONDITIONS:
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The sole issue raised in this case is whether or not the Regional
Director has the jurisdiction to hear and decide cases involving
recovery of wages and other monetary claims and benefits of workers REGIONAL LABOR
and employees. DIRECTOR ARBITER
The power then of the Regional Director (under the present state
of the law) to adjudicate employees' money claims is subject to
the concurrence of all the requisites provided under Sec. 2 of RA
Does not Exceeds
6715, to wit: (1) the claim is presented by an employee or person exceed P5000 P5000
employed in domestic or household service, or househelper; (2)
the claim arises from employer-employee relations; (3) the
claimant does not seek reinstatement; and (4) the aggregate
money claim of each employee or househelper does not exceed PERIOD TO DECIDE: Within thirty (30) calendar days from the date of
P5,000.00. the filing of the same
Going over the records of this case, we note that the aggregate claims If there is already a judgment as to the sum, the REGIONAL
of each of the fifty four (54) employees of herein petitioner are over DIRECTOR CAN ISSUE A WRIT OF EXECUTION.
and above the amount of P5,000.00. Under the circumstances, the
power to adjudicate such claims belongs to the Labor Arbiter who has WHAT HAPPENS TO SUM RECOVERED ON BEHALF OF ANY
the exclusive jurisdiction over employees' claims where the aggregate EMPLOYEE OR HOUSEHELPER?
amount of the claim for each employee exceeds P5,000.00.
It shall be held in a SPECIAL DEPOSIT ACCOUNT
If out of the 5 complainants-employees, one of them has claims It shall be paid on order of, the Secretary of Labor and
exceeding P5000, it becomes MANDATORY for the Regional Director Employment or the Regional Director directly to the
to endorse the entire case to the LABOR ARBITER, to avoid split of employee or househelper concerned.
jurisdiction and conflict in decisions.
HOW ABOUT THE SUMS NOT PAID TO THE EMPLOYEE OR
This is by virtue of the unpublished cases of HOUSEHELPER BECAUSE HE CANNOT BE LOCATED AFTER
DILIGENT AND REASONABLE EFFORT TO LOCATE HIM WITHIN
Bulldog Security Agency v. Undersecretary of Labor, G.R. A PERIOD OF THREE (3) YEARS?
No. 93794, July 17, 1991, (Minute Resolution);
It shall be held as a special fund of the Department of Labor and
Heva v. de la Serna, G.R. No. 90741, September 11, 1991, Employment to be used exclusively for the amelioration and
(Minute Resolution) benefit of workers.
In the aforementioned cases, the SC ruled: CAN THE DECISION OR RESOLUTION OF THE REGIONAL
DIRECTOR OR HEARING OFFICER BE APPEALED? YES
Article 129 of the Labor Code expressly provides that "upon complaint
of any interested party," the Regional Director (and, consequently, the GROUNDS: Same grounds provided in Article 223 of this Code
Secretary of Labor to whom appeals form the Regional Director are
taken) is empowered to hear and decide simple money claims, i. e. Art. 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are
those that do not exceed P5,000.00 for each employee, employing for final and executory unless appealed to the Commission by any or both
this purpose a summary procedure. If Article 128(b) of the Labor Code parties within ten (10) calendar days from receipt of such decisions,
were to be construed as empowering the Secretary of Labor, under his awards, or orders. Such appeal may be entertained only on any of the
visitorial power, to hear and decide all types of employee's following grounds:
claims, including those exceeding P5,000.00 for each employee,
employing for this purpose a summary procedure, then, Article 129 1) If there is prima facie evidence of abuse of discretion on the part of
(limiting the Regional Director's jurisdiction to a claim not exceeding the Labor Arbiter;
P5,000.00) becomes a useless surplusage in the Labor Code.
2) If the decision, order or award was secured through fraud or
WHAT IS REGIONAL DIRECTOR EMPOWERED TO DO? coercion, including graft and corruption;
After summary proceeding and after due notice, Hear and decide any 3) If made purely on questions of law; and
matter involving the recovery of wages and other monetary claims and
benefits, including legal interest, owing to: 4) If serious errors in the findings of facts are raised which would
cause grave or irreparable damage or injury to the appellant.
Employee or
Person employed in domestic or household service or WHEN: WITHIN FIVE (5) CALENDAR DAYS from receipt of a copy of
Househelper said decision or resolution, NOT 10 DAYS
Arising from employer-employee relations WHERE: To the National Labor Relations Commission
Example: Where an employee, is upon agreement by his union but Decisions of RD on pure money claims in the exercise of quasi-judicial
without his written consent, deducted from his salary by the employer powers may be reviewed by the NLRC, NOT THE SECRETARY OF
an amount equivalent ½ day’s pay for insurance premium payments LABOR.
while he is on training outside the company’s premises
PERIOD TO DECIDE: Within ten (10) calendar days from the
When the Regional Director of Labor hears and decides money claims submission of the last pleading required or allowed under its rules
which are NOT ACCOMPANIED by a prayer for reinstatement, he is
exercising QUASI-JUDICIAL POWERS. The law does not require that a bond be posted for the appeal to be
perfected.
NOTE: The Regional Director CANNOT AWARD ATTORNEY’S FEES
in the exercise of his or her adjudicatory powers.
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LABOR ARBITER (LA)
Regional Court of Supreme
NLRC
Director Appeals Court This is where most of the cases are lodged.
DIFFERENCE OF APPEAL FROM RD TO NLRC 3. If accompanied with a claim for reinstatement, those cases that
APPEAL FROM LA TO NLRC workers may file involving wages, rates of pay, hours of work and other
terms and conditions of employment;
NLRC NLRC 4. Claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations;
Regional Director of Labor can also ISSUE A RESTRAINING ORDER NOTE: 217 does not contain all the jurisdiction of the Labor Arbiter
TO STOP THE EFFECTS OF DISMISSALS OR RETRENCHMENTS
OR TERMINATIONS DUE TO REDUNDANCY. Before you can Also, these six categories of cases listed can, by agreement of the
terminate workers on the ground of redundancy, retrenchment, labor parties, be presented to and decided with finality by a voluntary
saving devices, or financial loss, the employer must serve notice to the arbitrator or panel of voluntary arbitrators.
employee and DOLE one month before the date of effecting the
termination. The Labor Code says, if the Regional Director foresees One unifying element runs through all the cases and disputes
that this is in implementation of a mass layoff or will give rise to a enumerated in Article 224. That element is employment connection.
serious labor dispute, then the Regional Director of Labor can suspend
the termination. VENUE: Regional Arbitration Branch (RAB) having jurisdiction over the
workplace of the complainant/petitioner.
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Art. 261. Jurisdiction of Voluntary Arbitrators or panel of G.R. No. 124382 August 16, 1999
Voluntary Arbitrators. The Voluntary Arbitrator or panel of Voluntary
Arbitrators shall have original and exclusive jurisdiction to hear and PASTOR DIONISIO V. AUSTRIA, petitioner,
decide all unresolved grievances arising from the interpretation or vs.
implementation of the Collective Bargaining Agreement and those HON. NATIONAL LABOR RELATIONS COMMISSION (Fourth
arising from the interpretation or enforcement of company personnel Division), CEBU CITY, CENTRAL PHILIPPINE UNION MISSION
policies referred to in the immediately preceding article. Accordingly, CORPORATION OF THE SEVENTH-DAY ADVENTISTS, ELDER
violations of a Collective Bargaining Agreement, EXCEPT those HECTOR V. GAYARES, PASTORS REUBEN MORALDE, OSCAR L.
which are gross in character, shall no longer be treated as unfair ALOLOR, WILLIAM U. DONATO, JOEL WALES, ELY SACAY,
labor practice and shall be resolved as grievances under the GIDEON BUHAT, ISACHAR GARSULA, ELISEO DOBLE, PORFIRIO
Collective Bargaining Agreement. For purposes of this article, BALACY, DAVID RODRIGO, LORETO MAYPA, MR. RUFO
gross violations of Collective Bargaining Agreement shall mean GASAPO, MR. EUFRONIO IBESATE, MRS. TESSIE BALACY, MR.
flagrant and/or malicious refusal to comply with the economic ZOSIMO KARA-AN, and MR. ELEUTERIO
provisions of such agreement. LOBITANA, respondents.
PRESCRIPTIVE PERIOD: WITHIN 1 YEAR from the time the right of Private respondents contend that by virtue of the doctrine of separation
action accrues. of church and state, the Labor Arbiter and the NLRC have no
jurisdiction to entertain the complaint filed by petitioner. Since the
If you failed to file within the 1 year period, you can still file it matter at bar allegedly involves the discipline of a religious minister, it
as an ordinary illegal dismissal case WITHIN 4 YEARS. is to be considered a purely ecclesiastical affair to which the State has
no right to interfere.
REMEDIES IN CASE OF ULP:
The contention of private respondents deserves scant consideration.
Cease and Desist Order The principle of separation of church and state finds no application in
Reinstatement (if there is dismissal) this case.
Backwages
Damages As pointed out by the OSG in its memorandum, the grounds invoked
for petitioner's dismissal, namely: misappropriation of denominational
NOTE: Househelpers cannot file a ULP complaint with the Labor funds, willful breach of trust, serious misconduct, gross and habitual
Arbiter neglect of duties and commission of an offense against the person of
his employer's duly authorized representative, are all based on Article
A complaint that a union is a ―company union‖ is filed with the Labor 282 of the Labor Code which enumerates the just causes for
Arbiter. termination of employment.22 By this alone, it is palpable that the
reason for petitioner's dismissal from the service is not religious in
nature. Coupled with this is the act of the SDA in furnishing NLRC with
Art. 248. Unfair labor practices of employers. It shall be unlawful for
a copy of petitioner's letter of termination. As aptly stated by the OSG,
an employer to commit any of the following unfair labor practice:
this again is an eloquent admission by private respondents that NLRC
has jurisdiction over the case. Aside from these, SDA admitted in a
XXX certification23 issued by its officer, Mr. Ibesate, that petitioner has
been its employee for twenty-eight (28) years. SDA even registered
To initiate, dominate, assist or otherwise interfere with the formation or petitioner with the Social Security System (SSS) as its employee. As a
administration of any labor organization, including the giving of matter of fact, the worker's records of petitioner have been submitted
financial or other support to it or its organizers or supporters; by private respondents as part of their exhibits. From all of these it is
clear that when the SDA terminated the services of petitioner, it was
2) TERMINATION CASE merely exercising its management prerogative to fire an employee
which it believes to be unfit for the job. As such, the State, through the
General Rule: Termination disputes are within the jurisdiction of the Labor Arbiter and the NLRC, has the right to take cognizance of the
Labor Arbiter. This includes retaliatory dismissals and ULP case and to determine whether the SDA, as employer, rightfully
dismissals. exercised its management prerogative to dismiss an employee. This is
in consonance with the mandate of the Constitution to afford full
Art. 118. Retaliatory measures. It shall be unlawful for an employer to protection to labor.
refuse to pay or reduce the wages and benefits, discharge or in any
manner discriminate against any employee who has filed any Under the Labor Code, the provision which governs the dismissal of
complaint or instituted any proceeding under this Title or has testified employees, is comprehensive enough to include religious corporations,
or is about to testify in such proceedings. such as the SDA, in its coverage. Article 278 of the Labor Code on
post-employment states that "the provisions of this Title shall apply to
all establishments or undertakings, whether for profit or not."
