THE 2011 NLRC RULES OF PROCEDURE

Pursuant to the provisions of Article 218 of

Presidential Decree No. 442, as amended, otherwise
known as the Laor !ode of the Philippines, the
followin" #evised #ules of Procedure "overnin"
aritration proceedin"s efore the Laor Ariters and
the !ommission are here$ adopted and
promul"ated%
RULE I
TITLE AND CONSTRUCTION
&'!()*N 1. ()(L' *+ (,' #-L'&. . (hese #ules
shall e known as the /2011 NL#! #ules of
Procedure.1 21a3
&'!()*N 2. !*N&(#-!()*N. . (hese #ules shall e
lierall$ construed to carr$ out the o4ectives of the
!onstitution, the Laor !ode of the Philippines and
other relevant le"islations, and to assist the parties
in otainin" 4ust, e5peditious and ine5pensive
resolution and settlement of laor disputes.
&'!()*N 6. &-PPL'(*#7 APPL)!A()*N *+ (,'
#-L'& *+ !*-#(. . )n the asence of an$ applicale
provision in these #ules, and in order to effectuate
the o4ectives of the Laor !ode, the pertinent
provisions of the #ules of !ourt of the Philippines
ma$, in the interest of e5peditious dispensation of
laor 4ustice and whenever practicale and
convenient, e applied $ analo"$ or in a suppletor$
character and effect.
RULE II
DEFINITION OF TERMS
&'!()*N 1. D'+)N)()*N&. . (he terms and phrases
defined in Article 212 of the Laor !ode, as
amended, shall e "iven the same meanin"s when
used herein. As used herein, 8#e"ional Aritration
9ranch8 shall mean an$ of the re"ional aritration
ranches or su. re"ional ranches of the
!ommission.
RULE III
PLEADINGS, NOTICES AND APPEARANCES
&'!()*N 1. !*:PLA)N(. . a3 A complaint or petition
is a pleadin" alle"in" the cause or causes of action of
the complainant or petitioner. (he names and
addresses of all complainants or petitioners and
respondents must e stated in the complaint or
petition. )t shall e si"ned under oath $ the
complainant or petitioner, with a declaration of non.
forum shoppin".
3 A part$ havin" more than one cause of action
a"ainst the other part$, arisin" out of the same
relationship, shall include all of them in one
complaint or petition. 21a3
&'!()*N 2. !AP()*N AND ()(L'. . )n all cases filed
with the !ommission or with an$ of its #e"ional
Aritration 9ranches, the part$ initiatin" the action
shall e called the 8!omplainant8 or 8Petitioner8, and
the opposin" part$ the 8#espondent8.
(he full names of all the real parties in interest,
whether natural or 4uridical persons or entities
authori;ed $ law, shall e stated in the caption of
the complaint or petition, as well as in the decisions,
resolutions or orders of the Laor Ariter or the
!ommission.
&'!()*N 6. +)L)N< AND &'#=)!' *+ PL'AD)N<&. .
All pleadin"s in connection with a case shall e filed
with the appropriate docketin" unit of the #e"ional
Aritration 9ranch or the !ommission, as the case
ma$ e.
(he part$ filin" a pleadin" shall serve the opposin"
parties with a cop$ and its supportin" documents. No
pleadin" shall e considered without proof of service
to the opposin" parties e5cept if filed simultaneousl$
durin" a schedule set efore the Laor Ariter. 2>a3
&'!()*N 4. &'#=)!' *+ N*()!'&, #'&*L-()*N&,
*#D'#& AND D'!)&)*N&. . a3 Notices and copies of
resolutions or orders, shall e served personall$
upon the parties $ the ailiff or dul$ authori;ed
pulic officer within three 263 da$s from his?her
receipt thereof or $ re"istered mail or $ private
courier@
3 )n case of decisions and final awards, copies
thereof shall e served on oth parties and their
counsel or representative $ re"istered mail or $
private courier@ Provided that, in cases where a part$
to a case or his?her counsel on record personall$
seeks service of the decision upon inAuir$ thereon,
service to said part$ shall e deemed effected as
herein provided. Bhere parties are numerous,
service shall e made on counsel and upon such
numer of complainants, as ma$ e practicale and
shall e considered sustantial compliance with
Article 224 2a3 of the Laor !ode, as amended.
+or purposes of appeal, the period shall e counted
from receipt of such decisions, resolutions, or orders
$ the counsel or representative of record.
c3 (he ailiff or officer servin" the notice, order, or
resolution shall sumit his?her return within two 223
da$s from date of service thereof, statin" le"il$ in
his?her return his?her name, the names of the
persons served and the date of receipt, which return
shall e immediatel$ attached and shall form part of
the records of the case. )n case of service $
re"istered mail or $ private courier, the name of the
addressee and the date of receipt of the notice,
order or resolution shall e written in the return card
or in the proof of service issued $ the private
courier. )f no service was effected, the reason thereof
shall e so stated. 2Ca3
&'!()*N >. P#**+ AND !*:PL'('N'&& *+
&'#=)!'. . (he return is prima facie proof of the
facts indicated therein. &ervice $ re"istered mail or
$ private courier is complete upon receipt $ the
addressee or his?her a"ent. )f the addressee fails to
claim his?her mail from the post office within five 2>3
da$s from the date of first notice of the postmaster,
service shall take effect after such time. 2Da3
&'!()*N C. APP'A#AN!'&. . a3 A law$er appearin"
for a part$ is presumed to e properl$ authori;ed for
that purpose. )n ever$ case, he?she shall indicate in
his?her pleadin"s and motions his?her Attorne$Es #oll
Numer, as well as his?her P(# and )9P numers for
the current $ear and :!L' compliance.
3 A non. law$er ma$ appear in an$ of the
proceedin"s efore the Laor Ariter or !ommission
onl$ under the followin" conditions%
213 he?she represents himself?herself as part$ to the
case@
223 he?she represents a le"itimate laor
or"ani;ation, as defined under Article 212 and 242 of
the Laor !ode, as amended, which is a part$ to the
case% Provided, that he?she presents to the
!ommission or Laor Ariter durin" the mandator$
conference or initial hearin"% 2i3 a certification from
the 9ureau of Laor #elations 29L#3 or #e"ional
*ffice of the Department of Laor and 'mplo$ment
attestin" that the or"ani;ation he?she represents is
dul$ re"istered and listed in the roster of le"itimate
laor or"ani;ations@ 2ii3 a verified certification issued
$ the secretar$ and attested to $ the president of
1
the said or"ani;ation statin" that he?she is
authori;ed to represent the said or"ani;ation in the
said case@ and 2iii3 a cop$ of the resolution of the
oard of directors of the said or"ani;ation "rantin"
him such authorit$@
263he?she represents a memer or memers of a
le"itimate laor or"ani;ation that is e5istin" within
the emplo$erEs estalishment, who are parties to the
case% Provided, that he?she presents% 2i3 a verified
certification attestin" that he?she is authori;ed $
such memer or memers to represent them in the
case@ and 2ii3 a verified certification issued $ the
secretar$ and attested to $ the president of the said
or"ani;ation statin" that the person or persons
he?she is representin" are memers of their
or"ani;ation which is e5istin" in the emplo$erEs
estalishment@
243 he?she is a dul$. accredited memer of an$ le"al
aid office reco"ni;ed $ the Department of Fustice or
)nte"rated 9ar of the Philippines% Provided, that
he?she 2i3 presents proof of his?her accreditation@
and 2ii3 represents a part$ to the case@
2>3 he?she is the owner or president of a corporation
or estalishment which is a part$ to the case%
Provided, that he?she presents% 2i3 a verified
certification attestin" that he?she is authori;ed to
represent said corporation or estalishment@ and 2ii3
a cop$ of the resolution of the oard of directors of
said corporation, or other similar resolution or
instrument issued $ said estalishment, "rantin"
him?her such authorit$.
c3 Appearances of a non. law$er in contravention of
this section shall not e reco"ni;ed in an$
proceedin"s efore the Laor Ariter or the
!ommission.
d3 Appearances ma$ e made orall$ or in writin". )n
oth cases, the complete name and office address of
counsel or authori;ed representative shall e made
of record and the adverse part$ or his counsel or
authori;ed representative properl$ notified.
e3 )n case of chan"e of address, the counsel or
representative shall file a notice of such chan"e,
cop$ furnished the adverse part$ and counsel or
representative, if an$.
f3 An$ chan"e or withdrawal of counsel or authori;ed
representative shall e made in accordance with the
#ules of !ourt. 28a3
&'!()*N D. A-(,*#)(7 (* 9)ND PA#(7. . !ounsel
or other authori;ed representatives of parties shall
have authorit$ to ind their clients in all matters of
procedure@ ut the$ cannot, without a special power
of attorne$ or e5press consent, enter into a
compromise a"reement with the opposin" part$ in
full or partial dischar"e of a clientGs claim. 2Ha3
RULE IV
VENUE, ASSIGNMENT AND DISPOSITION OF
CASES AT THE REGIONAL ARBITRATION
BRANCH
&'!()*N 1. ='N-'. . a3 All cases which Laor
Ariters have authorit$ to hear and decide ma$ e
filed in the #e"ional Aritration 9ranch havin"
4urisdiction over the workplace of the complainant or
petitioner.
+or purposes of venue, the workplace shall e
understood as the place or localit$ where the
emplo$ee is re"ularl$ assi"ned at the time the cause
of action arose. )t shall include the place where the
emplo$ee is supposed to report ack after a
temporar$ detail, assi"nment, or travel. )n case of
field emplo$ees, as well as amulant or itinerant
workers, their workplace is where the$ are re"ularl$
assi"ned, or where the$ are supposed to re"ularl$
receive their salaries and wa"es or work instructions
from, and report the results of their assi"nment to,
their emplo$ers.
3 Bhere two 223 or more #e"ional Aritration
9ranches have 4urisdiction over the workplace of the
complainant or petitioner, the 9ranch that first
acAuired 4urisdiction over the case shall e5clude the
others.
c3 Bhen venue is not o4ected to efore the fillin" of
position papers such issue shall e deemed waived.
d3 (he venue of an action ma$ e chan"ed or
transferred to a different #e"ional Aritration 9ranch
other than where the complaint was filed $ written
a"reement of the parties or when the !ommission or
Laor Ariter efore whom the case is pendin" so
orders, upon motion $ the proper part$ in
meritorious cases.
e3 !ases involvin" overseas +ilipino workers ma$ e
filed efore the #e"ional Aritration 9ranch havin"
4urisdiction over the place where the complainant
resides or where the principal office of an$ of the
respondents is situated, at the option of the
complainant.
&'!()*N 2. #A++L' AND A&&)<N:'N( *+ !A&'&. .
a3 All complaints and petitions filed with the docket
unit of the #e"ional Aritration 9ranch shall e
immediatel$ raffled and assi"ned to a Laor Ariter
from receipt thereof.
3 (he '5ecutive Laor Ariter shall e responsile
for the immediate raffle and assi"nment of all
complaints and petitions filed with his?her #e"ional
Aritration 9ranch, and the immediate forwardin" of
all suseAuent pleadin"s and motions.
c3 All pleadin"s and motions suseAuent to the filin"
of the complaint shall e forwarded to the Laor
Ariter efore whom the case is pendin" within
twent$. four 2243 hours from receipt thereof.
&'!()*N 6. !*N&*L)DA()*N *+ !A&'& AND
!*:PLA)N(&. . Bhere there are two or more cases
or complaints pendin" efore different Laor Ariters
in the same #e"ional Aritration 9ranch involvin" the
same emplo$er and common principal causes of
action, or the same parties with different causes of
action, the suseAuent cases or complaints shall e
consolidated with the first to avoid unnecessar$ costs
or dela$. &uch consolidated cases or complaints shall
e disposed of $ the Laor Ariter to whom the first
case was assi"ned.
)n case of o4ection to the consolidation, the same
shall e resolved $ the '5ecutive Laor Ariter. An
order resolvin" a motion or o4ection to consolidation
shall e inappealale.
