HIGHLIGHTSHIGHLIGHTSOFOF

THETHE 20112011 NLRCNLRC RULESRULESOFOFOFOF

PROCEDUREPROCEDURE

ASAS AMENDEDAMENDED

Rules are norms that serve asantidote to chaos. They bring inorder and preserve it. Imagine aworld where there are no rules…

UNIMAGINABLE…

WHAT IS THE MANDATORY CONCILIATION ANDWHAT IS THE MANDATORY CONCILIATION ANDMEDIATION CONFERENCE?MEDIATION CONFERENCE?

Mandatory conciliation and mediationconference shall be called for the purpose of (1)amicably setting the case upon a fair compromise;(2) determining the real parties in interest; (3)determining the necessity of amending thecomplaint 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. TheLabor Arbiter shall personally preside over and takefull control of the proceedings and may be assistedby the Labor Arbitration Associate in the conductthereof. (Section 8, Rule V)

Mandatory conciliation and mediationconference shall be called for the purpose of (1)amicably setting the case upon a fair compromise;(2) determining the real parties in interest; (3)determining the necessity of amending thecomplaint 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. TheLabor Arbiter shall personally preside over and takefull control of the proceedings and may be assistedby the Labor Arbitration Associate in the conductthereof. (Section 8, Rule V)

WHO MAY APPEAR BEFORE THE NLRC?WHO MAY APPEAR BEFORE THE NLRC?

Lawyers who are presumed to be properly authorized forthat purpose. In every case, he/she shall indicate in his/herpleadings and motions his/her Attorney’s Roll Number, aswell as his/her PTR and IBP numbers for the current yearand MCLE compliance. (Section 6, Rule III)

Lawyers who are presumed to be properly authorized forthat purpose. In every case, he/she shall indicate in his/herpleadings and motions his/her Attorney’s Roll Number, aswell as his/her PTR and IBP numbers for the current yearand MCLE compliance. (Section 6, Rule III)

WHO MAY APPEAR BEFORE THE NLRC?WHO MAY APPEAR BEFORE THE NLRC?

Can a non-lawyer appear before the NLRC?

Yes, but only under the following conditions:1) He/she represents/himself as party to the case;2) He /she represents a legitimate labor organization as defined underArticles 212 and 242 of the Labor Code, as amended which is a party tothe case. xxx3) He/she represents a member or members of a legitimate labororganization that is existing within the employer’s establishment who areparties to the case xxx.”4) He/she is a duly accredited member of any legal aid office recognizedby the Department of Justice or Integrated Bar of the Philippines.Provided that he/she presents proof of his/her accreditation andrepresents a party to the case. (Section 6, Rule III)

Can a non-lawyer appear before the NLRC?

Yes, but only under the following conditions:1) He/she represents/himself as party to the case;2) He /she represents a legitimate labor organization as defined underArticles 212 and 242 of the Labor Code, as amended which is a party tothe case. xxx3) He/she represents a member or members of a legitimate labororganization that is existing within the employer’s establishment who areparties to the case xxx.”4) He/she is a duly accredited member of any legal aid office recognizedby the Department of Justice or Integrated Bar of the Philippines.Provided that he/she presents proof of his/her accreditation andrepresents a party to the case. (Section 6, Rule III)

WHO MAY APPEAR BEFORE THE NLRC?WHO MAY APPEAR BEFORE THE NLRC?

A corporation or establishment may be represented by itsowner or its president or any other authorized person. (Section6 par. 9 as amended by En Banc Resolution No. 11-12 Series of2012)

A corporation or establishment may be represented by itsowner or its president or any other authorized person. (Section6 par. 9 as amended by En Banc Resolution No. 11-12 Series of2012)

WHAT ARE THE CASES THAT FALL WITHINWHAT ARE THE CASES THAT FALL WITHINTHE ORIGINAL JURISDICTION OFTHE ORIGINAL JURISDICTION OF

LABOR ARBITERS?LABOR ARBITERS?

a) Unfair labor practice cases;b) Termination disputes;c) If accompanied with a claim for reinstatement, those cases that workers may file involving wagesrates 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-employeerelations;e) Cases arising from any violation of Article 264 of the Labor Code, as amended including questionsinvolving the legality of strikes and lockouts;f) Except claims for employees compensation not included in the next succeeding paragraph, socialsecurity, medicare, and maternity benefits, all other claims arising from employee-employer relations,including those of persons in domestic or household service, involving an amount exceeding FiveThousand 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 partiespursuant to Republic Act No. 6727;h) Enforcement of compromise agreements when there is non-compliance by any of the partiespursuant to Article 227 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 andother forms of damages as provided by Section 10 of RA 8042, as amended by RA 10022; andj) Other cases as may be provided by law.

Cases arising from the interpretation or implementation of collective bargaining agreements andthose arising from the interpretation or enforcement of company personnel policies shall be disposedof by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration, asmay be provided in said agreements. (1a) (Section I, Rule V)

a) Unfair labor practice cases;b) Termination disputes;c) If accompanied with a claim for reinstatement, those cases that workers may file involving wagesrates 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-employeerelations;e) Cases arising from any violation of Article 264 of the Labor Code, as amended including questionsinvolving the legality of strikes and lockouts;f) Except claims for employees compensation not included in the next succeeding paragraph, socialsecurity, medicare, and maternity benefits, all other claims arising from employee-employer relations,including those of persons in domestic or household service, involving an amount exceeding FiveThousand 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 partiespursuant to Republic Act No. 6727;h) Enforcement of compromise agreements when there is non-compliance by any of the partiespursuant to Article 227 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 andother forms of damages as provided by Section 10 of RA 8042, as amended by RA 10022; andj) Other cases as may be provided by law.

