1.

Give at least 3 cases falling under the Original and Exclusive jurisdiction of
the Labor Arbiter.

Answer :
Unfair labor practice cases;
Termination disputes;
If accompanied with a claim for reinstatement, those cases that workers may
file involving wages, rates of pay, hours of work and other terms and
conditions of employment;
Claims for actual, moral, exemplary and other forms of damages arising from
employer-employee relations;
Cases arising from any violation of Article 264 of the Labor Code, as
amended, including questions involving the legality of strikes and lockouts;
Except claims for employees compensation not included in the next
succeesing paragraph, social security, medicare, and maternity benefits, all
other
claims arising from employer-employee relations, including those of persons
in domestic or household service, involving an amount exceeding Five
Thousand Pesos (P5,000.00), whether or not accompanied with a claim for
reinstatement;
Wage distortion disputes in unorganized establishments not voluntarily
settled by the parties pursuant to Republic Act No. 6727;
Enforcement of compromise agreements when there is non-compliance by
any of the parties pursuant to Article 227 of the Labor Code, as
amended;
Money claims arising out of employer-employee relationship or by virtue of
any law or contract, involving Filipino workers for overseas deployment,
including claims for actual, moral, exemplary and other forms of damages as
provided by Section 10, Republic Act No. 8042, as amended by Republic
Act No. 10022; and
Other cases as may be provided by law.

2. Give at least 3 cases falling under the exclusive and original jurisdiction of
the NLRC as a commission
Answer:
Cases certified to it for compulsory arbitration by the Secretary of Labor
Injunction cases
Contempt cases
Verified petition
3. Original and exclusive jurisdiction over money claims arising from the
interpretation or implementation of the Collective Bargaining Agreement is
properly vested in ________.
Answer

Voluntary Arbitrator or Panel of Voluntary Arbitrators

4. If a Kasambahay has a money claim arising from employee-employer

relations exceeding five thousand pesos, the jurisdiction is vested in ________.
Answer:
Regardless of the amount, DOLE regional directors shall have jurisdiction as
per Batas Kasambahay.
5. True or False: The labor arbiters may issue an injunction or a restraining order
only as an incident to the cases pending before them in order to preserve the
rights of the parties during the pendency of the cases. Briefly explain your
answer.
Suggested Answer:
False, the labor code, particularly Art 218, limits the grant of injunctive power
to the Commission EN BANC or any of its divisions. The labor arbiter is
statutorily excluded.
6. Enumerate at least 3 cases falling under the EXCLUSIVE APPELLATE
jurisdiction of the NLRC as a commission
Answer:
Cases decided by the Labor Arbiter;
Cases decided by the Regional Directors or hearing officers on small money
claims;
Cases of national interest certified to by the Secretary of Labor;
Petitions for injunctions or temporary restraining order under Article 218 (e)
of the Labor Code, as amended; and
Petition to annul or modify the order or resolution (including those issued
during execution proceedings) of the Labor Arbiter.

7. True or False: The jurisdiction of Labor Arbiters is limited to claims arising

from employee-employer relationships.
Suggested Answer:
False, the labor arbiters has jurisdiction not only to claims arising from ee-er
relationship but also on the basis of any law or contract involving Filipino
workers for overseas employment including claims for damages
8. Briefly discuss the concept of Conciliation, Arbitration, and Mediation
separately and differentiate them from one another.
9. What is a compromise agreement?
Answer:
It is a contract whereby the parties by making reciprocal concessions, avoid
litigation or put an end to one already commenced.

