Guidelines on Religious Instruction in Public Schools

Scope of rules amended

Rule III is amended by revising Sections 3, 4, and 5.
Rule V is supplemented by revising Sections 4, 8, 9 and 21.
Rule VI is supplemented by revising Section 9.
Rule VII is supplemented by revising Sections 7 and 14.
Rule XI is amended by revising Sections 1, 9, 18 and introducing Sections 19 and 20.
Rule XII is supplemented by revising Sections 2, 9 and 13.
Rule XIII is amended by revising Section 4.
New procedural rules in this Resolution govern NLRC cases before Labor Arbiters and before the Commission, including appeals and execution proceedings.

Pleadings, service, and proof

Rule III, Section 3 requires all pleadings connected with a case to be filed with the appropriate docketing unit of the Regional Arbitration Branch or the Commission, as the case may be.
Rule III, Section 3 provides that if pleadings are filed through registered mail or courier authorized by the Commission, the date of mailing is considered the date of filing.
Rule III, Section 3 requires the filing party to serve opposing parties with a copy of its supporting documents.
Rule III, Section 3 states that no pleading shall be considered without proof of service, except when filed simultaneously during a schedule set before the Labor Arbiter.
Rule III, Section 4(a) requires notices and copies of resolutions or orders to be served personally upon the parties by the bailiff or duly authorized public officer within three (3) days from receipt, or by registered mail or courier authorized by the Commission.
Rule III, Section 4(b) requires decisions and final awards to be served on both parties and their counsel or representative by personal service, registered mail, or courier authorized by the Commission, and counts the appeal period from receipt by counsel or representative of record.
Rule III, Section 4(b) provides that where parties are numerous, service made on counsel and on such number of complainants as may be practicable constitutes substantial compliance with Article 224(a) of the Labor Code, as amended.
Rule III, Section 4(c) requires the bailiff or officer to submit a return within two (2) days from the date of service, with required identifying information; if service is by mail/courier, the addressee name and date of receipt must be written in the return card or proof of service; if no service is effected, the reason must be stated.
Rule III, Section 5(a) states that the return is prima facie proof of facts indicated therein.
Rule III, Section 5(a) states that service by registered mail or courier authorized by the Commission is complete upon receipt by the addressee or agent.
Rule III, Section 5(a) provides that if the addressee fails to claim the mail within five (5) days from the date of first notice of the postmaster, service takes effect after such time.

Summons service and mandatory mediation

Rule V, Section 4(a) requires summons to be served personally upon parties by the bailiff or duly authorized public officer within three (3) days from receipt, or by registered mail or courier authorized by the Commission.
Rule V, Section 4(a) allows summons service in accordance with the pertinent provisions of the Rules of Court in special circumstances.
Rule V, Section 4(a) requires the bailiff or officer to submit a return within two (2) days from date of service, stating name of servicer, persons served, and date of receipt; the return must be attached to the records.
Rule V, Section 4(a) requires that for service by registered mail/courier, the addressee names and dates of receipt must be written in the return card or proof of service, and if no service was effected, the reason must be stated.
Rule V, Section 8(a) mandates a conciliation and mediation conference for these purposes: (1) amicable settlement by fair compromise; (2) determining the real parties in interest; (3) determining necessity of amending the complaint and including all causes of action; (4) defining and simplifying issues; (5) entering admissions or stipulations of facts; and (6) other preliminary matters.
Rule V, Section 8(a) requires the Labor Arbiter to personally preside, take full control of proceedings, and allows assistance by a Labor Arbitration Associate.
Rule V, Section 8(a) provides that in areas where there is no Labor Arbiter assigned, conciliation and mediation may be conducted by a Labor Arbitration Associate, or other NLRC personnel with sufficient training and knowledge on conciliation and mediation authorized by the Chairman or by a duly authorized Department of Labor and Employment personnel pursuant to a Memorandum of Agreement.
Rule V, Section 8(b) requires conciliation and mediation efforts to be exerted by the Labor Arbiters or authorized personnel throughout the mandatory conferences.
Rule V, Section 8(b) requires that any agreement entered into—partial or full settlement—be reduced into writing and signed by the parties and their counsel or parties’ authorized representatives.
Rule V, Section 8(c) requires the Labor Arbiter to approve the compromise agreement after explaining to the parties—particularly complainants—the terms, conditions, and consequences, and satisfying that the agreement was freely and voluntarily entered into and is not contrary to law, morals, and public policy.
Rule V, Section 8(d) provides that a compromise agreement duly entered into under this section is final and binding and has the force and effect of a judgment rendered by the Labor Arbiter.
Rule V, Section 8(e) requires termination of the mandatory conference within thirty (30) calendar days from the date of the first conference except for justifiable grounds.
Rule V, Section 8(f) prohibits motions for postponement except on meritorious grounds and when filed at least three (3) days before the scheduled hearing.
Rule V, Section 9(a) requires that if parties fail to agree during the mandatory conference, the Labor Arbiter (or authorized personnel) shall proceed with the other conference purposes under Section 8(a).

