Question & AnswerQ&A (NLRC En Banc Resolution No. 02-15)
The authority is based on Article 218 (a) of the Labor Code, as amended, which empowers the NLRC to adopt and promulgate its rules of procedure.
Motions that are prohibited include motion to dismiss except on specific grounds like lack of jurisdiction or forum shopping, motion for bill of particulars, motion for new trial, petition for relief from judgment, motion to declare respondent in default, motion for reconsideration, motion to quash or lift garnishment if a petition under Rule XII has been filed, appeals from interlocutory orders or orders in execution proceedings, and other similar pleadings intended to circumvent the rules.
A motion to dismiss may be allowed only on grounds of lack of jurisdiction over the subject matter, improper venue, res judicata, prescription, and forum shopping.
No, appeals from interlocutory orders such as denial of motion to dismiss, denial of motion to inhibit, denial of issuance of writ of execution, or denial of motion to quash writ of execution are not allowed.
The Executive Clerk must promulgate decisions and final resolutions on the day they are filed, indicate the date and time of promulgation with signature, furnish the Chairman a copy with a summary, keep a promulgation book with detailed information, certify copies as true, sign notices, and send notices in sealed envelopes within 48 hours of promulgation.
Notices must be sent within forty-eight (48) hours from promulgation.
The book includes the date and time of promulgation, case number, title of the case, ponente, nature of the decision or resolution, and the Commission's action quoting the dispositive portion.
Motions to quash and/or lift garnishment are prohibited if a petition has already been filed under Rule XII.
No, motions for reconsideration of any decision or order of the Labor Arbiter are not allowed to be elevated to the Commission.
Appeals from the issuance of a certificate of finality of decision by the Labor Arbiter are prohibited, signifying the decision has become final and executory.