&'!()*N 4. D)&P*&)()*N *+ !A&'&. . &u4ect to
the provisions of Article 2C6 2"3 of the Laor !ode,
as amended, when a case is assi"ned to a Laor
Ariter, the entire case and an$ or all incidents
thereto shall e considered assi"ned to him?her@ and
the same shall e disposed of in the same
proceedin"s to avoid multiplicit$ of suits or
proceedin"s.
Bhen the &ecretar$ of Laor and 'mplo$ment has
assumed 4urisdiction over a strike or lockout or
certified the same to the !ommission, the parties to
such dispute shall immediatel$ inform the &ecretar$
or the !ommission, as the case ma$ e, of all cases
directl$ related to the dispute etween them pendin"
efore an$ #e"ional Aritration 9ranch, and the
Laor Ariters handlin" the same of such assumption
2
or certification. (he Laor Ariter concerned shall
forward within two 223 da$s from notice the entire
records of the case to the !ommission or to the
&ecretar$ of Laor, as the case ma$ e, for proper
disposition.
RULE V
PROCEEDINGS BEFORE LABOR ARBITERS
&'!()*N 1. F-#)&D)!()*N *+ LA9*# A#9)('#&. .
Laor Ariters shall have ori"inal and e5clusive
4urisdiction to hear and decide the followin" cases
involvin" all workers, whether a"ricultural or non.
a"ricultural%
a3 -nfair laor practice cases@
3 (ermination disputes@
c3 )f accompanied with a claim for reinstatement,
those cases that workers ma$ file involvin" wa"es,
rates of pa$, hours of work and other terms and
conditions of emplo$ment@
d3 !laims for actual, moral, e5emplar$ and other
forms of dama"es arisin" from emplo$er. emplo$ee
relations@
e3 !ases arisin" from an$ violation of Article 2C4 of
the Laor !ode, as amended, includin" Auestions
involvin" the le"alit$ of strikes and lockouts@
f3'5cept claims for emplo$ees compensation not
included in the ne5t succeedin" para"raph, social
securit$, medicare, and maternit$ enefits, all other
claims arisin" from emplo$er. emplo$ee relations,
includin" those of persons in domestic or household
service, involvin" an amount e5ceedin" +ive
(housand Pesos 2P>,000.003, whether or not
accompanied with a claim for reinstatement@
"3 Ba"e distortion disputes in unor"ani;ed
estalishments not voluntaril$ settled $ the parties
pursuant to #epulic Act No. CD2D@
h3 'nforcement of compromise a"reements when
there is non. compliance $ an$ of the parties
pursuant to Article 22D of the Laor !ode, as
amended@
i3 :one$ claims arisin" out of emplo$er. emplo$ee
relationship or $ virtue of an$ law or contract,
involvin" +ilipino workers for overseas deplo$ment,
includin" claims for actual, moral, e5emplar$ and
other forms of dama"es as provided $ &ection 10 of
#A 8042, as amended $ #A 10022@ and
43 *ther cases as ma$ e provided $ law.
!ases arisin" from the interpretation or
implementation of collective ar"ainin" a"reements
and those arisin" from the interpretation or
enforcement of compan$ personnel policies shall e
disposed of $ the Laor Ariter $ referrin" the
same to the "rievance machiner$ and voluntar$
aritration, as ma$ e provided in said a"reements.
21a3
&'!()*N 2. NA(-#' *+ P#*!''D)N<&. . (he
proceedin"s efore the Laor Ariter shall e non.
liti"ious in nature. &u4ect to the reAuirements of
due process, the technicalities of law and procedure
and the rules otainin" in the courts of law shall not
strictl$ appl$ thereto. (he Laor Ariter ma$ avail
himself?herself of all reasonale means to ascertain
the facts of the controvers$ speedil$, includin" ocular
inspection and e5amination of well. informed
persons.
&'!()*N 6. )&&-AN!' *+ &-::*N&. . Bithin two
223 da$s from receipt of a complaint or amended
complaint, the Laor Ariter shall issue the reAuired
summons, attachin" thereto a cop$ of the complaint
or amended complaint and its anne5es, if an$. (he
summons shall specif$ the date, time and place of
the mandator$ conciliation and mediation conference
in two 223 settin"s. 26a, #)))3
&'!()*N 4. &'#=)!' *+ &-::*N&. I &ummons
shall e served personall$ upon the parties $ the
ailiff or a dul$ authori;ed pulic officer within three
263 da$s from his?her receipt thereof, or $
re"istered mail, or $ private courier authori;ed $
the !ommission@ Provided that in special
circumstances, service of summons ma$ e effected
in accordance with the pertinent provisions of the
#ules of !ourt.
(he ailiff or officer servin" the summons shall
sumit his?her return within two
223 da$s from date of service thereof, statin" le"il$
in his?her return his?her name, the names of the
persons served and the date of receipt, which return
shall e immediatel$ attached to the records and
shall e part thereof. )f no service was effected, the
reason thereof shall e stated in the return.
)n case of service $ re"istered mail or $ private
courier, the names of the addressees and the dates
of receipt of the summons shall e written in the
return card or in the proof of service issued $ the
private courier. )f no service was effected, the reason
thereof shall e so stated. 2n3
&'!()*N >. P#*,)9)('D PL'AD)N<& AND
:*()*N&. . (he followin" pleadin"s and motions
shall not e allowed and acted upon nor elevated to
the !ommission%
a3 :otion to dismiss the complaint e5cept on the
"round of lack of 4urisdiction over the su4ect matter,
improper venue, res 4udicata, prescription and forum
shoppin"@
3 :otion for a ill of particulars@
c3 :otion for new trial@
d3 Petition for #elief from Fud"ment
e3 :otion to declare respondent in default@
f3 :otion for reconsideration of an$ decision or an$
order of the Laor Ariter@
"3 Appeal from an$ interlocutor$ order of the Laor
Ariter, such as ut not limited to, an order%
213 den$in" a motion to dismiss@
223 den$in" a motion to inhiit@
263 den$in" a motion for issuance of writ of
e5ecution@ or
243 den$in" a motion to Auash writ of e5ecution.
h3 Appeal from the issuance of a certificate of finalit$
of decision $ the Laor Ariter@
i3 Appeal from orders issued $ the Laor Ariter in
the course of e5ecution proceedin"s.
43 &uch other pleadin"s, motions and petitions of
similar nature intended to circumvent aove
provisions. 2>a, #)))3
&'!()*N C. :*()*N (* D)&:)&&. . 9efore the date
set for the mandator$ conciliation and mediation
conference, the respondent ma$ file a motion to
dismiss on "rounds provided under &ection >,
3
para"raph 2a3 hereof. &uch motion shall e
immediatel$ resolved $ the Laor Ariter throu"h a
written order. An order den$in" the motion to
dismiss, or suspendin" its resolution until the final
determination of the case, is not appealale. 2Ca3
&'!()*N D. '++'!( *+ +A)L-#' (* +)L'. . No
motion to dismiss shall e allowed or entertained
after the lapse of the period provided in &ection C
hereof. 2n3
&'!()*N 8. :ANDA(*#7 !*N!)L)A()*N AND
:'D)A()*N !*N+'#'N!'. I
a3 (he mandator$ conciliation and mediation
conference shall e called for the purpose of 213
amical$ settlin" the case upon a fair compromise@
223 determinin" the real parties in interest@ 263
determinin" the necessit$ of amendin" the complaint
and includin" all causes of action@ 243 definin" and
simplif$in" the issues in the case@ 2>3 enterin" into
admissions or stipulations of facts@ and 2C3 threshin"
out all other preliminar$ matters. (he Laor Ariter
shall personall$ preside over and take full control of
the proceedin"s and ma$ e assisted $ the Laor
Aritration Associate in the conduct thereof.
3 !onciliation and mediation efforts shall e e5erted
$ the Laor Ariters all throu"hout the mandator$
conferences. An$ a"reement entered into $ the
parties whether in partial or full settlement of the
dispute shall e reduced into writin" and si"ned $
the parties and their counsel or the partiesE
authori;ed representatives, if an$.
c3 )n an$ case, the compromise a"reement shall e
approved $ the Laor Ariter, if after e5plainin" to
the parties, particularl$ to the complainants, the
terms, conditions and conseAuences thereof, he?she
is satisfied that the$ understand the a"reement, that
the same was entered into freel$ and voluntaril$ $
them, and that it is not contrar$ to law, morals, and
pulic polic$.
d3 A compromise a"reement dul$ entered into in
accordance with this &ection shall e final and
indin" upon the parties and shall have the force and
effect of a 4ud"ment rendered $ the Laor Ariter.
e3 (he mandator$ conciliation and mediation
conference shall, e5cept for 4ustifiale "rounds, e
terminated within thirt$ 2603 calendar da$s from the
date of the first conference.
f3 No motion for postponement shall e entertained
e5cept on meritorious "rounds and when filed at
least three 263 da$s efore the scheduled hearin".
26a3
&'!()*N H. '++'!( *+ +A)L-#' *+ &'((L':'N(. I
)f the parties fail to a"ree on an amicale
settlement, either in whole or in part, durin" the
mandator$ conciliation and mediation conference,
the Laor Ariter shall proceed to the other purposes
of the said conference as enumerated in &ection 82a3
hereof. 24a3
&'!()*N 10. N*N. APP'A#AN!' *+ PA#()'&. . (he
non. appearance of the complainant or petitioner
durin" the two 223 settin"s for mandator$
conciliation and mediation conference scheduled in
the summons, despite due notice thereof, shall e a
"round for the dismissal of the case without
pre4udice.
)n case of non. appearance $ the respondent durin"
the first scheduled conference, the second
conference as scheduled in the summons shall
proceed. )f the respondent still fails to appear at the
second conference despite ein" dul$ served with
summons, he?she shall e considered to have waived
his?her ri"ht to file position paper. (he Laor Ariter
shall immediatel$ terminate the mandator$
conciliation and mediation conference and direct the
complainant or petitioner to file a verified position
paper and sumit evidence in support of his?her
causes of action and thereupon render his?her
decision on the asis of the evidence on record. 2>a3
&'!()*N 11. &-9:)&&)*N *+ P*&)()*N PAP'# AND
#'PL7. . a3 &u4ect to &ections H and 10 of this #ule,
the Laor Ariter shall direct the parties to sumit
simultaneousl$ their verified position papers with
supportin" documents and affidavits, if an$, on a
date set $ him?her within ten 2103 calendar da$s
from the date of termination of the mandator$
conciliation and mediation conference.
3 No amendment of the complaint or petition shall
e allowed after the filin" of position papers, unless
with leave of the Laor Ariter.
c3 (he position papers of the parties shall cover onl$
those claims and causes of action stated in the
complaint or amended complaint, accompanied $ all
supportin" documents, includin" the affidavits of
witnesses, which shall take the place of their direct
testimon$, e5cludin" those that ma$ have een
amical$ settled.
d3 Bithin ten 2103 da$s from receipt of the position
paper of the adverse part$, a repl$ ma$ e filed on a
date a"reed upon and durin" a schedule set efore
the Laor Ariter. (he repl$ shall not alle"e and?or
prove facts and an$ cause or causes of action not
referred to or included in the ori"inal or amended
complaint or petition or raised in the position paper.
2Da3
&'!()*N 12. D'('#:)NA()*N *+ N'!'&&)(7 *+
,'A#)N< *# !LA#)+)!A(*#7 !*N+'#'N!'. .
)mmediatel$ after the sumission $ the parties of
their position paper or repl$, as the case ma$ e, the
Laor Ariter shall, motu proprio, determine whether
there is a need for a hearin" or clarificator$
conference. At this sta"e, he?she ma$, at his?her
discretion and for the purpose of makin" such
determination, ask clarificator$ Auestions to further
elicit facts or information, includin" ut not limited to
the supoena of relevant documentar$ evidence, if
an$, from an$ part$ or witness. 28a3
&'!()*N 16. #*L' *+ (,' LA9*# A#9)('# )N
,'A#)N< AND !LA#)+)!A(*#7 !*N+'#'N!'. . a3
(he Laor Ariter shall take full control and
personall$ conduct the hearin" or clarificator$
conference and ma$ ask Auestions for the purpose of
clarif$in" points of law or facts involved in the case.