Finality, appeal effect, and certificate

Rule V, Section 21(a) provides that if no appeal is filed to the Regional Arbitration Branch of origin within the time provided under Article 223 of the Labor Code, as amended, and Section 1, Rule VI, the Labor Arbiter’s decision or order becomes final and executory after ten (10) calendar days from receipt by counsel or authorized representative, or by the parties if not assisted by counsel or representative.
Rule V, Section 21(b) requires the Labor Arbiter to issue a certificate of finality upon expiration of the paragraph (a) period.
Rule V, Section 21(b) provides that in the absence of return cards, certifications from the post office or courier authorized by the Commission, or other proofs of service, the Labor Arbiter may issue a certificate of finality after sixty (60) calendar days from date of mailing.
Rule VI, Section 9(a) provides that once an appeal is filed, the Labor Arbiter loses jurisdiction over the case, without prejudice to immediate reinstatement pending appeal under Section 3 of Rule XI.
Rule VI, Section 9(a) requires that after an appeal is filed, all pleadings and motions pertaining to the appealed case shall be addressed to and filed with the Commission.
Rule VII, Section 14(a) provides that decisions, resolutions, or orders of the Commission become final and executory after ten (10) calendar days from receipt by counsel or authorized representative, or by parties if not assisted by counsel or representative, except as provided in Section 9 of Rule X.
Rule VII, Section 14(b) requires entry of judgment in a book of entries of judgment upon expiration of the ten (10) calendar day period.
Rule VII, Section 14(b) provides that in the absence of return cards, certifications from the post office or courier authorized by the Commission, or other proofs of service, the Executive Clerk or Deputy Executive Clerk shall consider the decision/resolution/order final and executory after sixty (60) calendar days from date of mailing.