10.State the rule with respect to the power of the regional trial court to issue
injunction directed to NLRC or Labor Arbiter. Is the rule absolute? Support
your answer.
The general rule is RTC may not issue writ of injunction directed to NLRC or
Labor Arbiter with respect to matters incidental to the enforcement of the
decision or awards in labor cases by appropriate officers.
This rule however admits of an exception, that is, the writ of injunction issued
by the RTC shall lie if the action being enjoined is based on a case separate
and distinct to a labor case before the NLRC. To put it simply, if the issuance
of the writ of injunction is based on a separate and distinct cause of action
commenced by a third party which falls within the jurisdiction of the RTC , the
injunction will lie.
11.True or False: The parties in a labor dispute have to undergo conciliation
proceedings before the barangay pursuant to PD No. 1508 / Katarungang
Pambarangay. Explain your answer.
Suggested Answer:
False, Katarungang Pambarangay is applicable only to courts of Justice and
not to labor reelations commissions or labor arbitrators offices.
12.True or False: The parties In a labor dispute can still enter into a compromise
agreement even when there is already a final executory judgment. Support
your answer.
True, the parties are free to enter into compromise agreement before, during
or even after the court has rendered its decision.
13.True or False: Quasi-judicial bodies like the NLRC are required to strictly
observe technical rules of procedure in the adjudication of cases.
No, strict observance of the rule is not required such as when the same would
perpetuate injustices to be committed. However, this does not mean that
quasi-judicial bodies can all together do away with the procedural rules for
the simple reason that the same were created to protect the rights of all the
parties in a given proceeding.
14.Enumerate at least 3 powers of the NLRC as a commission.
Rule-making power
Visitorial power
Issue compulsory processes
Contempt power
15.True or False: The decisions of Voluntary Arbitrator, Secretary of Labor and
BLR director are appealable to the NLRC. If your answer is false, state which
court has jurisdiction over such decisions.
False, appealable to CA.

16.Identify which among the NLRC, Labor Arbiter and DOLE has jurisdiction over
the following instances:

If a complaint is brought before the DOLE to give effect to the labor

standards provisions of the Labor Code or other labor legislation, and
there is a finding by the DOLE that there is an existing employeremployee relationship, jurisdiction is properly vested in
_________________
DOLE
If DOLE finds that there is no existing employee-employer relationship,
jurisdiction is properly vested in ___________.
NLRC
If a complaint is filed with the DOLE, and it is accompanied by a claim
for reinstatement, the jurisdiction is properly with the _______________.
Labor Arbiter
17.Fill In the blank: A temporary restraining order, if issued at all in a petition for
injunction, is valid only for __ days and becomes void ipso facto at the end of
that period.
20 days
18.True or False : In an industry indispensable to the national interest, the
assumption of jurisdiction by the Secretary of Labor shall have the effect of
enjoining an impending strike or if one has already occurred, the striking
employees shall immediately return to work and the employer shall resume
operations and readmit all workers.
True
19.The general rule is, Non-lawyers may not appear before the commission or
any Labor Arbiter. What are the 2 recognized exceptions to this?
If they represent themselves
If they represent their organizations or members thereof
20.In case of a judgment involving a monetary award, what is the condition
necessary in order for the employer to perfect his appeal?
There must be a posting of cash bond in the amount determined by the
commission. It can be in the form of cash deposit or surety deposit
21.True or False : The decision of the Labor Arbiter reinstating a dismissed
employee shall be suspended pending resolution of the appeal made by the
employer.
False, the order of reinstatement shall not be suspended. The employer
has 2 options; 1st, to admit the employee back to work; 2nd, to reinstate
him in the payroll

22.True or False : Motion or request for extension of the period within which to
perfect an appeal shall be allowed following the rule that quasi-judicial bodies
like NLRC are not bound to strictly observe procedural rules and that the
same should not be used to defeat justice.
False, for extensions to perfect an appeal this must be strictly complied
with. Strict compliance with the rule is both mandatory and imperative

23.Give at least 2 grounds of appeal.

If made purely on question sof law
Decision or resolution was secured through fraud or coercion, including
graft and corruption
Serious errors in the findings of fact which if not raised would cause
irreparable injury or damage
Grave abuse of discretion on the part of labor arbiter or regional
director.
24.State the rule on privilege speech during conciliation proceedings.
That information and statements made at conciliation proceedings shall be
treated as privileged communication meaning, the same shall not be used
as evidence in the commission. In simpler terms, whatever is discussed in the
conciliation proceedings shall remain there.
25.True or False : A second motion for reconsideration may be entertained by
NLRC if it is made under strong considerations of equity.
False, it would amount to grave abuse of discretion for the reason that
under NLRC rules such motion cannot be allowed.