(he Laor Ariter ma$ allow the presentation of
testimonial evidence with ri"ht of cross. e5amination
$ the opposin" part$ and shall limit the
presentation of evidence to matters relevant to the
issue efore him?her and necessar$ for a 4ust and
speed$ disposition of the case.
3 (he Laor Ariter shall make a written summar$
of the proceedin"s, includin" the sustance of the
evidence presented, in consultation with the parties.
(he written summar$ shall e si"ned $ the parties
and shall form part of the records. 2Ha3
&'!()*N 14. N*N. APP'A#AN!' *+ PA#()'&, AND
P*&(P*N':'N( *+ ,'A#)N<& AND !LA#)+)!A(*#7
!*N+'#'N!'&.
a3 (he parties and their counsels appearin" efore
the Laor Ariter shall e prepared for continuous
hearin" or clarificator$ conference. No postponement
or continuance shall e allowed $ the Laor Ariter,
e5cept upon meritorious "rounds and su4ect to the
reAuirement of e5peditious disposition of cases. (he
hearin" or clarificator$ conference shall e
4
terminated within thirt$ 2603 calendar da$s from the
date of the initial clarificator$ conference.
3 )n case of non. appearance of an$ of the parties
durin" the hearin" or clarificator$ conference despite
due notice, proceedin"s shall e conducted e5.
parte. (hereafter, the case shall e deemed
sumitted for decision.
c3 Para"raph 2a3 of this &ection notwithstandin", in
cases involvin" overseas +ilipino workers, the
a""re"ate period for conductin" the mandator$
conciliation and mediation conference, includin"
hearin" on the merits or clarificator$ conference,
shall not e5ceed si5t$ 2C03 da$s, which shall e
reckoned from the date of acAuisition of 4urisdiction
$ the Laor Ariter over the person of the
respondents. 210a3
&'!()*N 1>. &-9:)&&)*N *+ (,' !A&' +*#
D'!)&)*N. . -pon the sumission $ the parties of
their position papers or replies, or the lapse of the
period to sumit the same, the case shall e deemed
sumitted for decision unless the Laor Ariter calls
for a hearin" or clarificator$ conference in
accordance with &ection 12 and 142a3 of this #ule, in
which case, notice of hearin" or clarificator$
conference shall e immediatel$ sent to the parties.
-pon termination of the said hearin" or conference,
the case is deemed sumitted for decision. 211a3
&'!()*N 1C. )N,)9)()*N. . A Laor Ariter ma$
voluntaril$ inhiit himself?herself from the resolution
of a case and shall so state in writin" the le"al
4ustifications therefor. -pon motion of a part$, either
on the "round of relationship within the fourth civil
de"ree of consan"uinit$ or affinit$ with the adverse
part$ or counsel, or on Auestion of partialit$ or other
4ustifiale "rounds, the Laor Ariter ma$ inhiit
himself?herself from further hearin" and decidin" the
case. &uch motion shall e resolved within five 2>3
da$s from the filin" thereof. An order den$in" or
"rantin" a motion for inhiition is inappealale. 212a3
&'!()*N 1D. P'#)*D (* D'!)D' !A&'. . (he Laor
Ariter shall render his?her decision within thirt$ 2603
calendar da$s, without e5tension, after the
sumission of the case $ the parties for decision,
even in the asence of steno"raphic notes@ Provided
however, that cases involvin" overseas +ilipino
workers shall e decided within ninet$ 2H03 calendar
da$s after the filin" of the complaint. 216a3
&'!()*N 18. !*N('N(& *+ D'!)&)*N&. . (he
decisions and orders of the Laor Ariter shall e
clear and concise and shall include a rief statement
of the% a3 facts of the case@ 3 issues involved@ c3
applicale laws or rules@ d3 conclusions and the
reasons therefor@ and e3 specific remed$ or relief
"ranted. )n cases involvin" monetar$ awards, the
decisions or orders of the Laor Ariter shall contain
the amount awarded.
)n case the decision of the Laor Ariter includes an
order of reinstatement, it shall likewise contain% a3 a
statement that the reinstatement aspect is
immediatel$ e5ecutor$@ and 3 a directive for the
emplo$er to sumit a report of compliance within ten
2103 calendar da$s from receipt of the said decision.
214a3
&'!()*N 1H. +)NAL)(7 *+ (,' D'!)&)*N *# *#D'#
AND )&&-AN!' *+ !'#()+)!A(' *+ +)NAL)(7.
2a3 +inalit$ of the Decision or *rder of the Laor
Ariter. . )f no appeal is filed with the !ommission
within the time provided under Article 226 of the
Laor !ode, as amended, and &ection 1, #ule =) of
these #ules, the decision or order of the Laor
Ariter shall ecome final and e5ecutor$ after ten
2103 calendar da$s from receipt thereof $ the
counsel or authori;ed representative or the parties if
not assisted $ counsel or representative.
23 !ertificate of +inalit$. . -pon e5piration of the
period provided in para"raph 2a3 of this &ection, the
Laor Ariter shall issue a certificate of finalit$.
)n the asence of return cards, certifications from
the post office or courier or other proofs of service to
the parties, the Laor Ariter ma$ issue a certificate
of finalit$ after si5t$ 2C03 calendar da$s from date of
mailin". 2n3
&'!()*N 20. #'=)=AL AND #'. *P'N)N< *# #'.
+)L)N< *+ D)&:)&&'D !A&' and L)+()N< *+
BA)='#. . A part$ ma$ file a motion to revive or re.
open a case dismissed without pre4udice, within ten
2103 calendar da$s from receipt of notice of the order
dismissin" the same@ otherwise, the onl$ remed$
shall e to re. file the case. A part$ declared to have
waived his?her ri"ht to file position paper ma$, at
an$ time after notice thereof and efore the case is
sumitted for decision, file a motion under oath to
set aside the order of waiver upon proper showin"
that his?her failure to appear was due to 4ustifiale
and meritorious "rounds. 21Ca3
RULE VI
APPEALS
&'!()*N 1. P'#)*D& *+ APP'AL. . Decisions,
awards, or orders of the Laor Ariter shall e final
and e5ecutor$ unless appealed to the !ommission $
an$ or oth parties within ten 2103 calendar da$s
from receipt thereof@ and in case of decisions or
resolutions of the #e"ional Director of the
Department of Laor and 'mplo$ment pursuant to
Article 12H of the Laor !ode, within five 2>3
calendar da$s from receipt thereof. )f the 10th or >th
da$, as the case ma$ e, falls on a &aturda$, &unda$
or holida$, the last da$ to perfect the appeal shall e
the first workin" da$ followin" such &aturda$,
&unda$ or holida$.
No motion or reAuest for e5tension of the period
within which to perfect an appeal shall e allowed.
21a3
&'!()*N 2. <#*-ND&. . (he appeal ma$ e
entertained onl$ on an$ of the followin" "rounds%
a3 )f there is prima facie evidence of ause of
discretion on the part of the Laor Ariter or
#e"ional Director@
3 )f the decision, award or order was secured
throu"h fraud or coercion, includin" "raft and
corruption@
c3 )f made purel$ on Auestions of law@ and?or
d3 )f serious errors in the findin"s of facts are raised
which, if not corrected, would cause "rave or
irreparale dama"e or in4ur$ to the appellant. 22a3
&'!()*N 6. B,'#' +)L'D. . (he appeal shall e
filed with the #e"ional Aritration 9ranch or #e"ional
*ffice where the case was heard and decided.
&'!()*N 4. #'J-)&)('& +*# P'#+'!()*N *+
APP'AL. . a3 (he appeal shall e%
213 filed within the re"lementar$ period provided in
&ection 1 of this #ule@
223 verified $ the appellant himself?herself in
accordance with &ection 4, #ule D of the #ules of
!ourt, as amended@
263 in the form of a memorandum of appeal which
shall state the "rounds relied upon and the
5
ar"uments in support thereof, the relief pra$ed for,
and with a statement of the date the appellant
received the appealed decision, award or order@
243 in three 263 le"il$ t$pewritten or printed copies@
and
2>3 accompanied $% i3 proof of pa$ment of the
reAuired appeal fee and le"al research fee@ ii3
postin" of a cash or suret$ ond as provided in
&ection C of this #ule@ and iii3 proof of service upon
the other parties.
3 A mere notice of appeal without compl$in" with
the other reAuisites aforestated shall not stop the
runnin" of the period for perfectin" an appeal.
c3 (he appellee ma$ file with the #e"ional Aritration
9ranch or #e"ional *ffice where the appeal was filed,
his?her answer or repl$ to appellantGs memorandum
of appeal, not later than ten 2103 calendar da$s from
receipt thereof. +ailure on the part of the appellee
who was properl$ furnished with a cop$ of the appeal
to file his?her answer or repl$ within the said period
ma$ e construed as a waiver on his?her part to file
the same.
d3 &u4ect to the provisions of Article 218 of the
Laor !ode, once the appeal is perfected in
accordance with these #ules, the !ommission shall
limit itself to reviewin" and decidin" onl$ the specific
issues that were elevated on appeal. 24a3
&'!()*N >. APP'AL +''. . (he appellant shall pa$
the prevailin" appeal fee and le"al research fee to
the #e"ional Aritration 9ranch or #e"ional *ffice of
ori"in, and the official receipt of such pa$ment shall
form part of the records of the case. 2>a3
&'!()*N C. 9*ND. . )n case the decision of the
Laor Ariter or the #e"ional Director involves a
monetar$ award, an appeal $ the emplo$er ma$ e
perfected onl$ upon the postin" of a ond, which
shall either e in the form of cash deposit or suret$
ond eAuivalent in amount to the monetar$ award,
e5clusive of dama"es and attorne$Es fees.
)n case of suret$ ond, the same shall e issued $ a
reputale ondin" compan$ dul$ accredited $ the
!ommission or the &upreme !ourt, and shall e
accompanied $ ori"inal or certified true copies of
the followin"%
a3 a 4oint declaration under oath $ the emplo$er,
his?her counsel, and the ondin" compan$, attestin"
that the ond posted is "enuine, and shall e in
effect until final disposition of the case.
3 an indemnit$ a"reement etween the emplo$er.
appellant and ondin" compan$@
c3 proof of securit$ deposit or collateral securin" the
ond% provided, that a check shall not e considered
as an acceptale securit$@
d3 a certificate of authorit$ from the )nsurance
!ommission@
e3 certificate of re"istration from the &ecurities and
'5chan"e !ommission@
f3 certificate of accreditation and authorit$ from the
&upreme !ourt@ and
"3 notari;ed oard resolution or secretar$Es
certificate from the ondin" compan$ showin" its
authori;ed si"natories and their specimen
si"natures.
(he !ommission throu"h the !hairman ma$ on
4ustifiale "rounds lacklist a ondin" compan$,
notwithstandin" its accreditation $ the &upreme
!ourt.
A cash or suret$ ond shall e valid and effective
from the date of deposit or postin", until the case is
finall$ decided, resolved or terminated, or the award
satisfied. (his condition shall e deemed
incorporated in the terms and conditions of the
suret$ ond, and shall e indin" on the appellants
and the ondin" compan$.
(he appellant shall furnish the appellee with a
certified true cop$ of the said suret$ ond with all
the aove. mentioned supportin" documents. (he
appellee shall verif$ the re"ularit$ and "enuineness
thereof and immediatel$ report an$ irre"ularit$ to
the !ommission.
-pon verification $ the !ommission that the ond is
irre"ular or not "enuine, the !ommission shall cause
the immediate dismissal of the appeal, and censure
the responsile parties and their counsels, or su4ect
them to reasonale fine or penalt$, and the ondin"
compan$ ma$ e lacklisted.
