1 Labor Relations Reviewer – Atty. A. E.

Cacho (2021)

Labor Law 2:
Disclaimer:
Labor Relations Reviewer This reviewer serves to supplement the book on Labor Relations and
should be read in conjunction thereof. This reviewer is only to clarify
A.Y. 2020-2021 topics which were explained in class and it should not be used as a
substitute to any book on labor relations.
(from the lectures of Atty. Arnold E. Cacho)
The topics and discussions herein are arranged in accordance with
- PRELIMS COVERAGE - the provisions—and not the dates when they were discussed—for
convenience.

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Book Five – Labor Relations “Those who have less in life should have more in law.” (Ramon
Magsaysay). Thus, the ultimate goal of social justice is the general welfare
Title I
of the people.
Policy and Definition
The quantitative justification is that majority of the sectors of
society consists of labor. If anything which would promote the general
General Principles welfare should be directed towards labor. And labor, being the weakest link
in the society, must always be protected. Inasmuch as the objective of
Art. 218. DECLARATION OF POLICY promoting free trade unionism is to promote social justice. If there is a
A. It is the policy of the State: union, there is a strength because the union usually serves as a
(a) To promote and emphasize the primacy of free collective mouthpiece on the part of the bargaining unit like the rank-and-file
bargaining and negotiations, including voluntary arbitration, employees, because an employee alone, if he is going to speak against
mediation and conciliation, as modes of settling labor or the management, most likely would not be heard. But if it is the union,
industrial disputes; which is already serving as the mouthpiece of its members, then that is
(b) To promote free trade unionism as an instrument for the something which the employer cannot just ignore. Why? Because
enhancement of democracy and the promotion of social justice
disregarding what the union is demanding, especially if there is a collective
and development;
bargaining agreement and if the union is insisting on the employer to
(c) To foster the free and voluntary organization of a strong and
united labor movement; comply with the terms and conditions in the CBA, then the employer can
(d) To promote the enlightenment of workers concerning their rights be charged with unfair labor practice. This is why free trade unionism is
and obligations as union members and as employees; encouraged and it is one of the ways to balance the uneven footing
(e) To provide an adequate administrative machinery for the between the employer and the workers. It is the union which tends to
expeditious settlement of labor or industrial disputes; equalize or to match the vast resources and power of the employer.
(f) To ensure a stable but dynamic and just industrial peace; and
(g) To ensure the participation of workers in decision and policy-
making processes affecting their rights, duties, and welfare. Participation of workers
B. To encourage a truly democratic method of regulating the relations
between the employers and employees by means of agreements The CO-DETERMINATION PRINCIPLE is wherein workers and
freely entered into through collective bargaining, no court or employees are given a voice in matters or decisions and policy-making
administrative agency or official shall have the power to set or fix process affecting their rights and welfare or interest. However, it is only to
wages, rates of pay, hours of work or other terms and conditions of the extent in which their rights, welfare, and interest are affected.
employment, except as otherwise provided under this Code.
This policy is usually embodied in a document denominated as the
collective bargaining agreement. A CBA is negotiated by the union,
Free trade unionism representing the bargaining unit—the bargaining unit may be rank-and-file
SOCIAL JUSTICE is neither communism, nor despotism, nor atomism, nor or an organization of supervisors (because they cannot join the union but
anarchy, but the humanization of laws and the equalization of social and they can form their own union). If the establishment is vast, under the
economic forces by the State so that justice in its rational and objectively Globe doctrine, a bargaining unit may consist of those employees
secular conception may at least be approximated (Calalang v. Williams). belonging to, for example, the manufacturing department, the marketing
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department, etc. It is the employee’s choice to effectively promote their

welfare and mutual interest and benefit.
Concept of labor standards and labor relations
Another example of the principle of co-determination is in the
formulation of the personnel code of conduct or the personnel policies, Labor standards law Labor relations law
which is the embodiment of the policies which would affect the rights, That body of statutes, rules, and
That body of statutes, rules, and doctrines that governs the rights
interests, and welfare of the employees.
doctrines that governs the rights and duties of workers and
and duties of workers and employers by establishing aa legal
employers respecting terms and framework within which better
Promote enlightenment of workers concerning their rights conditions of employment by terms and conditions of work could
prescribing certain standards be obtained through collective
Becoming a member of a union is not just a fad or a mechanical thing on thereof. bargaining or other concerted
the part of the employee. Once an employee or worker becomes a member, activity.
it is important that he must be apprised of his rights as a union member. Labor standards Labor relations
After all, he is mandated to pay union dues, so he should know where union The interactions between
funds are being spent. employer and employees or their
The minimum terms and
representatives and the
Thus, it is important for union members to be apprised of their conditions of employment to which
mechanism by which the
rights and obligations such as their right to vote during those instances employees are legally entitled and
standards and other terms and
where there is an impasse or deadlock with their strike. They have to vote with which employers must
conditions of employment are
who shall be elected or chosen as their union officers. What will be the comply.
negotiated, adjusted, and
qualification in order for them to vote? That they must be paying religiously enforced.
their union dues in order to exercise their political right.
As an employee, it is also important that they should know by heart Organization
the provisions of the company personnel code of conduct, because they
In order for the union to negotiate with the employer, there must be
would know what are the do’s and don’ts while they are in the workplace,
organization or association among the workers. This is a constitutional
so that they can avoid getting themselves entangled with administrative
right of labor, so any act on the part of the employer which would interfere
offenses, which would spell the loss or suspension of their employment.
with or coerce the right of the workers to self-organization is tantamount to
unfair labor practice.

Grievance machinery As a rule, all workers or employees can form, join, or assist in the
formation of a union or organization. There are certain employees,
The machinery in order for the parties to settle their controversies is what however, who are prohibited to join a union or organization such as
is known as the grievance machinery. This is usually a mainstay provision supervisory employees and managerial employees.
in the collective bargaining agreement. But even if the establishment is
unorganized and as such does not have any collective bargaining Another limitation to this right to self-organization is illustrated in
agreement, there is usually that grievance machinery mandated by the the case of Elizalde Rope Workers which pertained to a union security
Labor Code, wherein the parties can submit matters involving clause in regard to a closed shop stipulation. If an employee happens to
interpretation or implementation of the company personnel policies. be a member of a religious sect which prohibits its members from joining a

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union or organization—like Iglesia ni Cristo. In this case, the Supreme (f) “Employee” includes any person in the employ of an employer.
Court upheld the primacy of religious freedom. The term shall not be limited to the employees of a particular
employer, unless this Code so explicitly states. It shall include
Also not allowed to join or form a union are those belonging to the any individual whose work has ceased as a result of or in
subversive organizations. In the government service, those who are connection with any current labor dispute or because of any
engaged in policy-determining, highly confidential employees cannot join unfair labor practice if he has not obtained any other
or form a union because they are the equivalent of managerial employees substantially equivalent and regular employment.
in the government. (g) “Labor organization” means any union or association of
employees which exists in whole or in part for the purpose of
Those parties, the employer, the union agreed not to be included collective bargaining or of dealing with employers concerning
under the doctrine of necessary implication. The DOCTRINE OF terms and conditions of employment.
NECESSARY IMPLICATION provides that rank-and-file employees who (h) “Legitimate labor organization” means any labor organization
occupy the position of executive assistants to managerial employees, duly registered with the DOLE, and includes any branch or local
because of their access to labor relation matters, are not allowed to join thereof.
union of rank-and-file employees. (i) “Company union” means any labor organization whose
formation, function or administration has been assisted by any
act defined as unfair labor practice by this Code.
(j) “Bargaining representative” means a legitimate labor
Strike and lockout organization or any officer or agent of such organization whether
or not employed by the employer.
A deadlock occurs when there is a failure in the collective bargaining
(k) “Unfair labor practice” means any unfair labor practice as
negotiation and employees or the employer may resort to work stoppage.
expressly defined by this Code.
Strike and lockout are the stoppage of work. Strike is staged by the union, (l) “Labor dispute” includes any controversy or matter concerning
while a lockout is by the employer. Both actions have the tendency to terms and conditions of employment or the association or
compel the other party to enter into concessions. representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment,
regardless of whether the disputants stand in the proximate
Art. 219. DEFINITIONS relation of employer and employee.
(a) “Commission” means the National Labor Relations (m) “Managerial employee” is one who is vested with powers or
Commission or any of the divisions, as the case may be, as prerogatives to lay down and execute management policies
provided under this Code. and/or to hire, transfer, suspend, lay off, recall, discharge,
(b) “Bureau” means the Bureau of Labor Relations and/or the Labor assign, or discipline employees. Supervisory employees are
Relations Divisions in the regional offices established under PD those, who in the interest of the employer, effectively
No. 1, in the Department of Labor. recommend such managerial actions if the exercise of such
(c) “Board” means the National Conciliation and Mediation Board authority is not merely routinary or clerical in nature but requires
established under EO No. 126. the use of independent judgment. All employees not falling
(d) “Council” means the Tripartite Voluntary Arbitration Advisory within any of the above definitions are considered rank-and-file
Council established under EO No. 126, as amended. employees for purposes of this Book.
(e) “Employer” includes any person acting in the interest of an (n) “Voluntary Arbitrator” means any person accredited by the
employer, directly or indirectly. The term shall not include any Board as such, or any person named or designated in the CBA
labor organization or any of its officers or agents except when by the parties to act as their Voluntary Arbitrator, or one chosen
acting as employer. with or without the assistance of the NCMB, or any official that

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may be authorized by the SOLE to act as Voluntary Arbitrator

upon the written request and agreement of the parties to a labor
dispute. Kinds of employees:
(o) “Strike” means any temporary stoppage of work by the
• Managerial employees – act in the interests of the employer or those
concerted action of employees as a result of an industrial or
labor dispute. who represent the employer whether directly or indirectly (e.g.,
(p) “Lockout” means the temporary refusal of an employer to department heads).
furnish work as a result of an industrial or labor dispute. ➢ AC Ransom v. NLRC: The SC held that a president is person
(q) “Internal union dispute” includes all disputes or grievances
acting for and in the interest of the employer notwithstanding
arising from any violation of or disagreement over any provision
the fact that the president was never impleaded as a party
of the constitution and by-laws of a union, including any violation
of the rights and conditions of union membership provided for in respondent in the case. The SC said that being the president
this Code. means that the decision can be implemented against him.
(r) “Strike-breaker” means any person who obstructs, impedes, or
• Supervisory employees
interferes with by force, violence, coercion, threats or
intimidation any peaceful picketing by employees during any • Rank-and-file employees
labor controversy affecting wages, hours or conditions of work
or in the exercise of the right to self-organization or collective
bargaining. Significance of the definition of employer
(s) “Strike area” means the establishment, warehouses, depots,
plants or offices, including the sites or premises used as In one case decided by the Supreme Court, the corporation already closed,
runaway shops, of the employer struck against, as well as the and the creditor, who are the employees, were in a quandary as to who
immediate vicinity actually used by picketing strikers in moving they would run after, considering that the company already closed. This is
to and fro before all points of entrance to and exit from said where the definition of the employer would come into play.
establishment.
Who are the persons acting in the interests of the employer (the
employer, who is the company) and who is the likely officer who is the
The NLRC representative of the company? That is no one else but the president.
This is the successor of the Industrial Labor Commission. The law creating Notwithstanding the fact that the president was never impleaded in the
the Court of Industrial Relation is CA 103. labor complaint, the decision, which had already attained the status of
finality, was rightfully implemented against the president.
This is also where the trust fund doctrine would come into play.
The BLE Under the TRUST FUND DOCTRINE, if the corporation already ceased
operations or already closed, generally, stockholders are not liable for the
This is where local unions as well as their collective bargaining agreements obligation for the corporation because of the doctrine of corporate fiction.
are registered. Under the DOCTRINE OF CORPORATE FICTION, corporations have
their own legal personality once they are registered with the SEC, and
because of the separate legal entity which a corporation enjoys, the
The NCMB obligation of the corporation cannot be imputed against the stockholders
or its members. However, if a stockholder happens to have unpaid
The NCMB is where you will find the voluntary arbitrators.
subscription, they are liable to the extent of their unpaid subscription. So
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in order to put up a corporation, what is only required is that 25% of the employee are protected as though there had been no interruption of
capitalized stock must be subscribed and 25% must be paid up. One can service, effective upon return to work.
be a stockholder even if he has not paid in full what he had just subscribed.
However, if the corporation is already dissolved, he can be called upon to What must employees do to maintain their status as employees?
pay for his unpaid subscription. They should file a complaint for illegal dismissal to determine whether or
not such dismissal is illegal or not. If it is illegal, the employee would be
There is an exception to the doctrine of corporation fiction, where entitled to reinstatement (the effect of which is as if the employee had not
one can pierce the veil of corporate fiction such in instances where been terminated) and backwages and all benefits he was supposed to
corporate veil will be used to evade obligations incurred. The reason for receive had he not been illegally terminated.
the concept of corporate fiction is for convenience so that it can be easily
identified that the one liable for the obligation incurred would be the For as long as the employee who was dismissed from employment
corporation. But if the veil of corporate fiction would be used against the continues to question his termination before the labor courts he is still
law, to evade positive obligations, like dissolving one corporation because considered an employee because if his dismissal is found to be illegal, he
there are so many adverse decisions against it already in relation to the is entitled not only to backwages from the time he was dismissed up to the
labor complaints filed by the employees, and in order to evade those, they time of his actual physical or payroll but reinstatement to his former or
closed up the corporation and put up another one but this new corporation equivalent position without loss of seniority rights as if he was never
is manned by the same officers and stockholders. These officers and terminated.
stockholders of the new corporation can be held liable and disregard the
corporate entity of this corporation.
Labor organization
A legitimate labor organization is a labor union duly registered with the BLE.
Supervisory employees If it is not registered, it does not follow that the LU is illegitimate or illegal
Their function is merely recommendatory and not clerical, exercising LU. However, an unregistered LU cannot participate in the certification
independent judgment. They make recommendations to managerial election, negotiate with the employer for a CBA, it cannot stage strike on
employees, who may adopt or reject the same. If they choose to adopt the account of impasse or deadlock. Regardless, it can still function as such
recommendations, they must execute them. because the LU may exist in whole or in part for the mutual interest of its
members.

Employee; “one whose work has ceased”

Company union
The term employee includes any individual whose work has ceased as a
result of or in connection with any current labor dispute or of any No union would admit that it is a company union and no company would
unfair labor practice if he has not obtained any other substantially call a company union as such. It is called as such because its formation
equivalent and regular employment. and organization were emboldened and encouraged by the company. It is
a form of an unfair labor practice because it is an act of interference
Rationale: Cessation of work due to strike or lockout or to dismissal committed by the employer in assisting the formation of a company union.
or suspension constituting as unfair labor practices, does not itself affect If the company was the one who sponsored the organization of a union,
the “employee” status, in the sense that the right and benefits of the then this union would be beholden to the company and it would always
accede to what the company would want from it.

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contract on his own account and under his own responsibility on his own
manner and method free from intervention from the employer or principal.
Bargaining representative In addition, the contractor has his own substantial capital and tools and
The bargaining representative may not be the employee of the employer. equipment and other materials necessary for the business.
Trade unions are an umbrella union who have members who are actually
bargaining agents in at least 10 establishments. They can issue a charter
certificate to a union or organization in a particular establishment, and they Kinds of labor disputes
can represent its chartered local in the negotiation for the CBA.
A. Labor standards disputes

(1) Compensation – underpayment of minimum wages; stringent

Labor dispute; “whether the disputants stand in the proximate output quota; illegal pay deduction.
relation of employer and employee”
(2) Benefits – non-payment of holiday pay, overtime pay.
There can still be a labor dispute even if there is no EER. As a rule, the
provisions of the Labor Code (Art. 82) would apply if there is EER because (3) Working conditions – unrectified work hazards; provision of
if there is no EER, the provisions of the LC would not apply. PPEs; facilities; safety officers; clinics.

If the objective of the complaint is regularization or security of B. Labor relations disputes

tenure, EER is not essential if an independent contractor is involved. The (1) Organizational right dispute/ULP – restraint or interference in
independent job contractors in legitimate job-contracting arrangements. It unionization efforts; reprisal or discrimination due to union
is usually a trilateral relationship which usually applies to janitorial services, activities; company unionism; ULP; strike or lockout.
security guards, messenger—these are the outsourced resources, so
there is no EER between them and the principals on account of the service (2) Representation disputes – uncertainty as to which is the
contract between the principal and the job-contractor. majority union; determination of appropriate collective bargaining
unit; contest for recognition by different sets of officers of the
Employment shall be deemed regular if the services rendered by same union.
the employee are necessary and desirable to the employer.
(3) Bargaining disputes – refusal to bargain; bargaining in bad
Note Art. 107 on indirect employment. faith; bargaining deadlock; economic strike or lockout.
(4) Contract administration or personnel policy disputes – non-
A legitimate and independent job-contractor v. labor-only contractor compliance with CBA provisions; gross non-compliance with
economic provisions; disregard of grievance machinery; non-
A person is deemed to be a LABOR-ONLY CONTRACTOR if he only observance or unwarranted use of union security clause; illegal
supplies workers to an employer who does not have a substantial capital or unreasonable personnel management policies; violation of no-
or investment in the form of tool or equipment or work premises, and the strike/no-lockout agreement.
workers recruited are performing activities which are directly related to the
principal business of such employer. This is prohibited by law. (5) Employment tenure disputes – non-regularization of
employees; non-absorption of labor-only contracting staff; illegal
On the other hand, there is JOB-CONTRACTING when the termination; non-issuance of employment contract.
contractor carries out an independent business and undertakes the
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2) Economic test – payment of wages; manner of payment is not

determinative of EER (e.g., pakyaw basis).
Can a lone employee stage a strike/concerted activity?
3) Power of dismissal – employer can terminate or suspend
According to Mañalac, for there to be a concerted activity, there has to be employees. Termination presupposes that there was an EER prior to
a participation of two or more persons. But according to Azucena, there the termination of employment.
can be a concerted activity if only one employee participates, because a
lone employee can distribute flyers or stand in the premises of the 4) Control test – the employer has control over the means, methods,
employer and distribute propaganda materials to air his grievances or and manner by which the work was being performed, as well as to
complaints. the result of the work. The employer has control and supervision over
employee.