Art. 248. Unfair labor practices of employers. It shall be unlawful for Obviously, the cited article does not make any exception in favor of a
an employer to commit any of the following unfair labor practice: religious corporation.
To dismiss, discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under this
Code; G.R. No. 101619 July 8, 1992
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The termination of a purely managerial employee by the and finally up to May 31, 1983 after which he was no longer elected by
non-voting of the Board of Directors to retain him in the the Board as Vice-President and/or Treasurer.
board-appointed position cannot fall within the jurisdiction of
the Labor Arbiter.
HELD: In in its Reply of June 24, 1987, raised for the first time in this
Dismissal of a university professor on the sole issue of Court the issue of jurisdiction of the NLRC, a threshold objection which
academic freedom (CHED) should have been involved at the earliest stages of the proceedings.
Complaint against the bishop by a parish priest for his Relying onPhilippine School of Business Administration, et al. vs.
dismissal from his position by excommunication Leaño, et al" and Dy, et al. vs. National Labor Relations Commission,
et. al., petitioner theorizes that since private respondent was a
G.R. No. 79762 January 24, 1991 corporate officer, the present controversy is within the jurisdiction of
the Securities and Exchange Commission, pursuant to P.D. 902-A, and
not in the public respondent.
FORTUNE CEMENT CORPORATION, petitioner,
vs.
NATIONAL LABOR RELATIONS COMMISSION (First Division) and Without the need of applying the rule on estoppel by laches against
ANTONIO M. LAGDAMEO, respondents. petitioner, its contention must fail on the ground of misplaced reliance.
As explained in Dy, and the same is true with Philippine School of
Business Administration, the controversies therein were intracorporate
Lagdameo claims that his dismissal was wrongful, illegal, and arbitrary, in nature and squarely within the purview of Section 5(c), P.D. 902-A
because the "irregularities" charged against him were not investigated since the real question was the invalidity of the board of directors'
(p. 85, Rollo); that the case of PSBA vs. Leaño (supra) cited by the meetings wherein the corporate officers involved were not re-elected,
Labor Arbiter finds no application to his case because it is not a matter resulting in the termination of their services. Thus:
of corporate office having been declared vacant but one where a
corporate officer was dismissed without legal and factual basis and
without due process; that the power of dismissal should not be There is no dispute that the position from which private respondent
confused with the manner of exercising the same; that even a Vailoces claims to have been illegally dismissed is an elective
corporate officer enjoys security of tenure regardless of his rank (p. corporate office. He himself acquired that position through election by
97, Rollo); and that the SEC is without power to grant the reliefs the bank's Board of Directors at the organizational meeting of
prayed for in his complaint (p. 106, Rollo). November 17, 1979. He lost that position because the Board that was
elected in the special stockholders' meeting of June 4, 1983 did not
reelect him. And when Vailoces, in his position paper submitted to the
The issue of the SEC's power or jurisdiction is decisive and renders Labor Arbiter, impugned said stockholders' meeting as illegally
unnecessary a consideration of the other questions raised by convoked and the Board of Directors thereby elected as illegally
Lagdameo. Thus did this Court rule in the case of Dy vs. National constituted, he made it clear that the heart of the matter was the
Labor Relations Commission (145 SCRA 211) which involved a similar validity of the Directors' meeting of June 4, 1983 which, by not re-
situation: electing him to the position of manager, in effect caused termination of
his services.
It is of no moment that Vailoces, in his amended complaint, seeks
other reliefs which would seemingly fall under the jurisdiction of the Those considerations do not obtain in the case at bar. No
Labor Arbiter, because a closer look at these — underpayment of intracorporate controversy exists and the jurisdiction of the
salary and non-payment of living allowance — shows that they are public respondent herein should be sustained.
actually part of the perquisites of his elective position, hence, intimately
linked with his relations with the corporation.1âwphi1 The question of
remuneration, involving as it does, a person who is not a mere There has been a history of regular employment and he was raised to
employee but a stockholder and officer, an integral part, it might be a position by the appointment of the Board of Directors.
said, of the corporation, is not a simple labor problem but a matter that
comes within the area of corporate affairs and management, and is in G.R. No. 121791 December 23, 1998
fact a corporate controversy in contemplation of the Corporation Code.
(Emphasis ours.) ENRIQUE SALAFRANCA, petitioner,
vs.
PHILAMLIFE (PAMPLONA) VILLAGE HOMEOWNERS
EXCEPTIONS ASSOCIATION, INC., BONIFACIO DAZO and THE SECOND
DIVISION, NATIONAL LABOR RELATIONS COMMISSION
(NLRC), respondents.
G.R. No. 75583 November 8, 1988
The issues were whether:
GREGORIO ARANETA UNIVERSITY FOUNDATION, petitioner,
vs. (1) The NLRC gravely abused its discretion when it ruled that the
ANTONIO J. TEODORO and NATIONAL LABOR RELATIONS employment of the Petitioner is not purely based on considerations of
COMMISSION, respondents. Employer-Employee relationship
FACTS: The antecedental employment record of private respondent in (2) Petitioner was illegally dismissed by private respondents.
GAUF is not in dispute. Private respondent started as a clerk in the
Registrar's Office of petitioner GAUF on September 15, 1954. In the HELD:
course of his continuous employment, he was promoted to Assistant
Cashier, Cashier, Treasurer, Finance Director and, ultimately on (1) We agree with the Solicitor General's observation that an employer-
election by the Board of Trustees, as Vice President and concurrently employee relationship exists between the petitioner and the private
Treasurer, effective March 5, 1981. respondent.
(2) Relative to the second assigned error of the petitioner, both the
As of March 23, 1983, private respondent was holding his position on Solicitor General and the private respondent take the stance that
an "Ad Interim Extension of Appointment/Tenure" issued by the petitioner was not illegally dismissed. 10 On this aspect, we disagree
University President up to March 31, 1983 pending appropriate action with their contentions.
of the Board of Trustees at its next meeting. His services were
thereafter re-extended to April 30, 1983, with his signed conformity,
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On the outset, there is no dispute that petitioner had already attained Art. 283 also provides that to terminate the employment of an
the status of a regular employee, as evidenced by his eleven years of employee for any of the authorized causes the employer must serve "a
service with the private respondent. Accordingly, petitioner enjoys the written notice on the workers and the Department of Labor and
right to security of tenure 11 and his services may be terminated only Employment at least one (1) month before the intended date thereof."
for causes provided by law. In the case at bar, petitioner was given a notice of termination on
October 11, 1991. On the same day, his services were terminated. He
Prescinding from these premises, private respondent's insistence that was thus denied his right to be given written notice before the
it can legally dismiss petitioner on the ground that his tenure has termination of his employment, and the question is the appropriate
expired is untenable. To reiterate, petitioner, being a regular employee, sanction for the violation of petitioner's right. X X X
is entitled to security of tenure, hence, his services may only be
terminated for causes provided by law. 27 A contrary interpretation The fines imposed for violations of the notice requirement have varied
would not find justification in the laws or the Constitution. If we were to from P1,000.00 to P2,000.00 to P5,000.00 to P10,000.00.
rule otherwise, it would enable an employer to remove any employee
from his employment by the simple expediency of amending its by-
laws and providing that his/her position shall cease to exist upon the G.R. No. 112100 May 27, 1994
occurrence of a specified event.
EDWARD R. RETA, petitioner,
Termination is illegal if there is no just and authorized cause. vs.
NATIONAL LABOR RELATIONS COMMISSION and ARPAPHIL
If the procedure has not been followed, whether it is for authorized or SHIPPING CORPORATION, TARPON SHIPPING CO. and LUZON
just case, the termination does not become illegal. It becomes SURETY CO., INC. respondents.
INOPERATIVE.
As to the consequence of the failure to observe the requirement of due
G.R. No. 117040 January 27, 2000 process in the dismissal of an employee, we ruled in Aurelio v.
National Labor Relations Commission, 221 SCRA 432 (1993):
RUBEN SERRANO, petitioner,
vs. In cases where there was a valid ground to dismiss an employee but
NATIONAL LABOR RELATIONS COMMISSION and ISETANN there was non-observance of due process, this Court held that only a
DEPARTMENT STORE, respondents. sanction must be imposed upon the employer for failure to give formal
notice and to conduct an investigation required by law before
Lack of Notice Only Makes Termination Ineffectual dismissing the employee in consonance with the ruling in Wenphil v.
NLRC, 170 SCRA 69 (1989); Shoemart, Inc. v. NLRC, supra; and
Not all notice requirements are requirements of due process. Some are in Pacific Mills, Inc. v. Zenaida Alonzo, 199 SCRA 617 [1991]). . . . In
simply part of a procedure to be followed before a right granted to a the Pacific Mills, Inc. and Wenphil cases, this Court merely
party can be exercised. Others are simply an application of the awarded P1,000.00 as penalty for non-observance of due process
Justinian precept, embodied in the Civil Code, to act with justice, give (Emphasis supplied).
everyone his due, and observe honesty and good faith toward one's
fellowmen. Such is the notice requirement in Arts. 282-283. The Considering that petitioner was given his walking papers and was
consequence of the failure either of the employer or the employee forced to leave his ship in a foreign port, the penalty to be
to live up to this precept is to make him liable in damages, not to imposed on his employer for the non-observance of the
render his act (dismissal or resignation, as the case may be) void. requirements of due process in dismissing him is higher than that
The measure of damages is the amount of wages the employee should imposed in the cited cases.
have received were it not for the termination of his employment without
prior notice. If warranted, nominal and moral damages may also be WHEREFORE, the decision of the National Labor Relations
awarded. Commission is AFFIRMED with the MODIFICATION that private
respondents should pay petitioner P10,000.00 as penalty for
If the termination is for an AUTHORIZED cause, the procedure is in failure to comply with the due process requirement.