No motion to reduce ond shall e entertained
e5cept on meritorious "rounds, and onl$ upon the
postin" of a ond in a reasonale amount in relation
to the monetar$ award.
(he mere filin" of a motion to reduce ond without
compl$in" with the reAuisites in the precedin"
para"raphs shall not stop the runnin" of the period
to perfect an appeal. 2Ca3
&'!()*N D. #'!*#D& *+ !A&' *N APP'AL. . (he
records of a case shall have a correspondin" inde5 of
its contents which shall include the followin"% a3 the
ori"inal cop$ of the complaint@ 3 other pleadin"s
and motions@ c3 minutes of the proceedin"s, notices,
transcripts of steno"raphic notes, if an$@ d3
decisions, orders, and resolutions as well as proof of
service thereof, if availale@ e3 the computation of
the award@ f3 memorandum of appeal and the repl$
or answer thereto, if an$, and proof of service, if
availale@ "3 official receipt of the appeal fee@ and h3
the appeal ond, if an$.
(he records shall e chronolo"icall$ arran"ed and
pa"ed prominentl$.
&'!()*N 8. (#AN&:)((AL *+ #'!*#D& *+ !A&'
*N APP'AL. . Bithin fort$. ei"ht 2483 hours after the
filin" of the appeal, the records of the case shall e
transmitted $ the #e"ional Aritration 9ranch or
office of ori"in to the !ommission.
&'!()*N H. +)L)N< *+ APP'AL@ '++'!(. . Bithout
pre4udice to immediate reinstatement pendin"
appeal under &ection C of #ule K), once an appeal is
filed, the Laor Ariter loses 4urisdiction over the
case. All pleadin"s and motions pertainin" to the
appealed case shall thereafter e addressed to and
filed with the !ommission. 2Ha3
&'!()*N 10. +#)=*L*-& *# D)LA(*#7 APP'AL&. .
No appeal from an interlocutor$ order shall e
entertained. (o discoura"e frivolous or dilator$
appeals, includin" those taken from interlocutor$
orders, the !ommission after hearin" ma$ censure
or cite in contempt the errin" parties and their
counsels, or su4ect them to reasonale fine or
penalt$. 210a3
&'!()*N 11. APP'AL& +#*: D'!)&)*N *+ *(,'#
A<'N!)'&. . (he #ules provided herein "overnin"
appeals from the decisions or orders of Laor
Ariters shall appl$ to appeals to the !ommission
from decisions or orders of the other offices or
a"encies appealale to the !ommission accordin" to
law.
6
RULE VII
PROCEEDINGS BEFORE THE COMMISSION
&'!()*N 1. F-#)&D)!()*N *+ (,' !*::)&&)*N. .
(he !ommission shall e5ercise e5clusive, ori"inal,
and appellate 4urisdiction in accordance with law.
&'!()*N 2. !*:P*&)()*N AND )N('#NAL
+-N!()*N& *+ (,' !*::)&&)*N 'N 9AN! AND )(&
D)=)&)*N&. . a3 !omposition. . -nless otherwise
provided $ law, the !ommission shall e composed
of the !hairman and of twent$ three 2263
!ommissioners.
3 !ommission 'n 9anc. I(he !ommission shall sit
en anc onl$ for purposes of promul"atin" rules and
re"ulations "overnin" the hearin" and disposition of
cases efore its Divisions and #e"ional Aritration
9ranches, and for the formulation of policies
affectin" its administration and operations. )t ma$,
on temporar$ or emer"enc$ asis, allow cases within
the 4urisdiction of an$ Division to e heard $ an$
other Division whose docket allows the additional
workload and such transfer will not e5pose liti"ants
to unnecessar$ additional e5pense.
c3 Divisions. . -nless otherwise provided $ law, the
!ommission shall e5ercise its ad4udicator$ and all
other powers, functions and duties throu"h its ei"ht
283 Divisions. 'ach Division shall consist of one
memer from the pulic sector who shall act as the
Presidin" !ommissioner and one memer each from
the workers and emplo$ers sectors, respectivel$.
*f the ei"ht 283 Divisions, the +irst, &econd, (hird,
+ourth, +ifth and &i5th Divisions shall have e5clusive
territorial 4urisdiction over appealed cases comin"
from Lu;on@ the &eventh Division, appealed cases
from the =isa$as #e"ion@ and the 'i"hth Division,
appealed cases from :indanao includin" those from
the Autonomous #e"ion for :uslim :indanao.
d3 ,eadAuarters. . As provided $ law, the
!ommission and its +irst, &econd, (hird, +ourth, +ifth
and &i5th Divisions for Lu;on shall have their main
offices in the National !apital #e"ion, and the
&eventh and 'i"hth Divisions for =isa$as and
:indanao, in the cities of !eu and !a"a$an de *ro,
respectivel$. 22a3
&'!()*N 6. (,' !,A)#:AN. . (he !hairman shall
preside over all sessions of the !ommission en anc.
,e?she is the Presidin" !ommissioner of the +irst
Division. )n case of the effective asence or
incapacit$ of the !hairman, the Presidin"
!ommissioner of the &econd Division shall e the
Actin" !hairman.
(he !hairman, aided $ the '5ecutive !lerk of the
!ommission, shall have administrative supervision
over the !ommission and its #e"ional Aritration
9ranches and all its personnel includin" the
'5ecutive Laor Ariters and Laor Ariters.
&'!()*N 4. !*::)&&)*N 'N 9AN! &'&&)*N,
J-*#-: AND =*('. . a3 !ommission 'n 9anc. . (he
!hairman shall call the !ommission to an en anc
session at least twice a $ear, preferal$ on the first
week of Fune and the first week of Decemer, to
delierate and decide on an$ matter efore it.
,owever, a ma4orit$ of all the memers of the
!ommission ma$ call a special en anc session to
discuss and decide on ur"ent and vital matters which
need immediate action.
3 Juorum. . (he presence of a ma4orit$ of all the
memers of the !ommission shall e necessar$ to
constitute a Auorum. (he vote or concurrence of the
ma4orit$ of the memers constitutin" a Auorum shall
e the decision or resolution of the !ommission en
anc.
c3 Division. . (he presence of at least two 223
!ommissioners of a Division shall constitute a
Auorum. (he concurrence of two 223 !ommissioners
of a Division shall e necessar$ for the
pronouncement of a 4ud"ment or resolution.
Bhenever the reAuired memership in a Division is
not complete and?or the concurrence of two 223
!ommissioners cannot e otained to arrive at a
4ud"ment or resolution, the !hairman shall desi"nate
such numer of additional !ommissioners elon"in"
to the same sector from the other Divisions as ma$
e necessar$. )n the event that all the memers of a
division inhiit themselves from resolvin" a case, the
!hairman ma$ create a &pecial Division or assi"n the
case to an$ of the other Divisions.
d3 #ole of !hairman in the Division. . (he !hairman
of the !ommission ma$ convene and preside over
the session of an$ Division to consider an$ case
pendin" efore it and participate in its delierations,
if in his?her 4ud"ment, his?her presence therein will
est serve the interests of laor 4ustice. ,e?she shall
not however, participate in the votin" $ the
Division, e5cept when he?she is actin" as Presidin"
!ommissioner of the Division in the asence of the
re"ular Presidin" !ommissioner. 24a3
&'!()*N >. !*N&-L(A()*N. . (he conclusions of a
Division on an$ case or matter sumitted to it for
decision shall e reached in consultation efore the
case is assi"ned to a memer for the writin" of the
opinion. )t shall e mandator$ for the Division to
meet for the purpose of the consultation ordained
herein.
A certification to this effect si"ned $ the Presidin"
!ommissioner of the Division shall e issued and a
cop$ thereof attached to the record of the case and
served upon the parties.
&'!()*N C. D)&&'N()N< *P)N)*N. . &hould an$
memer of a Division indicate his?her intention to
write a dissentin" opinion, he?she ma$ file the same
within the period prescried for decidin" or resolvin"
the appeal@ otherwise, such written dissentin"
opinion shall not e considered part of the records of
the case.
&'!()*N D. )N,)9)()*N. . No motion to inhiit the
entire Division of the !ommission shall e
entertained. ,owever, an$ !ommissioner ma$ inhiit
himself?herself from the consideration and resolution
of an$ case or matter efore the Division and shall
so state in writin" the le"al or 4ustifiale "rounds
therefor. )n the event that a memer inhiits
himself?herself, the case shall e raffled $ the
'5ecutive !lerk or Deput$ '5ecutive !lerk to either
of the two 223 remainin" !ommissioners. )n case two
223 !ommissioners in a Division inhiit themselves in
a case or matter efore it, the !hairman shall, as far
as practicale, appoint two 223 !ommissioners from
other Divisions representin" the sector of the
!ommissioners who inhiited themselves.
&'!()*N 8. A9&('N()*N. . )n the event of an
astention, and the concurrence of two 223
!ommissioners to arrive at a 4ud"ment or resolution
cannot e otained, &ection 4 2c3, second para"raph,
of this #ule shall appl$.
&'!()*N H. !*N&*L)DA()*N *+ !A&'&. . Appealed
and in4unction cases involvin" the same parties,
issues, or related Auestions of fact or law shall e
consolidated efore the !ommissioner to whom the
case with the lowest case numer is assi"ned. Notice
of the consolidation shall e "iven $ the '5ecutive
7
!lerk or Deput$ '5ecutive !lerk to the other
memers of the concerned Divisions.
&'!()*N 10. ('!,N)!AL #-L'& N*( 9)ND)N<. .
(he rules of procedure and evidence prevailin" in
courts of law and eAuit$ shall not e controllin" and
the !ommission shall use ever$ and all reasonale
means to ascertain the facts in each case speedil$
and o4ectivel$, without re"ard to technicalities of
law or procedure, all in the interest of due process.
)n an$ proceedin" efore the !ommission, the
parties ma$ e represented $ le"al counsel ut it
shall e the dut$ of the !hairman, an$ Presidin"
!ommissioner or !ommissioner to e5ercise complete
control of the proceedin"s at all sta"es.
&'!()*N 11. !*N!)L)A()*N AND :'D)A()*N. . )n
the e5ercise of its e5clusive, ori"inal and appellate
4urisdiction, the !ommission ma$ e5ert all efforts
towards the amicale settlement of a laor dispute.
(he settlement of cases on appeal, to e valid and
indin" etween the parties, shall e approved $
the !ommission. 211a3
&'!()*N 12. #*L' *+ (,' LA9*# A#9)('#
A&&)<N'D (* (,' !*::)&&)*N. . )n the resolution
of cases on appeal, and those mentioned in #ules
=))) and K, the !ommission, in the e5i"enc$ of the
service, shall e assisted $ a Laor Ariter who ma$
e directed to stud$, review, hear and receive
evidence, and sumit reports thereon. 212a3
&'!()*N 16. +*#: *+ D'!)&)*N, #'&*L-()*N AND
*#D'#. . (he decision, resolution and order of the
!ommission shall state clearl$ and distinctl$ the
findin"s of facts, issues, and conclusions of law on
which it is ased, and the relief "ranted, if an$. )f the
decision, resolution or order involves monetar$
awards, the same shall contain the specific amount
awarded as of the date the decision is rendered.
&'!()*N 14. +)NAL)(7 *+ D'!)&)*N *+ (,'
!*::)&&)*N AND 'N(#7 *+ F-D<:'N(. . a3
+inalit$ of the Decisions, #esolutions or *rders of the
!ommission. . '5cept as provided in &ection H of
#ule K, the decisions, resolutions or orders of the
!ommission shall ecome final and e5ecutor$ after
ten 2103 calendar da$s from receipt thereof $ the
counsel or authori;ed representative or the parties if
not assisted $ counsel or representative.
3 'ntr$ of Fud"ment. . -pon the e5piration of the
ten 2103 calendar da$ period provided in para"raph
2a3 of this &ection, the decision, resolution, or order
shall e entered in a ook of entries of 4ud"ment.