Internal union/intra-union dispute

Better approach
Appointment and election of union officers are done in accordance with the
union by-laws, and if they happen to contest the installation of a union In certain cases the control test is not sufficient to give a complete picture
officer, it constitutes as an intra-union dispute. of the relationship between the parties, owing to the complexity of such a
relationship where several positions have been held by the worker, the
Failure or pay union dues or incurring delinquencies may disqualify BETTER APPROACH is to be adopted. It is a two-tiered test involving: (1)
a union member. All expenditures of the union must be recorded, and a the putative employer’s power to control the employee with respect to the
corresponding receipt must be issued every time the union would spend means and methods by which the work is to be accomplished; and (2) the
its funds. They must be spent in accordance with the constitutional by-laws. underlying economic realities of the activity or relationship.
If an officer of the union commits an act of disloyalty, aligning itself with a
rival union or with the employer, is a ground for expulsion from the union.

Labor organization as an employer

Collective bargaining unit/representative The staff of the labor organization may be considered as an employer
when it is acting as such in relation to persons rendering services under
The collective bargaining unit is a labor union which won in the certification hire, particularly in connection with its activities for profit or gain. Otherwise,
election to represent all employees of a particular company in the CBA it cannot ordinarily become an employer, it will become so if it has a staff
negotiations. or employees performing administrative functions for the union, then it
becomes an employer.

Four-fold test in the determination of EER:

1) Selection and engagement test – exclusive management Unfair labor practice
prerogative. It will always be when the employer interferes with the employees’ rights
• Limitation on the part of the employer: Closed shop stipulation: to self-organization, or when there is coercion, interference, intimidation on
the employer is only mandated to hire union members. labor unions.

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Representation dispute
It is when there is a dispute as to who among the members will represent Alternative Dispute Resolution (ADR) modes
the rank-and-file employees or if there are several unions in a particular
company, a certification election will determine who will be the certified ADR modes include conciliation, mediation, and arbitration.
collective bargaining agent of the company. The rank-and-file employees
of a collective bargaining unit will conduct an election to determine which
union will represent them for negotiation for the CBA. Once a union has Conciliation
been elected, it will represent them for a period of 5 years.
It involves a third party who does not issue a recommendation for the
parties to adopt and enact a resolution for that purpose.

Refusal to bargain on the part of the employer It is a process where a disinterested third party meets with
management and labor, at their request or otherwise, during a labor
Refusal to bargain by the employer constitutes as unfair labor practice. dispute or in collective bargaining conferences, and, by cooling tempers,
However, the non-compliance must be gross in order to constitute as ULP. aids in reaching an agreement (Azucena).
This can be resolved through the grievance machinery, and if it is
unresolved, it will be passed to the voluntary arbitrator. The decision of the
VA can be assailed in the Court of Appeals by petition for review.
Mediation
The mediator can suggest a proposal for the parties to adopt by way of
Two duties in bargaining settlement. In voluntary arbitration, this when the VA can render a decision
or solution with regard to the labor dispute voluntarily submitted by the
1) To negotiate with the union in good faith for CBA; and parties themselves, and that is supposed to be binding on the parties
2) After a CBA is concluded between the parties, there is a duty to themselves because they voluntarily submitted themselves to the
comply with the provisions of the CBA during its lifetime, and not to jurisdiction of the VA. All labor disputes and controversies of the parties
change, modify, alter, amend what was agreed upon by the parties, can be submitted to the VA.
except during the negotiation period or the freedom to contract period.
The freedom to contract period is on the third year of the CBA
wherein parties may negotiate the economic benefits for the next two Arbitration
years of its lifetime (the CBA has a lifetime of 5 years).
Arbitration is compulsory (labor arbiter) and voluntary (NCMB).

How is the voluntary arbiter chosen?

BP Blg. 129, “Judicial Reorganization Act”
The voluntary arbitrator is chosen either by the parties or appointed by a
It is the law which fixes the jurisdiction the subject matter which a particular
government agency to mediate the dispute among the parties.
court can take cognizance.
All disputes agreed upon by the parties may be submitted by them
to the voluntary arbitrator. Voluntary arbitration is one of the voluntary
modes of settling disputes other than conciliation and mediation.
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In labor cases, the parties can agree to bring the matter to the procedure. Before it would be brought to compulsory or voluntary
arbitration branch or to submit a particular issue or controversy to the arbitration, it has to undergo the grievance process. Otherwise, non-
voluntary arbitration. observance of the procedure in the grievance machinery would result in
the violation of the right to due process. It is also considered as a
voluntary mode of settling disputes, there is no issuance of a decision
Decision of the VA is final and executory here. The goal is for the parties to come to terms and settle their
differences. If a dispute or controversy remains unsettled, the next step
The decision of the VA is final and executory, however, jurisprudentially, it is voluntary arbitration.
appears that there is still a remedy for that which is a petition for review
under Rule 43 of the Rules of Court. B. Conciliation (literally means "to draw together") — a process where a
disinterested third party meets with management and labor, at their
Rule 45 only involves a question of law. Rule 65 is predicated on request or otherwise, during a labor dispute or in collective bargaining
grave abuse of discretion because it is a civil action for certiorari. The conferences, and, by cooling tempers, aids in reaching an agreement.
period to file a petition under Rule 65 is 60 days from the denial of the
motion for reconsideration. By way of special civil action, you still have to C. Mediation (literally means "to be in the middle") — a third party studies
file a motion for reconsideration by way of motion precedent to afford the each side of the dispute then makes proposal for the disputants to
court tribunal or body an opportunity to rectify itself before you can consider. But a mediator, like a conciliator, cannot render an award or
establish that the court committed grave abuse of discretion. render a decision; they do not adjudicate. Conciliation and mediation,
usually combined, are done primarily by "Conciliators-Mediators" of the
National Conciliation and Mediation Board.
Remedies in labor disputes D. Visitorial power of SOLE — (see Bomboradyo case) a proactive action
on the part of the regional director of the DOLE to inspect the premises
The voluntary modes of settling disputes should take precedence and the
of the employer, and in the course of the labor inspection, he interviews
parties should always put a premium on the voluntary modes (conciliation,
the employees who are found therein during office hours, and find if the
mediation, and voluntary arbitration).
employer is complying with the labor standards under Labor Code.
SEnA (Single-Entry Approach) is non-adversarial. It is not yet the
E. Recovery power of SOLE — (Art. 129) if the amount involved in the
official complaint filed before the labor arbiter. Though all complainants
claim is less than 5,000 and is not accompanied with a claim for
prior to formalizing their complaint must undergo SEnA. SEnA has been
reinstatement it falls under the jurisdiction of the regional director of the
institutionalized so as to not swamp labor arbiters with cases. The filing of
DOLE. Otherwise, if it is accompanied with a claim for reinstatement, it
a complaint is convenient due to the absence of a docket fee (unlike in a
is a case of illegal dismissal which falls under the jurisdiction of the LA.
complaint before the regular courts). Once the parties have settled their
issues in SEnA, then there is no need to file a complaint anymore. That is F. Enforcement or compliance order — an act of the Secretary of Labor
an example of conciliation of mediation. (through Regional Director or other representatives) in the exercise of
his visitorial or administrative authority to enforce labor laws, policies,
A. Grievance Procedure— in-house adjustment of complaint, problem, or
plans, or programs, or rules and regulations.
dispute following the steps prescribed in CBA or company policy. If the
establishment is organized, there is a union, and if there is a union, G. Certification of bargaining representatives — determination of which
there is a CBA, and in the CBA, there is a grievance procedure. All contending unions shall represent employees in collective bargaining.
matters of the provisions of the CBA as well as company personnel This is handled by "Med-Arbiters" of DOLE Regional Offices after
policies are subject matters which are cognizable by the grievance certification or consent elections.
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H. Arbitration — the submission of a dispute to an impartial person for as a last resort. Once the SOLE intervenes, he issues a return-to-work
determination on the basis of evidence and arguments of the parties. order, which is not tantamount to involuntary inservitude. If they defy the
Arbitration, unlike conciliation or mediation, is adjudication and the return-to-work order, they will lose their employment status. Examples of
arbitrator's decision or award is enforceable upon the disputants. A industries indispensable to national interest: transportation, education,
dispute pending in arbitration cannot be a ground for strike or lockout; airline industry, Hacienda Luisita strike. SOLE has no jurisdiction over
to do so will be a sabotage of the arbitration process. controversies involving the employees of the government; jurisdiction
belongs to the Public Sector Labor Management Council (under the Civil
"Voluntary" — if submission of the dispute is by agreement of the Service Commission).
parties and the arbitrators or panel of arbitrators is chosen by them.
Voluntary Arbitration is done, of course, by "voluntary arbitrators." J. Certification to NLRC — an action of the Secretary of Labor
empowering NLRC to compulsorily arbitrate a dispute causing or likely
"Compulsory" — if submission of the dispute is by directive of law. to cause a strike or lockout in an industry indispensable to the national
Unlike a conciliator or a mediator, an arbitrator is a judge; he makes interest. Either "assumption" or "certification" automatically enjoins an
decisions and awards that the parties must accept. Compulsory ongoing or impending strike/lockout. A return-to-work order is issued to
Arbitration is done primarily by "Labor Arbiters" of the NLRC. In strikers; at the same time the employer is ordered to immediately
voluntary arbitration (VA), the award is final and unappealable, except resume operations and readmit all workers under the same terms and
through certiorari. conditions prevailing before the strike or lockout.
It is compulsory because if there is no settlement reached in the K. Injunction — is an extraordinary remedy which is not favored in labor
SEnA, the complainant would be advised to formalize his complaint and law. A writ of injunction is issued to stop or restrain an actual or
file it before the complaint unit of the arbitration branch. Then, it will be threatened commission of prohibited or unlawful acts or to require the
raffled off to a particular labor arbiter, and once the LA receives the case, performance of an act, which if not restrained or performed forthwith,
he will issue a summons to acquire jurisdiction over the defendant- may cause grave or irreparable damage to any party or render
employer. The pro forma complaint is attached in the summons. That is ineffectual any decision in favor of such party. In short, an injunction
why it is compulsory—the summons is something which the employer makes a negative or a positive command. It is a provisional and ancillary
cannot ignore. What happens if the employer ignores the summons? remedy. It is provisional because it has to rely on a principal action.
The LA will proceed with the proceedings by requiring the complainant Kinds of injunction are: (1) mandatory injunction and (2) prohibitory
to submit a position paper. The LA will have to rely only on the injunction. Only the NLRC can issue an injunction.
allegations stated in the position paper of the complainant. It does not
necessarily mean that the LA would adopt the allegations and the cause 1) Mandatory injunction – to compel a person to undo an act that
of action of the complainant. The LA would still have to determine if the was illegally committed.
complainant is entitled to the reliefs he prayed for in his pro forma
complaint. The complainant still has to substantiate his allegations. 2) Prohibitory injunction – to stop an illegal act about to be
committed.
In compulsory arbitration (CA), the decision is appealable to NLRC, then
to the Court of Appeals, thru special civil action of certiorari. As a rule, an injunction or an order to prevent or stop an act is
avoided in resolving a labor dispute. The state policy, rather, is to
I. Assumption of jurisdiction — an authority vested by law to the encourage the parties to use the nonjudicial processes of negotiation and
Secretary of Labor or the President to decide a dispute causing or likely compromise, mediation-conciliation and arbitration.
to cause a strike or lockout in an industry indispensable to national
interest. The SOLE may only assume jurisdiction over the labor dispute The requirements or conditions to secure injunction are provided
for in Article 218(e) of the Labor Code.
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12 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

L. Temporary Restraining Order — is issued first before a writ of There must be an exhaustion of administrative remedies by filing a
preliminary action. If the action sought to be restrained is urgent, the motion for reconsideration. If the MR is denied, that is only when you
applicant can apply first for a TRO. Within 24 hours from the issuance can file for a special action under Rule 65 within a period of 60 days
of a TRO, the court will call upon the parties to decide whether to from the receipt of resolution.
continue with the TRO. The lifetime of a TRO is 20 days, after which it
is automatically lifted. Thereafter, the applicant can apply for a writ of Q. Review by court — No law allows appeal from a decision of the
mandatory or prohibitory injunction. The only tribunal which can issue a Secretary of Labor, or of the NLRC, or of a Voluntary Arbitrator. In these
TRO longer than 20 days is the Supreme Court. cases, the petition for certiorari, prohibition, or mandamus (Rule 65,
Rules of Court) may be lodged with the Supreme Court or the Court of
M. Judicial Action — complaint filed with regular court in cases falling Appeals. The grounds for petition for certiorari and/or prohibition are
under its jurisdiction. Examples: Offense against persons or property; abuse of discretion, or lack or excess of jurisdiction. Review under Rule
criminal case of ULP; illegal recruitment (not a labor dispute but a 45 is for raising question of facts.
criminal violation).
R. Compromise agreement — in any stage of any of these settlement
N. Damages — where an innocent by-stander was injured during a strike processes, the labor dispute may be resolved by the parties through a
(Liwayway Publication case). An action for damages sustained by an compromise agreement, provided that the agreement is freely entered
innocent by-stander in the course of a labor dispute must be filed with into and is not contrary to law, moral, or public policy (because it is the
the regular courts because there is no EER. law between the parties). Third persons are not bound; only the parties
to a compromise agreement are bound. A compromise agreement is
O. Criminal Action — where a strike or any labor dispute is attended by also subject to approval of the authority before whom the case is
violence, or someone suffered less serious physical injuries. Labor pending. Even a labor standards case can be settled through a
tribunals cannot take cognizance of this, but only regular courts. compromise.
Freedom of expression is not absolute; employees can be charged with
oral defamation. Elements:

P. Appeal—the process by which an order, decision, or award is elevated 1. The compromise agreement is freely entered into, and;
to a higher authority, on specified grounds, so that the order, decision 2. The compromise agreement is not contrary to law, moral, or public
or award may be modified or set aside and a new one issued. In policy.
instances where appeal is allowed, the administrative remedies should
be availed of, as a rule, before the aggrieved party may go to court. This In case of breach or violation of the compromise agreement (being a
is the legal rule known as exhaustion of administrative remedies. product of voluntary submission, is immediately executory), the remedy
Examples of appeal: an enforcement order of a Regional Director in of the other party is:
labor standard cases is appealable to the Secretary of Labor; a denial a) To have it implemented or enforced by applying for a writ of
of union registration in the Regional Office is appealable to the Bureau execution with the LA (LA has jurisdiction over violations of a
of Labor Relations; a decision of a Labor Arbiter is appealable to the compromise agreement), or
appropriate NLRC division (but not to the Secretary of Labor). b) Rescind the compromise agreement and go back to the original
Decisions of the LA can be appealed to the NLRC, and decisions action.
of the NLRC will be reviewed before the Court of Appeals, and then CA Note that the abovementioned remedies are only alternative—meaning, if
decisions can be appealed to the Supreme Court. you ask for one of the 2 remedies, you cannot ask for the other.

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13 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Title II branches and formulating policies affecting its administration

and operations;
National Labor Relations Commission
b. Appointing of labor arbiters;
c. On temporary or emergency basis, allow cases within the
Composition of the NLRC (Art. 220) jurisdiction of any division to be heard and decided by any
other division whose docket allows the additional workload
- Composition is trilateral: the public sector, the employers, and the
and such transfer will not expose litigants to unnecessary
employees’ sectors are duly represented.
additional expense; and
➢ Rationale behind trilateral composition: Art. 1700, CC: “The
d. Recommend to the President the extension of service of a LA
relations between capital and labor are not merely contractual.
up to the maximum age of 70.
They are so impressed with public interest that labor contracts
must yield to the common good x x x” and Art. 1701, CC; - Divisions 1, 2, 3, 4, 5, and 6 shall handle cases from the NCR and other
“Neither capital nor labor shall act oppressively against the parts of Luzon;
other, or impair the interest or convenience of the public.”
- Divisions 7 and 8 shall be from Visayas and Mindanao, respectively.
- 24 members (1 Chairman and 23 members)
- The divisions of the Commission shall have exclusive appellate
- 8 members shall be chosen only from among the nominees of the jurisdiction over cases within their respective territorial jurisdiction.
workers and employers’ organizations.
- The “division” is the legal entity, not the persons who sit in it, who has
- The Chairman and the remaining 7 members shall come from the adjudicatory power. An individual commissioner has no adjudicatory
public sector, with the latter to be chosen preferably from among the power but can concur or dissent in deciding a case.
incumbent labor arbiters.
- Appointed by the President (Art. 222).
How divisions decide cases
- Requirement for members: They shall divest themselves of any
affiliation with or interest in the federation or association to which they - The concurrence of 2 Commissioners of a division shall be necessary
belong. for the pronouncement of a judgment or resolution.
- Whenever the required membership in a division is not complete and
the concurrence of 2 Commissioners to arrive at a judgment or
Divisions of the NLRC (Art. 220) resolution cannot be obtained, the Chairman shall designate such
number of additional Commissioners from the other divisions as may
- The Commission may sit en banc or in 8 divisions each composed of
be necessary.
3 members.
- The conclusions of a division on any case submitted to it for decision
- The Commission shall sit en banc:
shall be reached in consultation before the case is assigned to a
a. Promulgating rules and regulations governing the hearing and member for the writing of the opinion. It shall be mandatory for the
disposition of cases before any of its divisions and regional division to meet for purposes of the consultation ordained herein.