Article 283 of the Labor Code.
If it is mere dismissal, the procedure is in Article 277-B.
Payment of Art. 277, par. (b), of the Labor Code of the Philippines, as amended by
One Month Sec. 33, R.A. 6715, provides —
Notice Termination
Waiting Period
Benefits
Subject to the constitutional right of workers to security of tenure and
their right to be protected against dismissal except for a just and
authorized cause and without prejudice to the requirement of notice
The notice one month before the termination is MANDATORY. You under Article 283 of this Code, the employer shall furnish the worker
cannot do away from such requirement by paying an extra month whose employment is sought to be terminated a written notice
salary. containing a statement of the causes for termination and shall afford
the latter ample opportunity to be heard and to defend himself with the
The purpose of the one month period is to give the employee time to assistance of his representative if he so desires in accordance with
look for another job and possibly, to question the ground for company rules and regulations promulgated pursuant to guidelines set
termination. by the Department of Labor and Employment. Any decision taken by
the employer shall be without prejudice to the right of the worker to
G.R. No. 117040 January 27, 2000 contest the validity or legality of his dismissal by filing a complaint with
the regional branch of the National Labor Relations Commission. The
burden of proving that the termination was for a valid or authorized
RUBEN SERRANO, petitioner,
cause shall rest on the employer. The Secretary of Labor and
vs.
Employment may suspend the effects of the termination pending
NATIONAL LABOR RELATIONS COMMISSION and ISETANN
resolution of the dispute in the event of a prima facie finding by
DEPARTMENT STORE, respondents.
the appropriate official of the Department of Labor and
Employment before whom such dispute is pending that the
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termination may cause a serious labor dispute or is in in the payroll. The employee, in turn, is not required to return the
implementation of a mass lay-off. wages that he had received prior to the reversal of the LA’s
decision.
The employee need not file a motion for execution of the reinstatement If the decision of the labor arbiter is later reversed on appeal upon the
pending appeal. finding that the ground for dismissal is valid, then the employer has
the right to require the dismissed employee on payroll
reinstatement to refund the salaries s/he received while the case
In PIONEER TEXTURIZING CORP. V. NLRC, ET. AL., decided in
was pending appeal, or it can be deducted from the accrued
1997, the Court clarified once and for all this self-executory nature of a
benefits that the dismissed employee was entitled to receive from
reinstatement order. After tracing back the various Court rulings
his/her employer under existing laws, collective bargaining agreement
interpreting the amendments introduced by Republic Act No. 6715 on
provisions, and company practices. However, if the employee was
the reinstatement aspect of a labor decision under Article 223 of the
reinstated to work during the pendency of the appeal, then the
Labor Code, the Court concluded that to otherwise "require the
employee is entitled to the compensation received for actual services
application for and issuance of a writ of execution as prerequisites for
rendered without need of refund.
the execution of a reinstatement award would certainly betray and run
counter to the very object and intent of Article 223, i.e., the immediate
execution of a reinstatement order." Considering that Genuino was not reinstated to work or placed on
payroll reinstatement, and her dismissal is based on a just cause, then
In short, therefore, with respect to decisions reinstating employees, the she is not entitled to be paid the salaries stated in item no. 3 of
law itself has determined a sufficiently overwhelming reason for its the fallo of the September 3, 1994 NLRC Decision.14 (Emphasis, italics
immediate and automatic execution even pending appeal. The and underscoring supplied)
employer is duty-bound to reinstate the employee, failing which, the
employer is liable instead to pay the dismissed employee’s salary. The
Genuino ruling not only disregards the social justice principles behind
Court’s consistent and prevailing treatment and interpretation of the
the rule, but also institutes a scheme unduly favorable to management.
reinstatement order as immediately enforceable, in fact, merely
Under such scheme, the salaries dispensed pendente lite merely serve
underscores the right to security of tenure of employees that the
as a bond posted in installment by the employer. For in the event of a
Constitution protects.
reversal of the Labor Arbiter’s decision ordering reinstatement, the
employer gets back the same amount without having to spend
As we amply discussed above, an employer is obliged to ordinarily for bond premiums. This circumvents, if not directly
immediately reinstate the employee upon the LA’s finding of contradicts, the proscription that the "posting of a bond [even a cash
illegal dismissal; if the employer fails, it is liable to pay the salary bond] by the employer shall not stay the execution for reinstatement."
of the dismissed employee. Of course, it is not always the case that
the LA’s finding of illegal dismissal is, on appeal by the employer,
upheld by the appellate court. After the LA’s decision is reversed by XXX
a higher tribunal, the employer’s duty to reinstate the dismissed
employee is effectively terminated. This means that an employer The Court reaffirms the prevailing principle that even if the order of
is no longer obliged to keep the employee in the actual service or reinstatement of the Labor Arbiter is reversed on appeal, it is
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obligatory on the part of the employer to reinstate and pay the If the LA awards financial assistance to those who have been
wages of the dismissed employee during the period of appeal dismissed for serious misconduct, he commits grave abuse of
until reversal by the higher court.21 It settles the view that the discretion.
Labor Arbiter's order of reinstatement is immediately executory
and the employer has to either re-admit them to work under the 3) ENFORCEMENT OF LABOR STANDARDS WITH CLAIM
same terms and conditions prevailing prior to their dismissal, or EXCEEDING P5,000 PER INDIVIDUAL, WHETHER OR
to reinstate them in the payroll, and that failing to exercise the NOT ACCOMPANIED WITH CLAIM FOR
options in the alternative, employer must pay the employee’s REINSTATEMENT
salaries.
4) ENFORCEMENT OF LABOR STANDARDS WITH CLAIM
NOT EXCEEDING P5,000 PER INDIVIDUAL, IF
NOTE: Garcia case is also applicable in ULP cases ACCOMPANIED WITH CLAIM FOR REINSTATEMENT
WITHIN 10 DAYS from receipt of the decision, the employer should This is because the main cause now becomes termination.
submit to the arbiter a report of compliance; otherwise, he may be cited
for contempt. (Section 18, Rule V and Section 9, Rule XI, NLRC 5) DAMAGES ARISING FROM EMPLOYER-EMPLOYEE
Rules, 2011) RELATIONSHIP
WHEN DISMISSED EMPLOYEE NOT ENTITLED TO FULL IN WHAT INSTANCES MAY THERE BE AWARD OF DAMAGES?
BACKWAGES
Moral damages would be recoverable where the dismissal of the
Illegally dismissed employee dies employee was not only effected without authorized cause or due
Reaches Retirement Age (65 years old) during the pendency process but also:
of the case
Employer closes down during the pendency of the case 1. Attended by bad faith or fraud
Position was abolished and there is no other equivalent 2. Constituted an act oppressive to labor
position where he can be transferred to 3. Done in a manner contrary to morals, good customs or
public policy
WHAT IS COVERED BY FULL BACKWAGES
G.R. No. 72644 December 14, 1987
G.R. No. L-21120 February 28, 1967
ALFREDO F. PRIMERO, petitioner,
PHILIPPINE AIR LINES, INC., petitioner, vs.
vs. INTERMEDIATE APPELLATE COURT and DM
PHILIPPINE AIR LINES EMPLOYEES ASSOCIATION and COURT TRANSIT, respondents.
OF INDUSTRIAL RELATIONS, respondents.
Thus, an employee who has been illegally dismissed (i.e.,
As a consequence, the employees involved in the case at bar are discharged without just cause or being accorded due process), in
entitled to the Christmas bonus that PAL had given to all of its such a manner as to cause him to suffer moral damages (as
employees during said period, for said bonus, having been paid determined by the Civil Code), has a cause of action for
regularly, has become part of the compensation of the reinstatement and recovery of back wages and damages. When
employees.1 Said employees are, likewise, entitled to transportation he institutes proceedings before the Labor Arbiter, he should
allowance and the corresponding sick leave privileges. These sick make a claim for all said reliefs. He cannot, to be sure, be
leave privileges are subject, however, to the following qualifications, permitted to prosecute his claims piecemeal. He cannot institute
namely: (1) that the accumulated sick leave cannot exceed 140 days, proceedings separately and contemporaneously in a court of justice
pursuant to the collective bargaining agreement between the PAL and upon the same cause of action or a part thereof. He cannot and
the PALEA, effective in 1959; and (2) that, pursuant to the same should not be allowed to sue in two forums: one, before the Labor
agreement, which denies sick leave privileges to retired employees, Arbiter for reinstatement and recovery of back wages, or for
Onofre Griño and Bernardino Abarrientos, who have retired, are not separation pay, upon the theory that his dismissal was illegal;
entitled to said privileges. and two, before a court of justice for recovery of moral and other
damages, upon the theory that the manner of his dismissal was
The PAL's appeal as regards the free trip passes is, however, well unduly injurious, or tortious. This is what in procedural law is
taken, for the employees had no absolute right thereto, even if they known as splitting causes of action, engendering multiplicity of
had actually rendered services during the lay-off period. The free trip actions. It is against such mischiefs that the Labor Code amendments
passes were given, neither automatically, nor indiscriminately. The just discussed are evidently directed, and it is such duplicity which the
employees had to apply therefore and their applications were subject Rules of Court regard as ground for abatement or dismissal of actions,
PAL's approval. constituting either litis pendentia (auter action pendant) or res
adjudicata, as the case may be. But this was precisely what Primero's
counsel did. He split Primero's cause of action; and he made one of
It includes the semestral wages for teachers as it is paid, the split parts the subject of a cause of action before a court of justice.
even if they are not teaching during the semestral break. Consequently, the judgment of the Labor Arbiter granting Primero
separation pay operated as a bar to his subsequent action for the
It includes the Cost of Living Allowance (COLA) as it goes recovery of damages before the Court of First Instance under the
with the salary. doctrine of res judicata, The rule is that the prior "judgment or order
is, with respect to the matter directly adjudged or as to any other
NOTE: In decisions where illegal dismissal is found to have been matter that could have been raised in relation thereto, conclusive
committed, the LA has no jurisdiction to award attorney’s fees or between the parties and their successors in interest by title subsequent
damages. to the commencement of the action or special proceeding, litigating for
the same thing and under the same title and in the same capacity.
