NATIONAL LABOR RELATIONS
COMMISSION (NLRC)
• ARTICLE 220: The NLRC is an administrative
body with quasi-judicial functions, and the
principal government agency that hears and
decides labor-management disputes. It is
attached to the DOLE for program and policy
coordination only.
Composition of NLRC
1. One (1) Chairman
2. Twenty-three (23) Commissioners
Note: Eight members each shall be chosen only
from among the nominees of the workers and
employers organization. The Chairman and the 7
remaining members shall come from among the
incumbent Labor Arbiters
Commission en banc
• The commission shall sit en banc only for
purposes of :
– Promulgating rules and regulations governing the
hearing and disposition of cases before the
divisions and regional arbitration branches; and
– Formulation of policies affecting its administration
and operations
Article 221: Headquarters, Branches,
and Provincial Extension units
• The commission and its first, second, third,
fourth, fifth, sixth divisions shall have their
main offices in Metropolitan Manila and the
seventh and eight division in the cities of Cebu
and Cagayan De Oro.
Divisions
• Eight (8) Divisions
– 1. Six (6) divisions for Luzon
– 2. One (1) division from Visayas -Cebu
– 3. One (1) Division for Mindanao- Cagayan De Oro
Composition of a Division
• 1. One (1) presiding Commissioner(Public
Sector)
• 2. Two (2) members (workers and employers
sector)
The members nominated by the workers and
employers organization shall divest themselves
of any affiliation with, or interest in the
federation or association to which they belong.
National Labor Relations Commission NLRC
• Jurisdiction of Labor Arbiters
Dismissal • Rule 5, Sec. 1 of 2011 NLRC Rules of Procedure
• Filing and Service of Pleadings
File Before NLRC
Complaint Section
• Rule 2, Sec. 3 of 2011 NLRC Rules of Procedure
• Issuance of Summons
Issuance of
Summons
• Rule 5, Sec. 3 of 2011 NLRC Rules of Procedure
RULE 5, SEC.1
• SECTION 1. JURISDICTION OF LABOR ARBITERS. – Labor Arbiters shall have original
and exclusive jurisdiction to hear and decide the following cases involving all
workers, whether agricultural or non- agricultural:
(a) Unfair labor practice cases;
(b) Termination disputes;
(c) 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;
(d) Claims for actual, moral, exemplary and other forms of damages arising from employer-
employee relations;
(e) Cases arising from any violation of Article 264 (now 279) of the Labor Code, as amended,
including questions involving the legality of strikes and lockouts;
(f) Except claims for employees compensation not included in the next succeeding 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;
(g) Wage distortion disputes in unorganized establishments not voluntarily settled
by the parties pursuant to Republic Act No. 6727;
(h) Enforcement of compromise agreements when there is non- compliance by
any of the parties pursuant to Article 227 (now 233) of the Labor Code, as
amended;
(i) 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 of RA 8042, as amended by RA 10022; and
(j) Other cases as may be provided by law.
Cases arising from the interpretation or implementation of collective bargaining
agreements and those arising from the interpretation or enforcement of
company personnel policies shall be disposed of by the Labor Arbiter by referring
the same to the grievance machinery and voluntary arbitration, as may be
provided in said agreements.
National Labor Relations Commission NLRC
• Jurisdiction of Labor Arbiters
Dismissal • Rule 5, Sec. 1 of 2011 NLRC Rules of Procedure
• Filing and Service of Pleadings
File Before NLRC
Complaint Section
• Rule 2, Sec. 3 of 2011 NLRC Rules of Procedure
• Issuance of Summons
Issuance of
Summons
• Rule 5, Sec. 3 of 2011 NLRC Rules of Procedure
RULE 2, SEC. 3
• SECTION 3. FILING AND SERVICE OF PLEADINGS. – All
pleadings in connection with a case shall be filed with the
appropriate docketing unit of the Regional Arbitration
Branch or the Commission, as the case may be.
• In the event that the pleadings are filed through registered
mail or courier authorized by the Commission, the date of
mailing shall be considered as the date of filing thereof. (En
Banc Resolution No. 05-14, Series of 2014)
• The party filing a pleading shall serve the opposing parties
with a copy and its supporting documents. No pleading
shall be considered without proof of service to the
opposing parties except if filed simultaneously during a
schedule set before the Labor Arbiter.