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14 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

- A certification to this effected signed by the Presiding Commissioner of - Chairman and other Commissioners:
the division shall be issued and a copy thereof attached to the record
of the case and served upon the parties. ✓ Members of the Philippine Bar
✓ Have been engaged in the practice of law in the Philippines for
at least 15 years.
➢ Cayetano v. Monsod: The practice of law means any
Presiding Commissioner of divisions activity, in and out of court, which requires the
- First division: The Chairman shall be the Presiding Commissioner application of law, legal procedure, knowledge, training,
and experience. To engage in the practice of law is to
- Second, third, fourth, fifth, sixth, seventh, and eighth divisions: The perform acts which are usually performed by members
other 7 members from the public sector shall be Presiding of the legal profession. Generally, to practice law is to
Commissioners. render any kind of service which requires the use of
legal knowledge and skill.
✓ At least 5 years of experience or exposure in the field of labor-
The Executive Clerk of the Commission management relations.
✓ Preferably be residents of the region where they shall hold
- Shall aid the Chairman, who shall have exclusive administrative office.
supervision over the Commission and its regional branches and all its
personnel, including LAs. - The appointment of the NLRC Commissioners does not require
confirmation by the Commission on Appointments (Calderon v. Carale).
- Shall assist the Commission sitting en banc.
- Labor Arbiters:
- When acting thru its divisions, the EC for the first division and 7 other
Deputy Executive Clerks of the other divisions shall perform functions ✓ Members of the Philippine Bar
and duties similar to those discharged by the Clerk of Court and Deputy ✓ Have been engaged in the practice of law in the Philippines for
Clerks of the Court and Court of Appeals. at least 10 years
✓ At least 5 years of experience or exposure in the field of labor-
management relations.
Labor arbiters & Commissioners - The Chairman, the other Commissioners and the LA shall hold office
- Labor arbiters shall be appointed by the Commission en banc. They during good behavior until they reach the age of 65 unless removed for
hold the same rank as judges. cause as provided by law or become incapacitated to discharge the
duties of their office.
- Commissioners hold the same rank as justices of the Court of Appeals.
The anomaly here is that the decisions of Commissioners are - The President may extend the services of the Commissioners and
reviewable by the justices of the Court of Appeals (St. Martin Funeral Labor Arbiters up to the maximum age of 70 years upon
Homes v. NLRC). recommendation of the Commission en banc.
- The Chairman, the Division Presiding Commissioners, and other
Commissioners shall all be appointed by the President.
Appointment and qualifications (Art. 222)

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15 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

- The Labor Arbiters shall also be appointed by the President upon The general rule is that if a court or administrative body does not
recommendation of the Commission en banc and shall be subject to have any jurisdiction, the matter pertaining to lack of it can be assailed at
Civil Service Law, rules and regulations. any stage of the proceedings, even for the first time in an appeal, because
jurisdiction is fixed by law. It cannot be the subject of a stipulation between
- The Chairman of the Commission shall appoint the staff and the parties such as in cases of venue or in some administrative cases.
employees of the Commission and its regional branches as the needs
of the service may require, subject to the Civil Service Law, rules and However, there are instances wherein the courts and LAs, despite
regulations, and upgrade their current salaries, benefits and other lack of jurisdiction can still render a valid decision between the parties.
emoluments in accordance with law.
JURISDICTION BY ESTOPPEL. Estoppel precludes a person
from something contrary to what has been implied by a previous action or
statement. Operative acts that give rise to estoppel are: active participation
Nature of proceedings before the LA of a party litigant, and asking for an affirmative relief from the court which
The NLRC Rules describe the proceedings before a Labor Arbiter as non- does not have any jurisdiction. Affirmative reliefs include damages or
litigious, meaning that the rigid technicalities of law and procedure in the dismissal of the complaint for lack of merit. (case: Tijam v. Sibonghanoy)
regular courts do not apply in the NLRC or LA proceedings (Art. 227, LC)
and they are only bound by substantial evidence.
Jurisdiction of the labor arbiter

Art. 224. JURISDICTION OR LABOR ARBITERS AND THE

BASIC PRINCIPLES OF JURISDICTION COMMISSION.
Jurisdiction is the power or authority of the courts to hear and decide cases (a) Except as otherwise provided under this Code the Labor Arbiters
and execute judgment. If the court or tribunal has no jurisdiction over the shall have original and exclusive jurisdiction to hear and decide,
within 30 calendar days after the submission of the case by the
cause of action or the subject matter filed before it, a party may file for a
parties for decision without extension, even in the absence of
motion to dismiss for lack of jurisdiction. If the motion to dismiss is denied stenographic notes, the following cases involving all workers,
because the judge or LA is insisting to take cognizance of a case, the whether agricultural or non-agricultural:
remedy is to file for a motion for reconsideration, giving the court an 1. Unfair labor practice cases;
opportunity to rectify its decision. If the motion for reconsideration is denied, 2. Termination disputes;
the remedy is to file for a certiorari. 3. If accompanied with a claim for reinstatement, those cases
that workers may file involving wages, rates of pay, hours of
If it is a regular court, the filing of a MR is indispensable because work and other terms and conditions of employment;
you are laying down the foundation for ascribing grave abuse of discretion 4. Claims for actual, moral, exemplary and other forms of
on the part of the court. Usually, a MR is a prohibited pleading but under damages arising from the employer-employee relations;
the amendment in the 2011 NLRC Rules of Procedure, there is a remedy 5. Cases arising from any violation of Art. 279 of this Code,
akin to a petition for certiorari under Rule 65 wherein you can question the including questions involving the legality of strikes and
denial by the LA of a motion to dismiss by filing a petition before the lockouts;
Commission. It must also be accompanied by a prayer for TRO or writ of 6. Except claims for Employees Compensation, Social
preliminary injunction, which ancillary reliefs are bested before the Security, Medicare and maternity benefits, all other claims,
Commission. arising from employer-employee relations, including those of
persons in domestic or household service, involving an

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16 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

amount exceeding ₱5,000.00 regardless of whether b) Disciplinary action cases and other special cases which are
accompanied with a claim for reinstatement. administrative in character involving employers, principals,
(b) The Commission shall have exclusive appellate jurisdiction over all contracting partners and Filipino migrant workers.
cases decided by Labor Arbiters.
(c) Cases arising from the interpretation of collective bargaining ➢ To blacklist and suspend OFWs.
agreements and those arising from the interpretation or
enforcement of company personnel policies shall be disposed of by ➢ Persons whom OFWs are entitled to support (i.e., wives and
the Labor Arbiter by referring the same to the grievance machinery families of OFWs) may file a complaint with the POEA and
and voluntary arbitration as may be provided in said agreements. not with the regular court. If it will be filed with the regular
court, there would be litigation expenses to be shouldered by
the complainant and there would be a proceeding first. The
Claims of the kasambahay POEA is the one approving the overseas contracts of the
seafarers, who must be cleared of any complaint. The most
Under the Kasambahay law, jurisdiction over the kasambahay’s claims,
compelling way to get the seafarers to accede to the demand
regardless of the amount, is now vested with the Regional Director of the
of support of those entitled to be supported would file a
SOLE by express provision of the law.
complaint with the POEA.
Illegal recruitment is a criminal offense and is lodged with the regular courts.
Additional jurisdiction of LA; money claims from foreign employment Note that administrative bodies (like the POEA) cannot impose the penalty
of imprisonment, which would characterize a criminal case. However, it can
Matters involving EER between the principal employer or the foreign impose an administrative fine; the power to impose the penalty of
employer and the OFWs is under the POEA jurisdiction. However, RA imprisonment belongs to the regular courts.
8042 (Migrant Workers Act) transferred the jurisdiction over money claims
of overseas Filipino contract workers from the POEA to the LA.
Proceedings in the POEA are summary in nature and naturally if Additional jurisdiction of LA; enforcement of compromise
the claim involves a monetary consideration, it might involve appreciation agreements
of evidence and the LAs are better equipped in evaluating or appreciating
In addition to those mentioned in Art. 224, the LA also has jurisdiction over
the evidence that would be presented by the parties.
the enforcement of compromise agreements when there is non-
compliance by any of the parties.

Subject matters retained in the jurisdiction of the POEA In cases of compromise agreements between the parties, there is
a compromise judgment issued by the LA. One of the remedies for non-
The POEA retains original and exclusive jurisdiction to hear and decide: compliance with the compromise agreement is the enforcement of the
a) All cases which are administrative in character, involving or arising compromise judgment. The other remedy is for the parties to the comprise
out of violations of rules and regulations relating to licensing and agreement is to have the same rescinded and go back to the original
registration of recruitment and employment agencies or entities; demand or claim.
and
➢ Power to issue, revoke, and cancel licenses to operate Additional jurisdiction of LA; wage distortion disputes
placement agencies.
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17 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Another case where the LA has jurisdiction over are wage distortion All cases which Labor Arbiters have authority to hear and decide may be
disputes in unorganized establishments not voluntarily settled by the filed in the Regional Arbitration Branch having jurisdiction over the
parties pursuant to RA 6727, as reflected in Art. 124. workplace of the complainant or petitioner (Sec. 1[a], NLRC Rules of
Procedure). Basically, what determines the venue in labor cases is the
WAGE DISTORTION is a situation where an increase in location of the workplace of the complainant.
prescribed wage results in the elimination or severe contraction of
intentional quantitative differences in wage or salary between or among
employee groups (rank-and-file, supervisory, & managerial) in an
establishment as to effectively obliterate the distinctions embodied in such Workplace
wage structure based on skill, length of service, or other logical base of The workplace shall be understood as:
differentiation.
➢ The place where the employee is regularly assigned; or
In reality, what happens in order to avoid this salary distortion is ➢ Where the employee is supposed to report back; or
the employees would just apply the new wage rate to the salaries of the ➢ Where the employee receives his salaries, wages, or work
supervisory employees in order to maintain the gap between the different instructions.
employee groups. If they cannot resolve this distortion, it falls under the
jurisdiction of the LA which is compulsory arbitration unlike the grievance
machinery built into the CBA which is voluntary.
When two or more branches have jurisdiction
If two or more arbitration branches have jurisdiction over the workplace of
BASIC PRINCIPLES OF VENUE the complainant or petitioner, the branch that first acquired jurisdiction over
the case shall exclude the others (Sec. 1[b], NLRC Rules of Procedure).
Jurisdiction is the power or authority of the courts to hear and decide cases Concurrent jurisdiction is when two or more branches have the authority
while venue refers to the location or place of the court or tribunal or where to receive the complaint but when a case is filed in one branch, the other
the complaint is lodged. Jurisdiction is fixed by law while venue may be the branches are excluded. If the complaint was filed with an improper venue,
subject of stipulation between the parties. the remedy is to file a motion to dismiss.
Venue is stipulated by the parties through their contract. The use Which administrative body has jurisdiction over a government
of words such as “only” and “shall” will make the venue exclusive and not employee depends upon the employee’s salary grade. If the salary grade
just anywhere. is 26 and below would be the regular courts, and 27 and above would be
The place of the commission of the crime or any of its essential the Sandiganbayan. The Ombudsman conducts the preliminary
ingredients or elements will determine the venue of the criminal case, investigation and if it finds probable cause, it would file the complaint with
unlike in civil and administrative cases. The exception to the rule on venue the proper court.
on criminal cases is when the lives and security of the witnesses is
threatened because the accused is a prominent figure in that place and he
wields great influence. Only the Supreme Court may allow the change of Proceedings of labor cases (from SEnA to SC)
venue upon the request by the concerned party.
During the conciliation and mediation in the SEnA, the parties will be
advised to file a complaint with the complaint unit of the arbitration branch.
Immediately after the filing of the formal complaint before the arbitration
Venue in labor cases branch, it will be raffled off to a particular labor arbiter. Upon receipt of the
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18 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

complaint by the office of the LA, the LA would issue through the litigant would want to ask questions, he has to course it through the LA
arbitrational branch a summons, a compulsory process upon serving which because it is non-litigious. There is no cross-examination or direct
to the respondent would acquire jurisdiction over the person. The examination, only clarificatory questions by the LA.
summons would already contain the schedule for the MANDATORY
CONFERENCE. This is the same as a pretrial conference in complaints If the LA is satisfied with the questioning, it will be submitted for
before regular courts. In criminal cases, it is called preliminary conference; decision. No motion of reconsideration is allowed from the decision of the
in civil cases it is a pretrial conference. LA. The aggrieved party has 10 days from which to file for an appeal to the
NLRC. Upon perfection of appeal, the party has a period of 10 days in
The mandatory conference is where the LA tries to encourage the which to file an answer or reply to the memorandum on appeal. After the
parties to settle their cases amicably. If the venue is improper, a motion to filing of an answer or reply, the case is already submitted for decision on
dismiss must be filed before the mandatory conference. If the complainant appeal, so the Commissioner to whom the case was raffled off will
attends the mandatory conference without filing for a motion to dismiss on promulgate its decision. If it is with the concurrence of the majority of the
the ground of improper venue, such is deemed waived. division, then it will be the official decision.
In a pretrial conference, a judge would defer before the PMC (the Decisions of the NLRC may be brought to the Court of Appeals
Philippine Mediator Center) and it will be the ConMed (Conciliator- through a PETITION FOR CERTIORARI under Rule 65. The exhaustion
Mediator) who will encourage the parties. If there is no settlement, the case of administrative remedies must be observed. A MR must be filed after the
would be referred back to the court. This is where the judicial dispute decision of the Commission to give them an opportunity to rectify the
resolution would go into the picture in regular courts. Judges would try to decision sought to be reconsidered. If the MR is denied, a second MR is a
settle the case amicably, and if still there is no settlement reached, the prohibited pleading. It is only then you can file a petition for certiorari with
judge would in the case would have to inhibit himself because in trying to the Court of Appeals within the period of 60 days from the receipt of the
encourage the parties to settle the case amicably, the judge would already denial of the MR.
be attached to the parties of the case. There is already a pre-judgment in
a dispute resolution which is why judges would inhibit themselves. From the CA, if the decision is still adverse, you can either go
However, before the LA, if there is no pre-judgment during the mandatory directly to the SC on a PETITION FOR REVIEW or still file a MR. Ideally,
conference, the parties would be directed to file their respective position you should go to the SC after filing a MR in order to see what particular
papers. There is no trial because the nature of the proceedings with the LA issues you want to raise before the SC.
is non-litigious. They have to adopt only such means to ascertain the facts
of each case expeditiously.
Venue; complainant is an OFW
Upon the submission of the position paper which is simultaneous,
the parties would then submit their reply. Under the present rules, the The OFW has two options: (1) to file the case before the Regional
submission of the reply would be final. There is no more rejoinder or any Arbitration Brach (RAB) having jurisdiction over the place where the
other pleadings after the submission of the reply. This is to resolve cases complainant resides, or (2) where the principal office of any of the
expeditiously. After the reply, the case will be submitted for resolution, respondents is situated (Sec. 1[e], NLRC Rules of Procedure).
unless the evaluation of the LA or the LA finds the need to be clarified. The
The respondent in a complaint filed by the OFW is the agency and
LA would then file for a CLARIFICATORY HEARING. A trial is where the
the principal employer or the foreign employer. To acquire jurisdiction over
parties would present their evidence and conduct a cross-examination
the foreign employer, service of the summons to the agency would suffice
through an affidavit by the plaintiff. In a clarificatory hearing, it is the LA
because the liability between the foreign employer and the agency is joint
who propounds a question to the party-litigants. If the lawyer or party-
and solidary.
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19 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

As a general rule, the summons must be served by the sheriff If the claim is accompanied with a claim for reinstatement, automatically, it
personally. If he is unable to do so, he may resort to summons through is a complaint for illegal dismissal.
substituted service. The service of summons through substituted service
may be resorted to if after the sheriff has exhausted all his efforts or has The SEC has jurisdiction over intra-corporate disputes involving
made several attempts to serve the summons by personal service. There corporate officers before it can be transferred to the regular courts under
must be a three tries or attempts. If the defendant is still not at his residence, the expanded jurisdiction (Sec. 5, PD 902-A):
the sheriff will serve the summons to somebody of sufficient age and 1) Controversies arising out of intra-corporate or partnership relations
discretion to receive the summons. It must be reflected in the sheriff’s between and among stockholders, members, or associates;
return that reasonable efforts were made by the sheriff before resorting to between any or all of them and the corporation, partnership, or
SERVICE OF SUMMONS BY SUBSTITUTED SERVICE. associates of which they are stockholders, members or associates,
SERVICE OF SUMMONS BY PUBLICATION would consist of respectively; and between such corporation, partnership or
publishing the summons itself on a newspaper of general circulation, once association and the state insofar as it concerns their individual
a week for 3 consecutive weeks. If the cause of action is personal on the franchise or right to exist as such entity;
part of the parties like a petition for declaration of nullity and the respondent 2) Controversies in the election or appointments of directors, trustees,
is nowhere to be found in his last place of residence, then you can resort officers or managers of such corporations, partnerships or
to summons by publication, which his costly. There is no such thing as associations.
summons by publication in labor cases because it is costly on the part of a
lowly employee. The CORPORATE OFFICERS are the president, secretary, or treasurer
(they are the mainstay officers) of the corporation or any other officer
whose office is created by the board of directors as authorized or required
Violation of the terms of the CBA by the corporate charter or by-laws. The by-laws indicate how the officers
are installed in their positions. In the articles of incorporation, what is
If there is a CBA, there is a grievance machinery built into the CBA. So indicated there is the name of the corporation, the primary purpose of the
there is a step-by-step procedure. If you skip that step and file it before the corporation, the secondary purpose, the principal place of corporation, the
voluntary arbitrator, the VA would just revert it back to the grievance incorporators, and the authorized capital stock. It goes hand-in-hand with
machinery or if the VA assumed jurisdiction, it is liable to be dismissed the by-laws which state how officers would be installed, meetings of the
because that important step was skipped by the parties. Decision of the members of the board or stockholders, and election of corporate officers.
VA is subject to review under Rule 43. The board of directors is the highest governing body in a corporation.
Violation of the CBA would amount to unfair labor practice. The Any issue, therefore, pertaining to the removal if what will be
violation of the terms and conditions of the CBA, to qualify as ULP, must involved would be the application of the provisions of the by-laws, then
be gross or flagrant. To be gross or flagrant, the violation must pertain to jurisdiction would be with the regular courts. For as long as termination
the economic provisions of the CBA such as benefits or monetary would involve application of by-laws, then jurisdiction is with the regular
provisions. Only then if such violation of the terms and conditions are courts under the expanded jurisdiction of the RTC.
characterized as gross or flagrant, the LA will have jurisdiction over the
ULP case. Provisions of the CBA apply only to rank-and-file employees and
not to corporate officers. There are corporate officers whose appointment
or engagement is by virtue of the by-laws. Usually, they are appointed
through board resolutions or by the authority of the board of directors.
Termination disputes; termination of corporate officers These corporate officers, unlike the CEO who are usually appointed and
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20 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

whose duties and responsibilities are indicated in the appointment paper, If the claim is less than ₱5,000.00, the Regional Director of the DOLE has
the duties and responsibilities of the corporate officers are indicated in by- jurisdiction. For as long as the cause of action is accompanied with a claim
laws. If the provisions of the by-laws would apply, it would qualify as an for reinstatement, that means the principal complaint is one of illegal
intra-corporate dispute and the regular courts will have jurisdiction. termination, and the jurisdiction falls with the LA.
If they are included in the payroll, issues of their removal or If the claim emanates from a kasambahay, regardless of the
termination, the LA has jurisdiction. amount involved it has to be brought to the regional office of the DOLE.