He cannot also award financial assistance in the name of
compassionate justice to those retrenched or rendered redundant
CASES FOR DAMAGES NOT WITHIN LABOR ARBITER’S
over and above what separation benefits under the law they have
JURISDICTION:
received from their employers.
G.R. No. 89621 September 24, 1991
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PEPSI COLA DISTRIBUTORS OF THE PHILIPPINES, INC., private respondent claims that petitioner had oppressively and
represented by its Plant General Manager ANTHONY B. SIAN, illegally dismissed her. Her claim does not involve her hours of
ELEAZAR LIMBAB, IRENEO BALTAZAR & JORGE work, the terms and conditions of employment, non-payment or
HERAYA, petitioners, underpayment of wages, overtime compensation, separation pay,
vs. and other benefits provided by law or appropriate agreement.
HON. LOLITA O. GAL-LANG, SALVADOR NOVILLA, ALEJANDRO Hence, it is the regular court that has jurisdiction over the case
OLIVA, WILFREDO CABAÑAS & FULGENCIO LEGO, respondents. and not the Department of Labor and Employment or National
Labor Relations Commission.
The case now before the Court involves a complaint for damages for
malicious prosecution which was filed with the Regional Trial Court of G.R. No. L-56566 April 15, 1985
Leyte by the employees of the defendant company. It does not appear
that there is a "reasonable causal connection" between the complaint DE LA SALLE UNIVERSITY, BROTHER DANIEL ORTIZ, FSC and
and the relations of the parties as employer and employees. The DEAN PATRICIO CEBALLOS, petitioners,
complaint did not arise from such relations and in fact could have vs.
arisen independently of an employment relationship between the LOLITA U. LAO and COURT OF APPEALS, respondents.
parties. No such relationship or any unfair labor practice is asserted.
What the employees are alleging is that the petitioners acted with bad
We hold that the Labor Arbiter and the NLRC have no jurisdiction
faith when they filed the criminal complaint which the Municipal Trial
over the case. It was properly brought before the courts. The issue
Court said was intended "to harass the poor employees" and the
was the existence of employer-employee relations between Lao and
dismissal of which was affirmed by the Provincial Prosecutor "for lack
the university. Under Article 265(f), later article 217(5), the existence of
of evidence to establish even a slightest probability that all the
employer-employee relations is assumed, not disputed.
respondents herein have committed the crime imputed against them."
This is a matter which the labor arbiter has no competence to resolve
In this case, it is necessary to determine whether Lao became a
as the applicable law is not the Labor Code but the Revised Penal
permanent employee after she was hired as a probationary
Code.
employee. The determination of that question could be more
competently handled by the court after a full-dress trial and not
In SINGAPORE AIRLINES LTD. V. PAÑO, 4 where the plaintiff was
by the Labor Arbiter by means of the position-paper procedure
suing for damages for alleged violation by the defendant of an
followed by him.
"Agreement for a Course of Conversion Training at the Expense of
Singapore Airlines Limited," the jurisdiction of the Court of First
The other contention of the appellants in their ninth and tenth
Instance of Rizal over the case was questioned. The Court, citing the
assignments of error is that Lao never became a permanent employee.
earlier case of Quisaba v. Sta. Ines Melale Veneer and Plywood,
We find that the contract for permanent employment was not
Inc., 5 declared through Justice Herrera:
completed because it was not signed by the university president, it was
legally withdrawn before it became effective and it was never delivered
Stated differently, petitioner seeks protection under the civil laws and
to Lao.
claims no benefits under the Labor Code. The primary relief sought is
for liquidated damages for breach of a contractual obligation. The other
Lao was a probationary employee. Her probationary employment
items demanded are not labor benefits demanded by workers
was the one legally terminated by the university. There can be no
generally taken cognizance of in labor disputes, such as payment of
doubt as to the university's prerogative to terminate her
wages, overtime compensation or separation pay. The items claimed
probationary employment and not to give her a permanent
are the natural consequences flowing from breach of an obligation,
employment. Lao has no cause of action for damages. It must be
intrinsically a civil dispute.
conceded that she filed the case in good faith.
Sec. 29. Proceedings upon insolvency. — ... If the Monetary Board In the case below, PLAINTIFF had sued for monies loaned to
shall determine and confirm within the said period that the bank or non- DEFENDANT, the cost of repair jobs made on his personal cars, and
bank financial intermediary performing quasi-banking functions is for the purchase price of vehicles and parts sold to him. Those
insolvent or cannot resume business with safety to its depositors, accounts have no relevance to the Labor Code. The cause of action
creditors and the general public, it shall, if the public interest requires, was one under the civil laws, and it does not breach any provision
order its liquidation, indicate the manner of its liquidation and approve of the Labor Code or the contract of employment of DEFENDANT.
a liquidation plan. The Central Bank shall, by the Solicitor General, file Hence, the civil courts, not the Labor Arbiters and the NLRC,
a petition in the Court of First Instance reciting the proceedings which should have jurisdiction.
have been taken and praying the assistance of the court in the
liquidation of such institution. The court shall have jurisdiction in the
same proceedings to adjudicate disputed claims against the bank or In the case of CAGAYAN DE ORO COLISEUM, INC. VS. OFFICE OF
non-bank financial intermediary performing quasibanking function and THE MINISTER OF LABOR AND EMPLOYMENT, ETC., ET AL., we
enforce individual liabilities of the stockholders. and do all that is ruled that "(a)lthough the reliefs sought by Chavez appear to fall under
necessary to preserve the assets of such institution and to implement the jurisdiction of the labor arbiter as they are claims for unpaid
the liquidation plan approved by the Monetary Board. ... The liquidator salaries and other remunerations for services rendered, a close
shall with all convenient speed, convert the assets of the banking scrutiny thereof shows that said claims are actually part of the
institution or non-bank financial intermediary performing quasi-banking perquisites of his position in, and therefore interlinked with, his
functions to money or sell, assign or otherwise dispose of the same to relations with the corporation.
creditors and other parties for the purpose of paying the debts of such
institution and he may, in the name of the bank or non-bank financial If the controversy concerns the election or appointment of directors,
intermediary performing quasi-banking functions, institute such actions trustees, officers or managers of corporations, partnerships or
as may be necessary in the appropriate court to collect and recover associations, it is the Securities and Exchange Commission, not the
accounts and assets of such institution. [Emphasis supplied] labor arbiters, which has jurisdiction.
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The SEC jurisdiction over corporation disputes however has for the payment of the unpaid subscriptions. It does not even appear
been transferred to regular courts by the Securities that a notice of such call has been sent to petitioner by the respondent
Regulations Code. corporation.
This ruling holds true even though the complainant is claiming for
backwages, employment benefits and damages (Espino, January 5, G.R. No. 107277 August 9, 1996
1995)
APOLINARIO R. DACANAY, BENJAMIN F. TAMAYO, JOSE C.
In DY, ET AL., VS. NLRC, et al., the Court said: "(t)he question of DADIZON, EDIZER J. CORNISTA, PABLITO E. URI, ALBERTO
remuneration involving as it does, a person who is not a mere DETABLAN, NARCISO ARZAIS, and ROGELIO SANTOS, in their
employee but a stockholder and officer, an integral part, it might be personal capacity and in representation of 495 members of WAKE
said, of the corporation, is not a simple labor problem but a matter that ISLAND FILIPINO EMPLOYEES ASSOCIATION
comes within the area of corporate affairs and management and is in (WIFEA),petitioners,
fact a corporate controversy in contemplation of the Corporation Code. vs.
[[
NATIONAL LABOR RELATIONS COMMISSION, RUBEN RESUS,
NARCISO TERRADO, AND ATTY. ARTURO L. TIU, respondents.
G.R. No. 66541. November 20, 1990.
This is a petition for certiorari to annul the resolution, dated September
GUARDEX ENTERPRISES and/or MARCELINA A.
25, 1992, of the National Labor Relations Commission in NLRC NCR
ESCANDOR, Petitioners, v. NATIONAL LABOR RELATIONS
CA No. 5-600-73 modifying its original decision dated March 10, 1992,
COMMISSION and JUMBEE ORBETA, Respondents.
holding private respondents jointly and severally liable with Facilities
Management Corp. and Automation Industries, Inc. for the payment of
A claim for alleged unpaid commissions of an agent is what is
the money claims of petitioners by absolving them from such liability on
basically involved in the action at bar. Somehow, it twice escaped
the ground that the NLRC has no jurisdiction over the claims against
outright rejection for lack of jurisdiction in the Department of Labor
them being based on contract, jurisdiction over which belongs to the
where the case was resolved at the first instance and on appeal. Both
regular courts.
the Labor Arbiter and the National Labor Relations Commission
appeared unaware of the utter lack of labor-related issues in the
The sole issue in this case is whether the NLRC has jurisdiction to hold
parties’ conflicting contentions as to the existence of agency
private respondents jointly and severally liable with Facilities
relations between them, and proceeded to decide the case.
Management Corp. and Automation Industries, Inc. for the claims of
Neither of them of course had competence to do so.
petitioners.
G.R. No. 148132 January 28, 2008 We hold that it does not have jurisdiction and that the NLRC
correctly absolved private respondents from such liability. They
SMART COMMUNICATIONS, INC., petitioner, may be held liable in damages for breach of trust, but the action
vs. to enforce such liability must be brought in the regular courts.
REGINA M. ASTORGA, respondent. The NLRC has no jurisdiction over such case.
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and Regulations (Tanjay Water District v. Gabaton, 172 SCRA 253 FATHER: It is my submission that in case of violation of a compromise
[1989]; Hagonoy Water District v. National Labor Relations agreement, the Civil Code may be invoked. In which case, the
Commission, 165 SCRA 272 [1988]; National Housing Corporation v. complainant can choose from the following remedies:
Juco, 134 SCRA 172 [1985]; Baguio Water District v. Trajano, 127
SCRA 730 [1984]. Jurisdiction over the strike and the dismissal of 1. To enforce the original claim
private respondents is therefore lodged not with the NLRC but 2. To move for execution of the compromise agreement
with the Civil Service Commission.
8) EXECUTION OF AWARD OF VOLUNTARY ARBITRATOR
Nevertheless, petitioner never raised the issue of lack of jurisdiction
before the Executive Labor Arbiter, the NLRC or even this Court in A labor arbitrator can act as voluntary arbitrator.
