Question & AnswerQ&A (EXECUTIVE ORDER NO. 185)
Executive Order No. 185 authorizes the Secretary of Labor and Employment to exercise administrative supervision over the NLRC, its regional branches, and all its personnel, including Executive Labor Arbiters and Labor Arbiters, to improve the disposition rate of pending cases and prevent graft and corruption.
Section 17, Article VII of the Philippine Constitution provides that the President shall have control of all executive departments, bureaus, and offices and ensure that laws are faithfully executed.
The Secretary of Labor is authorized to generally oversee NLRC operations, require submission of reports, conduct management audits, performance evaluations, inspections, investigate disciplinary matters, and take necessary actions to ensure proper official function and prevent corruption.
No, the Executive Order explicitly states that the Secretary of Labor's authority does not extend to reviewing, reversing, revising, or modifying the decisions of the NLRC in its quasi-judicial functions.
Within 30 days from the issuance of the Executive Order, the NLRC must submit a performance report/audit of the last five years, a detailed master plan to liquidate backlog cases within six months, a complete inventory of assets, a list of personnel with their positions, and other matters requested by the Secretary of Labor.
Measures include conducting management audits, performance evaluations, inspections for compliance with policies, and investigating disciplinary actions against NLRC personnel.
The Secretary of Labor is responsible for investigating disciplinary matters involving NLRC personnel, including Presidential appointees, in accordance with existing laws, rules, and regulations.
Section 16, Article III of the Constitution guarantees the right of all persons to a speedy disposition of their cases before all judicial, quasi-judicial, and administrative bodies.
After investigation, the Secretary of Labor can recommend penalties or refer the matter to appropriate agencies such as the Presidential Anti-Graft Commission, the Office of the Ombudsman, or other bodies for action.
The Executive Order takes effect immediately upon its publication in the Official Gazette or a newspaper of general circulation in the Philippines.