1.

In case of money claims under Article 128, there is no limit to the amount of
money claim involved in order for the Regional Director to validly exercise his
power because the amount of 5,000 is not a limitation on the enforcement power
but on the adjudicatory (recovery ) power provided under Art 129 of the LC
2. The effect if while the ROD is exercising its power under Article 128 and found
out that the employee-employer relationship no longer exist is the case, whether
accompanied by an allegation of illegal dismissal, shall immediately be endorsed
by the Regional Director to the appropriate branch of the National Labor
Relations Commission (NLRC). Thus, the dismissal of the complaint against
petitioner is proper.
3. The cause of action under Article 129 of the Labor Code is the existence of an
employer-employee relationship. This requirement of employee-employer
relationship is jurisdictional for the provisions of the Labor Code, specifically
Book VI thereof, on Post-Employment, toc apply.
4. The kind of power that is vested by the law to the Labor arbiter under article 224
of the LC is
5. The doctrine of reasonable causal connection rule provides that Under the
reasonable causal connection rule, if there is a reasonable causal connection
between the claim asserted and the employer-employee relations, then the case
is within the jurisdiction of our labor courts. In the absence of such nexus, it is the
regular courts that have jurisdiction.
6. The termination disputes that do not fall under the jurisdiction of the Labor Arbiter
are money claims of workers which do not arise out of or in connection with their
employer-employee relationship, and which would therefore fall within the
general jurisdiction of the regular courts of justice, were intended by the
legislative authority to be taken away from the jurisdiction of the courts and
lodged with Labor Arbiters on an exclusive basis.38 hen the claim for damages is
grounded on the "wanton failure and refusal" without just cause of an employee
to report for duty despite repeated notices served upon him of the disapproval of
his application for leave ofabsence, the same falls within the purview of Civil Law
7. The la has no jurisdiction despite the existence of employer-emplyee relationship
are
8. The secretary of labor and the labor arbiter can take cognizance in the case of

No. 8.
What is the case whose jurisdiction can be taken cognizance of by the Secretary of
Labor and the Labor Arbiter?
In case when, in the opinion of the Secretary of Labor, there exist a labor dispute
causing or likely to cause a strike or lock-out in an industry indispensable to the national
interest, the Secretary of Labor and employment has concurrent jurisdiction over those
cognizable by the Labor Arbiter under Art. 278(g) of the Labor Code which is an
exercise of the assumption or the pre-emptive power.
No. 9.
Distinguish the LAs jurisdiction and that of Voluntary Arbitrators.
Jurisdiction over termination disputes belongs to Labor Arbiters and not with the grievance machinery or Voluntary
Arbitrator. Under Article 262, the Voluntary Arbitrator may assume jurisdiction only when agreed upon by the parties.
Policy Instructions No. 56 issued by DOLE Secretary Confesor clarifying the jurisdiction of Labor Arbiters and
Voluntary Arbitrations does not apply. It reiterated the ruling that dismissal is not a grievable issue.
The Labor Arbiters shall have original and exclusive jurisdiction to hear and decide
cases of:
1. Unfair labor practice cases;
2. Termination disputes;
3. 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;
4. Claims for actual, moral, exemplary and other forms of damages arising from the
employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts; and
6. Except claims for Employees Compensation, 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) regardless of whether accompanied with a claim for reinstatement.
However, the jurisdiction of Voluntary Arbitrators is limited only to cases arising from the
interpretation or implementation of collective bargaining agreements and those arising
from the interpretation or enforcement of company personnel policies referred and
disposed of by the Labor Arbiter to the former as may be provided in said agreements.
No. 10.
Can Voluntary Arbitrator assume jurisdiction over termination disputes of an employee?
Yes. As a general rule, the labor arbiter has exclusive and original jurisdiction over
termination disputes. However, termination cases arising from interpretation and
implementation of the collective bargaining agreement belong to the voluntary
arbitrators. (Atlas Farms, Inc. v. NLRC, G. R. No. 142244)

11. Explain the nature of the jurisdiction of the Labor Arbiter

The jurisdiction is original and exclusive in nature. Labor Arbiters have

no appellate jurisdiction.
 Original jurisdiction refers to the power of the Labor Arbiter to take judicial
cognizance of labor cases instituted for judicial action for the first time
under conditions provided by law. Exclusive jurisdiction means that it has
power to adjudicate a case or proceeding to the exclusion of other courts
at that stage.