)n the asence of return cards, certifications from
the post office or the courier or other proofs of
service to the parties, the '5ecutive !lerk or Deput$
'5ecutive !lerk shall consider the decision,
resolution or order as final and e5ecutor$ after si5t$
2C03 calendar da$s from date of mailin". 214a3
&'!()*N 1>. :*()*N& +*# #'!*N&)D'#A()*N. .
:otion for reconsideration of an$ decision, resolution
or order of the !ommission shall not e entertained
e5cept when ased on palpale or patent errors@
provided that the motion is filed within ten 2103
calendar da$s from receipt of decision, resolution or
order, with proof of service that a cop$ of the same
has een furnished, within the re"lementar$ period,
the adverse part$@ and provided further, that onl$
one such motion from the same part$ shall e
entertained. 21>a3
RULE VIII
CERTIFIED CASES
&'!()*N 1. P*L)!7. . )t is the declared polic$ of
certification of laor disputes for compulsor$
aritration to ensure and maintain industrial peace
ased on social 4ustice and national interest $
havin" a full, complete and immediate settlement or
ad4udication of all laor disputes etween the
parties, as well as issues that are relevant to or
incidents of the certified issues.
&'!()*N 2. !'#()+)'D LA9*# D)&P-('&. . !ertified
laor disputes are cases certified to the !ommission
for compulsor$ aritration under Article 2C6 2"3 of
the Laor !ode.
&'!()*N 6. '++'!(& *+ !'#()+)!A()*N. . a3 -pon
certification, the intended or impendin" strike or
lockout is automaticall$ en4oined, notwithstandin"
the filin" of an$ motion for reconsideration of the
certification order nor the non. resolution of an$
such motion which ma$ have een dul$ sumitted to
the *ffice of the &ecretar$ of Laor and
'mplo$ment. )f a work stoppa"e has alread$ taken
place at the time of the certification, all strikin" or
locked out emplo$ees shall immediatel$ return to
work and the emplo$er shall immediatel$ resume
operations and readmit all workers under the same
terms and conditions prevailin" efore the strike or
lockout.
3 All cases etween the same parties, e5cept where
the certification order specifies otherwise the issues
sumitted for aritration which are alread$ filed or
ma$ e filed, and are relevant to or are proper
incidents of the certified case, shall e considered
susumed or asored $ the certified case, and
shall e decided $ the appropriate Division of the
!ommission.
&u4ect to the second para"raph of &ection 4 of #ule
)=, the parties to a certified case, under pain of
contempt, shall inform their counsels and the
Division concerned of all cases pendin" with the
#e"ional Aritration 9ranches and the =oluntar$
Aritrators relative or incident to the certified case
efore it.
c3 Bhenever a certified laor dispute involves a
usiness entit$ with several workplaces located in
different re"ions, the Division havin" territorial
4urisdiction over the principal office of the compan$
shall acAuire 4urisdiction to decide such laor
dispute@ unless the certification order provides
otherwise.
&'!()*N 4. '++'!(& *+ D'+)AN!'. . Non.
compliance with the certification order of the
&ecretar$ of Laor and 'mplo$ment shall e
considered as an ille"al act committed in the course
of the strike or lockout, and shall authori;e the
!ommission to enforce the same under pain of
immediate disciplinar$ action, includin" dismissal or
loss of emplo$ment status or pa$ment $ the
lockin". out emplo$er of ackwa"es, dama"es
and?or other affirmative relief, even criminal
prosecution a"ainst the liale parties.
(he !ommission ma$ also seek the assistance of law
enforcement a"encies to ensure compliance and
enforcement of its orders and resolutions.
&'!()*N >. P#*!'D-#' )N !'#()+)'D !A&'&. . a3
Bhen there is no need to conduct a clarificator$
hearin", the !ommission shall resolve all certified
cases within thirt$ 2603 calendar da$s from receipt
$ the assi"ned !ommissioner of the complete
records, which shall include the position papers of
the parties and the order of the &ecretar$ of Laor
and 'mplo$ment den$in" the motion for
reconsideration of the certification order, if an$.
8
3 Bhere a clarificator$ hearin" is needed, the
!ommission shall, within five 2>3 calendar da$s from
receipt of the records, issue a notice to e served on
the parties throu"h the fastest means availale,
reAuirin" them to appear and sumit additional
evidence, if an$. All certified cases shall e resolved
$ the !ommission within si5t$ 2C03 calendar da$s
from receipt of the complete records $ the assi"ned
!ommissioner.
c3 No motion for e5tension or postponement shall e
entertained. 2>a3
&'!()*N C. 'K'!-()*N *+ F-D<:'N( )N
!'#()+)'D !A&'. . -pon issuance of the entr$ of
4ud"ment, the !ommission, motu proprio or upon
motion $ the proper part$, ma$ cause the e5ecution
of the 4ud"ment in the certified case.
RULE IX
CONTEMPT
&'!()*N 1. D)#'!( !*N(':P(. . (he !hairman or
an$ !ommissioner or Laor Ariter ma$ summaril$
ad4ud"e "uilt$ of direct contempt an$ person
committin" an$ act of misehavior in the presence of
or so near the !hairman or an$ !ommissioner or
Laor Ariter as to ostruct or interrupt the
proceedin"s efore the same, includin" disrespect
toward said officials, offensive acts toward others, or
refusal to e sworn or to answer as a witness or to
suscrie to an affidavit or deposition when lawfull$
reAuired to do so. )f the offense is committed a"ainst
the !ommission or an$ memer thereof, the same
shall e punished $ a fine not e5ceedin" +ive
,undred Pesos 2P>00.003 or imprisonment not
e5ceedin" five 2>3 da$s, or oth@ and, if the offense
is committed a"ainst an$ Laor Ariter, the same
shall e punished $ a fine not e5ceedin" *ne
,undred Pesos 2P100.003 or imprisonment not
e5ceedin" one 213 da$, or oth.
An$ person ad4ud"ed "uilt$ of direct contempt $ a
Laor Ariter ma$, within a period of five 2>3
calendar da$s from notice of the 4ud"ment, appeal
the same to the !ommission and the e5ecution of
said 4ud"ment shall e suspended pendin" resolution
of the appeal upon the filin" $ said person of a
ond on condition that he will aide $ and perform
the 4ud"ment should the appeal e decided a"ainst
him?her. A 4ud"ment of the !ommission on direct
contempt shall e immediatel$ e5ecutor$ and
inappealale.
&'!()*N 2. )ND)#'!( !*N(':P(. I (he
!ommission or an$ Laor Ariter pursuant to Article
218 2d3 of the Laor !ode ma$ cite an$ person for
indirect contempt and impose the appropriate
penalt$ under an$ of the followin" "rounds%
a3 :isehavior of an$ officer or emplo$ee in the
performance of his?her official duties or in his?her
official transaction@
3 Disoedience of, or resistance to, a lawful writ,
order or decision@
c3 An$ ause of, or an$ unlawful interference with
the processes or proceedin"s not constitutin" direct
contempt@
d3 An$ improper conduct tendin", directl$ or
indirectl$, to impede, ostruct or de"rade the
administration of 4ustice@
e3 Assumin" to e an attorne$ or a representative of
part$ without authorit$@
f3 +ailure to oe$ a supoena dul$ served@ or
"3 *ther "rounds analo"ous to the fore"oin".
A. Bhere char"e to e filed. . Bhere the char"e for
indirect contempt has een committed a"ainst the
!ommission or a"ainst an *fficer appointed $ it, the
char"e ma$ e filed with the !ommission. Bhere
such contempt has een committed a"ainst the
Laor Ariter, the char"e ma$ e filed with the
#e"ional Aritration 9ranch su4ect to appeal to the
!ommission in the same manner as provided in
&ection 1 of this #ule.
9. ,ow proceedin"s commenced.
Proceedin"s for indirect contempt ma$ e initiated
motu proprio $ the !ommission or an$ Laor
Ariter $ an order or an$ other formal char"e
reAuirin" the respondent to show cause wh$ he?she
should not e punished for contempt.
)n all other cases, a char"e for indirect contempt
shall e commenced $ a verified petition with
supportin" particulars and certified true copies of
documents or papers involved therein, and upon full
compliance with the reAuirements for filin" initiator$
pleadin"s in the !ommission. )f the contempt char"e
arose out of or is related to a principal action
pendin" in the !ommission or #e"ional Aritration
9ranch, the petition for contempt shall alle"e that
fact ut said petition shall e consolidated, heard,
and decided separatel$, unless the !ommission or
Laor Ariter in its?his?her discretion, orders the
consolidation of the contempt char"e and the
principal action for 4oint hearin" and decision.
!. ,earin". . -pon the date set for hearin", the
!ommission or Laor Ariter shall proceed to
investi"ate the char"e and consider such comment,
answer, defense or testimon$ as the respondent ma$
make or offer. +ailure to attend the scheduled
hearin" and to "ive a satisfactor$ e5planation in
writin" to the !ommission or Laor Ariter will result
in the waiver of the respondent to e present durin"
the hearin".
D. Punishment for indirect contempt. . )f the
respondent is ad4ud"ed "uilt$ of indirect contempt
committed a"ainst the !ommission or an$ memer
thereof, he?she ma$ e punished $ a fine of *ne
(housand 2P1,000.003 Pesos per da$ for ever$ act of
indirect contempt@ and, if the offense is committed
a"ainst an$ Laor Ariter, the same ma$ e punished
$ a fine of +ive ,undred 2P>00.003 Pesos per da$
for ever$ act of indirect contempt. 'ach da$ of
defiance of, or disoedience to, or non. enforcement
of a final order, resolution, decision, rulin",
in4unction, or processes, shall constitute an indirect
contempt of the !ommission. )f the contempt
consists of the violation of an in4unction or omission
to do an act which is within the power of the
respondent to perform, the respondent shall, in
addition, e made liale for dama"es as a
conseAuence thereof. (he dama"es shall e
measured $ the e5tent of the loss or in4ur$
sustained $ the a""rieved part$ $ reason of the
acts or omissions of which the contempt is ein"
prosecuted, and the costs of the proceedin"s,
includin" pa$ment of interest on dama"es.
'. A writ of e5ecution ma$ e issued to enforce the
decision imposin" such fine and?or conseAuent
dama"es as punishment for indirect contempt. 22a3
RULE X
INJUNCTION
&'!()*N 1. )NF-N!()*N )N *#D)NA#7 LA9*#
D)&P-('&. . A preliminar$ in4unction or restrainin"
order ma$ e "ranted $ the !ommission throu"h its
Divisions pursuant to the provisions of para"raph 2e3
of Article 218 of the Laor !ode, as amended, when
it is estalished on the asis of the sworn alle"ations
9
in the petition that the acts complained of involvin"
or arisin" from an$ laor dispute efore the
!ommission, which, if not restrained or performed
forthwith, ma$ cause "rave or irreparale dama"e to
an$ part$ or render ineffectual an$ decision in favor
of such part$.
A certification of non. forum shoppin" shall
accompan$ the petition for in4unction.
(he writ of preliminar$ in4unction or temporar$
restrainin" order shall ecome effective onl$ upon
postin" of the reAuired cash ond in the amount to
e determined $ the !ommission to answer for an$
dama"e that ma$ e suffered $ the part$ en4oined,
if it is finall$ determined that the petitioner is not
entitled thereto.
&'!()*N 2. )NF-N!()*N )N &(#)L'& *#
L*!L*-(&. . A preliminar$ or permanent in4unction
ma$ e "ranted $ the !ommission onl$ after
hearin" the testimon$ of witnesses and with
opportunit$ for cross. e5amination in support of the
alle"ations of the complaint or petition made under
oath, and testimon$ $ wa$ of opposition thereto, if
offered, and onl$ after a findin" of fact $ the
!ommission%
a3 (hat prohiited or unlawful acts have een
threatened and will e committed and will e
continued unless restrained, ut no in4unction or
temporar$ restrainin" order shall e issued on
account of an$ threat, prohiited or unlawful act,
e5cept a"ainst the person or persons, association or
or"ani;ation makin" the threat or committin" the
prohiited or unlawful act or actuall$ authori;in" or
ratif$in" the same after actual knowled"e thereof.