National Labor Relations Commission NLRC
• Jurisdiction of Labor Arbiters
Dismissal • Rule 5, Sec. 1 of 2011 NLRC Rules of Procedure
• Filing and Service of Pleadings
File Before NLRC
Complaint Section
• Rule 2, Sec. 3 of 2011 NLRC Rules of Procedure
• Issuance of Summons
Issuance of
Summons
• Rule 5, Sec. 3 of 2011 NLRC Rules of Procedure
RULE 5, SEC. 3
• SECTION 3. ISSUANCE OF SUMMONS. – Within
two (2) days from receipt of a complaint or
amended complaint, the Labor Arbiter shall
issue the required summons, attaching
thereto a copy of the complaint or amended
complaint and its annexes, if any. The
summons shall specify the date, time and
place of the mandatory conciliation and
mediation conference in two (2) settings.
• Mandatory Conciliation and Mediation Conference
Mandatory
• Rule 5, Sec. 8 of 2011 NLRC Rules of Procedure
Conference
• Effect of Failure of Settlement
• Non-Appearance of Parties
No settlement filing • Submission of Position Paper and Reply
of position paper
and reply
• Rule 5 Secs. 9, 10, and 12 of 2011 NLRC Rules of Procedure
• Submission of the case for decision
• Period to decide case
Resolution or • Finality of the Decision or Order and Issuance of Certificate of Finality
Decision of the
Labor Arbiter
• Rule 5, Section 16, 18, and 21 2011 NLRC Rules of Procedure
RULE 5, SECTION 8
SECTION 8. MANDATORY CONCILIATION AND MEDIATION CONFERENCE. – (a) The
mandatory conciliation and mediation conference shall be called for the purpose of:
• (1) amicably settling the case upon a fair compromise;
• (2) determining the real parties in interest;
• (3) determining the necessity of amending the complaint and including all causes
of action;
• (4) defining and simplifying the issues in the case;
• (5) entering into admissions or stipulations of facts; and
• (6) threshing out all other preliminary matters. The Labor Arbiter shall personally
preside over and take full control of the proceedings and may be assisted by the
Labor Arbitration Associate in the conduct thereof. Provided that, in areas where
there is no Labor Arbiter assigned, conciliation and mediation may be conducted
by a Labor Arbitration Associate, any other NLRC personnel with sufficient training
and knowledge on conciliation and mediation, authorized by the Chairman or a
duly authorized personnel of the Department of Labor and Employment (DOLE)
pursuant to any Memorandum of Agreement executed for this purpose. (As
amended by En Banc Resolution No. 05-14, Series of 2014)
• Mandatory Conciliation and Mediation Conference
Mandatory
• Rule 5, Sec. 8 of 2011 NLRC Rules of Procedure
Conference
• Effect of Failure of Settlement
• Non-Appearance of Parties
No settlement filing • Submission of Position Paper and Reply
of position paper
and reply
• Rule 5 Secs. 9, 10, and 12 of 2011 NLRC Rules of Procedure
• Submission of the case for decision
• Period to decide case
Resolution or • Finality of the Decision or Order and Issuance of Certificate of Finality
Decision of the
Labor Arbiter
• Rule 5, Section 16, 18, and 21 2011 NLRC Rules of Procedure
Rule 5, Section 6
• SECTION 9. EFFECT OF FAILURE OF
SETTLEMENT. – If the parties fail to agree on
an amicable settlement, either in whole or in
part, during the mandatory conciliation and
mediation conference, the Labor Arbiter or
the said duly authorized personnel shall
proceed to the other purposes of the said
conference as enumerated in Section 8(a)
hereof. (4a) (As amended by En Banc
Resolution No. 05-14, Series of 2014)
RULE 5, SEC. 10
• SECTION 10. NON-APPEARANCE OF PARTIES. – The non-
appearance of the complainant or petitioner during the
two (2) settings for mandatory conciliation and mediation
conference scheduled in the summons, despite due notice
thereof, shall be a ground for the dismissal of the case
without prejudice. Where by motion, proper justification is
shown to warrant the re-opening of the case, the Labor
Arbiter shall call a second hearing and continue the
proceedings until the case is finally decided. Dismissal of
the case for the second time due to the unjustified non-
appearance of the complainant or petitioner who was duly
notified thereof shall be with prejudice. (As amended by En
Banc Resolution No. 06-16, Series of 2016)
• In case of non-appearance by the respondent during
the first scheduled conference, the second conference
as scheduled in the summons shall proceed. If the
respondent still fails to appear at the second
conference despite being duly served with summons,
he/she shall be considered to have waived his/her right
to file position paper. The Labor Arbiter shall
immediately terminate the mandatory conciliation and
mediation conference and direct the complainant or
petitioner to file a verified position paper and submit
evidence in support of his/her causes of action and
thereupon render his/her decision on the basis of the
evidence on record.