Cases arising from the interpretation or implementation of collective bargaining agreements andthose arising from the interpretation or enforcement of company personnel policies shall be disposedof by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration, asmay be provided in said agreements. (1a) (Section I, Rule V)

WHAT ARE THE PROHIBITED PLEADINGS ANDWHAT ARE THE PROHIBITED PLEADINGS ANDMOTIONS?MOTIONS?

a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over thesubject matter, improper venue, res-judicata, prescription and forum shopping;b) Motion for bill of particularsc) Motion for new triald) Petition for relief from judgmente) Motion to declare respondent in defaultf) Motion for reconsideration of any decision or order of the Labor Arbiter;g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, anorder:

(1)Denying a motion to dismiss;(2)Denying a motion to inhibit(3)Denying a motion for issuance of a writ of execution(4)Denying a motion to quash writ of execution

h)Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter;i)Appeal from orders issued by the Labor Arbiter in the course of execution proceedings.j)Such other pleadings, motions and petitions of similar nature intended to circumventabove provisions. (Section 5, Rule V)

a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over thesubject matter, improper venue, res-judicata, prescription and forum shopping;b) Motion for bill of particularsc) Motion for new triald) Petition for relief from judgmente) Motion to declare respondent in defaultf) Motion for reconsideration of any decision or order of the Labor Arbiter;g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, anorder:

(1)Denying a motion to dismiss;(2)Denying a motion to inhibit(3)Denying a motion for issuance of a writ of execution(4)Denying a motion to quash writ of execution

h)Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter;i)Appeal from orders issued by the Labor Arbiter in the course of execution proceedings.j)Such other pleadings, motions and petitions of similar nature intended to circumventabove provisions. (Section 5, Rule V)

WHEN DOES A DECISION OFWHEN DOES A DECISION OFA LABOR ARBITER BECOME FINAL?A LABOR ARBITER BECOME FINAL?

If no appeal is filed with the Commissionwithin the time provided under Article 223 ofthe Labor Code and Section I Rule VI of theseRules, the decision or order of the LaborArbiter shall become final and executory afterten (10) calendar days from receipt thereof bythe counsel or authorized representative, orthe parties, if not assisted by counsel orrepresentative. (En Banc Resolution No. 11-12,Series of 2012) (Section 21, Rule V)

If no appeal is filed with the Commissionwithin the time provided under Article 223 ofthe Labor Code and Section I Rule VI of theseRules, the decision or order of the LaborArbiter shall become final and executory afterten (10) calendar days from receipt thereof bythe counsel or authorized representative, orthe parties, if not assisted by counsel orrepresentative. (En Banc Resolution No. 11-12,Series of 2012) (Section 21, Rule V)

WHAT MUST A LABOR ARBITER DO INWHAT MUST A LABOR ARBITER DO INCASE NO APPEAL IS FILED WITHIN THECASE NO APPEAL IS FILED WITHIN THEREGLEMENTARY PERIOD?REGLEMENTARY PERIOD?

The Labor Arbiter should issue a Certificate ofFinality upon expiration of the reglementary period.

In the absence of return cards, certification fromthe post office or courier or other proof of service tothe parties, the Labor Arbiter may issue a certificate offinality after sixty (60) calendar days from date ofmailing (Section 19, Rule V)

The Labor Arbiter should issue a Certificate ofFinality upon expiration of the reglementary period.

In the absence of return cards, certification fromthe post office or courier or other proof of service tothe parties, the Labor Arbiter may issue a certificate offinality after sixty (60) calendar days from date ofmailing (Section 19, Rule V)

WHERE IS AN APPEAL FILED?WHERE IS AN APPEAL FILED?

The appeal shall be filed with theRegional Arbitration Branch or RegionalOffice where the case was heard anddecided. (Section 3, Rule VI)

The appeal shall be filed with theRegional Arbitration Branch or RegionalOffice where the case was heard anddecided. (Section 3, Rule VI)

WHAT ARE THE REQUISITES FOR THEWHAT ARE THE REQUISITES FOR THEPERFECTION OF AN APPEAL?PERFECTION OF AN APPEAL?

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 ofCourt, as amended;(3) in the form of a memorandum of appeal which shall state the grounds relied upon and thearguments in support thereof, the relief prayed for, and with a statement of the date theappellant received the appealed decision, award ororder;(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; andiii) proof of service upon the other parties.

b) A mere notice of appeal without complying with the other requisites aforestated shall not stop therunning of the period for perfecting an appeal.c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appealwas 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 furnishedwith a copy of the appeal to file his/her answer or reply within the said period may be construed as awaiver on his/her part to file the same.d) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected inaccordance with these Rules, the Commission shall limit itself to reviewingand deciding only the specific issues that were elevated on appeal. (4a) (Section 4, Rule VI)

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 ofCourt, as amended;(3) in the form of a memorandum of appeal which shall state the grounds relied upon and thearguments in support thereof, the relief prayed for, and with a statement of the date theappellant received the appealed decision, award ororder;(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; andiii) proof of service upon the other parties.

b) A mere notice of appeal without complying with the other requisites aforestated shall not stop therunning of the period for perfecting an appeal.c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appealwas 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 furnishedwith a copy of the appeal to file his/her answer or reply within the said period may be construed as awaiver on his/her part to file the same.d) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected inaccordance with these Rules, the Commission shall limit itself to reviewingand deciding only the specific issues that were elevated on appeal. (4a) (Section 4, Rule VI)

WHEN IS THE POSTING OF BOND REQUIREDWHEN IS THE POSTING OF BOND REQUIREDFOR AN APPEAL TO BE PERFECTED?FOR AN APPEAL TO BE PERFECTED?

SECTION 6. BOND. - In case the decision of the Labor Arbiter or the Regional Director involves amonetary award, an appeal by the employer may be perfected only upon the posting of a bond,which shall either be in the form of cash deposit or surety bond equivalent in amount to themonetary award, exclusive of damages and attorney’s fees.In case of surety bond, the same shall be issued by a reputable bonding company duly accreditedby the Commission or the Supreme Court, and shall be accompanied by original or certified truecopies of the following:

a) a joint declaration under oath by the employer, his/her counsel, and the bondingcompany, attesting that the bond posted is genuine, and shall be in effect until finaldisposition of the case.b) an indemnity agreement between the employer-appellant and bonding company;c) proof of security deposit or collateral securing the bond: provided, that a check shall notbe considered as an acceptable security;d) a certificate of authority from the Insurance Commission;e) certificate of registration from the Securities and Exchange Commission;f) certificate of accreditation and authority from the Supreme Court; andg) notarized board resolution or secretary’s certificate from the bonding company showingits authorized signatories and their specimen signatures.