3 (hat sustantial and irreparale in4ur$ to
petitionerGs propert$ will follow@
c3 (hat as to each item of relief to e "ranted,
"reater in4ur$ will e inflicted upon the petitioner $
the denial of relief than will e inflicted upon
respondents $ the "rantin" of relief@
d3 (hat petitioner has no adeAuate remed$ at law@
and
e3 (hat the pulic officers char"ed with the dut$ to
protect petitionerGs propert$ are unale or unwillin"
to furnish adeAuate protection.
&'!()*N 6. ,'A#)N<@ N*()!' (,'#'*+. . ,earin"s
shall e held after due and personal notice thereof
has een served, in such manner as the !ommission
shall direct, to all known persons a"ainst whom relief
is sou"ht, and also to the !hief '5ecutive and other
pulic officials of the province or cit$ within which
the unlawful acts have een threatened or
committed char"ed with the dut$ to protect
petitionerGs propert$.
&'!()*N 4. #'!'P()*N *+ '=)D'N!'@
D'L'<A()*N. . (he reception of evidence for the
application of a writ of in4unction ma$ e dele"ated
$ the !ommission to an$ of its Laor Ariters who
shall conduct such hearin"s in such places as he?she
ma$ determine to e accessile to the parties and
their witnesses, and shall thereafter sumit his?her
report and recommendation to the !ommission
within fifteen 21>3 da$s from such dele"ation.
&'!()*N >. *!-LA# )N&P'!()*N. . (he !hairman,
an$ !ommissioner, Laor Ariter or their dul$
authori;ed representatives, ma$, at an$ time durin"
workin" hours, conduct an ocular inspection on an$
estalishment, uildin", ship or vessel, place or
premises, includin" an$ work, material, implement,
machiner$, appliance or an$ o4ect therein, and ask
an$ emplo$ee, laorer, or an$ person, as the case
ma$ e, for an$ information or data concernin" an$
matter or Auestion relative to the o4ect of the
petition.
(he ocular inspection reports shall e sumitted to
the appropriate Division within twent$. four 2243
hours from the conduct thereof.
&'!()*N C. (':P*#A#7 #'&(#A)N)N< *#D'#@
#'J-)&)('&. . )f the petitioner shall also alle"e that,
unless a temporar$ restrainin" order shall e issued
without notice, a sustantial and irreparale in4ur$ to
petitionerGs propert$ will e unavoidale, such a
temporar$ restrainin" order ma$ e issued upon
testimon$ under oath, or $ affidavits of the
petitionerGs witnesses, sufficient, if sustained, to
4ustif$ the !ommission in the issuance thereof.
&'!()*N D. !A&, 9*ND. . No temporar$ restrainin"
order or writ of preliminar$ in4unction shall e issued
e5cept on the condition that petitioner shall first file
an undertakin" to answer for the dama"es and post
a cash ond in the amount of +ift$ (housand Pesos
2P>0,000.003, or such hi"her amount as ma$ e
determined $ the !ommission, to recompense those
en4oined for an$ loss, e5pense or dama"e caused $
the improvident or erroneous issuance of such order
or in4unction, includin" all reasonale costs, to"ether
with a reasonale attorne$Gs fee, and e5pense of
defense a"ainst the order or a"ainst the "rantin" of
an$ in4unctive relief sou"ht in the same proceedin"
and suseAuentl$ denied $ the !ommission.
&'!()*N 8. '++'!()=)(7 *+ (':P*#A#7
#'&(#A)N)N< *#D'#. . A temporar$ restrainin"
order shall e effective for no lon"er than twent$
2203 da$s reckoned from the postin" of the cash
ond reAuired under the precedin" section. Durin"
the said period, the parties shall e reAuired to
present evidence to sustantiate their respective
positions in the main petition.
&'!()*N H. '++'!(& *+ D'+)AN!'. . (he order or
resolution en4oinin" the performance of ille"al acts
shall e immediatel$ e5ecutor$ in accordance with
the terms thereof. )n case of non. compliance, the
!ommission shall impose such sanctions, and shall
issue such orders, as ma$ e necessar$ to
implement the said order or resolution, includin" the
enlistment of law enforcement a"encies havin"
4urisdiction over the area for the purpose of
enforcin" the same.
&'!()*N 10. *#D)NA#7 #':'D7 )N LAB *# )N
'J-)(7. . Nothin" in this #ule shall deprive an$ part$
havin" a claim or cause of action under or upon such
undertakin" from electin" to pursue his?her ordinar$
remed$ $ suit at law or in eAuit$.
RULE XI
EXECUTION PROCEEDINGS
&'!()*N 1. 'K'!-()*N -P*N +)NAL)(7 *+
D'!)&)*N *# *#D'#. . a3 A writ of e5ecution ma$
e issued motu proprio or on motion, upon a
decision or order that has ecome final and
e5ecutor$.
3 )f an appeal has een dul$ perfected and finall$
resolved $ the !ommission, a motion for e5ecution
ma$ e filed efore the Laor Ariter, when the latter
has possession of the case records or upon
sumission of certified true copies of the decisions or
final order?s sou"ht to e enforced includin" notice
of decision or order and the entr$ of 4ud"ment, cop$
furnished the adverse part$.
c3 '5cept that, as provided for in &ection 18 of #ule
= in relation to &ection H of this #ule, and in those
cases where partial e5ecution is allowed $ law, the
Laor Ariter shall retain duplicate ori"inal copies of
10
the decision to e implemented and proof of service
thereof for the purpose of immediate enforcement.
21a3
&'!()*N 2. 'K'!-()*N 97 :*()*N *# 97
)ND'P'ND'N( A!()*N. I Pursuant to Art. 224 of the
Laor !ode, a decision or order ma$ e e5ecuted on
motion within five 2>3 $ears from the date it
ecomes final and e5ecutor$. After the lapse of such
period, the 4ud"ment shall ecome dormant, and
ma$ onl$ e enforced $ an independent action
efore the #e"ional Aritration 9ranch of ori"in and
within a period of ten 2103 $ears from date of its
finalit$. 28a3
&'!()*N 6. '++'!( *+ P'#+'!()*N *+ APP'AL *N
'K'!-()*N. . (he perfection of an appeal shall sta$
the e5ecution of the decision of the Laor Ariter
e5cept e5ecution for reinstatement pendin" appeal.
2Ha3
&'!()*N 4. '++'!( *+ P'()()*N +*# !'#()*#A#)
*N 'K'!-()*N. . A petition for certiorari with the
!ourt of Appeals or the &upreme !ourt shall not sta$
the e5ecution of the assailed decision unless a
restrainin" order is issued $ said courts. 210a3
&'!()*N >. P#'. 'K'!-()*N !*N+'#'N!'. . Bithin
two 223 workin" da$s from receipt of a motion for
the issuance of a writ of e5ecution which shall e
accompanied $ a computation of a 4ud"ment award,
if necessar$, the !ommission or the Laor Ariter
ma$ schedule a pre. e5ecution conference to thresh
out matters relevant to e5ecution includin" the final
computation of monetar$ award. (he pre. e5ecution
conference shall not e5ceed fifteen 21>3 calendar
da$s from the initial schedule, unless the parties
a"reed to an e5tension.
An$ order issued $ the Laor Ariter in the pre.
e5ecution conference is not appealale, su4ect to
the remedies availale under #ule K)). 22a3
&'!()*N C. )&&-AN!', !*N('N(& AND
'++'!()=)(7 *+ A B#)( *+ 'K'!-()*N. . (he writ
of e5ecution shall issue in the name of the #epulic
of the Philippines si"ned $ the !ommission or Laor
Ariter orderin" the &heriff to e5ecute the decision,
order, or award of the !ommission or Laor Ariter,
and must contain the complete name of the part$,
whether natural or 4uridical, a"ainst whom the writ of
e5ecution was issued, the dispositive portion thereof,
the amount, if an$, to e demanded, and all le"al
fees to e collected from the losin" part$ or an$
other person reAuired $ law to oe$ the same.
A writ of e5ecution shall e effective for a period of
five 2>3 $ears from issuance thereof. )n case of
partial satisfaction of 4ud"ment durin" the lifetime of
the writ, the Laor Ariter shall motu proprio issue
an updated writ reflectin" the amount collected and
the remainin" alance. 26a3
&'!()*N D. 'N+*#!':'N( *+ B#)( *+
'K'!-()*N. . )n e5ecutin" a decision, resolution or
order, the &heriff, or other authori;ed officer actin"
as &heriff of the !ommission, shall serve the writ
within three 263 da$s from receipt of the same,
su4ect to the reAuirements of &ections 12 and 16 of
this #ule and shall e "uided strictl$ $ these #ules
and $ the :anual on '5ecution of Fud"ment, which
shall form part of these #ules. )n the asence of
applicale rules, the #ules of !ourt, as amended,
shall e applied in a suppletor$ manner. 2Da3
&'!()*N 8. :ANN'# *+ 'K'!-()*N *+ :*N'(A#7
F-D<:'N(. . a3 )mmediate pa$ment on demand. .
(he &heriff shall enforce a monetar$ 4ud"ment $
demandin" the immediate pa$ment of the full
amount stated in the writ of e5ecution and all le"al
fees from the losin" part$ or an$ other person
reAuired $ law to oe$ the same.
3 )n the event of failure or refusal of the losin"
part$ to pa$ the 4ud"ment award, the &heriff shall
immediatel$ proceed a"ainst the cash deposit or
suret$ ond posted $ the losin" part$, if an$@
c3 )f the ondin" compan$ refuses to pa$ or the
ank holdin" the cash deposit of the losin" part$
refuses to release the "arnished amount despite the
order or pertinent processes issued $ the Laor
Ariter or the !ommission, the president or the
responsile officers or authori;ed representatives of
the said ondin" compan$ or the ank who resisted
or caused the non. compliance shall e either cited
for contempt, or held liale for resistance and
disoedience to a person in authorit$ or the a"ents
of such person as provided under the pertinent
provision of the #evised Penal !ode. (his rule shall
likewise appl$ to an$ person or part$ who unlawfull$
resists or refuses to compl$ with the reak open
order issued $ the Laor Ariter or the !ommission.
+or this purpose, the Laor Ariter or the
!ommission ma$ issue an order directin" the sheriff
to reAuest the assistance of law enforcement
a"encies to ensure compliance with the writ of
e5ecution, orders or processes.
A ondin" compan$ cited for contempt, or for an
offense defined and punishale under the pertinent
provision of the #evised Penal !ode shall e arred
from transactin" usiness with the !ommission.
d3 &hould the cash deposit or suret$ ond e
insufficient, or in case the suret$ ond cannot e
proceeded a"ainst for an$ reason, the &heriff shall,
within five 2>3 da$s from demand, e5ecute the
monetar$ 4ud"ment $ "arnishin" ank deposits,
credits, receivales, and other personal propert$ not
capale of manual deliver$, if the same is not
enou"h, proceed to lev$ the personal propert$ of the
losin" part$, and if still insufficient, a"ainst the real
propert$ not e5empt from e5ecution, sufficient to
cover the 4ud"ment award, which ma$ e disposed
of for value at a pulic auction to the hi"hest idder.
e3 Proceeds of e5ecution shall e deposited with the
!ashier of the concerned Division or #e"ional
Aritration 9ranch, or with an authori;ed depositar$
ank. Bhere pa$ment is made in the form of a
check, the same shall e pa$ale to the !ommission.
f3 +or monetar$ 4ud"ment on cases involvin"
overseas +ilipino workers, the manner of e5ecution
shall e in accordance with #epulic Act No. 10022.