In summary, in order for the RTC to have jurisdiction, the

controversy should be:
Money claims must arise from employment
a) Between the corporation, partnership, and association and the
public; Money claims of workers which do not arise out of or in connection with
their EER fall within the general jurisdiction of regular courts.
b) Between the corporation, partnership, and association and its
stockholders, partners, members or officers; In the case of Pepsi Bottling Co. v. Martinez, there was a contest
wherein the employee would receive an award if he happens to be a top
c) Between the corporation, partnership, and association and the salesman. Jurisdiction was the issue in this case because the employer,
State insofar as its franchise is concerned; Pepsi, did not grant the award to the employee who won the contest. The
SC said here that jurisdiction is vested with the LA because the
d) Among stockholders, partners, members, or officers. complainant would not have qualified for the contest or won the same if he
The better policy to be followed in determining whether the case was not an employee of the company at the time of the holding of the
should go to the LA or to the regular courts should take the following factors contest.
into consideration: In case of San Miguel v. NLRC, the contest that was sponsored by
1) Status or relationship of the parties; the employer is if anybody who could introduce innovative ideas beneficial
2) The nature of the subject of controversy; to the company. The winner in this case likewise did not receive his prize,
3) Nature of the complainant’s work; hence the complaint before the LA. The SC said that jurisdiction is with the
4) Length of service; and regular courts because innovation program for ideas has nothing to do with
5) Manner of creation of the office. the performance of the employee. It has no direct or causal connection to
the employment but rather it is connected to our law on contracts.
Therefore, the Civil Code applies.
Money claims

A money claim arising from employer-employee relationships, except Damages

those arising from the SSS, ECC, Medicare claims, is within the jurisdiction
of the LA. Damages arising from an EER shall be under the jurisdiction of the LA.
Kinds of damages the complainant can claim against the employer:
1. If the claim, regardless of amount, is accompanied with a claim for
reinstatement; or a) Moral damages – sleepless nights, emotional distress, anguish,
2. If the claim, whether or not accompanied with a claim for mental or moral torments.
reinstatement, exceeds ₱5,000.00 per claimant.
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21 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

b) Actual damages – loss of income; backwages; can be actually Money claims of cooperative employees
quantified.
c) Nominal damages – not usually awarded by the LA; only awarded Members of the cooperative are likewise owners of the cooperative and
by judges in regular courts. issues pertaining to intra-cooperative disputes involving members and
officers are within the jurisdiction of the COOPERATIVE DEVELOPMENT
AUTHORITY (CDA). But naturally, a cooperative would likewise perform
administrative matters, so they would engage employees. If employees
Employer’s complaint for damages have a claim against the cooperative, it is not the CDA which would acquire
An employer can file a claim for damages against an employee as a jurisdiction over their case. Inasmuch as they are employees of the
counterclaim in his position paper in the illegal dismissal case filed by cooperative, and are in the payroll thereof, their cause of action is vested
the employee. Such claim for damages, arising from employment with the labor arbiter. There has to be a distinction between the claim of
relationship, is outside the jurisdiction of the regular court. The claim for the members and the claim of the employees of the cooperative.
damages must be included in the employer’s position paper.
Generally, damages are awarded if the complaint was found to be Death benefits of a seafarer
baseless, unjustified, or unmeritorious. However, damages are rarely
awarded to the employer no matter how justified it is. This is because the In the case of Hilda Lonzaga, the petitioner is the second wife of a seafarer,
employee—should he lose the case against the employer—would naturally a former marine engineer, who was found unconscious in his cabin due to
have no resources to pay for damages to the employer. The disparity a stroke. Thereafter, the petitioner filed a complaint for death benefits. The
between the parties is the reason for the LA’s pragmatic consideration. first wife—whose marriage to the seafarer was declared null and void—
filed a motion for intervention before the LA, claiming that the petitioner
does not have any cause of action because her marriage with the seafarer
Matters regarding the illegality of strikes and lockouts was a bigamous marriage. The LA dismissed the complaint on the ground
that what is involved in this case was a determination of the heirs and the
These are within the jurisdiction of the labor arbiter, except in cases where same should be lodged with the regular courts. However, the SC said that
the Regional Director or the SOLE assumes jurisdiction because the regardless of the interplay between the parties, the cause of action is one
industry is of national concern or interest. for death benefits; it is a money claim and is within the jurisdiction of the
LA. However, the SC said that prior to the continuation of the proceedings
Private entities dealing with public utilities are matters which are of
with the LA, there has to be first a determination of who are the rightful
vital interest to the national economy, that if there is a labor dispute there,
heirs first who shall receive the death benefits of the seafarer by the regular
the SOLE or the President would assume jurisdiction over them. In
courts. Eventually, the parties entered into a compromise agreement and
connection with that, once the SOLE or the President assumes the
submitted the same to the LA who, in turn, then released the death benefits
jurisdiction, it is tantamount to a return-to-work order, and all striking
to the parties ($50,000).
employees must go back to their work. This is not a violation of their right
against involuntary servitude because the interest of the greater good is
what is at stake. If the SOLE or the President has assumed jurisdiction, he
would certify this to the NLRC in order for the latter to resolve issues or LA’s jurisdiction; regularization
matters involving the labor disputes which led to the strike of the Regularization and security of tenure is a labor dispute and is still subject
employees in that industry imbued with public interest. to the jurisdiction of the labor arbiter. While there is no money claim
involved, what is involved is the status of the employee and the principal.
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22 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

negotiation for a CBA. That would start the ball rolling for the spawning of
labor disputes.
Seafarer’s complaint for damages
The rationale behind this immunity of foreign governments is to
If the complaint for damages (falling under the provisions of the Civil Code prevent them from being barraged with suits that would prevent them in
on Human Relations) goes out of the EER, the provisions of the Labor the exercise of their offices.
Code do not apply, and the complaint shall be lodged with the regular
courts. Thus, if the cause of action is predicated on Article 19, 20, and 21,
and not on the provisions of the Labor Code, it falls under the jurisdiction
of regular courts. Powers of the Commission (Art. 225)

ART. 225. POWERS OF THE COMMISSION

The Commission shall have the power and authority:
Splitting cause of action; multiplicity of suits (a) To promulgate rules and regulations governing the hearing and
disposition of cases before it and its regional branches, as well
Not allowed and are abhorred in labor. as those pertaining to its internal functions and such rules and
regulations as may be necessary to carry out the purposes of
this Code;
Complaint against a government agency

The general rule when the government agency that enters into a private BASIC RULES IN IMPLEMENTING RULES AND REGULATIONS
contract or transaction (such as when it enters into a private contract to
employ services) is that it waives its immunity from suit. Thus, it gives the When it comes to rules and regulations, the Commission, the LA, and the
other party the right to sue in case of breach. Considering the nature of the regional offices of the DOLE in the disposition of cases, cannot go beyond
liability between the principal and agency is solidary (Art. 109), there is no what was provided for by the law. An ultra vires act is when the
need to sue the government entity that contracted with the agency before Commission (or any other body) goes beyond their functions.
the regular courts. You sue the government agency in the same complaint
you are going to file against the agency because of the joint and solidary
liability of the latter. Compulsory processes; summons and subpoena (Art. 225 [b])

(b) To administer oaths, summon the parties to a controversy, issue

subpoenas requiring the attendance and testimony of witnesses or
Immunity of foreign governments from suit the production of such books, papers, contracts, records, statement
of accounts, agreements, and others as may be material to a just
Extends to international organizations (UN, WHO, IRRI). In the case of
determination of the matter under investigation, and to testify in any
IRRI (International Rights Research Institute) wherein its employees were
investigation or hearing conducted in pursuance of this Code;
prevented from forming labor unions, the Supreme Court held that the
employees cannot exercise their right to self-organization because this It is compulsory because it something which cannot be simply ignored like
international government or international organizations are immune from
summons. A SUMMONS is a writ or process issued and served upon the
suit. However, this is not yet a labor complaint but merely an application
defendant in a civil action for the purpose of securing his appearance
for registration as a labor union but that is more than meets the eye, therein – that is, of acquiring jurisdiction over the person of the defendant.
because once a LU is registered, the next step would be to demand for a
Whereas, a SUBPOENA is a process directed to a person requiring him to
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23 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

attend and to testify at the hearing or the trial of an action, or at any time and place, refer technical matters or accounts to an expert and
investigation conducted under the laws of the Philippines, or for taking of to accept his report as joined in or excluded form the proceedings,
his deposition (Sec. 1, Rule 21) correct, amend, or waive any error, defect or irregularity whether in
substance or in form, give all such direction as it may deem
Under the civil procedure, summons is not served by registered necessary or expedient in the determination of the dispute before it,
mail. What is served by registered mail are pleadings and court issuances and dismiss any matter or refrain from further hearing or from
or resolutions. Rules of Procedure in LA cases are not governed by the determining the dispute or part thereof, where it is trivial or where
Rules of Court because they are administrative in nature and what would further proceedings by the Commission are not necessary or
suffice is that summons be served either by courier or by registered mail desirable; and
under the NLRC Rules of Procedure. Under the 2019 NLRC Rules of
Procedure, summons can be served by the plaintiff himself at the request This rarely happens in practice wherein the LA or the Commission would
of the court. conduct an investigation. They would only do so in connection with an
application for an ancillary relief for TRO or injunction wherein the
There are two kinds of subpoenas: (a) subpoena ad testificandum Commission would conduct an ocular inspection of the premises. LAs
and; (b) subpoena duces tecum. A SUBPOENA AD TESTIFICANDUM is rarely do this.
a process by which the court, at the instance of a party, commands a
witness who has in his possession or control some document or paper that “Proceed to hear and determine the disputes” may imply that the
is pertinent to the issues of a pending controversy to produce it as the trial. LA conducts a trial but it does not because, as previously said, LAs would
While a SUBPOENA DUCES TECUM is a process directed to a person only conduct clarificatory hearings. In administrative cases or
requiring him to bring with him at the hearing or trial of an action any books, administrative proceedings, the right to be heard is nothing only through
documents, or other things under his control. trial or hearing but would also likewise cover submission of pleadings like
position papers and reply.
Usually, in practice what is requested is subpoena duces tecum ad
testificandum because it will be useless if the person to whom the The only instance where the Commission can hold hearings is in
subpoena is directed to just bring the documents. He will have to testify on connection with a TRO or injunction or on the part of the LA when he is
it as well. In labor cases, what is usually asked for is the production of the holding clarificatory hearings. The LA can conduct hearings in public or in
payroll slips and other documents which would show whether or not the private. The proceedings before the Commission regardless of whether or
employer has complied with the labor standards benefits. With the present not they partake of an administrative nature is a public proceeding. The
proceedings we have before the LA, seldom would the parties request for Commissioners have the power to conduct hearings in private in the
a subpoena duces tecum ad testificandum anymore because the LA does process to settle the case amicably, and they would call on one of the
not conduct a trial anymore unlike before. parties and ask that party what would it take for the case to be resolved.
Nothing would preclude the Commission from conducting a private hearing
for purposes of amicable settlement.
Power of the Commission; investigate and hear disputes within its If a technical issue (like measurement of metes and bounds of a
jurisdiction (Art. 225 [c]) real property or accounting) is involved, the Commission would call on an
expert.
(c) To conduct investigation for the determination of a question, matter
or controversy within its jurisdiction, proceed to hear and determine
the disputes in the absence of any party thereto who has been
summoned or served with notice to appear, conduct its proceedings Power of the Commission; contempt power (Art. 225 [d])
or any part thereof in public or in private, adjourn its hearings to any
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24 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

(d) To hold any person in contempt directly or indirectly and impose (e) To enjoin or restrain any actual or threatened commission of any or
appropriate penalties therefor in accordance with law. all prohibited or unlawful acts or to require the performance of a
particular act in any labor dispute which, if not restrained or
Contempt is defined as a disobedience to the Court by setting up an performed forthwith, may cause grave or irreparable damage to any
party or render ineffectual any decision in favor of such party:
opposition to its authority, justice, and dignity. It signifies not only a willful
Provided, That no temporary or permanent injunction in any case
disregard or disobedience of the court’s orders but such conduct as tends
involving or growing out of a labor dispute as defined in this Code
to bring the authority of the court and the administration of law into shall be issued except after hearing the testimony of witnesses, with
disrepute or in some manner to impede the due administration of justice. opportunity for cross-examination, in support of the allegations of a
complaint made under oath, and testimony in opposition thereto, if
The two kinds of contempt are: (a) direct contempt and (b) indirect offered, and only after a finding of fact by the Commission, to the
contempt. DIRECT CONTEMPT is committed in the presence of or so near effect:
the court or judge as to obstruct or interrupt the proceedings before it. (1) That prohibited or unlawful acts have been threatened
INDIRECT CONTEMPT is not committed in the presence of the court, but and will be committed unless restrained, or have been
done at a distance which tends to belittle, degrade, obstruct or embarrass committed unless restrained, or have been committed
the court and justice. and will be continued unless restrained, but no injunction
or temporary restraining order shall be issued on
A labor arbiter or Commissioner cannot suspend a lawyer for direct account of any threat, prohibited or unlawful act, except
contempt; only the SC has that power. The penalty for direct contempt is a against the person or persons, association or
fine for ₱100, if committed before the LA and ₱500 if committed before the organization making the threat or committing the
prohibited or unlawful act or actually authorizing or
Commission. Before regular courts, the penalty for direct contempt if it is
ratifying the same after actual knowledge thereof;
committed against a judge or a justice of the CA, the fine is ₱30,000 (2) That substantial and irreparable injury to complainant ‘s
coupled with imprisonment not exceeding 6 months or both. The penalty property will follow;
for direct contempt before the Commission is not only limited to fine but (3) That as to each item of relief to be granted, greater injury
also includes imprisonment not exceeding 5 days. If it is committed before will be inflicted upon complainant by the denial of relief
a LA, the imprisonment will not exceed 1 day or both. than will be inflicted upon defendants by the granting of
relief than will be inflicted upon defendants by the
granting of relief;
(4) That complainant has no adequate remedy at law; and
Power of the Commission; issuance of an injunction or TRO (Art. 225 (5) That the public officers charged with the duty to protest
[e]) complainant’s property are unable or unwilling to furnish
adequate protection.

The Commission can issue an injunction or TRO as an ancillary relief

based on the parties’ pleadings. An injunction or TRO, as a general rule,
cannot be issued ex parte. To review, a TRO, if issued is valid only for 20
days (which includes Saturdays, Sundays, and holidays) and becomes
void ipso facto at the end of that period. The TRO takes effect upon its
issuance and not upon the receipt of the parties.

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25 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

It may be issued ex parte but only for a period of 72 hours. After 72 (3) That as to each item of relief to be granted, greater injury will be
hours, the Commission has to hold a hearing whether to continue with the inflicted upon complainant by the denial of relief than will be
TRO with a maximum period of 20 days. After 20 days, there is no need to inflicted upon defendants by the granting of relief;
file a motion to lift the TRO because it is automatically lifted. Thereafter,
the applicant must apply for a preliminary injunction. Injunction can be (4) That complainant has no adequate remedy at law; and
either a preliminary mandatory or preliminary prohibitory injunction. A (5) That the public officer charged with the duty to protect
mandatory injunction is for the acts sought to be restrained that are already complainant’s property are unable or unwilling to furnish adequate
committed while the prohibitory injunction is to prohibit the acts (see protection.
previous discussion on TROs and injunction). This is effective during the
pendency of the case in order to maintain the status quo between the In practice, when one applies for a TRO or injunction, lawyers would just
parties. The objective of which is to prevent the issue being adjudicated by actually quote all of these grounds in toto which would not suffice. There is
the Commission from becoming moot and academic. After the a need to demonstrate before the Commission why should the applicant
promulgation of the decision, the injunction that was issued by the be entitled to the reliefs being prayed for.
Commissioner might become permanent or it might be lifted.
The remedy for an error in judgment is appeal, hence a TRO or
injunction is not applicable. Usually, it is the employer who applies for a
TRO or injunction. An example of a situation where a TRO may be applied
Requisites for the issuance of a TRO or injunction: is where an employer is interfering with the employees’ right to self-
organization or preventing the union from performing their lawful union
If a motion to dismiss is denied by the LA, there is no appeal therefrom. activities.
However, the remedy of the aggrieved party is by filing a petition before
the Commission that the LA committed grave abuse of discretion, which is
a petition for certiorari under Rule 65. This only happens before the Cash bond
Commission. In order for the LA to be restrained from proceeding with the
case is to apply for an injunction because the LA did not commit an error The purpose of the cash bond is to recompense those enjoined for any
of judgment, which is comprised of error of law or error in the findings of loss, expense, or damage caused by the improvident or erroneous
facts, but an error of jurisdiction. issuance of such order or injunction, including all reasonable costs,
together with a reasonable attorney’s fee, and expense of defense against
(1) That prohibited or unlawful acts have been threatened and will be the order or against the granting of any injunctive relief sought in the same
committed unless restrained, or have been committed and will be proceeding and subsequently denied by the Commission.
continued unless restrained, but no injunction or temporary
restraining order shall be issued on account of any threat,
prohibited or unlawful act, except against the person or persons,
Ocular inspection
association or organization making the threat or committing the
prohibited or unlawful act or actually authorizing or ratifying the
same after actual knowledge thereof;
(2) That substantial and irreparable injury to complainant’s property
will follow;

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26 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