SECTION 6. BOND. - In case the decision of the Labor Arbiter or the Regional Director involves amonetary award, an appeal by the employer may be perfected only upon the posting of a bond,which shall either be in the form of cash deposit or surety bond equivalent in amount to themonetary award, exclusive of damages and attorney’s fees.In case of surety bond, the same shall be issued by a reputable bonding company duly accreditedby the Commission or the Supreme Court, and shall be accompanied by original or certified truecopies of the following:

a) a joint declaration under oath by the employer, his/her counsel, and the bondingcompany, attesting that the bond posted is genuine, and shall be in effect until finaldisposition of the case.b) an indemnity agreement between the employer-appellant and bonding company;c) proof of security deposit or collateral securing the bond: provided, that a check shall notbe considered as an acceptable security;d) a certificate of authority from the Insurance Commission;e) certificate of registration from the Securities and Exchange Commission;f) certificate of accreditation and authority from the Supreme Court; andg) notarized board resolution or secretary’s certificate from the bonding company showingits authorized signatories and their specimen signatures.

WHEN IS THE POSTING OF BOND REQUIREDWHEN IS THE POSTING OF BOND REQUIREDFOR AN APPEAL TO BE PERFECTED?FOR AN APPEAL TO BE PERFECTED?

The Commission through the Chairman may on justifiable grounds blacklist a bonding company,notwithstanding its accreditation by the Supreme Court.

A cash or surety bond shall be valid and effective from the date of deposit or posting, until the caseis finally decided, resolved or terminated, or the award satisfied.

This condition shall be deemed incorporated in the terms and conditions of the surety bond, andshall be binding on the appellants and the bonding company.

The appellant shall furnish the appellee with a certified true copy of the said surety bond with allthe above-mentioned supporting documents. The appellee shall verify the regularity andgenuineness thereof and immediately report any irregularity to the Commission.

Upon verification by the Commission that the bond is irregular or not genuine, the Commissionshall cause the immediate dismissal of the appeal, and censure the responsible parties and theircounsels, or subject them to reasonable fine or penalty, and the bonding company may beblacklisted.

No motion to reduce bond shall be entertained except on meritorious grounds, and only upon theposting of a bond in a reasonable amount in relation to the monetary award.

The mere filing of a motion to reduce bond without complying with the requisites in thepreceding paragraphs shall not stop the running of the period to perfect an appeal. (6a)(Section 6, Rule VI)

The Commission through the Chairman may on justifiable grounds blacklist a bonding company,notwithstanding its accreditation by the Supreme Court.

A cash or surety bond shall be valid and effective from the date of deposit or posting, until the caseis finally decided, resolved or terminated, or the award satisfied.

This condition shall be deemed incorporated in the terms and conditions of the surety bond, andshall be binding on the appellants and the bonding company.

The appellant shall furnish the appellee with a certified true copy of the said surety bond with allthe above-mentioned supporting documents. The appellee shall verify the regularity andgenuineness thereof and immediately report any irregularity to the Commission.

Upon verification by the Commission that the bond is irregular or not genuine, the Commissionshall cause the immediate dismissal of the appeal, and censure the responsible parties and theircounsels, or subject them to reasonable fine or penalty, and the bonding company may beblacklisted.

No motion to reduce bond shall be entertained except on meritorious grounds, and only upon theposting of a bond in a reasonable amount in relation to the monetary award.

The mere filing of a motion to reduce bond without complying with the requisites in thepreceding paragraphs shall not stop the running of the period to perfect an appeal. (6a)(Section 6, Rule VI)

WHEN DOES A DECISION, RESOLUTION ORWHEN DOES A DECISION, RESOLUTION ORORDER OF THE COMMISSION BECOME FINALORDER OF THE COMMISSION BECOME FINALAND EXECUTORY?AND EXECUTORY?

After ten (10) calendar days from receipt thereof by the counsel orauthorized representative or the parties if not assisted by counsel orrepresentative.

b) Entry of Judgment. - Upon the expiration of the ten (10) calendarday period provided in paragraph (a) of this Section, the decision,resolution, or order shall be entered in a book of entries of judgment.

After ten (10) calendar days from receipt thereof by the counsel orauthorized representative or the parties if not assisted by counsel orrepresentative.

b) Entry of Judgment. - Upon the expiration of the ten (10) calendarday 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 thepost office or the courier or other proofs of service tothe parties, the Executive Clerk or Deputy ExecutiveClerk shall consider the decision, resolution or order asfinal and executory after sixty (60) calendar days fromdate of mailing. (14a) (Section 14, Rule VII)

CAN A MOTION FOR RECONSIDERATION BECAN A MOTION FOR RECONSIDERATION BEFILED IN THE COMMISSION?FILED IN THE COMMISSION?

Yes, when based on patent errors; provided that the motion isfiled within ten (10) calendar days from receipt of decision,resolution or order, with proof that a copy of the same has beenfurnished within the reglementary period to the adverse party andprovided further, that only one such motion from the same partyshall be entertained. (Section 15, Rule VII)

Yes, when based on patent errors; provided that the motion isfiled within ten (10) calendar days from receipt of decision,resolution or order, with proof that a copy of the same has beenfurnished within the reglementary period to the adverse party andprovided further, that only one such motion from the same partyshall be entertained. (Section 15, Rule VII)

CONTEMPT POWER?CONTEMPT POWER?