RULE 5, Section 12
SECTION 12. SUBMISSION OF POSITION PAPER AND REPLY. –
(a) Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall
direct the parties to submit simultaneously their verified position
papers with supporting documents and affidavits, if any, on a date set
by him/her within ten (10) calendar days from the date of termination
of the mandatory conciliation and mediation conference.
(b) No amendment of the complaint or petition shall be allowed after
the filing of position papers, unless with leave of the Labor Arbiter.
(c) The position papers of the parties shall cover only those claims and
causes of action stated in the complaint or amended complaint,
accompanied by all supporting documents, including the affidavits of
witnesses, which shall take the place of their direct testimony,
excluding those that may have been amicably settled.
• (d) Within ten (10) days from receipt of the
position paper of the adverse party, a reply
may be filed on a date agreed upon and
during a schedule set before the Labor Arbiter.
The reply shall not allege and/or prove facts
and any cause or causes of action not referred
to or included in the original or amended
complaint or petition or raised in the position
paper.
• Mandatory Conciliation and Mediation Conference
Mandatory
• Rule 5, Sec. 8 of 2011 NLRC Rules of Procedure
Conference
• Effect of Failure of Settlement
• Non-Appearance of Parties
No settlement filing • Submission of Position Paper and Reply
of position paper
and reply
• Rule 5 Secs. 9, 10, and 12 of 2011 NLRC Rules of Procedure
• Submission of the case for decision
• Period to decide case
Resolution or • Finality of the Decision or Order and Issuance of Certificate of Finality
Decision of the
Labor Arbiter
• Rule 5, Section 16, 18, and 21 2011 NLRC Rules of Procedure
RULE 5, SECTION 16
• SECTION 16. SUBMISSION OF THE CASE FOR
DECISION. – Upon the submission by the parties
of their position papers or replies, or the lapse of
the period to submit the same, the case shall be
deemed submitted for decision unless the Labor
Arbiter calls for a hearing or clarificatory
conference in accordance with Section 12 and
14(a) of this Rule, in which case, notice of hearing
or clarificatory conference shall be immediately
sent to the parties. Upon termination of the said
hearing or conference, the case is deemed
submitted for decision.
RULE 5, SECTION 18
• SECTION 18. PERIOD TO DECIDE CASE. – The
Labor Arbiter shall render his/her decision
within thirty (30) calendar days, without
extension, after the submission of the case by
the parties for decision, even in the absence
of stenographic notes: Provided, however,
that cases involving overseas Filipino workers
shall be decided within ninety (90) calendar
days after the filing of the complaint
RULE 5, SECTION 21
SECTION 21. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF
CERTIFICATE OF FINALITY. –
(a) Finality of the Decision or Order of the Labor Arbiter. – If no appeal is filed with the
Regional Arbitration Branch of origin within the time provided under Article 223 (now
229) of the Labor Code, as amended, and Section 1, Rule VI of these Rules, the
decision or order of the Labor Arbiter shall become final and executory after ten (10)
calendar days from receipt thereof by the counsel or authorized representative or the
parties if not assisted by counsel or representative. (As amended by En Banc
Resolution No. 11-12, Series of 2012)
(b) Certificate of Finality. – Upon expiration of the period provided in paragraph (a) of
this Section, the Labor Arbiter shall issue a certificate of finality.
In the absence of return cards, certifications from the post office or courier authorized
by the Commission or other proofs of service to the parties, the Labor Arbiter may
issue a certificate of finality after sixty (60) calendar days from date of mailing. (n) (As
amended by En Banc Resolution No. 05-14, Series of 2014)
• Periods of Appeal
• Grounds for Appeal
• Where Filed
Appeal to the NLRC • Requisites for Perfection of Appeal
• Rule 6, Secs. 1, 2, 3, and 4
• Finality of Decision of the Commission and Entry of Judgment
Decision of the • Rule VII, Sec. 14
NLRC
• Motions for Reconsideration
Motion for
Reconsideration of
• Rule VII, Sec. 15
MR
RULE 6, SECTION 1
SECTION 1. PERIODS OF APPEAL. – Decisions, awards, or
orders of the Labor Arbiter shall be final and executory unless
appealed to the Commission by any or both parties within ten
(10) calendar days from receipt thereof; and in case of
decisions or resolutions of the Regional Director of the
Department of Labor and Employment (DOLE) pursuant to
Article 129 of the Labor Code, as amended, within five (5)
calendar days from receipt thereof. If the 10th or 5th day, as
the case may be, falls on a Saturday, Sunday or holiday, the
last day to perfect the appeal shall be the first working day
following such Saturday, Sunday or holiday.