G.R. Nos. 95219-20. In fact, petitioner itself filed the complaint before
the Executive Labor Arbiter in NLRC Case No. RAB-IX-03-0090-87, 9) OVERSEAS EMPLOYMENT DISPUTES (MONEY CLAIMS
sought affirmative relief therefrom and even participated actively in the ARISING FROM SUCH)
proceedings below. It is only now in this case before us, after the
NLRC ordered payment of back wages, that petitioner raises the issue It is the LABOR ARBITER, NOT THE POEA that has ORIGINAL AND
of lack of jurisdiction. Indeed, it is not fair for a party who has EXCLUSIVE JURISDICTION over money claims arising from overseas
voluntarily invoked the jurisdiction of a tribunal in a particular matter to contracts of employment, land-based or sea-based.
secure an affirmative relief therefrom, to afterwards repudiate and deny
that very same jurisdiction to escape a penalty (Ocheda v. Court of This includes employees compensation and social security claims.
Appeals, 214 SCRA 629 [1992]; Royales v. Intermediate Appellate
Court, 127 SCRA 470 [1984]; Tijam v. Sibonghanoy, 23 SCRA 29
[1968]). Section 10 of Republic Act No. 8042, as amended by RA 10022, is
hereby amended to read as follows:
Petitioner is thus estopped from assailing the jurisdiction of the NLRC
and is bound to respect all the proceedings below. SEC. 10. Money Claims. – Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations
NOTE: Casual employees of GSIS (Government) cannot file money Commission (NLRC) shall have the original and exclusive
claims complaints with the Labor Arbiter. jurisdiction to hear and decide, WITHIN NINETY (90) CALENDAR
DAYS after the filing of the complaint, the claims arising out of an
G.R. Nos. 81852-53 March 5, 1993 employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment
ILAW AT BUKLOD NG MANGGAGAWA (IBM), petitioner, including claims for actual, moral, exemplary and other forms of
vs. damage. Consistent with this mandate, the NLRC shall endeavor to
NATIONAL LABOR RELATIONS COMMISSION, LABOR ARBITER update and keep abreast with the developments in the global services
MANUEL P. ASUNCION, ABUNDIO IBASCO, ANTONIO industry.
MAGSIPOC, CARLOS VILLARANTE and BIENVENIDO
RAMIREZ, respondents.
Even if the OCW has not yet gone overseas but he has already
signed the overseas employment contract, the Labor Arbiter has
A perusal of the complaint (Annex I, Petition, p. 59, Rollo) clearly
jurisdiction over his claim for actual and moral damages for breach of
shows that the subject-matter concerns: (a) the assessment and
that contract, having not been deployed.
deduction of 10% from private respondents' CBA differential pay which
were denounced by private respondents as illegal and exorbitant and
BURDEN OF PROOF: A complainant does not have to prove that
made against their will, and (b) private respondents' expulsion from the
he/she was illegally dismissed , only that he/she was an employee and
union. The assessment and deduction of 10% from each employee's
has cease employment.
differential pay were imposed by petitioner through Resolusyon Blg.
265 and the expulsion was adopted by petitioner through Resolusyon
In case of termination of overseas employment without just, valid or
Blg. 15, dated January 6, 1987, both of which were denounced by
authorized cause, the Labor Arbiter can also award interest only on
private respondents as illegal and violative of their rights as union
the placement fee at 12% per annum. Employee is entitled to the
members. Clearly this is an intra-union dispute — a dispute between a
FULL REIMBURSEMENT of the PLACEMENT FEE WITH INTEREST
labor union and its members. "Internal Union Dispute" includes all
AT 12% PER ANNUM.
disputes or grievances arising from any violation of or disagreement
over any provision of the constitution and by-laws of a union, including
10) WAGE DISTORTION CASES (WHERE THERE IS NO CBA
any violation of the rights and conditions of union membership
AND NCMB FAILED TO RESOLVE DISPUTE AFTER 10
provided for in the Code (Book V, Rule I, Section l(a), Omnibus Rules
CALENDAR DAYS OF CONCILIATION
Implementing The Labor Code).
In organized establishments, wage distortion complaints must be
Article 226 of the Labor Code of the Philippines vests on the Bureau of
processed through the Grievance Machinery.
Labor Relations and the Labor Relations Divisions jurisdiction to act on
all inter-union or intra-union conflicts.
Art. 124. Standards/Criteria for minimum wage fixing.
7) VIOLATION OF COMPROMISE AGREEMENTS
In cases where there are no collective agreements or recognized labor
unions, the employers and workers shall endeavor to correct such
Art. 227. Compromise agreements. Any compromise settlement, distortions. Any dispute arising therefrom shall be settled through the
including those involving labor standard laws, voluntarily agreed upon National Conciliation and Mediation Board and, if it remains
by the parties with the assistance of the Bureau or the regional office of unresolved AFTER TEN (10) CALENDAR DAYS of conciliation,
the Department of Labor, shall be final and binding upon the parties. shall be referred to the appropriate branch of the National Labor
The National Labor Relations Commission or any court, shall not Relations Commission (NLRC). It shall be mandatory for the NLRC
assume jurisdiction over issues involved therein EXCEPT in case to conduct continuous hearings and decide the dispute WITHIN
of non-compliance thereof or if there is prima facie evidence that TWENTY (20) CALENDAR DAYS from the time said dispute is
the settlement was obtained through fraud, misrepresentation, or submitted for compulsory arbitration.
coercion.
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premises of a strike area, or work in place of the strikers. The police
Wage Distortions in force shall keep out of the picket lines unless actual violence or other
criminal acts occur therein: Provided, That nothing herein shall be
workplaces where interpreted to prevent any public officer from taking any measure
NCMB
there is no CBA or necessary to maintain peace and order, protect life and property,
recognized labor union and/or enforce the law and legal order. (As amended by Executive
Order No. 111, December 24, 1986)
Refer to Regional Office Any person violating any of the provisions of Article 264 of this Code
20 days to decide shall be punished by a fine of not less than one thousand pesos
of Labor Arbiter (P1,000.00) nor more than ten thousand pesos (P10,000.00) and/or
imprisonment for not less than three months nor more than three (3)
years, or both such fine and imprisonment, at the discretion of the
court. Prosecution under this provision shall preclude prosecution for
the same act under the Revised Penal Code, and vice versa.
This is a case where the Labor Arbiter exercises APPELLATE
JURISDICTION. From the NCMB, the case is brought to the Labor Upon the recommendation of the Minister of Labor and Employment
Arbiter. and the Minister of National Defense, foreigners who violate the
provisions of this Title shall be subject to immediate and summary
11) STRIKE OR LOCKOUT COMPLAINTS AND CASES OF deportation by the Commission on Immigration and Deportation and
VIOLATIONS OF 264 (PROHIBITED ACTIVITIES FOR shall be permanently barred from re-entering the country without the
STRIKES OR LOCKOUTS) special permission of the President of the Philippines. (As amended by
Section 16, Batas Pambansa Bilang 130 and Section 7, Batas
Pambansa Bilang 227)
Art. 264. Prohibited activities.
No labor organization or employer shall declare a strike or lockout There is no prohibition as to the filing of the criminal and
without first having bargained collectively in accordance with Title VII of administrative case SIMULTANEOUSLY.
this Book or without first having filed the notice required in the
preceding Article or without the necessary strike or lockout vote first However, since most of the prohibited practices will also take on the
having been obtained and reported to the Ministry. character of ULP, then you cannot file a criminal complaint which is
also ULP, unless the administrative case is terminated.
No strike or lockout shall be declared after assumption of jurisdiction
by the President or the Minister or after certification or submission of WHO HAS JURISDICTION TO DETERMINE THE LEGALITY OF
the dispute to compulsory or voluntary arbitration or during the STRIKE AND LOCKOUT?
pendency of cases involving the same grounds for the strike or lockout.
In general, the Labor Arbiter in the appropriate Arbitration Branch of
Any worker whose employment has been terminated as a the National Labor Relations Commission has the power to determine
consequence of any unlawful lockout shall be entitled to reinstatement questions involving the legality or illegality of a strike or lockout upon
with full backwages. Any union officer who knowingly participates in an the filing of a proper complaint and after due hearing.
illegal strike and any worker or union officer who knowingly participates
in the commission of illegal acts during a strike may be declared to Where the matter of legality or illegality of strike is raised in the dispute
have lost his employment status: Provided, That mere participation of a over which the Secretary assumed jurisdiction or in disputes certified
worker in a lawful strike shall not constitute sufficient ground for by the Secretary to the Commission for compulsory arbitration, the
termination of his employment, even if a replacement had been hired same may be resolved by the Secretary or the Commission,
by the employer during such lawful strike. respectively. (International Pharmaceuticals, Inc. vs. Secretary of
Labor and Associated Labor Union, GR. No. 92981-83, January 9,
No person shall obstruct, impede, or interfere with, by force, violence, 1992.)
coercion, threats or intimidation, any peaceful picketing by employees
during any labor controversy or in the exercise of the right to self- SOURCE: http://co.ncmb.ph/conciliation-mediation/
organization or collective bargaining, or shall aid or abet such
obstruction or interference. Also, under 2011 NLRC Rules of Procedure
No employer shall use or employ any strike-breaker, nor shall any RULE V
person be employed as a strike-breaker.
PROCEEDINGS BEFORE LABOR ARBITERS
No public official or employee, including officers and personnel of the
New Armed Forces of the Philippines or the Integrated National Police, SECTION 1. JURISDICTION OF LABOR ARBITERS. - Labor Arbiters
or armed person, shall bring in, introduce or escort in any manner, any shall have original and exclusive jurisdiction to hear and decide the
individual who seeks to replace strikers in entering or leaving the
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following cases involving all workers, whether agricultural or non- damages is for actual loss of employment. Moral damages is to
agricultural: recompense the complaint for the discriminatory way in which she was
terminated.
e) Cases arising from any violation of Article 264 of the Labor Code, as
amended, including questions involving the legality of strikes and Only women can file under Article 137.
lockouts;
PROCEDURAL RULES
This is likewise the opinion of Azucena. Also applicable to NLRC
BUT, in one of the exams, ―The NLRC, not the Labor Arbiter, can NLRC and LA are not bound by strict rules of evidence and of
declare a strike legal or illegal‖, the answer is FALSE. procedures. But there are cardinal primary rights which must be
respected in administrative and quasi-judicial proceedings. (Ang
The LA can still correctly rule that no illegal strike was Tibay, February 1940)
committed even if no ULP was in fact committed in a
purportedly ULP-called strike.