1. Direct ContemptThe Chairman or any Commissioner or Labor Arbiter may summarily adjudge

guilty of direct contempt any person committing any act of misbehavior in thepresence of or so near the Chairman or any Commissioner or Labor Arbiter as toobstruct or interrupt the proceedings before the same, including disrespect towardsaid officials, offensive acts toward others, or refusal to be sworn or to answer as awitness or to subscribe to an affidavit or deposition when lawfully required to do so.If the offense is committed against the Commission or any member thereof, the sameshall be punished by a fine not exceeding Five Hundred Pesos (P500.00) orimprisonment not exceeding five (5) days, or both; and, if the offense is committedagainst any Labor Arbiter, the same shall be punished by a fine not exceeding OneHundred Pesos (P100.00) or imprisonment not exceeding one (1) day, or both.

Any person adjudged guilty of direct contempt by a Labor Arbiter may, within aperiod of five (5) calendar days from notice of the judgment, appeal the same to theCommission and the execution of said judgment shall be suspended pendingresolution of the appeal upon the filing by said person of a bond on condition thathe will abide by and perform the judgment should the appeal be decided againsthim/her. A judgment of the Commission on direct contempt shall be immediatelyexecutory and inappealable. (Section I, Rule IX)

1. Direct ContemptThe Chairman or any Commissioner or Labor Arbiter may summarily adjudge

guilty of direct contempt any person committing any act of misbehavior in thepresence of or so near the Chairman or any Commissioner or Labor Arbiter as toobstruct or interrupt the proceedings before the same, including disrespect towardsaid officials, offensive acts toward others, or refusal to be sworn or to answer as awitness or to subscribe to an affidavit or deposition when lawfully required to do so.If the offense is committed against the Commission or any member thereof, the sameshall be punished by a fine not exceeding Five Hundred Pesos (P500.00) orimprisonment not exceeding five (5) days, or both; and, if the offense is committedagainst any Labor Arbiter, the same shall be punished by a fine not exceeding OneHundred Pesos (P100.00) or imprisonment not exceeding one (1) day, or both.

Any person adjudged guilty of direct contempt by a Labor Arbiter may, within aperiod of five (5) calendar days from notice of the judgment, appeal the same to theCommission and the execution of said judgment shall be suspended pendingresolution of the appeal upon the filing by said person of a bond on condition thathe will abide by and perform the judgment should the appeal be decided againsthim/her. A judgment of the Commission on direct contempt shall be immediatelyexecutory and inappealable. (Section I, Rule IX)

2. Indirect ContemptThe Commission or any Labor Arbiter pursuant to Article 218 (d) of the

Labor Code may cite any person for indirect contempt and impose theappropriate penalty under any of the following grounds:

a) Misbehavior of any officer or employee in the performanceof his/her official duties or in his/her official transaction;b) Disobedience of, or resistance to, a lawful writ, order ordecision;c) Any abuse of, or any unlawful interference with theprocesses or proceedings not constituting direct contempt;d) Any improper conduct tending, directly or indirectly, toimpede, obstruct or degrade the administration of justice;e) Assuming to be an attorney or a representative of partywithout authority;f) Failure to obey a subpoena duly served; org) Other grounds analogous to the foregoing.(Section 2 Rule IX)

CONTEMPT POWER?CONTEMPT POWER?

2. Indirect ContemptThe Commission or any Labor Arbiter pursuant to Article 218 (d) of the

Labor Code may cite any person for indirect contempt and impose theappropriate penalty under any of the following grounds:

a) Misbehavior of any officer or employee in the performanceof his/her official duties or in his/her official transaction;b) Disobedience of, or resistance to, a lawful writ, order ordecision;c) Any abuse of, or any unlawful interference with theprocesses or proceedings not constituting direct contempt;d) Any improper conduct tending, directly or indirectly, toimpede, obstruct or degrade the administration of justice;e) Assuming to be an attorney or a representative of partywithout authority;f) Failure to obey a subpoena duly served; org) Other grounds analogous to the foregoing.(Section 2 Rule IX)

ISSUANCE OF A WRIT OF EXECUTION?ISSUANCE OF A WRIT OF EXECUTION?

a) A writ of execution may be issued motu proprio or onmotion, upon a decision or order that has become finaland executory.b) If an appeal has been duly perfected and finally resolvedby the Commission,A motion for execution may be filed before the LaborArbiter, when the latter has possession of the case recordsor upon submission of certified true copies of the decisionsor final order/s sought to be enforced including notice ofdecision or order and the entry of judgment, copyfurnished the adverse party.c) Except that, as provided for in Section 18 of Rule V inrelation to Section 9 of this Rule, and in those cases wherepartial execution is allowed by law, the Labor Arbiter shallretain duplicate original copies of the decision to beimplemented and proof of service thereof for the purposeof immediate enforcement. (1a)

a) A writ of execution may be issued motu proprio or onmotion, upon a decision or order that has become finaland executory.b) If an appeal has been duly perfected and finally resolvedby the Commission,A motion for execution may be filed before the LaborArbiter, when the latter has possession of the case recordsor upon submission of certified true copies of the decisionsor final order/s sought to be enforced including notice ofdecision or order and the entry of judgment, copyfurnished the adverse party.c) Except that, as provided for in Section 18 of Rule V inrelation to Section 9 of this Rule, and in those cases wherepartial execution is allowed by law, the Labor Arbiter shallretain duplicate original copies of the decision to beimplemented and proof of service thereof for the purposeof immediate enforcement. (1a)

WHAT IS THE LIFETIME OF AWHAT IS THE LIFETIME OF AWRIT OF EXECUTION?WRIT OF EXECUTION?

A writ of execution shall be effectivefor a period of five (5) years from issuancethereof.

In case of partial satisfaction ofjudgment during the lifetime of the writ,the Labor Arbiter shall motu proprio issuean updated writ reflecting the amountcollected and the remaining balance(Section 6, Rule XI)

A writ of execution shall be effectivefor a period of five (5) years from issuancethereof.

In case of partial satisfaction ofjudgment during the lifetime of the writ,the Labor Arbiter shall motu proprio issuean updated writ reflecting the amountcollected and the remaining balance(Section 6, Rule XI)

HOW ARE MONETARY JUDGMENTS EXECUTED?HOW ARE MONETARY JUDGMENTS EXECUTED?