ART. 226. OCULAR INSPECTION they are performing duties and responsibilities which are necessarily
The Chairman, any Commissioner, Labor Arbiter or their duly authorized desirable to the business of the employer. The case started out with 50
representative, may at any time during working hours, conduct an ocular complainants but were later reduced to 10 after failing to prosecute their
inspection on any establishment, building, ship or vessel, place or cases or submit their respective affidavits. The LA decided in favor of the
premises, including any work, material, implement, machinery, complainants. Coca-Cola then appealed before the Court of Appeals which
appliance or any object therein, and ask any employee, laborer, or any sustained the decision of the LA. This prompted Coca-Cola to file a petition
person as the case may be for any information or data concerning any for certiorari before the Court of Appeals. Coca-Cola contended that while
matter or question relative to the object of the investigation. complainants were able to submit their affidavits in support of their position,
they were not subjected to cross-examination and as a consequence, their
affidavits are considered as hearsay. The CA reversed the decision of the
LA and the SC reversed the ruling of the CA. The SC held that the rules
Technical rules not binding that Coca-Cola adopted pertained to the proceedings before the regular
courts. The SC reiterated that unlike the proceedings before the regular
ART. 227. TECHNICAL RULES NOT BINDING AND PRIOR RESORT courts, labor cases are decided merely on the basis of their allegations in
TO AMICABLE SETTLEMENT
their position paper. Considering that there is no more trial, the
In any proceeding before the Commission or any of the Labor
complainants who submitted their affidavits need not be cross-examined
Arbiters, the rules of evidence prevailing in courts of law or equity shall
not be controlling and it is the spirit and intention of this Code that the anymore. The LA can only rely on the allegations stated in their affidavits.
Commission and its members and the Labor Arbiters shall use every After all, those affidavits were subscribed under oath.
and all reasonable means to ascertain the facts in each case speedily
The quantum of evidence required in labor cases is substantial
and objectively and without regard to technicalities of law or procedure,
evidence. The best evidence rule in regular courts does not find
all in the interest of due process. In any proceeding before the
Commission or any Labor Arbiter, the parties may be represented by application in this case. A facsimile may suffice to answer a question of
legal counsel but it shall be the duty of the Chairman, any Presiding fact.
Commissioner or commissioner or any Labor Arbiter to exercise
complete control of the proceedings at all stages.
Any provision of law to the contrary notwithstanding, the Labor Cardinal rights in administrative cases
Arbiter shall exert all efforts towards the amicable settlement of a labor
dispute within his jurisdiction on or before the first hearing. The same The case of Ang Tibay v. CIR laid down the cardinal primary rights in
rule shall apply to the Commission in the exercise of its original administrative proceedings which are:
jurisdiction.
1) Right to hearing;
2) Tribunal must consider the evidence presented;
What is important here is that the Commission can use every and all 3) Decision must be supported by something (evidence);
reasonable means to ascertain the facts and issues of the case speedily 4) Supporting evidence must be substantial;
and objectively without regard to the technicalities of law or procedure all 5) Decision must be rendered on the evidence presented or at least
in the interest of due process. contained in the record and disclosed to the parties affected;
6) The body or CIR or any of its judges must act on his own
In the case of Bantolino v. Coca-Cola (June 10, 2003), which
independent consideration of the law and facts, and not simply
involves outsourced employees. The complainants here are cleaners and
accept the views of the subordinate in arriving at a decision; and
bottle segregators who were outsourced and issue herein is whether or not
they were considered as regular employees of Coca-Cola considering that
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27 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

7) Decide in such manner that parties can know the various issues same. Res judicata presupposes that there is already a prior decision
involved and the reason for the decision. which has already attained the status of finality. On the other hand, LITIS
PENDENCIA means that there is a pending case with the same parties,
the same causes of action, and the same reliefs prayed for. It is not up to
Certification and verification of non-forum shopping the parties to determine whether the previous case involving the same
parties would be similar to the present case. Even if the cause of action in
The position paper must be verified and a memorandum on appeal before a previous case between the parties is different from the present case, it
the Commission must likewise be verified and accompanied by a does not exempt one from making a disclosure. What is important is to
certification against non-forum shopping. A petition for certiorari disclose all cases involving the same parties regardless of the cause of
questioning the decision of the NLRC before the CA must likewise be action of the previous case. As held in the case of Ferdinand Thomas
accompanied with a verification and certification against non-forum Soller v. COMELEC, it is not up to the litigant to make a determination of
shopping. whether the past case between the parties is the same as the present one.
The Court has the authority to make that determination. A violation of this
In the case of Shipside v. Court of Appeals, verification is the act
rule will cause the outright dismissal of the complaint or petition without
of subscribing under oath before a person authorized to administer oaths
prejudice. It can be refiled but it cannot be cured by amendment. If there is
like a notary public; that you have caused the preparation of a petition and
a blatant or willful violation of this rule, this can be a ground for disbarment.
the allegations contained therein and that they are true and correct to your
own personal knowledge. Under the 2019 Rules of Procedure, it was In the case of Shipside v. Court of Appeals, an action for the revival
amended that you have to justify it. The certification against non-forum of judgment should be filed within a period of 10 years (5 years by motion;
shopping is provided for both under the NLRC Rules of Procedure and the 10 years by action). The lower court denied to dismiss the case on
Rules of Court. This is included as a requirement under initiatory pleadings. prescription, so Shipside went to the CA. Shipside, being a juridical entity,
signed the certification through a representative. However, Shipside did
Initiatory pleading is the first pleading filed in order to commence a
not attach the authority of the representative who signed the certification
proceeding either in court or in an administrative body (like the
against non-forum shopping. If it is a juridical entity, the authorization shall
Commission or arbitration branch). An example of this is a complaint
be in the form of a secretary certificate or board resolution and if it is a
petition.
natural person, the authorization shall be in the form of a special power of
FORUM-SHOPPING refers to the obnoxious or abominable attorney. The CA dismissed the petition outright. Shipside then filed a MR
practice on the part of the litigant to shop for a friendly forum. This is usually attaching the board resolution authorizing the signatory to sign the
committed by lawyers who file multiple cases involving the same parties, certification for non-forum shopping. Still, the CA denied the MR. On
the same causes of actions, the same subject matters and reliefs prayed appeal before the SC, the Court discussed: “When it comes to verification,
for in different fora, hoping that one of the courts where they have filed the it is only a formal requirement; it does not go into the jurisdiction of the
complaint would be sympathetic to their cause. This is tantamount to petition so it can be cured or amended or rectified any time. Not so however
multiplicity of suits. The SC frowns upon this because the litigant is when it comes to the certification to non-forum shopping because it is
shopping for friendly forums to ensure or increase his chances of securing substantive—it is jurisdictional, meaning if there is a violation or non-
a favorable resolution. This is the essence why a certification for non-forum compliance against non-forum shopping, it is enough for petition or other
shopping is required. For as long as the requisites of litis pendencia and initiatory pleading for that purpose to be dismissed outright. However, just
res judicata are present, there is forum-shopping. like any other rules of procedure, it admits of certain exceptions.” The SC
applied an exception in this particular case because it actually looked more
Elements of RES JUDICATA: (1) subject matters are the same; (2) on the substantive merits of the case.
the causes of action are the same; and (3) the reliefs prayed for are the
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28 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

The SC also applied a liberal interpretation in the previously ➢ In labor proceedings, if a party did not submit his position
mentioned case of Bantolino v. Coca-Cola, taking into consideration that paper, the LA will continue with the proceedings, so this
the petitioners are laymen and are not well versed with the law. Moreover, motion is useless.
labor cases are to be interpreted liberally in favor of labor.
(6) Motion for reconsideration of any decision or order of the
Labor Arbiter;
Prohibited motions and pleadings ➢ It would unnecessarily prolong the case before the LA.
Under the NLRC Rules on Procedure, the following are the prohibited (7) Appeal from any interlocutory order of the Labor Arbiter, such
motions and pleadings before the labor arbiter: as but not limited to, an order:
(1) Motion to dismiss the complaint except on the ground of (1) a) Denying a motion to dismiss;
lack of jurisdiction over the subject matter, (2) improper venue, (3)
res judicata, (4) prescription, and (5) forum shopping; b) Denying a motion to inhibit;

➢ Money claims prescribe in 3 years c) Denying a motion for issuance of writ of execution; or

(2) Motion for a bill of particulars; d) Denying a motion to quash writ of execution.

➢ A motion for a bill of particular is filed when the allegations ➢ It is interlocutory because it is incidental.
of the complaint are vague and uncertain is intended to (8) Appeal from the issuance of a certificate of finality of decision
afford a party not only a chance to properly prepare a by the Labor Arbiter;
responsive pleading but also an opportunity to prepare an
intelligent answer. This is to avert the danger where the ➢ Rationale: If allowed, the proceedings will be prolonged; it
opposing party will find difficulty in squarely meeting the will be ad infinitum.
issues raised against him and plead the corresponding
(9) Appeal from orders issued by the Labor Arbiter in the course
defenses which if not timely raised in the answer will be
of execution proceedings;
deemed waived.
➢ Rationale: If allowed, the proceedings will be prolonged; it
(3) Motion for a new trial;
will be ad infinitum. There will be no end to the litigation.
➢ Rationale: LAs do not hold trials.
(10) Such other pleadings, motions and petitions of similar nature
(4) Petition for relief from judgment; intended to circumvent above provisions.

➢ Presupposes that a party who filed the same was deprived

of his right to participate on the ground of fraud, accident,
Mandatory conciliation and mediation conference
mistake, or excusable negligence and a judgment was
rendered. A) The mandatory conciliation and mediation conference shall be called
for the purpose of:
(5) Motion to declare respondent in default;
1) Amicably settling the case upon a fair compromise;

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29 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

2) Determination the real parties in interest; During the mandatory conciliation and mediation conferences, the parties
haggle to settle the case. They do not discuss the merits of the case. In
3) Determining the necessity of amending the complaint and including other words: “Pera-pera lang.” The amount to be paid is stipulated in the
all causes of action; proposal and thereafter is negotiated during the MCMC.
4) Defining and simplifying the issues in the case;
5) Entering into admissions or stipulation of facts; and Failure of settlement
6) Threshing out all other preliminary matters. If the parties fail to agree on an amicable settlement, either in whole or in
The Labor Arbiter shall personally preside and take full control of the part, during the mandatory conciliation and mediation conference, the
proceedings, and may be assisted by the Labor Arbitration Associate Labor Arbiter shall proceed to the other purposes of the said conference
in the conduct thereof. as enumerated in Sec. 8(a) hereof (Sec. 9, Rule V NLRC Rules of
Procedure).
B) Conciliation and mediation efforts shall be exerted by the LA all
throughout the mandatory conference. Any agreement entered into by
the parties whether in partial in full settlement, the same shall be Effect of non-appearance
reduced to writing and signed by the parties and their counsel or the
parties’ authorized representative, if any. The non-appearance of the complainant or petitioner during the 2 settings
for mandatory conciliation and mediation conference scheduled in the
C) In any case, the compromise agreement shall be approved by the LA, summons, despite due notice thereof, shall be a ground for the dismissal
if after explaining to the parties, particularly to the complainants, the of the case without prejudice. In case of non-appearance by the
terms and conditions and consequences thereof, he/she is satisfied respondent during the first scheduled conference, the second conference
that they understand the agreement, that the same was entered into as scheduled in summons shall proceed. If the respondent still fails to
freely and voluntarily by them, and that it is not contrary to law, morals, appear at the second conference despite being duly served with summons,
and public policy. he/she shall be considered to have waived his/her right to file position
D) A compromise agreement duly entered into in accordance with this paper. The LA shall immediately terminate the mandatory conciliation and
section shall be final and binding upon the parties and shall have the mediation conference and direct the complainant or petitioner to file a
force and effect of judgment rendered by the LA. verified position paper and submit evidence in support of his/her causes of
action and thereupon render his/her decision on the basis of the evidence
E) The mandatory conciliation and mediation conference shall, except for on record (Sec. 10, Rule V, NLRC Rules of Procedure)
justifiable grounds, be terminated within 30 calendar days from the
date of the first conference.

F) No motion for postponement shall be entertained except on meritorious Suspension of conferences

grounds and when filed at least 3 days before the scheduled hearing. Due to the Covid-19 pandemic, mandatory conciliation and mediation
conferences were suspended by the NLRC as of July 2020. Presently, the
mandatory conciliation and mediation conferences are done through video
Purpose of the mandatory conciliation and mediation conference calls or video-conferencing. If complainants have no access to technology
(especially those occupying blue collar positions) for electronic hearings,

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30 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

the Commission will provide a laptop/tablet for their use subject to Within five (5) days from receipt of Summons, the respondent
“availability of funds”, which is dependent on the budget of the DOLE. may file a motion to set the case for mandatory conciliation and
mediation conference for possible settlement. Likewise, within five
The simultaneous filing of position papers under Sec. 12 of the (5) days from receipt of the Order to file position paper, the
NLRC Rules of Procedure is likewise suspended. complaint may also file motion to set the case for mandatory
conciliation and mediation conference for purposes of settlement.
Said motion should set forth therein the terms and conditions of the
En Banc Resolution 03-20 settlement proposal including the amount being offered. Within
three (3) days, the other party shall file his/her response and
This was promulgated by the NLRC in light of the Covid-19 pandemic,
counter proposal. Thereafter, the Labor Arbiter shall determine the
amending the rules of procedure governing the disposition of cases. The
necessity of setting the case for mandatory conciliation and
following interim amendments to the 2011 NLRC Rules of Procedure, as
mediation conference, and correspondingly issue the notice of
amended, are hereby enacted:
conference.
(1) The conduct of the Mandatory Conciliation and Mediation
If no notice of conference is received by the parties, they
Conferences is hereby suspended, unless the Labor Arbiter, in
shall proceed to file the position paper within the period set in the
his/her discretion, sets the case for mandatory conciliation and
Order to file position paper issued by the Labor Arbiter.
mediation conference.
Should the parties agree to settle the case amicably, they
The conference shall be done as far as feasible, through
shall submit the notarized Compromised Agreement or a
videoconferencing or other electronic means that will not require
Quitclaim/Waiver/Release through personal service, registered
face-to-face interaction.
mail or private courier.
If any of the parties has no access to technology for
All provisions of the existing rules and regulations inconsistent with the
electronic hearings, the Commission may provide a hearing room
interim amendments are hereby deemed provisionally suspended or
and laptop/tablet for their use, subject to availability of funds.
amended accordingly.
Notwithstanding the preceding paragraphs, the Labor Arbiter
These rules shall be in effect only during this public health
shall exert all efforts towards the amicable settlement of the case.
emergency and may be revised at any time should prevailing
(2) The simultaneous filing of position papers under Sec. 12, circumstances change, and until further notice.
paragraph (a) of Rule V of the 2011 NLRC Rules of Procedure, as
amended, is likewise suspended.
Procedure before the labor arbiter (Rule V, 2019 NLRC Rules of
Within two (2) days from the receipt of the complaint or
Procedure)1
amended complaint, the Labor Arbiter shall issue an Order
directing both parties to submit their respective position papers SECTION 11. AMENDMENT OF COMPLAINT/PETITION. – An amended
within fifteen (15) calendar days from receipt thereof, through complaint or petition may be filed before the Labor Arbiter at any time
registered mail or authorized private courier. before the filing of position paper, with proof of service of a copy thereof to
the opposing party/ies. If the amendment of the complaint or petition

1 Not discussed but included for clarificatory purposes

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31 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

involves impleading additional respondent/s, service of another summons involved in the case. The Labor Arbiter may allow the presentation of
in accordance with Section 3 hereof is necessary to acquire jurisdiction testimonial evidence with right of cross-examination by the opposing party
over the person of the said respondent/s. (En Banc Resolution No. 11-12, and shall limit the presentation of evidence to matters relevant to the issue
Series of 2012) before him/her and necessary for a just and speedy disposition of the case.
SECTION 12. SUBMISSION OF POSITION PAPER AND REPLY.– (a) (b) The Labor Arbiter shall make a written summary of the
Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall direct the proceedings, including the substance of the evidence presented, in
parties to submit simultaneously their verified position papers with consultation with the parties. The written summary shall be signed by the
supporting documents and affidavits, if any, on a date set by him/her within parties and shall form part of the records.
ten (10) calendar days from the date of termination of the mandatory
conciliation and mediation conference. SECTION 15. NON-APPEARANCE OF PARTIES, AND
POSTPONEMENT OF HEARINGS AND CLARIFICATORY
(b) No amendment of the complaint or petition shall be allowed CONFERENCES. – (a) The parties and their counsels appearing before
after the filing of position papers, unless with leave of the Labor Arbiter. the Labor Arbiter shall be prepared for continuous hearing or clarificatory
conference. No postponement or continuance shall be allowed by the
(c) The position papers of the parties shall cover only those claims Labor Arbiter, except upon meritorious grounds and subject to the
and causes of action stated in the complaint or amended complaint, requirement of expeditious disposition of cases. The hearing or clarificatory
accompanied by all supporting documents, including the affidavits of conference shall be terminated within thirty (30) calendar days from the
witnesses, which shall take the place of their direct testimony, excluding date of the initial clarificatory conference.
those that may have been amicably settled.
(b) In case of non-appearance of any of the parties during the
(d) Within ten (10) days from receipt of the position paper of the hearing or clarificatory conference despite due notice, proceedings shall
adverse party, a reply may be filed on a date agreed upon and during a be conducted ex-parte. Thereafter, the case shall be deemed submitted
schedule set before the Labor Arbiter. The reply shall not allege and/or for decision.
prove facts and any cause or causes of action not referred to or included
in the original or amended complaint or petition or raised in the position (c) Paragraph (a) of this Section notwithstanding, in cases
paper. involving overseas Filipino workers, the aggregate period for conducting
the mandatory conciliation and mediation conference, including hearing on
SECTION 13. DETERMINATION OF NECESSITY OF HEARING OR the merits or clarificatory conference, shall not exceed sixty (60) days,
CLARIFICATORY CONFERENCE. – Immediately after the submission by which shall be reckoned from the date of acquisition of jurisdiction by the
the parties of their position paper or reply, as the case may be, the Labor Labor Arbiter over the person of the respondents.
Arbiter shall, motu proprio, determine whether there is a need for a hearing
or clarificatory conference. At this stage, he/she may, at his/her discretion SECTION 16. SUBMISSION OF THE CASE FOR DECISION. – Upon the
and for the purpose of making such determination, ask clarificatory submission by the parties of their position papers or replies, or the lapse of
questions to further elicit facts or information, including but not limited to the period to submit the same, the case shall be deemed submitted for
the subpoena of relevant documentary evidence, if any, from any party or decision unless the Labor Arbiter calls for a hearing or clarificatory
witness. conference in accordance with Section 12 and 14(a) of this Rule, in which
case, notice of hearing or clarificatory conference shall be immediately
SECTION 14. ROLE OF THE LABOR ARBITER IN HEARING AND sent to the parties. Upon termination of the said hearing or conference, the
CLARIFICATORY CONFERENCE. – (a) The Labor Arbiter shall take full case is deemed submitted for decision.
control and personally conduct the hearing or clarificatory conference and
may ask questions for the purpose of clarifying points of law or facts
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32 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