BASIS FOR LABOR ARBITER’S DECISION
The decision of the LA that ULP has been committed may be A formal or trial-type hearing is not at all times and in all instances
executed by means of CEASE & DESIST ORDER. essential to due process. Its requirements are satisfied when parties
are afforded fair and reasonable opportunity to explain their sides of
The LA CANNOT award damages to a third party (passer- the controversy.
by, pedestrian) who sustains bodily injury as a result of
violence committed during a strike. G.R. No. 123810 January 20, 1999
12) OTHER CASES THAT ARE WITHIN THE ORIGINAL
CONSOLIDATED RURAL BANK (Cagayan Valley), INC., petitioner,
JURISDICTION OF THE LABOR ARBITER
vs.
NATIONAL LABOR RELATIONS COMMISSION and ANTONIA
Art. 135. Discrimination prohibited. It shall be unlawful for any SANCHEZ, respondents.
employer to discriminate against any woman employee with respect to
terms and conditions of employment solely on account of her sex. It is entirely within the bounds of the Labor Arbiter's authority to
decide a case based on mere position papers and supporting
The following are acts of discrimination: documents without a formal trial or hearing as is sanctioned by the
New Rules Procedure of the National Labor Relations
Payment of a lesser compensation, including wage, salary or other Commission. 9 Thus we have consistently held that the requirements
form of remuneration and fringe benefits, to a female employees as of due process are satisfied when the parties are given the opportunity
against a male employee, for work of equal value; and to submit position papers 10 wherein they are supposed to attach all
the documents that would prove their claim in case it be decided that
no hearing should be conducted or was necessary. 11 Secondly, we
Favoring a male employee over a female employee with respect to note that petitioner and private respondent themselves agreed during
promotion, training opportunities, study and scholarship grants solely the hearing of 3 March 1994 to forego with a formal trial and opted
on account of their sexes. instead to file only their respective replies to each other's position
paper. 12 Given these circumstances, petitioner certainly cannot now
Criminal liability for the willful commission of any unlawful act as be heard to have been deprived of due process.
provided in this Article or any violation of the rules and regulations
issued pursuant to Section 2 hereof shall be penalized as provided in Hence, LAs are not in grave abuse of discretion when they resolve
Articles 288 and 289 of this Code: Provided, That the institution of complaints for illegal dismissal solely on the basis of position papers.
any criminal action under this provision shall not bar the
aggrieved employee from filing an entirely separate and distinct It is a well-settled doctrine that if doubts exist between the evidence
action for money claims, which may include claims for damages presented by the employer and the employee, the scales of justice
and other affirmative reliefs. The actions hereby authorized shall must be tilted in favor of the latter. (Nicario, September 17, 1998)
proceed independently of each other. (As amended by Republic Act
No. 6725, May 12, 1989)
G.R. No. 107721 January 10, 1994
The criminal complaint may be filed simultaneously with the CHRISTOPHER MAÑEBO, petitioner,
administrative complaint. The action for money claims is within the vs.
ORIGINAL AND EXCLUSIVE JURISDICTION of the labor arbiter. NATIONAL LABOR RELATIONS COMMISSION and TRITRAN
and/or MICHAEL TRINIDAD, respondents.
Art. 137. Prohibited acts.
The petitioner alleges that the respondent NLRC committed grave
It shall be unlawful for any employer: abuse of discretion amounting to lack of jurisdiction when it affirmed
the decision of the Labor Arbiter which was principally based on the
To deny any woman employee the benefits provided for in this Chapter Supplemental Position Paper and Memorandum submitted by the
or to discharge any woman employed by him for the purpose of private respondents after the case had already been deemed
preventing her from enjoying any of the benefits provided under this submitted for resolution. He states that no copy of the Supplemental
Code. Position Paper and Memorandum was furnished to him or his counsel,
thereby depriving him of due process. He avers that the Labor Arbiter
To discharge such woman on account of her pregnancy, or while on erred in holding him liable for misconduct and in affirming the 2 June
leave or in confinement due to her pregnancy; 1990 decision of the respondent corporation dismissing him from the
service for alleged misconduct committed on the operations manager
To discharge or refuse the admission of such woman upon returning to when such dismissal had already been lifted by virtue of the resolution
her work for fear that she may again be pregnant. of the Grievance Committee wherein he was even made to report for
work on 19 June 1990. He contends that his employer denied him due
Actions for 137 will take the form of a COMPLAINT FOR RECOVERY process and that the decision to terminate him was a grave and patent
DAMAGES which may be actual and/or moral damages. Actual abuse of discretion.
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In the instant case, the parties have filed their position papers and 4) If serious errors in the findings of facts are raised which would
have even agreed to consider the case submitted for decision cause grave or irreparable damage or injury to the appellant.
after the submission of their respective memoranda. Clearly then,
the Labor Arbiter gravely abused his discretion in disregarding
the rule governing position papers by admitting the Supplemental
Position Paper and Memorandum, which was not even
Labor
accompanied by proof of service to the petitioner or his counsel, 10 DAYS NLRC
and by taking into consideration, as basis for his decision, the Arbiter
alleged facts adduced therein and the documents attached
thereto.
[
(a) Motion to dismiss the complaint except on the ground of lack The payment of the appeal fee is not a mere technicality but is an
of jurisdiction over the subject matter, improper venue, res essential requirement in the perfection of an appeal. However, where
judicata, prescription and forum shopping; the fee had been paid belatedly, the broader interest of justice and the
desired objective in deciding the case on the merits demand that the
appeal be given due course. (C.W. Tan Mfg. February 10, 1989)
Even if the employer’s motion to dismiss was filed out of time, the labor
arbiter may dismiss the complaint because of prescription. (Pepsi Cola GSIS is EXEMPT from the payment of an appeal bond required by
Bottling Company, April 19, 1998) Article 223 of the Labor Code.
(b) Motion for a bill of particulars; A MOTION TO REDUCE THE BOND may be filed together on
meritorious grounds but, meantime, a bond in reasonable amount in
(c) Motion for new trial; relation to the monetary award should be posted with the appeal,
otherwise, the motion does not stop the running of the period to perfect
(d) Petition for relief from judgment; an appeal (Stolt Nielsen, December 13, 2005)
(e) Motion to declare respondent in default; EFFECT OF APPEAL FROM ARBITER TO NLRC
(f) Motion for reconsideration of any decision or any order of the Once the appeal is filed, the Labor Arbiter loses jurisdiction over the
Labor Arbiter; case. All motions/pleadings shall thereafter be addressed to and filed
with the NLRC.
(g) Appeal from any interlocutory order of the Labor Arbiter, such
as but not limited to, an order: ART. 224. EXECUTION OF DECISIONS, ORDERS OR AWARDS.
(1) denying a motion to dismiss; The Secretary of Labor and Employment or any Regional Director, the
Commission or any Labor Arbiter, or Med-Arbiter or Voluntary
(2) denying a motion to inhibit; Arbitrator may, motu proprio or on motion of any interested party,
issue a writ of execution on a judgment WITHIN FIVE (5) YEARS
(3) denying a motion for issuance of writ of execution; or FROM THE DATE IT BECOMES FINAL AND EXECUTORY, requiring
a sheriff or a duly deputized officer to execute or enforce final
(4) denying a motion to quash writ of execution; decisions, orders or awards of the Secretary of Labor and Employment
or regional director, the Commission, the Labor Arbiter or med-arbiter,
(h) Appeal from the issuance of a certificate of finality of decision by or voluntary arbitrators. In any case, it shall be the duty of the
the Labor Arbiter; (i) Appeal from orders issued by the Labor Arbiter in responsible officer to separately furnish immediately the counsels of
the course of execution proceedings; and record and the parties with copies of said decisions, orders or awards.
Failure to comply with the duty prescribed herein shall subject such
(j) Such other pleadings, motions and petitions of similar nature responsible officer to appropriate administrative sanctions.
intended to circumvent above provisions. (5a, RIII)
NOTE: Labor Arbiter CANNOT ISSUE A WRIT OF REPLEVIN. 2011 NLRC RULES OF PROCEDURE
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ISSUE: Whether or not public respondent NLRC acted without or in
NATIONAL LABOR RELATIONS excess of its jurisdiction when it entertained private respondents'
appeal although the surety bond required under Sec. 223 of the Labor
COMMISSION (NLRC) Code was filed 13 days after the ten-day appeal period had expired;
Unlike the National Wages and Productivity Commission and all The petition must fail.
Regional Tripartite Wages and Productivity Board, NLRC is not
directly under the Secretary of DOLE. The New Rules of Procedure of the National Labor Relations
Commission, which among others implemented the provisions of R.A.
NLRC is attached to DOLE only for purposes of policy 6715, were adopted and promulgated only on August 31, 1990 in Cebu
coordination. City, Philippines.
COMPOSITION [213]: The effectivity clause of the New Rules provide that "These New Rules
shall take effect fifteen (15) days after their publication in two (2)
Chairman newspapers of general circulation." (Emphasis supplied.) The New
o Presiding Commissioner of the 1st Division Rules were published in the Manila Bulletin on September 24, 1990.
23 members Thus, the New Rules of Procedure became effective only on October
o 8 from workers organization 9, 1990.
o 8 from employers organization
o 7 from the public sector, preferably to be chosen When respondents-appellants' appeal memorandum became due
from incumbent labor arbiters in April, 1990, the New Rules of Procedurewere not yet in effect.
Presiding Commissioner of the 7 other Prior to the effectivity of those Rules, the filing of the surety bond
divisions was not required for the perfection of an appeal to the NLRC. The
NLRC correctly refrained from dismissing the respondents'
The members must divest themselves of any affiliation or interest in appeal on that score.
the federation or association to which they belong.
WHEN IS LATE FILING OF APPEAL BOND ALLOWED OR
HOW NLRC TRANSACTS ITS BUSINESS: EXCUSED?