SECTION 9. MANNER OF EXECUTION OF MONETARY JUDGMENT. -a) Immediatepayment on demand. - The Sheriff shall enforce a monetary judgment by demandingthe immediate payment of the full amount stated in the writ of execution and alllegal fees from the losing party or any other person required by law to obey thesame.

In case of voluntary tender of payment by the losing party and –(1) in the presence of the prevailing party. it shall be effected before the Labor

Arbiter or Executive Labor Arbiter. as the case may be;(2) in the absence of the prevailing party. it shall be effected by immediately

depositing the same. in cash or in check. with the Cashier of the NLRC or authorizeddepositary bank and shall be released only upon order of –the Commission or LaborArbiter who issued the writ.Payment in the form of check shall be in the name of the Commission.

b) In the event of failure or refusal of the losing party to pay the judgmentaward, the Sheriff shall enforce the judgment award in the following order;

(1) Cash bond(2) Bank deposits(3) Surety bond(4) Should the cash bond or surety bond be insufficient, the Sheriff shall, within

five (5) days from demand. execute the monetary judgment by levying on thepersonal property. and if insufficient, the real property of the losing party notexempt from execution, sufficient to cover the judgment award, which may bedisposed of for value at a public auction to the highest bidder.

SECTION 9. MANNER OF EXECUTION OF MONETARY JUDGMENT. -a) Immediatepayment on demand. - The Sheriff shall enforce a monetary judgment by demandingthe immediate payment of the full amount stated in the writ of execution and alllegal fees from the losing party or any other person required by law to obey thesame.

In case of voluntary tender of payment by the losing party and –(1) in the presence of the prevailing party. it shall be effected before the Labor

Arbiter or Executive Labor Arbiter. as the case may be;(2) in the absence of the prevailing party. it shall be effected by immediately

depositing the same. in cash or in check. with the Cashier of the NLRC or authorizeddepositary bank and shall be released only upon order of –the Commission or LaborArbiter who issued the writ.Payment in the form of check shall be in the name of the Commission.

b) In the event of failure or refusal of the losing party to pay the judgmentaward, the Sheriff shall enforce the judgment award in the following order;

(1) Cash bond(2) Bank deposits(3) Surety bond(4) Should the cash bond or surety bond be insufficient, the Sheriff shall, within

five (5) days from demand. execute the monetary judgment by levying on thepersonal property. and if insufficient, the real property of the losing party notexempt from execution, sufficient to cover the judgment award, which may bedisposed of for value at a public auction to the highest bidder.

HOW ARE MONETARY JUDGMENTS EXECUTED?HOW ARE MONETARY JUDGMENTS EXECUTED?(5) If the losing party has no properties or his/her properties are insufficient and the

bonding company refuses to comply with the writ of execution, the sheriff shall proceed tolevy on the personal property, and if insufficient, the real property of the bonding company,without prejudice to contempt proceedings against its president. officers or authorizedrepresentatives. Moreover. The bonding company shall be barred from transacting businesswith the Commission;

c) If the bonding company refuses to payor the bank holding the cash deposit of thelosing party refuses to release the garnished amount despite the order or pertinentprocesses issued by the Labor Arbiter or the Commission, the president or the responsibleofficers or authorized representatives of the said bonding company or the bank who resistedor caused the noncompliance shall be either cited for contempt, or held liable for resistanceand disobedience to a person in authority or the agents of such person as provided under thepertinent provision of the Revised Penal Code. This rule shall likewise apply to any person orparty who unlawfully resists or refuses to comply with the break open order issued by theLabor Arbiter or theCommission.

For this purpose, the Labor Arbiter or the Commission may issue an order directing thesheriff to request the assistance of law enforcement agencies to ensure compliance with thewrit of execution orders or processes.

A bonding company cited for contempt, or for an offense defined and punishable underthe pertinent provision of the Revised Penal Code shall be barred from transacting businesswith the Commission.

d) Proceeds of execution shall be deposited with the Cashier of the concerned Division orRegional Arbitration Branch, or with an authorized depositary bank. Where payment is madein the form of a check, the same shall be payable to the Commission .

el For monetary judgment on cases involving Overseas Filipino Workers, the manner ofexecution shall be in accordance with Republic Act 10022. (8a) (Section 9 of Rule XI) (Asamended by En Banc Resolution No. 11-12, Series of 2012)

(5) If the losing party has no properties or his/her properties are insufficient and thebonding company refuses to comply with the writ of execution, the sheriff shall proceed tolevy on the personal property, and if insufficient, the real property of the bonding company,without prejudice to contempt proceedings against its president. officers or authorizedrepresentatives. Moreover. The bonding company shall be barred from transacting businesswith the Commission;

c) If the bonding company refuses to payor the bank holding the cash deposit of thelosing party refuses to release the garnished amount despite the order or pertinentprocesses issued by the Labor Arbiter or the Commission, the president or the responsibleofficers or authorized representatives of the said bonding company or the bank who resistedor caused the noncompliance shall be either cited for contempt, or held liable for resistanceand disobedience to a person in authority or the agents of such person as provided under thepertinent provision of the Revised Penal Code. This rule shall likewise apply to any person orparty who unlawfully resists or refuses to comply with the break open order issued by theLabor Arbiter or theCommission.

For this purpose, the Labor Arbiter or the Commission may issue an order directing thesheriff to request the assistance of law enforcement agencies to ensure compliance with thewrit of execution orders or processes.