No motion or request for extension of the period within which
to perfect an appeal shall be allowed.
RULE 6, SECTION 2
SECTION 2. GROUNDS. – The appeal may be entertained
only on any of the following grounds:
(a) If there is prima facie evidence of abuse of discretion
on the part of the Labor Arbiter or Regional Director;
(b) If the decision, award or order was secured through
fraud or coercion, including graft and corruption;
(c) If made purely on questions of law; and/or,
(d) If serious errors in the findings of facts are raised
which, if not corrected, would cause grave or irreparable
damage or injury to the appellant. (2a)
RULE 6, SECTION 3
SECTION 3. WHERE FILED. – The appeal shall be
filed with the Regional Arbitration Branch or
Regional Office where the case was heard and
decided.
RULE 6, SECTION 4
SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. – (a) The appeal shall
be:
(1) filed within the reglementary period provided in Section 1 of this 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:
– (i) proof of payment of the required appeal fee and legal research fee,
– (ii) posting of a cash or surety bond as provided in Section 6 of this Rule, and
– (iii) proofofserviceupontheotherparties.
(b) A mere notice of appeal without complying with the other requisites
aforestated shall not stop the running of the period for perfecting an appeal.
(c) The appellee may file with the Regional Arbitration Branch or Regional
Office where the appeal was filed his/her answer or reply to appellant's
memorandum of appeal, not later than ten (10) calendar days from receipt
thereof. Failure on the part of the appellee who was properly furnished with a
copy of the appeal to file his/her answer or reply within the said period may
be construed as a waiver on his/her part to file the same.
(d) Subject to the provisions of Article 218 (now 225) of the Labor Code, as
amended, once the appeal is perfected in accordance with these Rules, the
Commission shall limit itself to reviewing and deciding only the specific issues
that were elevated on appeal.
• Periods of Appeal
• Grounds for Appeal
• Where Filed
Appeal to the NLRC • Requisites for Perfection of Appeal
• Rule 6, Secs. 1, 2, 3, and 4
• Form of Decision, Resolution and Order
Decision of the
NLRC • Rule VII, Sec. 13
• Motions for Reconsideration
Motion for
Reconsideration of
MR
• Rule VII, Sec. 15
RULE 7, SECTION 13
SECTION 13. FORM OF DECISION, RESOLUTION
AND ORDER. – The decision, resolution and
order of the Commission shall state clearly and
distinctly the findings of facts, issues, and
conclusions of law on which it is based, and the
relief granted, if any. If the decision, resolution
or order involves monetary awards, the same
shall contain the specific amount awarded as of
the date the decision is rendered.
• Periods of Appeal
• Grounds for Appeal
• Where Filed
Appeal to the NLRC • Requisites for Perfection of Appeal
• Rule 6, Secs. 1, 2, 3, and 4
• Finality of Decision of the Commission and Entry of Judgment
Decision of the • Rule VII, Sec. 14
NLRC
• Motions for Reconsideration
Motion for
Reconsideration of
• Rule VII, Sec. 15
MR
RULE 7, SECTION 15
• SECTION 15. MOTIONS FOR RECONSIDERATION. –
Motion for reconsideration of any decision,
resolution or order of the Commission shall not
be entertained except when based on palpable or
patent errors; provided that, the motion is filed
within ten (10) calendar days from receipt of
decision, resolution or order, with proof of
service that a copy of the same has been
furnished, within the reglementary period, the
adverse party; and provided further, that only
one such motion from the same party shall be
entertained.
• Finality of the decision
of the commission and
entry of judgment
Decision is Final
• Rule 7, Sec. 14
and Executory
RULE 7, SEC. 14
• SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND ENTRY OF
JUDGMENT. – (a) Finality of the Decisions, Resolutions or Orders of the
Commission. – Except as provided in Section 9 of Rule X, the decisions, resolutions
or orders of the Commission shall become final and executory after ten (10)
calendar days from receipt thereof by the counsel or authorized representative or
the parties if not assisted by counsel or representative.