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can R.A. No. 6715 be deemed to have retroactive effect, ALMA VILLACARLOS, JOSIE BOSTON, PAULINA PALMA GIL,
prospective application of the law being the rule rather than the GEMMA GALOPE, LEAH CRUZA, DELFA DIAPUEZ, respondent.
exception (Article 4, New Civil Code). More so in the present case
where the law (R.A. No. 6715) itself did not provide for retroactive With respect to the Secretary’s Order allowing payroll
application (Inciong vs. National Labor Relations Commission, reinstatement instead of actual reinstatement for the individual
185 SCRA 651 [1990]). respondents herein, an amendment to the previous Orders issued
by her office, the same is usually not allowed. Article 263(g) of the
Thus, applying the old rules, where perfection of the appeal Labor Code aforementioned states that all workers must immediately
involved only "the payment of the appeal fee and the filing of the return to work and all employers must readmit all of them under the
position paper containing among others, the assignment of same terms and conditions prevailing before the strike or lockout. The
error/s, the argument/s in support thereof, and the reliefs sought phrase "under the same terms and conditions" makes it clear that
within the prescribed period" (Omnibus Rules Implementing the the norm is actual reinstatement. This is consistent with the idea that
Labor Code Book V, Rule I Section 1(s), there is no doubt that any work stoppage or slowdown in that particular industry can be
private respondent company's appeal was duly perfected. detrimental to the national interest.
Employer appeals only the award for damages but not the As an exception to the rule, payroll reinstatement must rest on
monetary claims special circumstances that render actual reinstatement
impracticable or otherwise not conducive to attaining the
ISSUES ON APPEAL purposes of the law.
NLRC shall, in cases of perfected appeals, limit itself to reviewing The "superseding circumstances" mentioned by the Acting
those issues which are raised on appeal. Those which are not raised Secretary of Labor no doubt refer to the final decision of the panel
shall be final and executory. of arbitrators as to the confidential nature of the positions of the
twelve private respondents, thereby rendering their actual and
NLRC also exercises EXCLUSIVE ORIGINAL JURISDICTION: physical reinstatement impracticable and more likely to
exacerbate the situation. The payroll reinstatement in lieu of
actual reinstatement ordered in these cases, therefore, appears
Art. 263. Strikes, picketing and lockouts. justified as an exception to the rule until the validity of their
termination is finally resolved. This Court sees no grave abuse of
When, in his opinion, there exists a labor dispute causing or likely to discretion on the part of the Acting Secretary of Labor in ordering the
cause a strike or lockout in an industry indispensable to the national same. Furthermore, the issue has not been raised by any party in this
interest, the Secretary of Labor and Employment may assume case.
jurisdiction over the dispute and decide it or certify the same to the
Commission (NLRC) for compulsory arbitration. Such assumption
or certification shall have the effect of automatically enjoining the The Commission may sit en banc or in five (5) divisions, each
intended or impending strike or lockout as specified in the assumption composed of three (3) members. Subject to the penultimate
or certification order. If one has already taken place at the time of sentence of this paragraph, the Commission shall sit en banc only for
assumption or certification, all striking or locked out employees shall purposes of promulgating rules and regulations governing the hearing
immediately return-to-work and the employer shall immediately resume and disposition of cases before any of its divisions and regional
operations and readmit all workers under the same terms and branches, and formulating policies affecting its administration and
conditions prevailing before the strike or lockout. The Secretary of operations.
Labor and Employment or the Commission may seek the assistance of
law enforcement agencies to ensure compliance with this provision as G.R. No. L-58184 October 30, 1981
well as with such orders as he may issue to enforce the same.
FREE TELEPHONE WORKERS UNION, petitioner,
When the DOLE Secretary certifies a labor dispute to the NLRC, NLRC vs.
acquires jurisdiction in the first instance. THE HONORABLE MINISTER OF LABOR AND EMPLOYMENT,
THE NATIONAL LABOR RELATIONS COMMISSION, and THE
According to Azucena, NLRC also exercises original PHILIPPINE LONG DISTANCE TELEPHONE
jurisdiction in petitions for injunction (225). COMPANY, respondents.
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applied and administered by public authority with an evil eye and an The production and publication of telephone directories, which is
unequal hand. 49 It does not even have to go that far. An instance of the principal activity of GTE, can scarcely be described as an
unconstitutional application would be discernible if what is ordained by industry affecting the national interest. GTE is a publishing firm
the fundamental law, the protection of labor, is ignored or disregarded. chiefly dependent on the marketing and sale of advertising space for
its not inconsiderable revenues. Its services, while of value, cannot be
deemed to be in the same category of such essential activities as "the
Ateneo de Davao University is not indispensable national interest. With
generation or distribution of energy" or those undertaken by "banks,
all the more reason, St. Scholastic should be deemed indispensable to
hospitals, and export-oriented industries." It cannot be regarded as
national interest. Why did the DOLE Secretary assume jurisdiction over
playing as vital a role in communication as other mass media. The
the dispute?
small number of employees involved in the dispute, the employer's
payment of "P10 million in income tax alone to the Philippine
ST. SCHOLASTICA'S COLLEGE, petitioner, government," and the fact that the "top officers of the union were
dismissed during the conciliation process," obviously do not suffice to
vs. make the dispute in the case at bar one "adversely affecting the
national interest."
HON. RUBEN TORRES, in his capacity as SECRETARY OF
LABOR AND EMPLOYMENT, and SAMAHANG NG According to Father, SC by way of obiter dictum said that the industry
MANGGAGAWANG PANG-EDUKASYON SA STA. ESKOLASTIKA- is not indispensable to the national interest. It did not however stop the
NAFTEU, respondents. DOLE Secretary from assuming jurisdiction over the labor dispute.
FACTS: UNION declared a strike which paralyzed the operations of G.R. No. 120751 March 17, 1999
the COLLEGE. Affecting as it did the interest of the students, public
respondent SECRETARY immediately assumed jurisdiction over the PHIMCO INDUSTRIES, INC., petitioner,
labor dispute and issued on the same day, 5 November 1990, a return- vs.
to-work order. HONORABLE ACTING SECRETARY OF LABOR JOSE
BRILLANTES and PHIMCO INDUSTRIES LABOR
ASSOCIATION, respondents.
HELD: In the instant petition, the COLLEGE in its Manifestation, dated
16 November 1990, asked the "Secretary of Labor to take the
FACTS: On March 9, 1995, the private respondent, Phimco Industries
appropriate steps under the said circumstances." It likewise prayed in
Labor Association (PILA), duly certified collective bargaining
its position paper that respondent SECRETARY uphold its termination
representative of the daily paid workers of the petitioner, Phimco
of the striking employees. Upon the other hand, the UNION questioned
Industries Inc. (PHIMCO), filed a notice of strike with the National
the termination of its officers and members before respondent
Conciliation and Mediation Board, NCR, against PHIMCO, a
SECRETARY by moving for the enforcement of the return-to-work
corporation engaged in the production of matches, after a deadlock in
orders. There is no dispute then that the issue on the legality of the
the collective bargaining and negotiation. On April 21, 1995, when the
termination of striking employees was properly submitted to
several conciliation conferences called by the contending parties failed
respondent SECRETARY for resolution.
to resolve their differences PILA, composed of 352 2 members, staged
a strike.
Such an interpretation will be in consonance with the intention of our
labor authorities to provide workers immediate access to their rights On July 7, 1995, the then Acting Secretary of Labor Jose Brillantes
and benefits without being inconvenienced by the arbitration and assumed jurisdiction over the labor dispute and issued his Order ruling.
litigation process that prove to be not only nerve-wracking, but
financially burdensome in the long run. Social justice legislation, to be The pivotal issue here is: whether or not the public respondent acted
truly meaningful and rewarding to our workers, must not be hampered with grave abuse of discretion amounting to lack or excess of
in its application by long-winded arbitration and litigation. Rights must jurisdiction in assuming jurisdiction over subject labor dispute.
be asserted and benefits received with the least inconvenience. For,
labor laws are meant to promote, not defeat, social justice (Maternity HELD: In this case at bar, however, the very admission by the public
Children's Hospital v. Hon. Secretary of Labor ). 8 After all, Art. 4 of the respondent draws the labor dispute in question out of the ambit of the
Labor Code does state that all doubts in the implementation and Secretary's prerogative, to wit.
interpretation of its provisions, including its implementing rules and
regulations, shall be resolved in favor of labor. While the case at bar appears on its face not to fall within the strict
categorization of cases imbued with "national interest", this office
Father cites Chief Justice Fernando’s reason. However, the St. believes that the obtaining circumstances warrant the exercise of the
Scholastica case was decided by Justice Bellosillo. It is the Free powers under Article 263 (g) of the Labor Code, as amended. 12
Telephone Workers Union case that was decided by Chief Justice
Fernando. In the said case, CJ Fernando reasoned (not in verbatim): The private respondent did not even make any effort to touch on
The judiciary can intervene only when the executive commits a the indispensability of the match factory to the national interest. It
grave abuse of discretion. must have been aware that a match factory, though of value, can
scarcely be considered as an industry "indispensable to the
national interest" as it cannot be in the same category as
G.R. No. 76219 May 27, 1991
"generation and distribution of energy, or those undertaken by
banks, hospitals, and export-oriented industries." 13 Yet, the public
GTE DIRECTORIES CORPORATION, petitioner, respondent assumed jurisdiction thereover, ratiocinating as follows:
vs.
HON. AUGUSTO S. SANCHEZ and GTE DIRECTORIES
For one, the prolonged work disruption has adversely affected not only
CORPORATION EMPLOYEES UNION, respondents.
the protagonists, i.e., the workers and the Company, but also those
directly and indirectly dependent upon the unhampered and continued
GTE Directories Corporation (hereafter, simply GTE) is a foreign operations of the Company for their means of livelihood and existence.
corporation engaged in the Philippines in the business of publishing In addition, the entire community where the plant is situated has also
the PLDT (Philippine Long Distance Telephone Company) telephone been placed in jeopardy. If the dispute at the Company remains
directories for Metro Manila and several provinces. unabated, possible loss of employment, not to mention consequent
social problems, might result thereby compounding the unemployment
Even that assumption of jurisdiction is open to question. problem of the country.
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Thus we cannot be unmindful of the possible dire consequences that discretion given to the Secretary of Labor may not be the subject of
might ensue if the present dispute is allowed to remain unresolved, appeal.
particularly when alternative dispute resolution mechanism obtains to
dispose of the differences between the parties herein. 14
Art. 218. Powers of the Commission.
