Law Summary
Historical Context of NLRC's Administrative Supervision
- The National Labor Relations Commission (NLRC) was created under Presidential Decree No. 442 (Labor Code of the Philippines) as part of the Department of Labor and Employment (DOLE).
- Initially, the Secretary of Labor exercised administrative supervision over the NLRC.
- Executive Order No. 292 (1987 Revised Administrative Code) attached the NLRC to DOLE for policy and administrative supervision.
- Republic Act No. 6715 (1989) amended this by limiting DOLE’s role to policy and program coordination; administrative supervision was transferred to the NLRC Chairman.
Constitutional Guarantee for Speedy Case Disposition
- Section 16, Article III of the Constitution ensures the right to a speedy disposition of cases before judicial, quasi-judicial, and administrative bodies.
Rationale for Reinstating Administrative Supervision by Secretary of Labor
- Evaluation of NLRC’s performance over five years showed delays in case disposition and issues such as graft and corruption.
- The Secretary of Labor recommended enhanced administrative supervision to expedite case resolution and institute reform measures for system and personnel improvement.
Authority Granted to Secretary of Labor (Section 1)
- Enables the Secretary to exercise administrative supervision over NLRC, including all regional and sub-regional branches and personnel (Executive Labor Arbiters and Labor Arbiters).
- Objectives:
- Improve disposition rates of pending cases.
- Prevent graft and corruption.
- Powers include:
- General oversight of NLRC operations to ensure expeditious case resolution.
- Require submission of reports deemed necessary.
- Conduct management audits, performance evaluations, and inspections.
- Rectify violations, abuses, and maladministration.
- Investigate disciplinary matters against NLRC personnel and Presidential appointees.
- Investigations culminate in reporting findings to the President with recommended penalties or referrals to appropriate agencies (PAGC, Ombudsman, etc.).
- Does not grant power to review or modify NLRC decisions in their quasi-judicial function.
Reporting Requirements for NLRC (Section 2)
- NLRC Chairman must submit to the Secretary of Labor within 30 days of this Order:
- Performance reports and audits for the past five years detailing pending and disposed cases.
- Detailed Master Plan with timelines to clear case backlog within six months.
- Complete asset inventory and personnel list including positions and stations.
- Other information as required by the Secretary.
Rulemaking Authority (Section 3)
- The Secretary of Labor, in consultation with the NLRC Chairman, is authorized to issue rules and regulations to implement this Order effectively.
Repealing Clause (Section 4)
- All prior executive issuances, rules, and regulations inconsistent with this Order are repealed, amended, or modified accordingly.
Effectivity (Section 5)
- The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.