A bonding company cited for contempt, or for an offense defined and punishable underthe pertinent provision of the Revised Penal Code shall be barred from transacting businesswith the Commission.

d) Proceeds of execution shall be deposited with the Cashier of the concerned Division orRegional Arbitration Branch, or with an authorized depositary bank. Where payment is madein the form of a check, the same shall be payable to the Commission .

el For monetary judgment on cases involving Overseas Filipino Workers, the manner ofexecution shall be in accordance with Republic Act 10022. (8a) (Section 9 of Rule XI) (Asamended by En Banc Resolution No. 11-12, Series of 2012)

HOW IS A DECISION PROVIDING FORHOW IS A DECISION PROVIDING FORREINSTATEMENT PENDING APPEALREINSTATEMENT PENDING APPEALENFORCED/ EXECUTED?ENFORCED/ EXECUTED?

SECTION 12. EXECUTION OF REINSTATEMENTPENDING APPEAL. – In case the decision includesan order of reinstatement, and the employerdisobeys the directive under the second paragraphof Section 18 of Rule V or refuses to reinstate thedismissed employee, the Labor Arbiter shallimmediately issue writ of execution, even pendingappeal, directing the employer to immediatelyreinstate the dismissed employee either physically orin the payroll, and to pay the accrued salaries as aconsequence of such non-reinstatement in theamount specified in the decision.

SECTION 12. EXECUTION OF REINSTATEMENTPENDING APPEAL. – In case the decision includesan order of reinstatement, and the employerdisobeys the directive under the second paragraphof Section 18 of Rule V or refuses to reinstate thedismissed employee, the Labor Arbiter shallimmediately issue writ of execution, even pendingappeal, directing the employer to immediatelyreinstate the dismissed employee either physically orin the payroll, and to pay the accrued salaries as aconsequence of such non-reinstatement in theamount specified in the decision.

WHAT IS THE EFFECT OF A MOTION TO QUASH ONWHAT IS THE EFFECT OF A MOTION TO QUASH ONEXECUTION?EXECUTION?

The mere filing of a motion to quash shall not stay executionproceeding

(Section 13, Rule X, as amended by En-Banc No. 11-12 Series of 2012)

WHAT IS THE RESPONSIBILITY OF A LABORWHAT IS THE RESPONSIBILITY OF A LABORARBITER WITH A RESPECT TO A MOTION TOARBITER WITH A RESPECT TO A MOTION TO

QUASH?QUASH?

The motion to Quash shall be resolved by the Labor Arbiterwithin 10 working days from filing of said motion.

WHAT IS A THIRD PARTY CLAIM?WHAT IS A THIRD PARTY CLAIM?

SECTION 14. THIRD PARTY CLAIM. – (a) If the property levied is claimed byany person other than the losing party, such person may file a third party claimnot later than five (5) days from the last day of posting or publication of thenotice of execution sale, otherwise the claim shall be forever barred. Such thirdparty claim must comply with the following requirements:(1) An affidavit stating title to property or right to the possession thereof with

supporting evidence;(2) Posting of a cash or surety bond equivalent to the amount of the claim or

judgment award and in accordance with Section 6 of Rule VI;(3) In case of real property, posting of a refundable cash deposit of Twenty

Thousand Pesos (P20,000) for the payment of republication of notice ofauction sale; and

(4) Payment of prevailing filing fee. (As amended by En Banc Resolution No.11-12, Series of 2012)

(b) Where Filed. – The third party claim shall be filed with the Commission orLabor Arbiter where the execution proceeding is pending, with proof of serviceof copies thereof to the Sheriff and the prevailing party

SECTION 14. THIRD PARTY CLAIM. – (a) If the property levied is claimed byany person other than the losing party, such person may file a third party claimnot later than five (5) days from the last day of posting or publication of thenotice of execution sale, otherwise the claim shall be forever barred. Such thirdparty claim must comply with the following requirements:(1) An affidavit stating title to property or right to the possession thereof with

supporting evidence;(2) Posting of a cash or surety bond equivalent to the amount of the claim or

judgment award and in accordance with Section 6 of Rule VI;(3) In case of real property, posting of a refundable cash deposit of Twenty

Thousand Pesos (P20,000) for the payment of republication of notice ofauction sale; and

(4) Payment of prevailing filing fee. (As amended by En Banc Resolution No.11-12, Series of 2012)

(b) Where Filed. – The third party claim shall be filed with the Commission orLabor Arbiter where the execution proceeding is pending, with proof of serviceof copies thereof to the Sheriff and the prevailing party

WHAT IS A THIRD PARTY CLAIM?WHAT IS A THIRD PARTY CLAIM?

(c) Effect of Filing. - The filing of a third Party claim that has complied with therequirements set forth under paragraph (a) of this Section shall automaticallysuspend the proceeding with respect to the execution of the properties subject ofthe third party claim.

Upon approval of the bond, the Labor Arbiter shall issue an order releasing thelevied property or a part thereof subject of the claim unless the prevailing partyposts a counter bond in an amount not less than the value of the leviedproperty.

The Labor Arbiter may require the posting of additional bond upon showing bythe other party that the bond is insufficient.

(d) Proceedings. – The propriety of the third party claim shall be resolved withinten (10) working days from submission of the claim for resolution. The decisionof the Labor Arbiter is not appealable but may be elevated to the Commissionand resolved in accordance with Rule XII hereof. Pending resolution thereof,execution shall proceed against all other properties not subject of the third partyclaim. (12a)

(c) Effect of Filing. - The filing of a third Party claim that has complied with therequirements set forth under paragraph (a) of this Section shall automaticallysuspend the proceeding with respect to the execution of the properties subject ofthe third party claim.

Upon approval of the bond, the Labor Arbiter shall issue an order releasing thelevied property or a part thereof subject of the claim unless the prevailing partyposts a counter bond in an amount not less than the value of the leviedproperty.

The Labor Arbiter may require the posting of additional bond upon showing bythe other party that the bond is insufficient.

(d) Proceedings. – The propriety of the third party claim shall be resolved withinten (10) working days from submission of the claim for resolution. The decisionof the Labor Arbiter is not appealable but may be elevated to the Commissionand resolved in accordance with Rule XII hereof. Pending resolution thereof,execution shall proceed against all other properties not subject of the third partyclaim. (12a)

WHAT IS THE EFFECT OF REVERSAL OFWHAT IS THE EFFECT OF REVERSAL OFEXECUTED JUDGMENT?EXECUTED JUDGMENT?