It is thus evident from the foregoing that the Secretary's assumption
of jurisdiction grounded on the alleged "obtaining XXX
circumstances" and not on a determination that the industry
involved in the labor dispute is one indispensable to the "national To enjoin or restrain any actual or threatened commission of any or all
interest", the standard set by the legislature, constitutes grave prohibited or unlawful acts or to require the performance of a particular
abuse of discretion amounting to lack of or excess of jurisdiction. act in any labor dispute which, if not restrained or performed forthwith,
To uphold the action of the public respondent under the premises may cause grave or irreparable damage to any party or render
would be stretching too far the power of the Secretary of Labor as ineffectual any decision in favor of such party: x x x
every case of a strike or lockout where there are inconveniences in the
community, or work disruptions in an industry though not indispensable Provided, further, That the reception of evidence for the application of
to the national interest, would then come within the Secretary's power. a writ of injunction may be delegated by the Commission to any of its
It would be practically allowing the Secretary of Labor to intervene in Labor Arbiters who shall conduct such hearings in such places as he
any Labor dispute at his pleasure. This is precisely why the law sets may determine to be accessible to the parties and their witnesses and
and defines the standard: even in the exercise of his power of shall submit thereafter his recommendation to the Commission. (As
compulsory arbitration under Article 263 (g) of the Labor Code, the amended by Section 10, Republic Act No. 6715, March 21, 1989)
Secretary must follow the law. For "when an overzealous official by-
passes the law on the pretext of retaining a laudable objective, the
intendment or purpose of the law will lose its meaning as the law itself NLRC has the EXCLUSIVE AND ORIGINAL jurisdiction to ISSUE A
is disregarded" 15 TRO OR AN INJUNCTION stopping any of the prohibited practices
under Article 264 of the Labor Code.
In light of the foregoing, we hold that the public respondent gravely
abused his discretion in assuming jurisdiction over the labor dispute NLRC can delegate the reception of evidence to the Labor Arbiter but
sued upon in the case. the Labor Arbiter cannot issue a TRO or a writ of injunction.
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3. No such temporary restraining order or temporary injunction Third party claimant may be required to post a bond equal to
shall be issued except on condition that complainant shall the amount of his claim; the party seeking execution may file
first file an undertaking with adequate security in an a counterbond.
amount to be fixed by the Commission sufficient to
recompense those enjoined for any loss, expense or The third party claim shall be resolved WITHIN 10 WORKING DAYS
damage caused by the improvident or erroneous issuance of following the submission of the claim for resolution.
such order or injunction, including all reasonable costs,
together with a reasonable attorney’s fee, and expense of NOTE: An employee-salesperson cannot stop his employer, by taking
defense against the order or against the granting of any refuge behind an NLRC restraining order, and prevent the same
injunctive relief sought in the same proceeding and employer from securing from the courts a writ of replevin to recover
subsequently denied by the Commission. from him possession of the car given for his use according to a car
plan that is secured by a chattel mortgage.
G.R. No. 85197 March 18, 1991
OTHER POWERS OF THE NLRC [225 and 226]
NESTLÉ PHILIPPINES, INC., petitioner, 1. Power to make rules and regulations pertaining to its
vs. functions
NATIONAL LABOR RELATIONS COMMISSION, EUGENIA C. 2. Power to administer oaths and issue subpoenas and
NUNEZ, LIZA T. VILLANUEVA, EMMANUEL S. VILLENA, summons
RUDOLPH C. ARMAS, RODOLFO M. KUA and RODOLFO A. 3. Power to investigate, hear and decide disputes within its
SOLIDUM, respondents. jurisdiction
4. Power to hold persons in contempt
Petitioner Nestlé Philippines, Inc., correctly pointed out that: 5. Power to issue restraining orders and injunctions
6. Power to conduct ocular inspection
7. Power to decide appealed cases
The twin directives contained in petitioner's letters to the private
respondents to either (1) settle the remaining balance on the value of NLRC DECISION
their assigned cars under the company car plan or return the cars to
the company for proper disposition; or (2) to pay all outstanding The decision of the NLRC shall be final and executory after 10
accountabilities to the company — are matters related to the calendar days from receipt by the parties.
enforcement of a civil obligation founded on contract. It is not
dependent on or related to any labor aspect under which a labor The losing party is allowed to file a MOTION FOR
injunction can be issued. Whether or not the private respondents RECONSIDERATION of any order, resolution or decision of the NLRC
remain as employees of the petitioner, there is no escape from their based on palpable or patent errors, provided that the motion is under
obligation to pay their outstanding accountabilities to the petitioner; and oath and file within 10 days from receipt of the same. (Pure Foods,
if they cannot afford it, to return the cars assigned to them. March 21, 1989)
As noted, the options given to the private respondents are civil in A party may file only one motion for reconsideration (Section 15, Rule
nature arising from contractual obligations. There is no labor aspect VII of the 2011 NLRC Rules of Procedure). The NLRC Rules do not
involved in the enforcement of those obligations. (p. 7, Rollo.) allow a second motion for reconsideration. If NLRC entertains such a
motion, it violates its own rules and therefore, commits grave abuse of
discretion. (Jardin, February 23, 2000)
XXX
PETITION FOR CERTIORARI WITH THE COURT OF APPEALS
The NLRC gravely abused its discretion and exceeded its jurisdiction
by issuing the writ of injunction to stop the company from enforcing the If the MR fails and there are merits in pursuing the case, the party may
civil obligation of the private respondents under the car loan also seasonably avail itself of the special civil action for certiorari under
agreements and from protecting its interest in the cars which, by the Rule 65 of the Rules of Court on the ground of grave abuse of
terms of those agreements, belong to it (the company) until their discretion amounting to lack or excess of jurisdiction.
purchase price shall have been fully paid by the employee. The terms
of the car loan agreements are not in issue in the labor case. The Both the SC and CA have the power to review NLRC decisions.
rights and obligations of the parties under those contracts may be However, the petition for writ of certiorari should initially be filed with
enforced by a separate civil action in the regular courts, not in the the CA, in line with the principle of hierarchy of courts. (St. Martin,
NLRC. September 16, 1998)
A petition for certiorari filed with CA or SC shall not stay or suspend the
INJUNCTIONS AGAINST NLRC FROM REGULAR COURT
execution of the assailed decision of the NLRC UNLESS a restraining
order is issued by the CA or SC. (Sec. 4, Rule XI, NLRC Rules of
GR: No court has the power to interfere by injunction with the
2011)
judgments or decrees of another court with concurrent or coordinate
jurisdiction possessing equal power to grant an injunctive relief
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When it believes that there is a non-strikeable issue, it categorizes
NATIONAL CONCILIATION AND the strike notice as good for preventive mediation.
WHEN THE DISPUTE HAS ALREADY BEEN ASSUMED OR Yes. By mutual agreement, the parties may decide to bring the matter
CERTIFIED TO THE NLRC, IS IT ALSO POSSIBLE TO REMAND for resolution before an accredited voluntary arbitrator of their own
THE SAME TO CONCILIATION AND MEDIATION SERVICES? choice, in which case the Notice is deemed automatically withdrawn
and dropped from the dockets.
Yes, the parties are not precluded from availing the services of an
NCMB Conciliator-Mediator as the duty to bargain collectively subsists
until the final resolution of all issues involved in the dispute.
Conciliation is so pervasive in application that, prior to a compulsory Art. 124. Standards/Criteria for Minimum Wage Fixing.
arbitration award, the parties are encouraged to continue to exhaust all
possible avenues of mutually resolving their dispute, especially through In cases where there are no collective agreements or recognized
conciliation and mediation services. labor unions, the employers and workers shall endeavor to correct
such distortions. Any dispute arising therefrom shall be settled
SOURCE: http://co.ncmb.ph/conciliation-mediation/ through the National Conciliation and Mediation Board and, if it
remains unresolved after ten (10) calendar days of conciliation, shall
be referred to the appropriate branch of the National Labor Relations
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Commission (NLRC). It shall be mandatory for the NLRC to conduct
continuous hearings and decide the dispute within twenty (20) calendar
days from the time said dispute is submitted for compulsory arbitration.
That the NCMB has no jurisdiction and no role at all to play in wage
distortion cases where the workers are already represented by a union
with a valid subsisting CBA with their employer is FALSE.
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SUPREME COURT
COURT OF APPEALS
Voluntary Arbitration
NLRC Strikes & Lockouts
certified (NCMB has initial assumed Office of the
jurisdiction for BLR (Appellate)
conciliation)
Secretary of Labor Disputes submitted
to Voluntary
Arbitrator
LABOR ARBITER (217) REGIONAL DIRECTOR POEA BUREAU OF LABOR (Med Regional Grievance Machinery
RELATIONS (original Arbiter) office (260)
jurisdiction) Petitions for
CE
1. ULP 129 128 1. Cancellation/Suspen 1. Federation/national trade 1. Local union intra union 1. Disputes concerning
2. Termination Cases (Adjudicatory (visitorial & sion of License of union centers disputes for violation of interpretation/implemen
3. Enforcement of Labor Standards with ) Enforcement Authority to recruit of - Registration/revocation a. Constitution and by-laws tation of CBA
claim exceeding P5,000 per individual, powers) Recruitment and cancellation cases b. Rights and conditions of 2. Disputes concerning
whether or not accompanied with claim Money Agencies (until - Intra union disputes membership under 241 interpretation/implemen
for reinstatement claims 1. Labor phase out within 5 2. Election of officers tation of company
4. Enforcement of Labor standards with arising from standards years as provided in 2. Inter Union Conflicts 3. CBA registration personnel policies
claim NOT exceeding P5,000 per Labor enforcement RA 8042) 4. Independent local/chapter 3. All others defined as
individual, if accompanied with claim Standards 2. Occupation 2. Disciplinary action v. Registration Revocation ―grievance‖ by CBA
for reinstatement Violations al Safety and OCW’s and cancellation cases 4. Wage Distortion cases
5. Damages arising from ER-EE relations NOT Health 5. Visitorial powers under (where there is CBA)
6. All other claims arising from ER-EE exceeding Violations Art. 274 (inquire into
relation P5,000 per union financial activities)
7. Violation of compromise agreements individual 6. Actions arising from 241
8. Execution of award of Voluntary AND without (arising from
Arbitrator claims for administration and
9. Overseas Employment Disputes i.e. reinstatemen accounting of union funds
money claims arising from such t and other violations of
10. Wage distortion cases (where there is rights of members)
no CBA and NCMB failed to resolve
dispute after 10 calendar days of
conciliation
11. Illegal strike/lockout complaints, and
cases on violations of 264 (prohibited
activities for strikes/lockouts)
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