2>a3
&'!()*N H. 'K'!-()*N *+ #')N&(A(':'N(
P'ND)N< APP'AL. . )n case the decision includes an
order of reinstatement, and the emplo$er disoe$s
the directive under the second para"raph of &ection
18 of #ule = or refuses to reinstate the dismissed
emplo$ee, the Laor Ariter shall immediatel$ issue
writ of e5ecution, even pendin" appeal, directin" the
emplo$er to immediatel$ reinstate the dismissed
emplo$ee either ph$sicall$ or in the pa$roll, and to
pa$ the accrued salaries as a conseAuence of such
non. reinstatement in the amount specified in the
decision.
(he &heriff shall serve the writ of e5ecution upon the
emplo$er or an$ other person reAuired $ law to
oe$ the same. )f he?she disoe$s the writ, such
emplo$er or person ma$ e cited for contempt in
accordance with #ule )K. 2Ca3
&'!()*N 10. #'&*L-()*N *+ :*()*N (* J-A&,. I
A motion to Auash shall e resolved $ the Laor
Ariter within ten 2103 workin" da$s from sumission
11
of said motion for resolution. (he mere filin" of a
motion to Auash shall not sta$ e5ecution
proceedin"s. 211a3
&'!()*N 11. (,)#D PA#(7 !LA):. I a3 )f the
propert$ levied is claimed $ an$ person other than
the losin" part$, such person ma$ file a third part$
claim not later than five 2>3 da$s from the last da$ of
postin" or pulication of the notice of e5ecution sale,
otherwise the claim shall e forever arred. &uch
third part$ claim must compl$ with the followin"
reAuirements%
213 An affidavit statin" title to propert$ or ri"ht to
the possession thereof with supportin" evidence@
223 Postin" of a ond eAuivalent to the amount of the
claim or 4ud"ment award, whichever is lower@ and
263 Pa$ment of prevailin" filin" fee.
3 Bhere filed . (he third part$ claim shall e filed
with the !ommission or Laor Ariter where the
e5ecution proceedin" is pendin", with proof of
service of copies thereof to the &heriff and the
prevailin" part$.
c3 'ffect of +ilin". . (he filin" of a third part$ claim
that has complied with the reAuirements set forth
under para"raph 2a3 of this &ection shall
automaticall$ suspend the proceedin"s with respect
to the e5ecution of the properties su4ect of the third
part$ claim.
-pon approval of the ond, the Laor Ariter shall
issue an order releasin" the levied propert$ or a part
thereof su4ect of the claim unless the prevailin"
part$ posts a counter ond in an amount not less
than the value of the levied propert$.
(he Laor Ariter ma$ reAuire the postin" of
additional ond upon showin" $ the other part$ that
the ond is insufficient.
d3 Proceedin"s. I(he propriet$ of the third part$
claim shall e resolved within ten 2103 workin" da$s
from sumission of the claim for resolution. (he
decision of the Laor Ariter is not appealale ut
ma$ e elevated to the !ommission and resolved in
accordance with #ule K)) hereof. Pendin" resolution
thereof, e5ecution shall proceed a"ainst all other
properties not su4ect of the third part$ claim. 212a3
&'!()*N 12. &,'#)++E& #'(-#N AND #'P*#(. I
(he writ of e5ecution shall e returned to the
!ommission or Laor Ariter immediatel$ after the
full satisfaction of the 4ud"ment award. )n case of
partial or non. satisfaction of the 4ud"ment, the
sheriff enforcin" the writ shall sumit a report
updatin" the !ommission or Laor Ariter who
issued the writ of e5ecution on the status of the
enforcement thereof, not later than thirt$ 2603 da$s
from receipt of such writ and ever$ thirt$ 2603 da$s
thereafter durin" the lifetime of the writ unless full$
satisfied. A cop$ of the report shall e furnished the
!hairman and the '5ecutive Laor Ariter.
+ailure on the part of the &heriff to sumit the report
or return reAuired under &ection 12 of this #ule
within the stated period shall su4ect him?her to
administrative fine under #ule K)= of this #ule, or
suspension for fifteen 21>3 da$s without pa$, or oth.
216a, 14a3
&'!()*N 16. D'&)<NA()*N *+ &P'!)AL &,'#)++&.
. (he !hairman of the !ommission ma$ desi"nate
special &heriffs and take an$ measure, under
e5istin" laws, to ensure compliance with the
decisions, resolutions or orders of the !ommission
and those of Laor Ariters. 21>a3
&'!()*N 14. '++'!( *+ #'='#&AL *+ 'K'!-('D
F-D<:'N(. I Bhere the e5ecuted 4ud"ment is
totall$ or partiall$ reversed or annulled $ the !ourt
of Appeals or the &upreme !ourt, the Laor Ariter
shall, on motion, issue such orders of restitution of
the e5ecuted award, e5cept wa"es paid durin"
reinstatement pendin" appeal.
RULE XII
EXTRAORDINARY REMEDIES (n)
&'!()*N 1. ='#)+)'D P'()()*N. I A part$ a""rieved
$ an$ order or resolution of the Laor Ariter
includin" those issued durin" e5ecution proceedin"s
ma$ file a verified petition to annul or modif$ such
order or resolution. (he petition ma$ e
accompanied $ an application for the issuance of a
temporar$ restrainin" order and?or writ of
preliminar$ or permanent in4unction to en4oin the
Laor Ariter, or an$ person actin" under his?her
authorit$, to desist from enforcin" said resolution or
order.
&'!()*N 2. <#*-ND&. . (he petition filed under this
#ule ma$ e entertained onl$ on an$ of the followin"
"rounds%
a3 )f there is prima facie evidence of ause of
discretion on the part of the Laor Ariter.
3 )f serious errors in the findin"s of facts are raised
which, if not corrected, would cause "rave or
irreparale dama"e or in4ur$ to the petitioner.
c3 )f a part$ $ fraud, accident, mistake or e5cusale
ne"li"ence has een prevented from takin" an
appeal@
d3 )f made purel$ on Auestions of law@ or
e3 )f the order or resolution will cause in4ustice if not
rectified.
&'!()*N 6. B,'N AND B,'#' +)L'D. I Not later
than ten 2103 calendar da$s from receipt of the order
or resolution of the Laor Ariter, the a""rieved
part$ ma$ file a petition with the !ommission
furnishin" a cop$ thereof to the adverse part$.
&'!()*N 4. #'J-)&)('& *+ (,' P'()()*N. I (he
petition filed under this #ule shall%
a3 e accompanied $ a clear ori"inal or certified
true cop$ of the order or resolution assailed,
to"ether with clear copies of documents relevant or
related to the said order or resolution for the proper
understandin" of the issue?s involved@
3 contain the aritral docket numer and appeal
docket numer, if an$@
c3 state the material date showin" the timeliness of
the petition@
d3 e verified $ the petitioner himself?herself in
accordance with &ection 4, #ule D of the #ules of
!ourt, as amended@
e3 e in the form of a memorandum which shall state
the "round?s relied upon, the ar"ument?s in support
thereof and the reliefs pra$ed for@
f3 e in three 263 le"il$ written or printed copies@
and
"3 e accompanied $%
i3 certificate of non. forum shoppin"@
12
ii3 proof of service upon the other part$?ies and the
Laor Ariter who issued the order or resolution
ein" assailed or Auestioned@ and
iii3 proof of pa$ment of the reAuired fees.
&'!()*N >. (,' P-9L)! AND P#)=A('
#'&P*ND'N(& ):PL'AD'D )N (,' P'()()*N. . (he
Laor Ariter shall e 4ointl$ impleaded with the
private respondent as a pulic respondent in a
nominal capacit$. As used in this #ule, the private
respondent refers to the part$ interested in
sustainin" the order or resolution of the Laor
Ariter. )t shall e the dut$ of the private respondent
to appear and defend, oth in his?her ehalf and that
of the pulic respondent, and the cost awarded in
such proceedin"s in favor of the petitioner shall e
a"ainst the private respondent onl$. (he pulic
respondent shall not appear or file an answer or
comment to the petition or an$ pleadin" therein.
&'!()*N C. &'#=)!' AND +)L)N< *+ PL'AD)N<&. I
(he part$ filin" the pleadin"s shall serve the other
part$ with copies thereof in accordance with #ule 16
of the #ules of !ourt furnishin" the Laor Ariter
with a cop$.
)f the last da$ to serve and file a pleadin" falls on a
&aturda$, &unda$ or holida$, the pleadin" shall e
served and filed on the first workin" da$ immediatel$
followin" such &aturda$, &unda$ or ,olida$.
&'!()*N D. AN&B'# (* (,' P'()()*N. I Bithin
ten2103 calendar da$s from the receipt of the
petition, the private respondent shall file his?her
answer therein statin" the "round?s wh$ the petition
should e denied. +ailure on the part of the private
respondent, to file his?her answer within the said
period ma$ e construed as a waiver to file the
same.
&'!()*N 8. *PP*&)()*N (* (,' )NF-N!()='
#'L)'+@ B,'N +)L'D. I )n case the petitioner also
pra$s for an in4unctive relief, the private respondent
ma$ file his?her verified opposition or comment to
the application for in4unctive relief not later than five
2>3 calendar da$s from receipt of a cop$ of the
petition.
&'!()*N H. '++'!( *+ +)L)N< *+ P'()()*N. I -pon
filin" of the petition, the proceedin"s efore the
Laor Ariter shall continue unless restrained. )n
case of e5ecution, the proceedin"s in accordance
with #ule K) of these #ules shall not e suspended,
ut no mone$ collected or credit "arnished ma$ e
released or properties levied upon e sold $ pulic
auction within fifteen 21>3 calendar da$s from the
filin" of the petition. )f no temporar$ restrainin"
order or writ of preliminar$ in4unction is issued
within the said period, the mone$ collected or credit
"arnished shall e released and?or the properties
levied upon sold $ pulic auction and the proceeds
of the sale applied, to satisf$ the 4ud"ment.
)n case of e5ecution proceedin"s, the Laor Ariter
shall immediatel$ inform in writin" the !ommission
or the Division where the petition is pendin" of the
satisfaction of the 4ud"ment, and, if circumstances
warrant, the !ommission shall dismiss the petition
for ein" moot.
(he records of the case shall not e elevated to the
!ommission unless otherwise ordered.
&'!()*N 10. ='#)+)'D APPL)!A()*N, )&&-AN!' *+
(':P*#A#7 #'&(#A)N)N< *#D'# *# P#'L):)NA#7
)NF-N!()*N@ 9*ND% I -pon the filin" of a verified
application for in4unctive relief, to"ether with
supportin" affidavits and documents, the
!ommission ma$ issue a writ of a preliminar$
in4unction ased on an$ of the applicale "rounds
provided for in &ection 6, #ule >8 of the #ules of
!ourt for the preservation of the ri"hts of the parties
pendin" resolution of the petition. (he writ of
preliminar$ in4unction shall e effective for a non.
e5tendile period of si5t$ 2C03 calendar da$s from
service on the private respondent.
)f it shall appear from facts shown $ the verified
application and affidavits that "reat and irreparale
dama"e and?or in4ur$ would result to the petitioner
efore the petition can e resolved, the !ommission
ma$ issue a temporar$ restrainin" order e5. parte
effective for a non. e5tendile period of twent$ 2203
calendar da$s from service on the private
respondent.
)n the issuance of a temporar$ restrainin" order or
writ of preliminar$ in4unction, the !ommission shall
reAuire the postin" of a cash ond in the amount of
+ift$ (housand Pesos 2P>0,000.003, or such hi"her
amount as ma$ e determined $ the !ommission,
to recompense those en4oined for an$ loss, e5pense
or dama"e caused $ the improvident or erroneous
issuance of such order or in4unction, includin" all
reasonale costs.
An additional cash ond ma$ e reAuired $ the
!ommission in the issuance of a writ of preliminar$
in4unction.
&'!()*N 11. '++'!()=)(7 *+ (':P*#A#7
#'&(#A)N)N< *#D'# *# B#)( *+ P#'L):)NA#7
)NF-N!()*N.
