128 (b) 129 217

Nature of the Proceeding

Exercise of VISITORIAL &
ENFORCEMENT powers
Exercise of ADJUDICATORY
powers over MONEY CLAIMS
Exercise of QUASI-JUDICIAL
power to HEAR & DECIDE
MONEY CLAIMS
By who?
DOLE Secretary or his duly
authorized representatives
DOLE Regional Directors or
any of the duly authorized
HEARING OFFICERS of DOLE
LABOR ARBITER of the NLRC
Subject Matter
Applies to INSPECTION
CASES involving violations
of the labor standards
and labor legislation
REGARDLESS od the
amount of the monetary
claim involved;
Not limited to monetary
claims
Monetary claims NOT
EXCEEDING P5000.00
Monetary claims EXCEEDING
P5000.00
Accompanying claim for
reinstatement?
! ! "
Party initiating action
Generally, DOLE motu
proptio. (arises out of routine
inspection by DOLE with or
without complaint initiated
by interested party)
Complainant (interested
party for recovery of wages,
simple money claims and
other benefits)
Complainant
Existence of ER-EE Rel.
STILL EXISTS NO LONGER EXISTS Irrespective of w/n
relationship still exists so long
as claim arose out of such
relationship
Appealable? YES
Period to appeal
10 days from receipt of order 5 days from receipt of
decision or resolution
10 days from receipt of
decision, award, or order of
Labor Arbiter
Filing of bond to perfect
appeal
Required if order subject of
appeal involves monetary
award
Not required Not required

Grounds for Appeal
a. There is a prima facie
evidence of abuse of
discretion on the part of
the Regional Director;
b. The Order was secured
through fraud, coercion or
graft and corruption;
c. The appeal is made
purely on questions of
law; or
d. Serious errors in the
findings of fact were
committed which, if not
corrected, would cause
grave or irreparable
damage or injury to the
appellant.
Under Article 223, the following are the grounds for appeal:
a. If there is a prima facie evidence of abuse of
discretion on the part of the Labor Arbiter;
b. If the decision, order or award was secured through
fraud or coercion, including graft and corruption;
c. If made purely on questions of law; and/or
d. If serious errors in the findings of fact are raised which,
if not corrected, would cause grave or irreparable
damage or injury to the appellant.
Period to decide appeal
Not provided for 129: 10 days from filing of last
pleading
223: 20 days
20 days (Art. 223)
Finality of decision 10 days from receipt of order 10 days from receipt of order by the parties (Art. 223)