SECTION 17. INHIBITION. – A Labor Arbiter may voluntarily inhibit 229) of the Labor Code, as amended, and Section 1, Rule VI of these Rules,
himself/herself from the resolution of a case and shall so state in writing the decision or order of the Labor Arbiter shall become final and executory
the legal justifications therefor. Upon motion of a party, either on the after ten (10) calendar days from receipt thereof by the counsel or
ground of relationship within the fourth civil degree of consanguinity or authorized representative or the parties if not assisted by counsel or
affinity with the adverse party or counsel, or on question of partiality or representative. (As amended by En Banc Resolution No. 11-12, Series of
other justifiable grounds, the Labor Arbiter may inhibit himself/herself from 2012)
further hearing and deciding the case. Such motion shall be resolved within
five (5) days from the filing thereof. An order denying or granting a motion (b) Certificate of Finality. – Upon expiration of the period provided
for inhibition is inappealable. in paragraph (a) of this Section, the Labor Arbiter shall issue a certificate
of finality.
SECTION 18. PERIOD TO DECIDE CASE. – The Labor Arbiter shall
render his/her decision within thirty (30) calendar days, without extension, In the absence of return cards, certifications from the post office or
after the submission of the case by the parties for decision, even in the courier authorized by the Commission or other proofs of service to the
absence of stenographic notes: Provided, however, that cases involving parties, the Labor Arbiter may issue a certificate of finality after sixty (60)
overseas Filipino workers shall be decided within ninety (90) calendar days calendar days from date of mailing. (n) (As amended by En Banc
after the filing of the complaint. Resolution No. 05-14, Series of 2014)

SECTION 19. CONTENTS OF DECISIONS. – The decisions and orders SECTION 22. REVIVAL AND RE-OPENING OR RE-FILING OF
of the Labor Arbiter shall be clear and concise and shall include a brief DISMISSED CASE AND LIFTING OF WAIVER. – A party may file a
statement of the: (a) facts of the case; (b) issues involved; (c) applicable motion to revive or re-open a case dismissed without prejudice, within ten
laws or rules; (d) conclusions and the reasons thereof; and (e) specific (10) calendar days from receipt of notice of the order dismissing the same;
remedy or relief granted. In cases involving monetary awards, the otherwise, the only remedy shall be to re-file the case. A party declared to
decisions or orders of the Labor Arbiter shall contain the amount awarded. have waived his/her right to file position paper may, at any time after notice
thereof and before the case is submitted for decision, file a motion under
In case the decision of the Labor Arbiter includes an order of oath to set aside the order of waiver upon proper showing that his/her
reinstatement, it shall likewise contain: (a) a statement that the failure to appear was due to justifiable and meritorious grounds.
reinstatement aspect is immediately executory; and (b) a directive for the
employer to submit a report of compliance within ten (10) calendar days
from receipt of the said decision. Binding effect of compromise agreements
SECTION 20. DEATH OF PARTIES. – In case any of the parties dies That is the policy of the State—the availment of the voluntary modes of
during the pendency of the proceedings, he/she may be substituted by arbitration and when it comes to compromise agreements, parties may
his/her heirs. In the event a favorable judgment is obtained by the enter into compromise agreements at any stage of the proceedings, even
complainants, the same shall be enforced in accordance with Section 11, if there is already a final decision. After all, it is the parties themselves who
Rule XI of this Rules. (As amended by En Banc Resolution No. 14-17, would later on complain.
Series of 2017)
The amount of settlement should not be too low or in a way that it
SECTION 21. FINALITY OF THE DECISION OR ORDER AND would not be shortchanged by the settlement between the parties. The
ISSUANCE OF CERTIFICATE OF FINALITY. – (a) Finality of the Decision policy of the Commission here is: if the amount of settlement is below 50%
or Order of the Labor Arbiter. – If no appeal is filed with the Regional of the monetary award as indicated in the final and executory judgment,
Arbitration Branch of origin within the time provided under Article 223 (now they would not approve the same because the quitclaim/waiver/release are
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33 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

usually subscribed before the LA or before the Commission. It should be what he is supposed to receive under the law, and he signed the
50% and above. quitclaim/waiver/release voluntarily, knowing the consequences, that
quitclaim would be upheld as valid (Periquet v. NLRC).
When can the quitclaim/waiver/release be rejected? If it is against
Reasons why would the complainant want to settle for a monetary public policy. Why would it be against public policy?
award that is less than awarded to them in the final and executory
decision: 1. The amount of settlement is way below than what the law
prescribes; and/or
1. They might not be taunted by dire necessity. They do not want to go
through the execution proceedings because there are other employers 2. The consent of the employee was vitiated in the signing of the
who probably had already folded up or already closed shop, so they quitclaim/waiver/release.
would want to avail that opportunity wherein the employer is already
willing to settle only for less than the amount of the monetary award. What is an airtight case wherein the legality or validity of
quitclaim/waiver/release can he upheld?
2. There might be the possibility that the employer had dissipated his
assets, closed his bank accounts, or he might be placed with an 1. Go to the DOLE or any authorized representative of the NLRC who
employer who just wants to evade the decision. In order to avoid these is authorized to administer oaths and have that
situations, the complainant would accede to a compromise agreement, quitclaim/waiver/release subscribed before them. Once it is duly
which is the most practical and pragmatic thing to do. subscribed, then it enjoys the presumption of regularity.
2. When there is already a complaint (which is better) and the parties
entered into a compromise agreement. The complainant would be
Quitclaims/Waivers/Releases required to sign a quitclaim/waiver/release, and the one who is
going to administer or subscribe the same under oath would be the
The basic rule is: “rights may be waived provided they are not contrary to labor arbiter, because it is already in connection with a pending
law, morals, good customs, public order, and public policy”. case before him.
There are two situations wherein a complainant may execute a
quitclaim/waiver/release This is what the employer would always invoke
when he is confronted with a complaint once more from the complainant Dismissal of complaint by LA
who had already executed quitclaim/waiver/release.
Can the labor arbiter motu proprio dismiss the complaint? If it is already
The quitclaim/waiver/release should be under oath because the evident on the face of the pro forma complaint the grounds for dismissal
employee is waiving his right to file an action against the employer. Will the (such as prescription, res judicata), then it can be motu proprio dismissed.
signing of the quitclaim/waiver/release prevent the complainant from filing
the complaint? As a rule, inasmuch as that is under oath, the complainant
is already barred. However, that does not entirely preclude him from still Effect of death
filing the complaint because that is what other complainants are doing.
They would receive first what the employer is willing to give them and if Can the complaint proceed notwithstanding the death of the complainant?
they want more (because they think they received less than of what they If the cause of action is security of tenure or reinstatement, it would be
are entitled), they would still file a complaint. The rule is, if the employee absurd to continue with the complaint. However, the heirs can substitute
was able to receive a substantial amount which is more or less equal to the deceased complainant in monetary claims (e.g., backwages).
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34 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

However, if it is the death of the employer/company and the dispute There are cases wherein non-lawyers are allowed to appear before the
involves reinstatement, the case will proceed. labor arbiter. One of the exceptions are law students under Rule 138-A,
Rules of Court.
Prior to the amendment of the rule, only regular fourth-year
Appearances and fees students who are connected with an accredited legal aid clinic of a law
ART. 228. APPEARANCES AND FEES school can undergo internship wherein they will represent clients in court,
(a) Non-lawyers may appear before the Commission or any Labor prepare pleadings, entertain clients, dish out legal advice, prepare
Arbiter only: contracts, etc. and shall be under the direct control of their supervising
1. If they represent themselves; or employer who is a full-pledged lawyer. Presently, the Supreme Court has
2. If they represent their organization or members thereof. required Level 1 Certification which shall be issued to a first-year student
(b) No attorney’s fees, negotiation fees or similar charges of any who was able to complete his first-year curriculum in law. A LEVEL 1
kind arising from any collective bargaining negotiations or CERTIFICATION allows the student to give legal opinion, prepare
conclusion of the collective agreement shall be imposed on any contracts, appear before courts, quasi-administrative bodies (like the
individual member of a contracting union: Provided, however, arbitration branch). But in their appearance, they must be supervised by a
That attorney’s fees may be charged against union funds in an full-pledged lawyer in all instances. The Level 2 Certification is for those
amount to be agreed upon by the parties. Any contract,
who have completed their third-year curriculum. In addition to what the
agreement, or arrangement of any sort to the contrary shall be
Level 1 Certified students can perform, those with LEVEL 2
null and void.
CERTIFICATION can appear before regular courts, attend criminal cases,
and appear before appellate courts. But in all instances, they have to be
Equipoise rule; interpretation in favor of labor supervised by a full-pledged lawyer.

When in doubt, apply the equipoise rule. When the evidence presented by
the employer and the complainant are evenly balanced, always tilt the
Non-lawyers; union officers or union representatives
scales of justice in favor of the complainant-employee. Although, under the
provisions of the Labor Code, when it comes to the interpretation of the The union represents their members. When a member was aggrieved by
rules of the provisions of the LC, as well as the implementing rules and the person undertaken by the employer, the union—a legitimate one (one
regulations, the same shall be liberally construed in favor of labor. But, said which was duly registered before the DOLE)—has the legal personality to
liberal interpretation would likewise apply in actual cases involving labor. represent the member before the arbitration branch. During the mandatory
conference, a non-lawyer belonging to a union can appear, provided that
he must be armed with a board resolution duly authorizing him as a
Appearances and fees representative of the union.

As a rule, only full-pledged lawyers are allowed to engage in the practice

of law (see Cayetano v. Monsod). Practice of law involves the performance
Non-lawyers; heads of human resources department
of any activity which are done inside and outside the courtroom.
Who would be the counterpart of the representative of the union? That
would be the head of the personnel department or the director or directress
Non-lawyers; law students of the human resource department, who is likewise a non-lawyer but just
like the representative of the union, the head of the HRD of the company
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35 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

must be armed with a board resolution or secretary certificate from the In a case where the complainants agreed that the lawyer would get
company duly authorizing him to act for an on behalf of the respondent. 50% attorney’s fees if they get the monetary award and some of them
complained and brought the matter up to the SC. The SC held that only
10% and that 50% is too much—which would make the lawyer “guns for
Effect of appearance of persona non grata hire” wherein they would accept cases for the highest bidder.

If the non-lawyer person appearing before the labor arbiter is neither of

anyone of those enumerated above, he is just a persona non grata. The Appearance of a lawyer
Commission is strict when it comes to representation due to the existence
of the so-called “fixers,” those who claim to have expertise in procedure When a lawyer appears on behalf of a party before the labor arbiter, even
and charge excessively for their services. If the complainant is if there is no entry of appearance, the mere fact that the lawyer is there,
accompanied by somebody who appears not to be a lawyer, the LA would there is already a presumption that he is appearing on behalf of the party
ask what is the relation of the person accompanying the complainant. If he is representing. The Rules of Court provide for that presumption. When
said person is not connected with the union, or such person is the wife or the lawyer appears, he does so, clothed with the authority on the part of
husband who has nothing to do in the case, will be ordered by LA to step the client.
out the room.
Labor Arbiters, just to be sure and given the dynamics of the
If a non-lawyer, who is likewise a party to the case, is allowed arbitration branch of the Commission, would always require lawyers
naturally to appear in the case. If the party-litigant encounters such appearing before the LA to file a formal entry of appearance. It is better
adverse decision, he cannot, on appeal whine or threat that he was the practice for a lawyer to always file a formal entry of appearance because
deprived of his right to counsel because it was his choice to represent his that would make him a counsel of record—which is one to whom all
own and that is tantamount to his waiver of his right to counsel. The LA pleadings, court resolutions, and decisions are served. If a party is
would always advise complainants during the mandatory conference that represented by a lawyer, a notice to the lawyer is tantamount to a notice
if there is no settlement, they can always seek the assistance of an attorney to the client. Even if the party was served with a decision but the lawyer
from the PAO. Generally, attorneys would accept the case on a contingent was not, the reckoning point of the 10 days to file an appeal would not
basis—meaning that they could not charge any acceptance fee against a begin to count because receipt by the party is not the official receipt from
complainant-employee who has just lost his job. But, if the decision is in which the 10-day period would be counted from; it is the receipt of the
favor of the complainant, that is the time the attorney would get something counsel of record.
out of the monetary award by way of contingent fee.

Change of lawyer
Attorney’s fees
If a client or complainant or respondent would want to change their lawyer,
A lawyer representing a complainant can only charge 10% of the total there is a procedure for doing so. First, a lawyer who has just been hired
monetary award in favor of the complainant. The instances where it may by a party cannot just enter his appearance, and the LA for that matter
be awarded to the complainant may be limited to when there is unlawful shall not outrightly recognize the appearance of a new lawyer on behalf of
withholding of wages because under the Labor Code (Art. 110), attorney’s a party even if the party who is represented by a new lawyer is already
fees may be awarded if there is unlawful withholding of wages and other present there. For ethical considerations, there must be a withdrawal first
monetary claims. Another instance is when the complainant was by the counsel of record, and it is only when there is a withdrawal of the
compelled to litigate against the employer. former lawyer that the new lawyer can come in as a counsel of record. That
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36 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

is the general rule. An exception is when the former lawyer is nowhere to

be found or has not been appearing in court (or when the lawyer ghosted
his client). Appeal

The complainant must secure the consent of the lawyer to be ART. 229. APPEAL
Decisions, awards, or orders of the Labor Arbiter are final and executory
substituted. But if such consent cannot be obtained, there must be proof
unless appealed to the Commission by any or both parties within ten
that an attempt was made and that he was served with a motion. However,
(10) calendar days from receipt of such decisions, awards, or orders.
that usually does not happen in practice. What usually happens is if a Such appeal may be entertained only on any of the following grounds:
lawyer was already being substituted by somebody else, it would be (a) If there is prima facie evidence of abuse of discretion on the part
awkward if he will not withdraw his representation. If there is a falling out of the Labor Arbiter;
between him and his client, he should, on his own, file a motion for (b) If the decision, order or award was secured through fraud or
withdrawal as counsel for the party. coercion, including graft and corruption;
(c) If made purely on questions of law; and
(d) If serious errors in the findings of facts are raised which would
Change of lawyer; when allowed cause grave or irreparable damage or injury to the appellant.
In case of a judgment involving a monetary award, an appeal by
(a) Upon written application; the employer may be perfected only upon the posting of a cash or surety
bond issued by a reputable bonding company duly accredited by the
(b) Upon consent of the client; Commission in the amount equivalent to the monetary award in the
judgment appealed from.
(c) Upon written consent of the attorney to be substituted; and In any event, the decision of the Labor Arbiter reinstating a
(d) In case the consent of the attorney to be substituted cannot be dismissed or separated employee, insofar as the reinstatement aspect
is concerned, shall immediately be executory, even pending appeal. The
obtained, there must at least be proof of notice that the motion for
employee shall either be admitted back to work under the same terms
substitution has been served upon him in the manner prescribed
and conditions prevailing prior to his dismissal or separation or, at the
by the rules (Sec. 26, Rule 138). option of the employer, merely reinstated in the payroll. The posting of
a bond by the employer shall not stay the execution for reinstatement
provided herein.
Authority to bind the party To discourage frivolous or dilatory appeals, the Commission or the
Labor Arbiter shall impose reasonable penalty, including fines or
In matters pertaining to procedure, there is no need for the consent of the censures, upon the erring parties.
client when it comes to the filing of the necessary pleadings needed to In all cases, the appellant shall furnish a copy of the memorandum
prosecute the case of the client. However, in case of settlement, if the one of appeal to the other party who shall file an answer not later than ten
who is going to receive the settlement and amount is the lawyer, he must (10) calendar days from receipt thereof.
be armed with a special power of attorney (SPA) in order to bind his client. The Commission shall decide all cases within twenty (20) calendar
days from receipt of the answer of the appellee. The decision of the
Case mentioned: Mariño v. Gamila (see p. 148 of the book). A Commission shall be final and executory after ten (10) calendar days
check-off is a process or device whereby the employer, on agreement with from receipt thereof by the parties.
the Union, recognized as the proper bargaining representative, or on prior Any law enforcement agency may be deputized by the Secretary
authorization from the employees, deducts union dues or agency fees from of Labor and Employment or the Commission in the enforcement of
the latter’s wages and remits them directly to the Union. decisions, awards, or orders.