SECTION 17. EFFECT OF REVERSAL DURING EXECUTIONPROCEEDINGS. – In case of total or partial reversal of judgment bythe Court of Appeals, the execution proceedings shall be suspendedinsofar as the reversal is concerned notwithstanding the pendencyof a motion for reconsideration on such judgment.

However, where the judgment of the Court of Appeals is reversedby the Supreme Court, execution proceedings shall commenceupon presentation of certified true copy of the decision and entry ofjudgment. (En Banc Resolution No. 11-12, Series of 2012)

Section 18. RESTITUTION. – Where the executed judgment is totallyor partially reversed or annulled by the Court of Appeals or theSupreme Court with finality, the Labor Arbiter shall, on motion, issuesuch order of restitution of the executed award, exceptreinstatement wages paid pending appeal. (As amended by En BancResolution No. 11-12, Series of 2012)

SECTION 17. EFFECT OF REVERSAL DURING EXECUTIONPROCEEDINGS. – In case of total or partial reversal of judgment bythe Court of Appeals, the execution proceedings shall be suspendedinsofar as the reversal is concerned notwithstanding the pendencyof a motion for reconsideration on such judgment.

However, where the judgment of the Court of Appeals is reversedby the Supreme Court, execution proceedings shall commenceupon presentation of certified true copy of the decision and entry ofjudgment. (En Banc Resolution No. 11-12, Series of 2012)

Section 18. RESTITUTION. – Where the executed judgment is totallyor partially reversed or annulled by the Court of Appeals or theSupreme Court with finality, the Labor Arbiter shall, on motion, issuesuch order of restitution of the executed award, exceptreinstatement wages paid pending appeal. (As amended by En BancResolution No. 11-12, Series of 2012)

WHAT ARE THE ORDERS/RESOLUTIONS SUBJECTWHAT ARE THE ORDERS/RESOLUTIONS SUBJECTOF THE EXTRAORDINARY REMEDIES UNDEROF THE EXTRAORDINARY REMEDIES UNDER

RULE XII OF THE 2011 NLRC RULES?RULE XII OF THE 2011 NLRC RULES?

1. Any order or resolution of the Labor Arbiter or2. Those issued during execution proceedings

(Section I, Rule XII)

1. Any order or resolution of the Labor Arbiter or2. Those issued during execution proceedings

(Section I, Rule XII)

WHAT IS THE EFFECT OF FILING OF PETITION?WHAT IS THE EFFECT OF FILING OF PETITION?

SECTION 9. EFFECT OF FILING OF PETITION. - Upon filing of the petition, theproceedings before the Labor Arbiter shall continue unless restrained. Incase of execution, the proceedings in accordance with Rule XI of these Rulesshall not be suspended, but no money collected or credit garnished may bereleased or personal properties levied upon be sold by public auction withinfifteen (15) calendar days from the filing of the petition. If no temporaryrestraining order or writ of preliminary injunction is issued within the saidperiod, the money collected or credit garnished shall be released and/or theproperties levied upon sold by public auction and the proceeds of the saleapplied, to satisfy the judgment.

In case of execution proceedings, the Labor Arbiter shall immediately informin writing the Commission or the Division where the petition is pending ofthe satisfaction of the judgment, and, if circumstances warrant, theCommission shall dismiss the petition for being moot.

The records of the case shall not be elevated to the Commission unlessotherwise ordered.

In the event of filing of a subsequent petition under this rule involving thesame issues. the suspension of the release of money collected or creditgarnished or the suspension of auction sale over properties levied uponunder the first paragraph shall not apply. (9a)

SECTION 9. EFFECT OF FILING OF PETITION. - Upon filing of the petition, theproceedings before the Labor Arbiter shall continue unless restrained. Incase of execution, the proceedings in accordance with Rule XI of these Rulesshall not be suspended, but no money collected or credit garnished may bereleased or personal properties levied upon be sold by public auction withinfifteen (15) calendar days from the filing of the petition. If no temporaryrestraining order or writ of preliminary injunction is issued within the saidperiod, the money collected or credit garnished shall be released and/or theproperties levied upon sold by public auction and the proceeds of the saleapplied, to satisfy the judgment.

In case of execution proceedings, the Labor Arbiter shall immediately informin writing the Commission or the Division where the petition is pending ofthe satisfaction of the judgment, and, if circumstances warrant, theCommission shall dismiss the petition for being moot.

The records of the case shall not be elevated to the Commission unlessotherwise ordered.

In the event of filing of a subsequent petition under this rule involving thesame issues. the suspension of the release of money collected or creditgarnished or the suspension of auction sale over properties levied uponunder the first paragraph shall not apply. (9a)

HOW IS A PETITION FOR EXTRAORDINARYHOW IS A PETITION FOR EXTRAORDINARYREMEDY INITIATED?REMEDY INITIATED?

SECTION 1. VERIFIED PETITION. – A partyaggrieved by any order or resolution of the LaborArbiter including those issued during executionproceedings may file a verified petition to annul ormodify such order or resolution. The petition may beaccompanied by an application for the issuance of atemporary restraining order and/or writ of preliminaryor permanent injunction to enjoin the Labor Arbiter, orany person acting under his/her authority, to desistfrom enforcing said resolution or order.

SECTION 1. VERIFIED PETITION. – A partyaggrieved by any order or resolution of the LaborArbiter including those issued during executionproceedings may file a verified petition to annul ormodify such order or resolution. The petition may beaccompanied by an application for the issuance of atemporary restraining order and/or writ of preliminaryor permanent injunction to enjoin the Labor Arbiter, orany person acting under his/her authority, to desistfrom enforcing said resolution or order.

WHAT ARE THE GROUNDS THAT CAN BE INVOKEDWHAT ARE THE GROUNDS THAT CAN BE INVOKEDIN THE PETITION?IN THE PETITION?

