Substitution of Parties in Case of Death (Rule V, Section 20)
- If a party dies during proceedings, the heirs may substitute the deceased party.
- Enforcement of favorable judgment in such cases follows Section 11, Rule XI of the Rules.
Direct Contempt (Rule IX, Section 1)
- Direct contempt includes acts committed near or in the presence of the NLRC Chairman, Commissioners, or Labor Arbiters that obstruct or interrupt proceedings.
- Examples:
- Use of intemperate language.
- Offensive acts towards officials.
- Refusal to be sworn or answer as witness.
- Refusal to subscribe affidavits or sign minutes without justifiable reason.
- Punishments:
- Fine up to Php500.00 and imprisonment not exceeding 5 days if against the Commission or members.
- Fine up to Php100.00 and imprisonment not exceeding 1 day if against a Labor Arbiter.
- Refusal to pay fines results in subsidiary imprisonment (1 day per Php100 fine).
- Procedure:
- Immediate issuance of Order of Contempt and Commitment Order where applicable.
- Deputization of security or police assistance for enforcement.
- Remedies:
- Appeal to the Commission within 5 calendar days with a Memorandum of Appeal and payment of Php500.00 appeal fee.
- Execution of judgment suspended upon posting a bond of Php500.00.
- Commission decisions on direct contempt are immediately executory and unappealable.
Indirect Contempt (Rule IX, Section 2)
- Indirect contempt refers to misconduct not in direct presence of officials but which impedes justice.
- Examples:
- Misbehavior of NLRC officers or employees.
- Disobedience or resistance to lawful orders, writs, or decisions.
- Unlawful interference with processes or proceedings.
- Unauthorized assumption of attorney or representative status.
- Failure to obey subpoenas.
- Use of derogatory or malicious statements in pleadings.
- Baseless public statements undermining the administration of justice.
- Initiation of Proceedings:
- Motu proprio or motion of a party by the Commission or Labor Arbiter.
- Verified petition if not initiated directly.
- Respondent may file verified answer/comment within 10 calendar days.
- Resolution period: 15 calendar days from receipt of answer/comment.
- Punishments:
- Fine of Php1,000 per act if against Commission or members.
- Fine of Php500 per act if against Labor Arbiter.
- Additional liability for damages where contempt involves violation of injunctions or omission of acts.
- Fine imposed per each act in case of continued defiance.
- Enforcement:
- A writ of execution may be issued to enforce fines and damages.
- Remedies:
- Appeal to the Commission within 5 calendar days via Memorandum of Appeal and payment of Php500 appeal fee.
- Execution of order not suspended unless a cash bond equivalent to the fine is posted.
- Collected fines deposited in a Trust Fund.
Piercing the Corporate Veil (Rule XI, Sections 21 and 22)
- A prevailing party may file a verified motion during execution proceedings to pierce corporate fiction when:
- Corporate structure is used to evade judgment payment.
- Corporation is alter ego, conduit, or instrumentality of judgment debtor.
- Properties transferred to an individual to evade judgment.
- Motion must state grounds and be served upon all parties and corporation sought to be pierced.
- Procedure:
- Comments/oppositions must be filed within 5 calendar days.
- Hearing held within 5 calendar days after receipt of comments or lapse of filing period.
- Resolution of motion within 20 days after last hearing.
- If found proper, NLRC issues writ of execution against pierced corporation or individual for satisfaction of judgment.
Formal Attestation
- The resolution was signed by all Commissioners, including the Chairman, and attested by the Acting Executive Clerk of Court.