Commission inhibition and records

Rule VII, Section 7(a) prohibits entertaining any motion to inhibit the entire Division of the Commission.
Rule VII, Section 7(a) allows any Commissioner to inhibit himself/herself from consideration and resolution of any case or matter before the Division by stating in writing the legal or justifiable grounds.
Rule VII, Section 7(a) provides that when a member inhibits himself/herself, the case is raffled by the Executive Clerk or Deputy Executive Clerk to either of the two (2) remaining Commissioners.
Rule VII, Section 7(a) provides that if two (2) Commissioners in a Division inhibit themselves, the Chairman shall, as far as practicable, designate two (2) Commissioners from other Divisions representing the respective sector of the Commissioners who inhibited themselves.
Rule XIII, Section 4(a) assigns to the Executive Clerk and Deputy Executive Clerks custody and care of the Commission Seal and books necessary for recording proceedings, including records, files, and exhibits.
Rule XIII, Section 4(b) requires receipt and filing of cases, pleadings, and documents, including recording the date and time filed; it requires filings in three (3) legibly typewritten copies in legal size.
Rule XIII, Section 4(c) requires assignment of appealed cases for study or report strictly by raffle or as directed by the Chairman, and requires attendance of the duly designated representative of Members of the appropriate Division during raffle for study or report.
Rule XIII, Section 4(d) requires service of processes, notices of hearings, and copies of decisions, resolutions, or orders by registered mail, courier authorized by the Commission, or personal service, and requires immediate attachment of returns or proofs of delivery to records.
Rule XIII, Section 4(e) requires preparation of the Commission/Division calendars, personal attendance in sessions, and immediate preparation of minutes, with a minutes book.
Rule XIII, Section 4(f) requires the Executive Clerk to keep a general docket showing entries of original and appealed cases, with dates and hours of pleadings, orders, decisions, resolutions, and other steps or actions.
Rule XIII, Section 4(g) requires promulgation of decisions and final resolutions on the same date the same is filed with the office, with indication of date/time and signature; requires furnishing the Chairman with a copy with summary of nature and issue; requires a promulgation book showing date/time, case number, title, ponente, nature of decision/final resolution, and action by quoting the dispositive portion.
Rule XIII, Section 4(g) requires notices of decisions, resolutions, or orders to be sent in sealed envelopes to parties and counsel within forty-eight (48) hours from promulgation.
Rule XIII, Section 4(h) requires keeping a book of entries of judgment for final decisions, resolutions, and orders in chronological order.
Rule XIII, Section 4(i) requires remand of records upon entry of judgment to the Regional Arbitration Branch of origin, Regional Director, or authorized officer, and requires Records Unit posting without delay within two (2) working days.
Rule XIII, Section 4(j) requires submission of monthly accomplishment reports not later than the 7th day of the following month.
Rule XIII, Section 4(k) allows performance of other functions as directed by the Chairman or Commission en banc, and allows the Chairman to authorize personnel in the Division to perform functions stated in paragraph (g).

Execution, restitution, and debtor examination

Rule XI, Section 1(a) authorizes a writ of execution to be issued motu proprio or on motion upon a final and executory decision or order.
Rule XI, Section 1(b) allows a motion for execution before the Labor Arbiter when the latter has possession of case records or upon submission of certified true copies of the decisions/final order/s sought to be enforced, including notice of decision or order and entry of judgment, with copies furnished the adverse party—when an appeal has been duly perfected and finally resolved by the Commission.
Rule XI, Section 1(c) provides that where partial execution is allowed by law and subject to Section 19 of Rule V in relation to Section 9 of this Rule, the Labor Arbiter retains duplicate original copies of the decision to be implemented and proof of service for immediate enforcement.
Rule XI, Section 9(a) requires the Sheriff, upon issuance of a writ of execution, to immediately furnish the losing party a copy by registered mail or courier authorized by the Commission and enforce the monetary award in this order:
- (1) Cash bond
- (2) Bank deposits
- (3) Surety bond
- (4) If cash bond or surety bond is insufficient, levy on personal property; if insufficient, levy on real property of the losing party not exempt from execution, sufficient to cover the judgment award, which may be disposed of at public auction to the highest bidder.
- (5) If the losing party has no properties or insufficient properties and the bonding company refuses to comply, levy first on personal property; if insufficient, levy on real property of the bonding company, without prejudice to contempt proceedings against its president, officers, or authorized representatives.
Rule XI, Section 9(b) provides that presidents, responsible officers, or authorized representatives of a bonding company or bank who resist or cause non-compliance are cited for contempt or held liable for resistance and disobedience to a person in authority or the agents under the pertinent provision of the Revised Penal Code.
Rule XI, Section 9(b) extends the contempt/resistance and disobedience rule to unlawful resistances or refusals to comply with a break open order issued by the Labor Arbiter or Commission.
Rule XI, Section 9(b) authorizes the Labor Arbiter or Commission to issue an order directing the Sheriff to request assistance of law enforcement agencies to ensure compliance with writs, orders, or processes.
Rule XI, Section 9(b) bars any bonding company cited for contempt or for an offense under the Revised Penal Code from transacting business with the Commission.
Rule XI, Section 9(c) requires proceeds of execution to be deposited with the Cashier of the concerned Division or Regional Arbitration Branch, or with an authorized depository bank; checks must be payable to the Commission.
Rule XI, Section 9(d) provides that for monetary judgments in cases involving overseas Filipino workers, the manner of execution follows Republic Act No. 10022.
Rule XI, Section 9(e) provides for voluntary tender of payment: it must be done in the presence of the prevailing party before the Labor Arbiter or Commission that issued the writ, or if the prevailing party is absent, by immediately depositing cash or check with the Cashier of the NLRC or authorized depository bank, with release only upon order of the issuing Commission or Labor Arbiter; checks must be in the name of the Commission.
Rule XI, Section 18(a) requires that when a totally or partially executed judgment is reversed or annulled with finality by the Court of Appeals or the Supreme Court and restitution is ordered, the Labor Arbiter must issue, on motion, an order of restitution of the executed award, except reinstatement wages paid pending appeal.
Rule XI, Section 19 entitles the prevailing party, when the return of a writ of execution shows the judgment remains unsatisfied, to an order from the Labor Arbiter requiring the losing party to appear at a specified time and place for examination concerning property and income, and authorizes proceedings for application of such property and income to satisfy the judgment.
Rule XI, Section 20 allows compelling attendance of a party or other person by order or subpoena to testify; failure to obey, be sworn and subscribe, or answer as witness allows punishment for contempt as in other witness contempt cases under Section 2 of Rule IX.
Rule XI, Section 20 requires that examinations not be unduly prolonged and allows adjournment from time to time until completed.
Rule XI, Section 20 requires all examinations and answers before the Labor Arbiter to be under oath, and requires that if a corporation or other juridical entity answers, it must do so under oath by an authorized officer or agent.