12. Who has jurisdiction over money claims arising from a Collective
Bargaining Agreement?

The Grievance Machinery has the jurisdiction over money claims arising from
Collective Bargaining agreement.
Cases falling under the jurisdiction of the Grievance Machinery are the
following: 1. the interpretation or implementation of the Collective Bargaining
Agreement (CBA); and 2. the interpretation or enforcement of company
personnel policies.

13. Distinguish the reinstatement ordered by the LA from that of issued by the
NLRC

A writ of execution is not necessary to implement the reinstatement order

issued by a Labor Arbiter upon a finding of illegality of dismissal since it is self-
executory, however, if the reinstatement order is issued by the NLRC on appeal,
there is a need to secure a writ of execution from the Labor Arbiter a quo to
enforce the reinstatement of the employee.

14. Suppose the LA ordered the reinstatement of the Employee while the employer
appeals the decisions of the LA, what are the remedies/options of the Employer?
Answer:
The employer is given under the law two (2) options on reinstatement:
1. Actual reinstatement – the employer is restored to his former position under the same
terms and conditions of employment prevailing prior his dismissal. Here, the employee
performs his job and he is paid his compensation.
2. Payroll reinstatement – reinstatement of the employee in the payroll of the company
without requiring him to report back for work, but he receives his compensation.
15. Based on Number 14, can the employee insist on his right to choose what remedy
should be taken since there is order of reinstatement?
Answer:
No, it is the employer which is given by the law the option as to the option of
reinstatement. However, the Rules require the employer to notify the employee of his
choice of option.
Indeed, there is a violation of the labor-law principle of “fair-days” wage for fair-day’s
labor but that is the mandate of the law. Although it is harsh, it should be implemented
on the basis of the legal maxim “dura lex sed lex.” (Mao ni explanation sa book)
16. What is the effect if the employer fails to reinstate the employee despite the order of
reinstatement?
Answer:
Thus, until the employer continuously fails to actually implement the reinstatement
aspect of the decision of the labor arbiter, their obligations to respondents, in so far as
accrued backwages and other benefits are concerned, continue to accumulate. It is only
when the illegally dismissed employee received the separation. It is only when the
illegally dismissed employee received the separation pay that it could be claimed with
certainty that the employer-employee relationship has formally ceased thereby
precluding the possibility of reinstatement. In the meantime, the illegally dismissed
employee’s entitlement to backwaages, 1th month pay, and other benefits subsists.
Until the payment of separation pay is carried out, the employer should not be allowed
to remain unpunished for the delay, if not outright refusal, to immediately execute the
reinstatement aspect of the labor arbiter’s decision.

17)

What are the grounds to appeal the decision of LA?

Answer:

There are four (4) grounds, to wit:

A) If there is a prima facie evidence of abuse of discretion on the part of the Labor
Arbiter:
B) If the decision, order or award was secured through fraud or coercion, including
graft and corruption;
C) If made purely on questions of law; and
D) If serious errors in the finding of facts are raised which would cause grave or
irreparable damage or injury to the appellant.

18) What are the requisites to perfect the appeal from the decision of the Labor
Arbiter?

Answer:

The appeal shall be: (

1) filed within the reglementary period provided in Section 1 of the Rule;

(2) verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the
Rules of Court, as amended;

(3) in the form of a memorandum of appeal which shall state the grounds relied upon
and the arguments in support thereof, the relief prayed for, and with a statement of the
date the appellant received the appealed decision, award or order;

(4) in three (3) legibly typewritten or printed copies; and

(5) accompanied by proof of payment of the required appeal fee and legal research fee,
posting of a cash or surety bond as provided in Section 6 of this Rule, and proof of
service upon the other parties.