• (b) Entry of Judgment. – Upon the expiration of the ten (10) calendar day period
provided in paragraph (a) of this Section, the decision, resolution, or order shall be
entered in a book of entries of judgment.
• In the absence of return cards, certifications from the post office or the courier
authorized by the Commission or other proofs of service to the parties, the
Executive Clerk or Deputy Executive Clerk shall consider the decision, resolution or
order as final and executory after sixty (60) calendar days from date of mailing.
(14a) (As amended by En Banc Resolution No. 05-14, Series of 2014)
EXECUTION OF DECISIONS OF THE NLRC
FORWARDED TO JUDGEMENT NOT SATISTIFIED:
FINALITY OF PRE-EXECUTION
THE LABOR LABOR ARBITER MAY ISSUE A
DECISION CONFERENCE
ARBITER OF ORIGIN WRIT OF EXECUTION
RULE 11, SECTION 1
SECTION 1. EXECUTION UPON FINALITY OF DECISION OR
ORDER. –
(a) A writ of execution may be issued motu proprio or on
motion, upon a decision or order that has become final
and executory.
(b) If an appeal has been duly perfected and finally resolved
by the Commission, a motion for execution may be filed
before the Labor Arbiter, when the latter has possession of
the case records or upon submission of certified true copies of
the decisions or final order/s sought to be enforced including
notice of decision or order and the entry of judgment, copy
furnished the adverse party.
• (c) Except that, as provided for in Section 19 of
Rule V in relation to Section 9 of this Rule, and
in those cases where partial execution is
allowed by law, the Labor Arbiter shall retain
duplicate original copies of the decision to be
implemented and proof of service thereof for
the purpose of immediate enforcement.
EXECUTION OF DECISIONS OF THE NLRC
FORWARDED TO JUDGEMENT NOT SATISTIFIED:
FINALITY OF PRE-EXECUTION
THE LABOR LABOR ARBITER MAY ISSUE A
DECISION CONFERENCE
ARBITER OF ORIGIN WRIT OF EXECUTION
RULE 11, SECTION 6
• SECTION 6. PRE-EXECUTION CONFERENCE. – Within
two (2) working days from receipt of a motion for the
issuance of a writ of execution which shall be
accompanied by a computation of a judgment award, if
necessary, the Commission or the Labor Arbiter may
schedule a pre-execution conference to thresh out
matters relevant to execution including the final
computation of monetary award. The pre-execution
conference shall not exceed fifteen (15) calendar days
from the initial schedule, unless the parties agreed to
an extension. Any order issued by the Labor Arbiter in
the pre-execution conference is not appealable, subject
to the remedies available under Rule XII
EXECUTION OF DECISIONS OF THE NLRC
FORWARDED TO JUDGEMENT NOT SATISTIFIED:
FINALITY OF PRE-EXECUTION
THE LABOR LABOR ARBITER MAY ISSUE A
DECISION CONFERENCE
ARBITER OF ORIGIN WRIT OF EXECUTION
RULE 11, SECTION 7
• SECTION 7. ISSUANCE, CONTENTS AND EFFECTIVITY OF A WRIT OF
EXECUTION. – The writ of execution shall issue in the name of the
Republic of the Philippines signed by the Commission or Labor
Arbiter ordering the Sheriff to execute the decision, order, or award
of the Commission or Labor Arbiter, and must contain the complete
name of the party, whether natural or juridical, against whom the
writ of execution was issued, the dispositive portion thereof, the
amount, if any, to be demanded, and all legal fees to be collected
from the losing party or any other person required by law to obey
the same.
• A writ of execution shall be effective for a period of five (5) years
from date of entry of judgment or issuance of certificate of finality.
(3a) (As amended by En Banc Resolution No. 06-18, Series of 2018)
RULE 11, SECTION 8
• SECTION 8. ENFORCEMENT OF WRIT OF
EXECUTION. – In executing a decision, resolution
or order, the Sheriff, or other authorized officer
acting as Sheriff of the Commission, shall serve
the writ within three (3) days from receipt of the
same, subject to the requirements of Sections 15
and 16 of this Rule and shall be guided strictly by
these Rules and by the Manual on Execution of
Judgment, which shall form part of these Rules.
In the absence of applicable rules, the Rules of
Court, as amended, shall be applied in a
suppletory manner.