(he temporar$ restrainin" order or writ of
preliminar$ in4unction shall ecome effective onl$
upon postin" of the reAuired cash ond.
)n the event that the application for a writ of
preliminar$ in4unction is denied or not resolved
within the said period, the temporar$ restrainin"
order is deemed automaticall$ vacated.
(he application for a temporar$ restrainin" order or a
writ of preliminar$ in4unction ma$ e denied, or if
"ranted, ma$ e dissolved, on an$ "rounds provided
for in &ection C, #ule >8 of the #ules of !ourt.
&'!()*N 12. '++'!( *+ )NF-N!()*N. I (he
issuance of a temporar$ restrainin" order or a writ of
preliminar$ in4unction, unless otherwise declared $
the !ommission, shall not suspend the proceedin"s
efore the Laor Ariter or sta$ the implementation
of the writ of e5ecution ut shall onl$ restrain or
en4oin such particular act?s as therein decreed to e
restrained or en4oined.
&'!()*N 16. #'&*L-()*N *+ P'()()*N. I )f the
!ommission finds that the alle"ations of the petition
are true, it shall%
a3 render 4ud"ment for the relief pra$ed for or to
which the petitioner is entitled, and?or
3 "rant a final in4unction perpetuall$ en4oinin" the
Laor Ariter or an$ person actin" under his?her
authorit$ from the commission of the act?s or
confirmin" the preliminar$ in4unction.
,owever, the !ommission ma$ dismiss the petition if
it finds the same to e patentl$ without merit,
prosecuted manifestl$ for dela$, or that the
Auestions raised therein are too unsustantial to
reAuire consideration.
&'!()*N 14. #'!*='#7 +#*: (,' )NF-N!()*N
9*ND. I (he amount of dama"es that ma$ e
recovered $ the private respondent from the
in4unction ond of the petitioner shall e ascertained
and awarded in the decision?order?resolution finall$
13
disposin" of the issue on the application for
in4unction.
&'!()*N 1>. N* APP'AL +#*: (,' *#D'# *#
#'&*L-()*N *+ (,' LA9*# A#9)('# A#)&)N<
+#*: 'K'!-()*N P#*!''D)N<& *# *(,'#
)N!)D'N(&. I '5cept $ wa$ of a petition filed in
accordance with this #ule, no appeal from the order
or resolution issued $ the Laor Ariter durin" the
e5ecution proceedin"s or in relation to incidents
other than a decision or disposition of the case on
the merits, shall e allowed or acted upon $ the
!ommission.
RULE XIII
COMMISSION SEAL AND RECORDS, AND
POWERS AND DUTIES OF COMMISSION
OFFICIALS
&'!()*N 1. &'AL *+ (,' !*::)&&)*N. . (he seal
of the National Laor #elations !ommission shall e
of standard si;e, circular, with the inscription,
runnin" from left to ri"ht on the upper outside ed"e,
the words /NA()*NAL LA9*# #'LA()*N&
!*::)&&)*N1, and the lower outside ed"e, the
words /#'P-9L)! *+ (,' P,)L)PP)N'&1, with a
desi"n at the center containin" the coat of arms of
the Department of Laor and 'mplo$ment.
&'!()*N 2. (,' 'K'!-()=' !L'#L. . (he '5ecutive
!lerk shall assist the !ommission when sittin" en
anc and when actin" throu"h the +irst Division, and
shall perform such similar or eAuivalent functions
and duties as are dischar"ed $ the !lerk of !ourt of
the !ourt of Appeals.
&'!()*N 6. D'P-(7 'K'!-()=' !L'#L&. . (he
Deput$ '5ecutive !lerks of the other Divisions shall
assist the !ommission when actin" throu"h its
Division, and shall perform similar functions and
duties as dischar"ed $ the Deput$ !lerks of !ourt of
the !ourt of Appeals, and as enumerated herein as
functions of the '5ecutive !lerk relative to their
respective Divisions. 26a3
&'!()*N 4. D-()'& AND +-N!()*N& *+ (,'
'K'!-()=' !L'#L AND D'P-(7 'K'!-()=' !L'#L&.
. a3 !ustod$ of &eal and 9ooks. I ,e?she shall keep
in his?her care and custod$ the &eal of the
!ommission, to"ether with all the ooks necessar$
for the recordin" of the proceedin"s of the
!ommission, includin" the records, files and e5hiits@
3 +ilin" of Pleadin"s. I ,e?she shall receive and file
all cases and pleadin"s and documents indicatin"
thereon the date and time filed. All pleadin"s shall e
filed in three
263 le"il$ t$pewritten copies in le"al si;e@
c3 #affle and Assi"nment of !ases. I ,e?she shall
assi"n appealed cases for stud$ or report strictl$ $
raffle or as directed $ the !hairman. )n this
connection, the raffle of cases for stud$ or report
must e attended $ the dul$ desi"nated
representative of the :emers of the appropriate
Division@
d3 &ervice of Processes, *rders and Decisions. I
,e?she shall serve parties and counsel processes,
notices of hearin"s, copies of decisions, resolutions
or orders issued $ the !ommission $ re"istered
mail, $ courier or $ personal service and
immediatel$ attach the returns or proofs of deliver$
thereof to the records@
e3 !ommission !alendar and :inutes 9ook. I ,e?she
shall prepare the !ommission or Division calendars
of sessions, attend such sessions personall$ and
immediatel$ prepare the minutes thereof. +or this
purpose, he?she shall keep a minutes ook@
f3 <eneral Docket. . (he '5ecutive !lerk shall keep a
"eneral docket for the !ommission, each pa"e of
which shall e numered and prepared for receivin"
all the entries in a sin"le pa"e, and shall enter
therein all ori"inal and appealed cases efore it,
numered consecutivel$ in the order in which the$
were received and, under the headin" of each case,
the date and hour of each pleadin" filed, of each
order, decision or resolution entered, and of each
other step or action taken in the case@ so that, $
reference to an$ sin"le pa"e, the histor$ of the case
ma$ e known@
"3 Promul"ation and Promul"ation 9ook. I ,e?she
shall promul"ate decisions and final resolutions on
the same date the same is filed with his?her office
and indicate the date and time of promul"ation and
attest the same $ his?her si"nature on the first
pa"e thereof. ,e?she shall immediatel$ furnish the
!hairman with a cop$ of such decision, resolution, or
order with a summar$ of the nature thereof and the
issue involved therein. ,e?she shall keep a
promul"ation ook which indicates the date and time
of promul"ation, the case numer, title of the case,
the ponente, the nature of the decision or final
resolution and the action taken $ the !ommission
$ Auotin" the dispositive portion thereof. Notices of
said decisions, resolutions or orders shall e sent in
sealed envelopes to parties and their counsel within
fort$. ei"ht 2483 hours from promul"ation@
h3 'ntr$ of Fud"ment. . ,e shall keep a ook of
entries of 4ud"ment, decisions, resolutions and
orders containin" in chronolo"ical order the entries
of all final decisions, resolutions and orders of the
!ommission@
i3 Disposition and #emand of #ecords. . -pon entr$
of 4ud"ment, he?she shall immediatel$ remand the
records of the case to the #e"ional Aritration
9ranch of ori"in, #e"ional Director or his?her dul$
authori;ed officer, as the case ma$ e. (he #ecords
-nit shall immediatel$ post said records without
dela$ within two 223 workin" da$s@
43 :onthl$ Accomplishment #eports. I ,e?she shall
sumit a monthl$ accomplishment report of the
!ommission or Division not later than the Dth da$ of
the followin" month@
k3 *ther +unctions. I ,e?she shall perform other
functions as directed $ the !hairman or the
!ommission en anc. 24a3
&'!()*N >. 9*A#D &'!#'(A#)'&. . (he 9oard
&ecretaries of the !ommission shall assist the
'5ecutive !lerk or Deput$ '5ecutive !lerks in the
performance of their duties and functions relative to
the !ommission or their respective Divisions.
&'!()*N C. )&&-AN!' *+ !'#()+)'D !*P)'&. .
-nless otherwise restricted $ &ection 8 hereof, the
'5ecutive !lerk, Deput$ '5ecutive !lerks, and the
authori;ed officers of the #e"ional Aritration
9ranches shall prepare, for an$ person askin" for the
same, a certified cop$, under the &eal of the
!ommission, of an$ paper, record, decision,
resolution, order or entr$ $ and in his?her office,
proper to e certified, after pa$ment of the standard
fees to the !ommission dul$ receipted for@ Provided,
that a pauper liti"ant, as defined $ law, shall e
e5empted from pa$in" an$ fee for certified copies of
an$ document, includin" transcripts of steno"raphic
notes.
&'!()*N D. P*B'# (* AD:)N)&('# *A(,. . (he
!hairman, :emers of the !ommission, the
'5ecutive !lerk, the Deput$ '5ecutive !lerks, the
'5ecutive Laor Ariters, the Laor Ariters, and
other persons desi"nated or commissioned $ the
14
!hairman of the !ommission, shall have the power
to administer oath on all matters or proceedin"s
related to the performance of their duties.
&'!()*N 8. A!!'&& (* !*::)&&)*N #'!*#D&. .
All official records of the !ommission shall e open
to the pulic durin" re"ular office hours, e5cept
those kept $ it in the nature of confidential reports,
records or communications which cannot e divul"ed
without violatin" private ri"hts or pre4udicin" the
pulic interest. :inutes of hearin"s or sessions ma$
not e divul"ed until after promul"ation of the
decision or resolution.
RULE XIV
ADMINISTRATIVE SANCTIONS
&ection 1. ):P*&)()*N *+ +)N'&. (he !ommission
and Laor Ariters, $ authorit$ of the !hairman,
ma$ after hearin", impose administrative fines which
shall not e less than +ive ,undred Pesos 2P>00.003
nor more than (en (housand Pesos 2P10,000.003 to
ensure compliance with decisions, orders or awards.
(he imposition thereof ma$ e enforced throu"h
issuance of a writ of e5ecution. 2n3
RULE XV
EFFECTIVITY
&'!()*N 1. '++'!()=)(7. . (hese #ules shall take
effect fifteen 21>3 da$s after pulication in two 223
newspapers of "eneral circulation.
<'#A#D* !. N*<#AL'&, !hairman, #A-L (.
AJ-)N*, Presidin" !ommissioner, AL'K A. L*P'M,
Presidin" !ommissioner, ,'#:)N)* =. &-'L*,
Presidin" !ommissioner, L'*NA#D* L. L'*N)DA,
Presidin" !ommissioner, 9'N'D)!(* #. PALA!*L,
Presidin" !ommissioner, =)*L'(A *. 9AN(-<,
Presidin" !ommissioner, 9A#)*.#*D :. (AL*N,
Presidin" !ommissioner, P'#L)(A 9. ='LA&!*,
!ommissioner, #*:'* L. <*, !ommissioner,
('#'&)(A D. !A&()LL*N.L*#A, !ommissioner,
NAP*L'*N :. :'N'&', !ommissioner, <#'<*#)*
*. 9)L*<, !ommissioner, PA9L* !. '&P)#)(-, F#.,
!ommissioner, )&A9'L <. PAN<AN)9AN*#()<-'##A,
!ommissioner, N)'='& '. =)=A#.D' !A&(#*,
!ommissioner, N-:'#)AN* D. =)LL'NA,
!ommissioner, AN<'L* AN< PALANA, !ommissioner,
:'#!'D'& #. P*&ADA.LA!AP, !ommissioner,
D*L*#'& :. P'#AL(A.9'L'7, !ommissioner,
A-#'L)* D. :'NM*N, !ommissioner, F-L)' !.
#'ND*J-', !ommissioner, P#*!-L* (. &A#:'N,
!ommissioner, D*:)NAD*# 9. :'D#*&*, F#.,
!ommissioner
Attested $% +L*!'#+)DA (. (#)N)DAD, '5ecutive
!lerk of !ourt )=
Pulished in :ala$a on Ful$ 22, 2011 and (he Dail$
(riune on Ful$ 26, 2011


15