Question & AnswerQ&A (NLRC Resolution NO. 01-02, S. 2002, FEBRUARY 12, 2002)
The Rules shall be known as the Rules of Procedure of the National Labor Relations Commission.
These Rules shall be liberally construed to carry out the objectives of the Constitution, the Labor Code of the Philippines, and other relevant legislations, to assist parties in obtaining just, expeditious, and inexpensive settlement of labor disputes.
In the absence of any applicable provision in the NLRC Rules, the pertinent provisions of the Revised Rules of Court may be applied by analogy or in a suppletory character and effect, in the interest of expeditious labor justice.
'Regional Arbitration Branch' refers to any of the regional arbitration branches or sub-regional branches of the Commission.
Prohibited pleadings and motions include: Motion to Dismiss except on specified grounds; Motion for a Bill of Particulars; Motion for New Trial or Reconsideration of Judgment or Order of the Labor Arbiter; Petition for Relief from Judgment when filed with the labor arbiter; Petition for Certiorari, Mandamus or Prohibition; and Motion to Declare Respondent in Default.
Notices or summonses and copies of orders shall be served personally by a public officer within three days from receipt or by registered mail. In cases of decisions and final awards, copies shall be served on both parties and their counsel by registered mail. Service is deemed effected upon actual receipt when personally sought by a party or counsel.
Non-lawyers may appear only if they represent themselves; a legitimate labor organization or its members with proper certification; or are duly-accredited members of recognized legal aid offices by the DOJ or Integrated Bar of the Philippines.
Cases may be filed in the Regional Arbitration Branch having jurisdiction over the workplace of the complainant/petitioner, defined as the place where the employee is regularly assigned when the cause of action arose, including regular salary or work instruction locations.
Appeals must be filed within ten (10) calendar days from receipt of the decision for Labor Arbiter decisions, and within five (5) calendar days for Regional Director decisions. The last day is extended to the next working day if it falls on a weekend or holiday.
Appeals may be entertained on grounds including prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director.
The appeal must be filed within the reglementary period; verified by the appellant; accompanied by an appeal fee; posting of a cash or surety bond if monetary award is involved; a memorandum of appeal with grounds and arguments; date of receipt of the appealed decision; and a certificate of non-forum shopping with proof of service on the other party.
Once an appeal is perfected, the Labor Arbiter loses jurisdiction over the case; all subsequent motions and pleadings must be filed with the Commission.
The Chairman may designate special Sheriffs and impose administrative fines ranging from ₱1,500.00 to ₱10,000.00 to ensure compliance with orders of the Commission and Labor Arbiters.
A Temporary Restraining Order (TRO) is effective for no longer than twenty (20) days and becomes void after expiration unless extended or replaced by further orders.
Generally, no. Motions for Reconsideration are not allowed but if filed, treated as appeals if compliant with appeal requirements. Petitions for relief from judgment must be elevated to the Commission for disposition.
The case may be dismissed without prejudice due to the non-appearance of the complainant in two scheduled hearings.
A Labor Arbiter may inhibit himself voluntarily by stating legally justifiable grounds in writing. Also, upon a party's motion based on relationship within fourth civil degree or question of impartiality, the Arbiter may inhibit himself.
Non-compliance is considered illegal, authorizing the Commission to enforce compliance, including penalties on employment status, benefits, backwages, damages, and possible criminal prosecution.