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37 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Since there is no a MR from the LA, the remedy of the aggrieved party is court. What if there is already a decision in favor of the complainant which
to file for an appeal with the Commission within the period of 10 calendar involves a monetary claim, and perfected the filing of an appeal bond and
days from the receipt of the LA’s decision. If there is no appeal, the decision such decision attained the status of finality decided by the SC, during the
of the LA will become final and executory. execution proceedings, can the LA, upon motion of respondent company
which is undergoing insolvency proceedings, still suspend the execution
proceedings? Even if there is already a final and executory decision whose
Suspension of proceedings before the LA/Commission monetary award was already covered by the appeal bond, still it must be
suspended for it would go against the essence of rehabilitation or
When a corporation, unable to pay its debts and liabilities, petitions the insolvency or bankruptcy proceedings.
SEC for a declaration of suspension of payments, the SEC may appoint a
receiver or a management committee tasked with the rehabilitation of the In a case pending petition for rehabilitation, all other cases
corporation. Consequent to such appointment, according to PD No. 902- involving the company, which is undergoing rehabilitation, will have to be
A: “all actions for claims against such corporation x x x pending before any suspended.
court, tribunal, board or body shall be suspended accordingly.” To summarize, there are two instances wherein proceedings may
Proceedings before the LA or the Commission may be suspended be suspended: first, upon the issuance of an injunction or TRO by the
if the respondent, which happens to be a corporation, is undergoing Commission, and; second, upon the motion of the respondent company
insolvency or bankruptcy proceedings or rehabilitation proceedings. undergoing bankruptcy, insolvency, or rehabilitation proceedings.
If the company is undergoing insolvency, it is in the process of liquidation
in order to meet its obligation. This is where the inventory of the assets and
liabilities will have to be submitted in court and whatever assets remain will RTC cannot issue injunction against NLRC/LA
have to be distributed to the creditors conformably with the concurrence
and preference of credit. When a company is undergoing insolvency The regional trial court has no jurisdiction to issue a temporary restraining
proceedings, it is already at its demise. On the other hand, in rehabilitation, order in labor cases. In a way, the LA and the RTC are co-equal.
the company is not completely ceasing its operation; it is just at the moment, The general rule that no court has the power to interfere by
it is suffering from liquidity problems such that it could not meet its injunction with the judgments or decrees of another court with concurrent
obligations as they fall due. In other words, there is still a chance for the or coordinate jurisdiction possessing equal power to grant injunctive relief,
company to be revived or rehabilitated. Its obligations which are due and applies only when no third-party claimant is involved (Traders Royal Bank
demandable will be restructured—meaning, there would be a proposed v. IAC). When a third-party or a stranger to the action, asserts a claim over
schedule of payment anew in order to give the company or corporation the property levied upon, the claimant may vindicate his claim by an
undergoing rehabilitation some breathing space in order to meet up its independent action in the proper civil court which may stop the execution
obligations. of the judgment on property not belonging to the judgment debtor. A person
If there is a pending case, particularly that involving a sum of other than the judgment debtor who claims ownership or right over the
money, against the corporation which is undergoing insolvency levied properties is not precluded, however, from taking other legal
proceedings, the LA, upon the motion of the respondent company, has to remedies.
suspend proceedings in order to give way to the insolvency or bankruptcy Naturally, the MTCs cannot issue an injunction because they are
proceedings. lower than the RTC and the Arbitration Branch. The Court of Appeals and
What will then be the remedy of the complainant in this case? The the Supreme Court can issue injunction. In fact, an aggrieved party can
complainant will have to file his claim with the insolvency or bankruptcy
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38 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

ask for a TRO from the CA in his petition for certiorari under Rule 65 in employer. If the employer does not accede to the demand to pay, the
order to enjoin the LA or the Commission. sheriff would issue a notice of garnishment directed against banks where
the employer is keeping deposits. When the notice of garnishment is
served and if it happens that the employer has deposits in the said bank,
RTC can issue injunction/TRO against LA/Commission’s sheriff the manager will set aside a portion of the deposit necessary to satisfy the
monetary award. If there is no deposit in the name of the employer, then
In the case of Yupangco Cotton Mills, Inc. v. CA, a third-party claim was the sheriff would go after the personal properties of the employer. If there
filed by a party who claims to be the owner of property which is being levied are no personal properties, the sheriff would go after the real properties.
upon on execution by the sheriff of the arbitration branch. In this case, there
is already a final and executory decision by the LA, and the execution of Levy on execution is different from attachment. Attachment of the
the final and executory decision, naturally, the sheriff will have to properties of the defendant is to prevent the defendant from absconding
implement or enforce the said decision. First, the sheriff will go after the with these properties. A preliminary attachment is usually availed of at the
personal properties of the judgment-debtor, who in this case is the commencement of the action. Levy on execution is when there is a
employer. If the personal property is not enough, the sheriff could not levy decision and involves actual levying on the property of the respondent-
any personal property eventually, it will go after the real properties of the employer. Both attachment and levy on execution has for their purpose of
employer. If it happens that another person is claiming to be the owner of putting the property of the respondent-employer under court custody
the property being levied, his remedy would be to file a third-party claim, (custodia legis).
as distinguished from a third-party complaint. A third-party claim When properties of the respondent-employer have been levied on
presupposes that a party other than the judgment-debtor claiming execution, the next step would be for the sheriff to schedule an execution
ownership of the property levied upon execution. Another remedy available sale wherein interested buyers of the property will bid on the said property.
to the third-party is an action for recovery of possession or replevin before And whatever proceeds would be realized from the execution sale, would
the regular court. be applied to the monetary award.
If the regular court happens to issue a TRO against the sheriff from
conducting an auction sale of the property levied on execution, it is
technically not a TRO or injunction against the LA. But this is an injunction Requisites for perfecting an appeal from the LA
or TRO directed to the sheriff of the arbitration branch of the Commission.
The principle of comity among courts and tribunals is not violated because The appeal shall be:
the TRO or injunction is directed against the sheriff to prevent the latter 1) Filed within the reglementary period (10 days);
from preventing the execution sale. 2) Verified by the appellant himself (Sec. 4, Rule 7);
3) In the form of a memorandum of appeal which shall state the
grounds relied upon and the arguments in support thereof, the
Execution proceedings relief prayed for, and with a statement of the date the appellant
received the appealed decision, resolution, or order;
Once a writ of execution is issued by the LA, it would be the sheriff who 4) In three legibly typewritten or printed copied; and
will implement or enforce the said final and executory decision. The first 5) Accompanied by:
thing that the sheriff would do is to go after the appeal bond (either in the
form of cash or surety posted by the surety company) that would make it a) Proof of payment of the required appeal fee and legal research
easier for the sheriff. If there is no appeal bond, it would go after the fee;
personal properties. A demand to pay would be sent by the sheriff to the b) Posting of a cash or surety bond (appeal bond); and
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39 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

c) Proof of service upon the other parties. If the employer would only get to pay a certain percentage like 10%
to 15%, then a surety bond would seem preferable to than paying the entire
amount of the principal monetary award. However, it does not work that
Period of appeal; 10 days way. The surety companies would require the applicant to post a security
or collateral either in the form of a time deposit wherein you are going to
The 10 calendar days refer to working days, including Saturdays, Sundays, assign the time deposit equivalent to the principal amount of the monetary
and Legal Holidays, except if the last day falls on a non-working day award in favor of the surety bond so that when the time comes, the decision
(Saturday, Sunday, or a Legal Holiday), the rule is that the deadline is would be enforced or implemented, the surety company would release the
automatically adjusted to the next proceeding business day. time deposit in favor of the complainant. Or, the surety company would
require a property in the form of a title by way of security. So how much did
the surety company earn from this? The 10% to 15% premium which is
Appeal bond effective only for a period of 1 year. By next year, it would be renewed
again by the same amount of percentage. So it is renewable every year,
In case the decision of the LA or the Regional Director involves a monetary ensuring that the surety companies would earn from the premium payment
award, an appeal by the employer may be perfected only upon the posting of the surety bond. If you have the cash, it would be better to post it
of a bond, which shall either be in the form of cash deposit or surety bond because it can be withdrawn it a decision from the Commission if a
equivalent in amount to the monetary award, exclusive of damages and favorable decision is secured.’
attorney’s fees. Only the actual damages, in the form of backwages and
other monetary claims of the complainant are included in the computation If the surety bond turned out to be bogus or fake or if it was posted
of the appeal bond. The appeal bond may also be in the form of a property by a surety company not duly accredited by the Court or has been
bond (surrender the title to the Commission) in case of insufficiency of blacklisted, the lawyer can be held administratively liable.
funds.
An appeal bond is mandatory as it is one of the ways to protect the
Motion to reduce bond
rights of labor. It ensures that a certain amount of money had been set
aside to cover the monetary award in the decision. If there is no appeal In case the respondent-employer does not have sufficient funds to cover
bond posted, the effect is the outright dismissal of the appeal. the appeal bond or avail of a surety, he may file a motion to reduce the
bond.

The filing of a motion to reduce appeal bond shall be entertained

Cash bond v. surety bond
by the NLRC subject to the following requisites:
In case of surety bond, the same shall be issued by a reputable bonding
(1) There is meritorious ground; and
company duly accredited by the Commission or the Supreme Court. The
(2) A bond in a reasonable amount is posted.
Commission has a list of legitimate surety companies because there were
already some which were blacklisted because they posted bogus or fake It will not sufficient to impress upon a meritorious appeal before the
surety bonds. When you say surety bond, you only get to pay a certain Commission. The applicant must prove before the Commission that he
percentage which would range from 10% to 15% of the principal amount. does not have sufficient cash or property or is suffering from financial crisis.
The surety company would then issue the amount to be paid, which is only The applicant must present or accompany his motion for reduction of bond
what you would get to pay by way of premium. The surety company would his financial statements in order to prove that he does not have enough
then post the surety bond. cash at the moment.
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40 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

A motion for reduction which was filed together with the notice of Appeal memorandum; contents
appeal and appeal bond within the 10-day reglementary period will not be
enough. The applicant must post a reasonable amount also in order to The appeal memorandum contains the grounds for assailing the decision
show good faith in moving for a reduction of the bond. What is this of the labor arbiter; if there is a prima facie abuse of discretion on the part
reasonable amount? The SC in several cases such as in Rosewood v. of the LA. Here, the practitioner would always make a motherhood
NLRC, considered 10% of the principal amount as a reasonable amount. statement—that the LA committed grave abuse of discretion in the assailed
Ten percent is reasonable, but in order to be sure about it, you might want decision. While they are making so much profuse statements about the
to increase the 10% to 50% of the principal or monetary award. grave abuse committed by the LA, they are not specifying why grave abuse
of discretion was committed. There is no need to make a discussion in the
In the natural order of things before the appeal is decided on the appeal memorandum; a statement on why the LA committed grave abuse
merits, the Commission will see first whether the appeal was perfected. So, of discretion would suffice.
it will take action first to reduce bond. In the meantime, the Commission
will take time in order to resolve that and the lawyer will have bought How would the LA commit grave abuse of discretion?
enough time for the client to collate its resources and come up with the full 1) If his reliance on a decision is misplaced or if the factual conclusion
amount of the monetary award which will be posted by way of appeal bond. is based on evidence which are not actually extant in the records
A period of 30 days would go a long way in order for the appellant to muster of the case or not submitted by the parties or if it is submitted by
enough funds for the appeal bond. the parties, the appreciation of the LA is erroneous; or
In case the Commission refused the motion to reduce the bond and, 2) If a decision of award is secured through fraud or coercion,
in the meantime, you were able to post a reasonable amount, the including graft and corruption. This is hard to prove because this is
Commission will give you time to pay the remaining different of the usually when the other party bribed the LA; or
monetary award in full. Once you have posted the same, the Commission
can already proceed to decide the appeal on the merits. 3) If serious errors in the findings of facts are raised which would
cause grave or irreparable damage or injury to the appellant. There
is a need to specifying which findings of facts caused such damage.
Notice of appeal

A notice of appeal is simply a statement, notifying the LA, copy-furnished Question of law
the other party, that the decision is being appealed to the Commission
within 10 days. Practitioners would usually separate a notice of appeal and There is a question of law when there is an honest difference between the
an appeal memorandum in their preparation. parties as to what provision of the Labor Code would apply, or if the parties
are in agreement as to what law would apply but they differ when it comes
to the interpretation or construction of the said provision.
Appeal memorandum
A memorandum of appeal discusses or states the grounds for filing an Where to file notice of appeal & appeal memorandum
appeal and the justification why the decision of the labor arbiter has to be
reversed by the commission. Some practitioners include the appeal The notice of appeal and appeal memorandum are filed with the regular
memorandum and the notice of appeal in the same document. courts—not with the Commission. The LA will transmit records of the case
before the Commission. That is how the Commission would take
cognizance of the appeal. If it will be filed before the LA, he would know
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41 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

his decision is being appealed and that would prevent the LA from issuing
a certificate of finality.
Execution of decisions, orders, or awards

ART. 230. EXECUTION OF DECISIONS, ORDERS, OR AWARDS

Immutability of final decision; exception The Secretary of Labor and Employment or any Regional Director, the
Commission or any Labor Arbiter, or med-arbiter or voluntary arbitrator
Can a decision which is already final and executory be still amended? A may, motu proprio or on motion of any interested party, issue a writ of
nunc pro tunc is an exception to the immutability of a final and executory execution on a judgment within 5 years form the date it becomes final
decision. A decision becomes final and executory if the aggrieved party and executory, requiring a sheriff or a duly deputized officer to execute
does not interpose an appeal before the LA and the decision of the LA or enforce final decisions, orders, or awards of the Secretary of Labor
becomes final; or if the Commission rendered a decision and the aggrieved and Employment or regional director, the Commission, the Labor Arbiter
party did not file a motion for reconsideration, the decision of the or med-Arbiter, or voluntary arbitrators. In any case, it shall be the duty
Commission becomes final; if the aggrieved party does not assail the of the responsible officer to separately furnish immediately the counsels
decision of the CA, the decision becomes final; or if the SC renders a final of record and the parties with copies of said decisions, orders, or
decision. awards. Failure to comply with the duty prescribed herein shall subject
such responsible officer to appropriate administrative sanctions.
A NUNC PRO TUNC decision is something which one has to issue The Secretary of Labor and Employment, and the Chairman of the
by way of clarification but not necessarily amending the decision because Commission may designate special sheriffs and take any measure
the dispositive portion did not reflect what was discussed in the body of the under existing laws to ensure compliance with their decisions, orders, or
decision. The object of a nunc pro tunc is not the rendering of a new awards and those of Labor Arbiters and voluntary arbitrators, including
the imposition of administrative fines which shall not be less than
judgment and the ascertainment and determination of new rights, but is
₱500.00 nor more than ₱10,000.00
one placing in proper form on the record, the judgment that had been
previously rendered, to make it speak the truth, so as to make it show what
the judicial action really was, not to correct judicial errors, such as to render Writ of execution
a judgment which the court ought to have rendered, in place of the one it
did erroneously render, nor to supply non-action by the court, however When a decision has been rendered and it has obtained the status of
erroneous the judgment may have been.2 finality, the sheriff cannot just present the decision itself to the judgment-
debtor in order to implement the same. He needs a writ of execution which
Typographical errors, grammatical errors, and clerical errors are would contain the items which the judgment-debtor will have to satisfy.
the only things that can be changed in a final and executory decision.

Order of reinstatement is immediately executory (Rule XI)

Copy-furnish the other party of notice and memorandum of appeal
If the Commission or the labor arbiter finds that there has been illegal
Whenever a notice of appeal and appeal memorandum are filed, the other dismissal, the dispositive decision will contain an order of reinstatement
party must be copy furnished with of the same. This is to allow them to file which shall be immediately executory, even if it is pending appeal.
their answer or reply to the notice of appeal and appeal memorandum. If Ordinarily, in other cases, if there is an appeal from the decision, the
the other party is not copy furnished with such, it is not fatal. appealed decision cannot yet be implemented. It cannot be executed

2 Briones-Vasquez v. Court of Appeals

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42 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

pending appeal. This is one of the exceptions—the reinstatement aspect. d) Should the cash deposit or surety bond be insufficient, the sheriff
Therefore, a writ of execution is not necessary in a judgment ordering the shall within 5 days from demand, execute the monetary judgment
reinstatement of the employee because it is immediately executory. by garnishing bank deposits, credits, receivables, and other
personal property not capable of manual delivery, if the same is
In order for one to secure of a writ of execution, one must still have not enough, proceed to levy the personal property of the losing
to file a motion for a writ of execution which will take time, especially if the party, and if insufficient, against the real property not exempt from
other party is opposing the same or if there are facts and circumstances execution, sufficient to cover the judgment award;
which would have altered the situation. But here, once the decision is
released, all that the employee has to do is to present the decision to the e) Proceeds of execution shall be deposited with the cashier of the
employer and the employer has no choice but to accept him. concerned division or regional arbitration branch, or with an
authorized depositary bank.

Officials who may issue a writ of execution

Two kinds of reinstatement
1) SOLE
There are two kinds of reinstatement: physical reinstatement and
2) DOLE Regional Director reinstatement in the payroll. In ACTUAL OR PHYSICAL
3) NLRC REINSTATEMENT, the employee is reinstated to his position which he
occupies prior to his illegal dismissal under the same terms and conditions
4) Labor Arbiter prevailing prior to his dismissal or, if no longer available, to a substantially
equivalent position. There must be no diminution in rank, status, and
5) Med Arbiter
benefits, otherwise there would be insufficient compliance. On the other
6) Voluntary Arbitrator hand, in PAYROLL REINSTATEMENT, the employee is merely reinstated
in the payroll and does not perform his services but receives compensation.
7) Panel of Arbitrators The employer has the right to decide what kind of reinstatement the
employee would be reinstated to. (Note: reinstatement while the case is
still pending appeal may be temporary)
Manner of execution of monetary judgment (Sec. 8, Rule XI)
Reasons why the employer might opt for payroll reinstatement:
a) Sheriff shall enforce a monetary judgment by demanding the
immediate payment of the full amount stated in the writ of (1) The employer believes that there was a valid cause for
execution; dismissal;

b) Failure or refusal of the losing party to pay, the sheriff shall proceed (2) The employer does not want to see anymore the
against the cash deposit or surety bond posted by the losing party; employee in the company premises because it may
demoralize employees;
c) If the bonding company refuses to pay, the president or the
responsible officers of said company shall be either cited for (3) The employee had lost the trust and confidence of the
contempt or be held liable for resistance and disobedience; employer due a commission of a crime by the employee;
(4) The employee might threat the employer with physical
harm or if he engaged in fisticuff with a co-employee; or
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43 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

(5) When a faculty member is illegal terminated and the Remedy of employee when the company already closed
decision was handed down during the semester when
classes have already started. In the event the company had already closed shop, and there would be
nothing for the employee to go back to, the only alternative for the
employee is to be given his separation pay. This separation pay is different
from that which the law gives to employees who were separated due to
Effect of reversal of decision on reinstated employee authorized causes (i.e., redundancy, retrenchment, etc.). The amount of
In case the appealed decision of the LA was reversed after the reinstated separation pay in this case would be 1 month for every year of service.
(physical reinstatement) employee—who accumulated benefits during his
reinstatement—would not be required to return what he had received
because he had rendered services for the wages or salary he received Non-acceptance of employee by employer
during the pendency of the appeal before the Commission.
In case the employee appears to work and the employer does not accept
However, if the reinstatement was through payroll, the basis for the him, it would be dire on the employer because the backwages would
reinstated employee in receiving his salary is the decision of the labor continue to run—it would be a running backwages (which shall be
arbiter which ordered his reinstatement. Thus, he would not be required to computed from the time the employee was illegally dismissed up until his
refund what he had received. But the moment the NRLC reverses the LA’s reinstatement). In the end, it is the employer who would still suffer if he
decision or by the time its decision had been promulgated, then the does not accept the employee when the latter presents himself and profess
employer can already stop paying the salary of the said employee. his readiness to take on his former position. Moreover, if the employer
refuses to reinstate a legally dismissed employee pending appeal, he may
If the Commission reverses the ruling of the LA which was in favor be cited for contempt.
of the employer, which causes the reinstatement of the employee, will the
employer be required to file an appeal bond for his MR and petition for
review with the Court of Appeals? There is no provision in the NLRC Rules
which would require the employer to post a bond because he is way past Restitution (Sec. 18, Rule XI)
that period where the employer has to file an appeal and he is not In a case wherein the petitioner had already received the full judgment
supposed to appeal the decision of the LA which was in his favor. The award of the case and has proven that he is not entitled to such an award
decision of the LA which was initially in his favor would compel the has proven that he is not entitled to such an award should return the same
employer to reinstatement the employee because it is immediately to the respondents.
executory even pending appeal. The posting of the bond is merely required
for purposes of perfecting an appeal and the one who appealed the Sometimes the employer would be left with a paper tiger
decision is none other than the complainant-employee. decision—a decision which came at a tremendous cost—but cannot be
implemented anymore because the subject of restitution, which is none
There are also times when the complainant-employee does not other than the employee is nowhere to be found.
insist to be reinstated because what is immediately executory only is the
decision of the labor arbiter which contains a portion pertaining to Where the executed judgment is totally or partially reversed or
reinstatement, but not so, however, when it comes to the decision of the annulled by the Court of Appeals or the Supreme Court with finality and
Commission. That matter pertaining to reinstatement when the restitution is so ordered, the Labor Arbiter shall, on motion, issue such
Commission reversed the decision of the LA is still debatable. order of restitution of the executed award, except reinstatement wages
paid pending appeal. This is based on the principle of unjust enrichment.