Extraordinary remedies and effects of filing

Rule XII, Section 2(a) provides that a petition under this Rule may be entertained only if there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law.
Rule XII, Section 2(a) limits petitions to these grounds:
- (a) prima facie evidence of abuse of discretion by the Labor Arbiter
- (b) serious errors in findings of facts raised that would cause grave or irreparable damage or injury if not corrected
- (c) prevention from taking an appeal by fraud, accident, mistake, or excusable negligence
- (d) petitions made purely on questions of law
- (e) orders or resolutions that will cause injustice if not rectified
Rule XII, Section 9(a) provides that upon filing the petition, proceedings before the Labor Arbiter continue unless restrained.
Rule XII, Section 9(a) provides that in case of execution, execution proceedings under Rule XI are not suspended, but no money collected or credit garnished may be released and no properties levied upon may be sold by public auction within fifteen (15) calendar days from filing of the petition.
Rule XII, Section 9(a) provides that if no temporary restraining order or writ of preliminary injunction issues within the 15-day period, money collected or credit garnished shall be released and/or levied properties sold at public auction, with proceeds applied to satisfy the judgment.
Rule XII, Section 9(a) requires the Labor Arbiter to immediately inform in writing the Commission or the Division where the petition is pending of satisfaction of the judgment in execution proceedings; the Commission shall dismiss the petition for being moot if circumstances warrant.
Rule XII, Section 9(a) requires that records are not elevated to the Commission unless ordered; if ordered, execution continues pursuant to the first paragraph, with the Labor Arbiter retaining copies of relevant and necessary documents.
Rule XII, Section 13(a) requires that if the Commission finds the petition allegations true, it shall render judgment for the relief prayed for or to which petitioner is entitled and/or grant a final injunction perpetually enjoining the Labor Arbiter or any person acting under authority from the commission of the acts or confirming the preliminary injunction.
Rule XII, Section 13(a) allows dismissal of the petition if the Commission finds it patently without merit prosecuted manifestly for delay, where questions raised are too unsubstantial to require consideration, or where an appeal or other plain, speedy, and adequate remedy is available.

Signatories and formal adoption

The Resolution was signed by GERARDO C. NOGRALES, Chairman.
The Resolution was signed by RAUL T. AQUINO and other Presiding Commissioners listed, reflecting en banc adoption.
The Resolution was attested by ELENITA F. CRUZ, Executive Clerk of Court IV.