19) What are the cases falling under the exclusive jurisdiction of the NLRC?

Answer:

2. Exclusive appellate jurisdiction:

All cases decided by the Labor Arbiters including contempt cases; and
Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers
(under Article 129) involving recovery of wages, simple money claims and other benefits
not exceeding P5,000 and not accompanied by claim for reinstatement.

20. The National Labor Relations Commission exercises two (2) kinds of jurisdiction: (1) Original jurisdiction; and
(2) Exclusive appellate jurisdiction.

1. Original jurisdiction:

1. Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened commission of any or all
prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not
restrained or performed forthwith, may cause grave or irreparable damage to any party;
2. Injunction in strikes or lockouts under Article 264 of the Labor Code; and
3. Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national
interest, certified to it by the Secretary of Labor and Employment for compulsory arbitration.

2. Exclusive appellate jurisdiction:

1. All cases decided by the Labor Arbiters including contempt cases; and
 2. Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under Article 129)
involving recovery of wages, simple money claims and other benefits not exceeding P5,000 and not
accompanied by claim for reinstatement.

23. Explain the 2 kinds of illegal dismissal.

i. The dismissal was without a just or authorized cause but due process was
observed. – There is an intention on the part of the employer to dismiss the employee but
the dismissal was found to be without just and authorized cause, although the employee
was afforded with sufficient notice and adequate hearing in relation to his dismissal.

ii. The dismissal was without a just or authorized cause and due process was
not observed. – The employer intends to terminate his employee without just or
authorized cause and the former had not given any notice and hearing to the latter.

24. What are the twin requirements of notice and hearing? Explain fully.

The twin requirements of notice and hearing constitute the elements of [due]
process in cases of employee's dismissal. The requirement of notice is intended
to inform the employee concerned of the employer's intent to dismiss and the
reason for the proposed dismissal. Upon the other hand, the requirement of
hearing affords the employee an opportunity to answer his employer's charges
against him and accordingly, to defend himself therefrom before dismissal is
effected.[44] Obviously, the second written notice, as indispensable as the first, is
intended to ensure the observance of due process.

25. Explain the different kinds of termination and their different effects.

a. Dismissal for a just cause under Article 297 of the Labor Code with due process. –
The employer has just cause to terminate the employee. Hence, the termination is legal.

b. Dismissal for authorized cause under Article 298 of the Labor Code with due
process. – The employer has authorized cause to terminate the employee. Hence, the
termination is legal.
c. Dismissal for health reasons under Article 299 of the Labor Code with due process.
– When an employee suffers from a disease and his continued employment is prohibited by
law or prejudicial to his health or to the health of his co-employees, the employer shall
terminate his services. Termination is legal.

d. Dismissal without just or authorized cause with due process. - Employer terminates
the employee without just or authorized cause to do so, even if notice and hearing is
conducted. Termination is illegal. Employee is entitled to reinstatement without loss of
seniority rights and other privileges and full backwages, inclusive of allowances, and other
benefits or their monetary equivalent computed from the time the compensation was not
paid up to the time of actual reinstatement.

e. Dismissal without just or authorized cause without due process. – Such dismissal is
illegal and the law mandates that the employee is entitled to reinstatement without loss of
seniority rights and other privileges and full backwages, inclusive of allowances, and other
benefits or their monetary equivalent computed from the time the compensation was not
paid up to the time of actual reinstatement.

f. Dismissal for just or authorized cause without due process. – Where there is failure
to observe the procedural requirements, a sanction may be imposed by the court on the
employer to indemnify the dismissed employee. Termination is legal but employer is
liable to pay indemnity in the form of nominal damages.

g. Dismissal for a false or non-existent cause. – The employer does not intend to dismiss
the employee but the dismissal was effected nonetheless for a specific cause which turns
out to be non-existent. Termination is illegal and thus, reinstatement is warranted.