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44 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

enforced against the bond unless the action therefor is filed within 120 days
from the filing of the bond.
Appeal on the execution of decision; supervening events
A third-party claimant has two remedies: 1) an action for damages
Once a decision becomes final and executory, it can no longer be modified against the sheriff to be brought within 120 days from the filing of the bond;
or changed or amended. It is already rendered immutable, but there are and 2) a separate and independent action (possessory actions) to
exceptions. One is if there is a supervening event which would make the vindicate his claim to the property which are cognizable by regular courts
execution no longer practical like if the employee incurs advances before (see also Yupangco Cotton Mills v. Mendoza). This can be coupled with a
and such that the parties became debtors and creditors of each other, and TRO.
implementing the decision against the employer would be an injustice to
the employer because it is evident that the employee still owes the
employer.
Simulated sale, void and ab initio
What would happen in these instances is the application of
[re]compensation wherein off-setting would have to be made. Thus, the For a contract to be valid, there must be: (1) consent of the contracting
final decision will not lie anymore because the parties have become parties; (2) object certain which is the subject matter of the contract; and
debtors and creditors of each other. (3) cause of the obligation which is established.

Supervening events that may take place after the decision already An absolutely simulated contract is when the parties do not intend
attained the status of finality: to be bound at all. It is void for lack of consideration and cause.

1) When the parties have become debtors and creditors of each other.

2) When the employee can no longer be reinstated because the Conciliation and mediation conference during appeal
position he occupied before is no longer existing. The Commission can call on the parties for conciliation and mediation to
3) The employer already closed his business. The remedy of the settle a case pending appeal. However, the Commission seldom does that.
employee here is separation pay (different from separation pay due When the Commission does this, it means that there is something amiss;
to authorized causes). there are extrajudicial measures being undertaken by the other party and
the Commission, in order to maintain its partiality, would call on the parties
to conduct conciliation and mediation proceedings.
Third party claim It can likewise be done on the motion of one of the parties,
especially now during a public health crisis when a party would want to
If the property attached is claimed by any person other than the party encash or receive what is due them, they would communicate with the
against whom attachment had been issued or his agent, and such person other party to haggle the amount for the settlement of the case.
makes an affidavit of his title thereto, or right to the possession thereof,
stating the grounds of such right or title, and serves such affidavit upon the
sheriff while the latter has possession of the attached property, unless the
attaching party of his agent, on the demand of the sheriff, shall file an Decision of Commission is subject to MR
indemnity bond (which is equal to the value of the property levied upon). Unlike the decision of labor arbiters, the decision of the Commission is
No claim for damages for the taking or keeping of the property may be subject to a motion for reconsideration. Proceedings before the

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45 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Commission partake an administrative proceeding, so there is a need to (9) Where the issue raised is one purely of law or public interest is
exhaust all administrative remedies. involved.

Regardless of the presence of these instances, it is ideal to file the MR

nonetheless so that it would not set you back in the future.
LA decisions appealable by certiorari
Bear in mind that when you avail of Rule 45 under the Rules of
Under the ruling of the SC in the case of St. Martin Funeral Homes v. NLRC, Court, what you are only raising before the Supreme Court is a question of
decisions of the LA are assailable by way of petition for certiorari under law. Matters which would require presentation of evidence or appreciation
Rule 65 which is predicated on grave abuse of discretion. In order to lay of evidence, those would constitute a question of fact, and if such issues
down the foundation for a petition for certiorari under Rule 65, the applicant were raised before the SC, they would just be dismissed outright.
must exhaust all administrative remedies by filing a motion for
reconsideration. The purpose of this MR is to give the Commission an
opportunity to rectify mistakes the applicant perceived the Commission
committed. But, filing for a MR is not an ironclad rule. There are exceptions. Question of law
There are instances wherein a MR may be dispensed with: There is a question of law when:
(1) When the decision or order is a patent nullity, as where the court a (1) There is doubt or there is an honest difference between the parties
quo has no jurisdiction; as to what law would apply; or
(2) Where the questions raised in the certiorari proceedings have been (2) Parties are in agreement as to what law would apply, how would
duly raised and passed upon by the lower court, or are the same that provision of the law be construed or interpreted; or
as those raised and passed upon in the lower court;
(3) If the question is in regard to the application of the decisions of the
(3) Where there is an urgent necessity for the resolution of the SC which will prevail.
question and any further delay would prejudice the interests of the
Government or of the petitioner or the subject matter of the petition
is perishable;
Unions within UST
(4) Where, under the circumstances, a motion for reconsideration
There are 3 unions within the university: union of the rank-and-file
would be useless;
employees (non-academic); union of the faculty members (academic); and
(5) Where petitioner was deprived of due process and there is extreme union in the hospital. All of these unions would represent different
urgency for relief; bargaining units. A bargaining unit is one where they have a commonality
of interest. For example, the non-academic union is comprised of
(6) Where, in a criminal case relief from an order of arrest is urgent employees who do not engage in teaching and do office work. The
and the granting of such relief by the trial court is improbable; academic union is comprised of the faculty members—including librarians
(7) Where the proceedings in the lower court are a nullity for a lack of (who are legally considered as academics). The rank-and-file employees
due process; of the hospital include the nurses and hospital staff. All of these unions are
what the UST admin has to contend with.
(8) Where the proceeding was ex parte or in which the petitioner had
no opportunity to object; and ------------------

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46 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Queries has to be a corresponding consent/permission from the employee

concerned. (see also Gamillo v. Mariño)
Q: If after a final and executory judgment by the labor arbiter/division,
the parties entered into a compromise agreement, is there a Q: Why is the failure to give a copy of the appeal to the adverse party
requirement that the labor arbiter/division shall approve them first within 10 days not fatal when the appellant needs to have proof of
before it operates as a novation of the judgment obligation, or only service to the other party to perfect an appeal?
the parties’ consent is needed?
A: It is not fatal because it is merely a formal requirement and not a
A: So that the compromise agreement between the parties of a final and jurisdictional one and if the other party was not furnished and this is made
executory decision would be valid, it has to be approved by the arbiter or known by the latter to the Commission, the latter can just order the
division of the NLRC first. Though, in reality, if the parties already entered appellant to furnish the other party with a copy of his memorandum.
into a compromise agreement since this is a voluntary undertaking, parties
do not submit them for approval anymore since nobody would complain Q: Can a court relax the appeal bond requirement on the ground of
anyway. But of course, to be sure, better submit the compromise special circumstances even if there was no appeal bond posted nor
agreement for approval so that there would be a formal closure of the case. a filing of a motion to reduce the bond?

Q: If a cooperative employee is a member also of the cooperative, A: No, the filing of an appeal bond is jurisdictional and is cardinal under the
does the labor arbiter have jurisdiction over his money claims? rules on pleadings and practice that the right to appeal is not a matter of
right but merely a privilege and appellant must comply with the jurisdiction
A: If the money claims of the cooperative member are by virtue of her being requirement in order to perfect the same. Withal, the bond requirement is
an employee and not as a member, the labor arbiter has jurisdiction. Note a substantial one for it is intended to protect the winning employee and in
that what is crucial here is the EER between the parties. But if the money order to ensure that the appeal is not being interposed to delay the
claims pertain to her membership, like entitlement to its profit sharing, the satisfaction of the decision.
LA does not have jurisdiction. Being intra-cooperative, jurisdiction lies with
the Cooperative Development Authority. ------------------

Q: In the requisites for a valid levy and check-off, why is the first Approval of compromise agreement
requisite (i.e., authorization by a written resolution of the majority of In order to protect the rights of the employer or employee, it would be best
all members at the general membership meeting called for the to have the compromise agreement approved before the labor arbiter or
purpose) needed when there is already an individual written the Commission. Once approved, it may no longer be impugned or
authorization for check-off duly signed by the employee concerned? assailed by the parties.
A: The check-off would be used to pay off a particular expense of the Union
like negotiation fees or attorney’s fees and before the Union could proceed
with it, there has to be a resolution by the majority of the members in a Pre-execution conference
general assembly called for the purpose as it would affect the entire
Inasmuch as before the LA issues a writ of execution, once a motion for
membership. This is particularly true if it will be drawn from union funds.
the issuance of a writ of execution is filed by the winning party in order to
But if there is no allotment for it in the union funds and you to deduct/check-
implement the final and executory decision, the LA conformably with the
off this from the benefits that members would receive then, the individual
NLRC rules would set for a pre-execution conference. This would afford
authorization from the members is very much required. Note that for every
the parties an opportunity to haggle or to compromise, which is actually
deduction from the benefits/salaries or allowances of the employee, there
beneficial for both parties. It is beneficial because: on the part of the
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47 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

employee, he does not have to coordinate with the sheriff and the sheriff 4) Made purely on questions of law; or
does not have to make the demand or run after the employer’s properties;
on the part of the employer, he will be spared from the payment of the 5) The order or resolution will cause injustice if not rectified.
sheriff fees and the embarrassment of the sheriff swooping down on his
premises or garnishing his bank account which might even affect his credit
standing with the bank. Contempt powers of the SOLE

ART. 321. CONTEMPT POWERS OF THE SECRETARY

In the exercise of his powers under this Code, the Secretary of Labor
Compromise agreement after final judgment may hold any person in direct or indirect contempt and impose the
appropriate penalties therefor.
As the SC held in the case of Magbanua v. Sy, even if the decision already
attained the status of finality, parties can still enter into a compromise
agreement for the reduction of the monetary award.

Certified cases (Rule VIII)

These certified cases would refer to the existing in industries or businesses
which are imbued with public interest. The President or the SOLE, if there
is a labor dispute or a concerted activity already happening in the business
imbued with public interest, can assumed jurisdiction. The President or the
SOLE can certify with the Commission the labor dispute which they
assume jurisdiction.

Extraordinary remedy (Rule XII)

A party aggrieved by any order or resolution of the LA including those
issued during execution proceedings may file a verified petition to annul or
modify such order or resolution. It may be entertained only on any of the
following:
1) There is a prima facie evidence of abuse of discretion on the part
of the LA;
2) Serious errors in the findings of facts are raised which, if not
corrected, would cause grave or irreparable damage or injury to
the petitioner;
3) A party by fraud, accident, mistake or excusable negligence has
been prevented from taking an appeal;
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48 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Title III over the dispute shall entertain only endorsed or referred cases
by the duly authorized officer.
Bureau of Labor Relations (b) Any or both parties involved in the dispute may pre-terminate the
conciliation-mediation proceedings and request referral or
endorsement to the appropriate DOLE agency or office which
Bureau of Labor Relations has jurisdiction over the dispute, or if both parties so agree, refer
the unresolved issues to voluntary arbitration.
ART. 232. BUREAU OF LABOR RELATIONS
The Bureau of Labor Relations and the Labor Relations Divisions in the
regional offices of the Department of Labor shall have original and Issuance of subpoenas
exclusive authority to act, at their own initiative or upon request of either ART. 235. ISSUANCE OF SUBPOENAS
or both parties, on all inter-union and intra-union conflicts, and all The Bureau shall have the power to require the appearance of any
disputes, grievances or problems arising from or affecting labor- person or the production of any paper, document or matter relevant to a
management relations in all workplaces, whether agricultural or non- labor dispute under its jurisdiction, either at the request of any interested
agricultural, except those arising from the implementation or party or at its own initiative.
interpretation of collective bargaining agreements which shall be the
subject of grievance procedure and/or voluntary arbitration.
The Bureau shall have fifteen (15) working days to act on labor Appointment of Bureau personnel
cases before it, subject to extension by agreement of the parties.
ART. 236. APPOINTMENT OF BUREAU PERSONNEL
The Secretary of Labor and Employment may appoint, in addition to the
Compromise agreements present personnel of the Bureau and the Industrial Relations Divisions,
such number of examiners and other assistants as may be necessary to
ART. 233. COMPROMISE AGREEMENTS carry out the purpose of the Code.
Any compromise settlement, including those involving labor standard
laws, voluntarily agreed upon by the parties with the assistance of the
Bureau or the regional office of the Department of Labor, shall be final Registry of unions and file of collective bargaining agreements
and binding upon the parties. The National Labor Relations Commission
or any court, shall not assume jurisdiction over issues involved therein ART. 237. REGISTRY OF UNIONS AND FILE OF COLLECTIVE
except in case of non-compliance thereof or if there is prima facie BARGAINING AGREEMENTS.
evidence that the settlement was obtained through fraud, The Bureau shall keep a registry of legitimate labor organizations.
misrepresentation, or coercion. The Bureau shall also maintain a file of all collective bargaining
agreements and other related agreements and records of settlement of
labor disputes and copies of orders and decisions of voluntary arbitrators
Mandatory conciliation and endorsement of cases or panel of voluntary arbitrators. The file shall be open and accessible
to interested parties under conditions prescribed by the Secretary of
ART. 234. MANDATORY CONCILIATION AND ENDORSEMENT OF Labor and Employment, provided that no specific information submitted
CASES. in confidence shall be disclosed unless authorized by the Secretary, or
(a) Except as provided in Title VII-A, Book V of this Code, as when it is at issue in any judicial litigation, or when public interest or
amended, or as may be excepted by the Secretary of Labor and national security so requires.
Employment, all issues arising from labor and employment shall Within thirty (30) days from the execution of a Collective
be subject to mandatory conciliation-mediation. The labor arbiter Bargaining Agreement, the parties shall submit copies of the same
or the appropriate DOLE agency or office that has jurisdiction directly to the Bureau or the Regional Offices of the Department of Labor
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49 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

and Employment for registration accompanied with verified proofs of its

posting in two conspicuous places in the place of work and ratification
by the majority of all the workers in the bargaining unit. The Bureau or Title IV
Regional Offices shall act upon the application for registration of such
Collective Bargaining Agreement within five (5) calendar days from Labor Organization
receipt thereof. The Regional Offices shall furnish the Bureau with a
copy of the Collective Bargaining Agreement within five (5) days from its
submission. Requirements of registration
The Bureau or Regional Office shall assess the employer for every
Collective Bargaining Agreement a registration fee of not less than one ART. 240. REQUIREMENTS OF REGISTRATION.
thousand pesos (₱1,000.00) or in any other amount as may be deemed A federation, national union, or industry or trade union center or an
appropriate and necessary by the Secretary of Labor and Employment independent union shall acquire legal personality and shall be entitled
for the effective and efficient administration of the Voluntary Arbitration to the rights and privileges granted by law to legitimate labor
Program. Any amount collected under this provision shall accrue to the organizations upon issuance of the certificate of registration based on
Special Voluntary Arbitration Fund. the following requirements:
The Bureau shall also maintain a file, and shall undertake or assist (a) Fifty pesos (₱50.00) registration fee;
in the publication of all final decisions, orders and awards of the (b) The names of its officers, their addresses, the principal address
Secretary of Labor and employment, Regional Directors and the of the labor organization, the minutes of the organizational
Commission. meetings and the list of the workers who participated in such
meetings;
(c) In case the applicant is an independent union, the names of all
ART. 238. PROHIBITION ON CERTFICIATION ELECTION has been its members comprising at least twenty percent (20%) of all the
repealed by EO 111, December 24, 1986 (Conditions for registration or employees in the bargaining unit where it seeks to operate;
national union) (d) If the applicant union has been in existence for one or more
years, copies of its annual financial reports; and
(e) Four copies of the constitution and by-law of the applicant union,
minutes of its adoption or ratification, and the list of the members
Contract bar rule
who participated in it.
While a valid and registered CBA is subsisting, BLR shall not hold a
certification election.
Chartering and creation of a local chapter

ART. 241. CHARTERING AND CREATION OF A LOCAL CHAPTER

Privileged communication A duly registered federation or national union may directly create a local
chapter by issuing a charter certificate indicating the establishment of
ART. 239. PRIVILEGED COMMUNICATION. the local chapter. The chapter shall acquire legal personality only for
Information and statements made at conciliation proceedings shall be purposes of filing a petition for certification election from the date it was
treated as privileged communication and shall not be used as evidence issued a charter certificate.
in the Commission. Conciliators and similar officials shall not testify in The chapter shall be entitled to all other rights and privileges of a
any court or body regarding any matters taken up at conciliation legitimate labor organization only upon the submission of the following
proceedings conducted by them. documents in addition to its charter certificate:
(a) The names of the chapter’s officers, their addresses, and the
principal office of the chapter; and
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50 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

(b) The chapter’s constitution and by-laws: Provided, That where

the chapter’s constitution and by-laws are the same as that of
the federation or the national union, this fact shall be indicated
accordingly.
The additional supporting requirements shall be certified under oath
by the secretary or treasurer of the chapter and attested by its president.

Action on application

ART. 242. ACTION ON APPLICATION.

The Bureau shall act on all applications for registration within thirty (30)
days from filing.
All requisite documents and papers shall be certified under oath
by the secretary or the treasurer of the organization, as the case may
be, and attested to by its president.

Denial of registration

ART. 243. DENIAL OF REGISTRATION; APPEAL.

The decision of the Labor Relations Division in the regional office
denying registration may be appealed by the applicant union to the
Bureau within ten (10) days from receipt of notice thereof.

Additional requirements for federations or national unions

ART. 244. ADDITIONAL REQUIREMENTS FOR FEDERATIONS OR

NATIONAL UNIONS.
Subject to Article 238, if the applicant for registration is federation or a
national union, it shall, in addition to the requirements of the preceding
Articles, submit the following:
(a) Proof of the affiliation of at least ten (10) locals or chapters, each
of which must be a duly recognized collective bargaining agent
in the establishment or industry in which it operates, supporting
the registration of such applicant federation or national union;
and
(b) The names and addresses of the companies where the locals or
chapters operate and the list of all the members in each
company involved.

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51 Labor Relations Reviewer – Atty. A. E. Cacho (2021)

Other sources used:

1. Expositions on Labor Relations by Atty. A. E Cacho (2021)
2. The Labor Code with Comments and Cases Vol II by C. A. Azucena
(2016)
3. UST Golden Notes on Labor Law (2019)

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