SECTION 2. GROUNDS. - The petition filed underthis Rule may be entertained only on any of thefollowing grounds:a) If there is prima facie evidence of abuse ofdiscretion on the part of the Labor Arbiter.b) If serious errors in the findings of facts are raisedwhich, if not corrected, would cause grave orirreparable damage or injury to the petitioner.c) If a party by fraud, accident, mistake or excusablenegligence has been prevented from taking anappeal;d) If made purely on questions of law; ore) If the order or resolution will cause injustice if notrectified.

SECTION 2. GROUNDS. - The petition filed underthis Rule may be entertained only on any of thefollowing grounds:a) If there is prima facie evidence of abuse ofdiscretion on the part of the Labor Arbiter.b) If serious errors in the findings of facts are raisedwhich, if not corrected, would cause grave orirreparable damage or injury to the petitioner.c) If a party by fraud, accident, mistake or excusablenegligence has been prevented from taking anappeal;d) If made purely on questions of law; ore) If the order or resolution will cause injustice if notrectified.

WHAT ARE THE REQUISITES THAT MUST BEWHAT ARE THE REQUISITES THAT MUST BECOMPLIED WITH?COMPLIED WITH?

SECTION 4. REQUISITES OF THE PETITION. – The petition filed under thisRule shall:a) be accompanied by a clear original or certified true copy of the order orresolution assailed, together with clear copies of documents relevant orrelated to the said order or resolution for the proper understanding of theissue/s involved;b) contain the arbitral docket number and appeal docket number, if any;c) state the material date showing the timeliness of the petition;d) be verified by the petitioner himself/herself in accordance with Section 4,Rule 7 of the Rules of Court, as amended;e) be in the form of a memorandum which shall state the ground/s reliedupon, the argument/s in support thereof and the reliefs prayed for;f) be in three (3) legibly written or printed copies; andg) be accompanied by:

i) certificate of non-forum shopping;ii) proof of service upon the other party/ies and the Labor Arbiter whoissued the order or resolution being assailed or questioned; andiii) proof of payment of the required fees.

SECTION 4. REQUISITES OF THE PETITION. – The petition filed under thisRule shall:a) be accompanied by a clear original or certified true copy of the order orresolution assailed, together with clear copies of documents relevant orrelated to the said order or resolution for the proper understanding of theissue/s involved;b) contain the arbitral docket number and appeal docket number, if any;c) state the material date showing the timeliness of the petition;d) be verified by the petitioner himself/herself in accordance with Section 4,Rule 7 of the Rules of Court, as amended;e) be in the form of a memorandum which shall state the ground/s reliedupon, the argument/s in support thereof and the reliefs prayed for;f) be in three (3) legibly written or printed copies; andg) be accompanied by:

i) certificate of non-forum shopping;ii) proof of service upon the other party/ies and the Labor Arbiter whoissued the order or resolution being assailed or questioned; andiii) proof of payment of the required fees.

SECTION 7. ANSWER TO THE PETITION. – Withinten (10) calendar days from the receipt of the petition,the private respondent shall file his/her answer thereinstating the ground/s why the petition should bedenied. Failure on the part of the private respondent,to file his/her answer within the said period may beconstrued as a waiver to file the same.

ANSWER TO THE PETITION?ANSWER TO THE PETITION?

SECTION 7. ANSWER TO THE PETITION. – Withinten (10) calendar days from the receipt of the petition,the private respondent shall file his/her answer thereinstating the ground/s why the petition should bedenied. Failure on the part of the private respondent,to file his/her answer within the said period may beconstrued as a waiver to file the same.

SECTION 9. EFFECT OF FILING OF PETITION. – Upon filingof the petition, the proceedings before the Labor Arbiter shallcontinue unless restrained. In case of execution, theproceedings in accordance with Rule XI of these Rules shallnot be suspended, but no money collected or creditgarnished may be released or properties levied upon be soldby public auction within fifteen (15) calendar days from thefiling of the petition. If no temporary restraining order or writof preliminary injunction is issued within the said period, themoney collected or credit garnished shall be released and/orthe properties levied upon sold by public auction and theproceeds of the sale applied, to satisfy the judgment..

EFFECT OF FILING OF PETITION?EFFECT OF FILING OF PETITION?

SECTION 9. EFFECT OF FILING OF PETITION. – Upon filingof the petition, the proceedings before the Labor Arbiter shallcontinue unless restrained. In case of execution, theproceedings in accordance with Rule XI of these Rules shallnot be suspended, but no money collected or creditgarnished may be released or properties levied upon be soldby public auction within fifteen (15) calendar days from thefiling of the petition. If no temporary restraining order or writof preliminary injunction is issued within the said period, themoney collected or credit garnished shall be released and/orthe properties levied upon sold by public auction and theproceeds of the sale applied, to satisfy the judgment..

In case of execution proceedings, the Labor Arbitershall immediately inform in writing the Commission or theDivision where the petition is pending of the satisfaction ofthe judgment, and, if circumstances warrant, the Commissionshall dismiss the petition for being moot.

The records of the case shall not be elevated to theCommission unless otherwise ordered.

EFFECT OF FILING OF PETITION?EFFECT OF FILING OF PETITION?

In case of execution proceedings, the Labor Arbitershall immediately inform in writing the Commission or theDivision where the petition is pending of the satisfaction ofthe judgment, and, if circumstances warrant, the Commissionshall dismiss the petition for being moot.

The records of the case shall not be elevated to theCommission unless otherwise ordered.

On a final note….On a final note….

“. . . Whatever you are and whatever you intend tobe or to do, be capable or playing your part inyour field of action with skill, dignity and firmnessand with unswerving devotion to the public youare tasked to serve.”

Jose P. Laurel

“There“There isis oneone dreamdream thatthat wewe mustmust allall share,share, ananhonorablehonorable nationnation wherewhere publicpublic powerspowers areareusedused forfor thethe publicpublic goodgood andand notnot forfor thetheprivateprivate gainsgains ofof thosethose inin powerpower..””

Jose W.Jose W. DioknoDiokno