Labor Arbiter: Interplay of The Labor Agencies in Cases of Strikes & Lockouts

INTERPLAY OF THE LABOR AGENCIES IN CASES OF STRIKES & LOCKOUTS
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the purpose to settle
during the 7 day strike
ban period.
The purpose of the notice of strike/ lockout is to

make earnest effort to mediate and reconcile
within the 15 / 30 cooling off period.
Kapag na-convert na, mawawala na sa docket.
Kapag na-convert, mawawala na sa docket.
PRESIDENT
DOLE SECRETARY
Sec 277(b)
LABOR ARBITER
Strike on
Ordinary
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dismissal
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263 (H) re Strikes &

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VOLUNTARY
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MR then Petition
for Certiorari.
Requisites of Valid Assumption:
o
Both parties should request DOLE to assume.
o
There must be a conference and the DOLE shall determine the propriety of assuming.
DOLE may assume in its discretion.
STRIKE BAN PURPOSE
To determine the imprimatur of the majority in the strike vote
Both parties request for the certification of national interest cases, then the Secretary of DOLE shall call for the preliminary
conference to determine the propriety of assumption of risk
STRIKE VOTE / LOCKOUT

LAST DITCH EFFORT
o
Third day of strike
o
Mandatory conference, motu propio or not
Once jurisdiction is assumed, the workers have 24 hours to return to work. If they refuse, they may be dismissed.
THE PRESIDENT
The President shall exercise jurisdiction over issues or controversies which, according to its determination, are indispensable to the
NATIONAL INTEREST. It shall intervene at an time and ASSUME JURISDICTION over ANY such labor dispute (causing or likely to cause strike or
lockout) in order to settle or terminate the same.
Art 263(g): The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the
industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming
jurisdiction over any such labor dispute in order to settle or terminate the same.
Indeed, the Court has consistently ruled that the secretary's assumption of Jurisdiction is intended
not to interfere with or impede workers' rights, but to obtain speedy settlement of labor disputes
and only if js will be affected. Admittedly, the Court has allowed the secretary's assumption of
jurisdiction in many cases, some of which are worth mentioning to show the care with which such
plenary power should be used. PHIMCO vs Brillantes
The Court has declared that the administration of a school is of national interest because "xxx [it] is
engaged in the promotion of the physical, intellectual and emotional well-being of the country's
youth." Work stoppage at a school unduly prejudices the students and entails great loss to all
concerned in terms of time, effort and money. - Philippine School of Business Administration v.
Noriel
An enterprise exporting 90 percent of its production and generating more than $12 million dollars
per year was declared to be of national interest. Any disruption of operations would have caused
the delay of shipments of export consisting of finished products previously committed to customers
abroad, a delay that -would have hampered the economic recovery program pursued by the
government.
The manufacture of drugs and pharmaceuticals has also been declared to belong to the same
classifications. Likewise, the operation of an airline that services domestic routes has been deemed
to be imbued with national interest. In one case, a company was considered to be indispensable to
national interest, as it was responsible for 22 percent of the tire production in the Philippines, and
work disruption would have not only aggravated the already worsening unemployment situation
but also discouraged foreign and domestic entrepreneurs from further investing in the country. -Sarmiento v. Tuico
Wherein the Court declared the secretary to be without Jurisdiction to take over a labor dispute
involving a company that produced telephone directories, viz.:
"The production and publication of telephone directories, which is the principal activity of GTE, can
scarcely be described as an industry affecting the national interest. GTE is a publishing firm chiefly
dependent on the marketing and sale of advertising space for its not inconsiderable revenues. Its
services, while of value, cannot be deemed to be in the same category of such essential activities as
'the generation or distribution of energy' or those undertaken by 'banks, hospitals, and exportoriented industries.' It cannot be regarded as playing as vital a role in communication as other mass
media. The small number of employees involved in the dispute, the employer's payment of 'Pl0
million in income tax alone to the Philippine Government,' and the fact that the 'top officers of the
union were dismissed during the conciliation process,' obviously do not suffice to make the dispute
in the case at bar one 'adversely affecting the national interest." - GTE Directories Corporation v.
Sanchez
Appeal to the Court of Appeals under Art 43.
THE SECRETARY OF DOLE

VISITORIAL & ENFORCEMENT under Art 128
o
Inspection
o
Issue Compliance Orders
o
Issue Writs of Execution
o
Order Stoppage of Work or Suspension of Operation
No appeal shall be taken from the decision of the DOLE Secretary under Art 128
Certification Order on cases involving NATIONAL INTEREST (involving Strike or Lockout)
Remedy: Motion for Reconsideration
APPELLATE JURISDICTION
o
Over orders issued by the REGIONAL DIRECTOR (or his authorized representative) under the Visitorial and Enforcement
Power
o
Decision of BUREAU OF LABOR RELATIONS rendered in its original jurisdiction on Union Registration
Denial of Application for Registration or Cancellation thereof
Decisions of the MED-ARBITER in Certification Election cases

NATIONAL LABOR RELATIONS
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;
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;
4.
Direct Contempt under Sec 1, Rule 9 of the 2011 NLRC; and
5.
Annulment or Modification of Order or Resolution by verified petition of the Labor Arbiter during the Execution Proceedings
through under Sec 1, Rule 12 of the 2011 NLRC Rules of Procedure.
Exclusive Appellate Jurisdiction

1.
All cases decided by the Labor Arbiters including contempt cases;
2.
Direct Contempt
3.
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.
LABOR ARBITER
GENERAL RULE:
Cases arising out of employer-employee relationship
The jurisdiction of labor arbiters and the NLRC under Article 217 of the Labor Code is limited to disputes arising from an
employer-employee relationship which can be resolved by reference to the Labor Code, or other labor statutes, or their
collective bargaining agreements. Manila Hotel vs NLRC, 2000
If no such relationship exists between the parties to a suit, then the jurisdiction over the same properly lies with the
regular courts. Tongko vs Manulife, 2008
This requirement of employer-employer relationship is jurisdictional for the provisions of the Labor Code, specifically
Book VI thereof, on Post-Employment, to apply. Uy vs Bueno, 2006
As correctly contended by the Office of the Solicitor General, there is a complete want of evidence that the indebtedness
asserted by the private respondent against Andres Pondoc arose out of or was incurred in connection with the employeremployee relationship between them. The Labor Arbiter did not then have jurisdiction over the claim as under paragraph
(a) of Article 217 of the Labor Code Pondoc vs NLRC, 1996
EXCEPTION/s:
1.
Seafarer or OFWs who has POEA-approved employment contract but who was not deployed overseas;
Despite the absence of an employer-employee relationship between petitioner and respondent, the Court rules that the
NLRC has jurisdiction over petitioners complaint. The jurisdiction of labor arbiters is not limited to claims arising from
employer-employee relationships. Section 10 of R.A. No. 8042 (Migrant Workers Act), provides that:
Sec. 10. Money Claims. Notwithstanding any provision of law to the contrary, the Labor Arbiters of the
National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and
decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employeremployee 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. x x x [Emphasis supplied]
Since the present petition involves the employment contract entered into by petitioner for overseas employment, his
claims are cognizable by the labor arbiters of the NLRC. Santiago vs CF Sharp Crew
2.
Other cases as may be provided by law

More specifically, even if there is employer-employee relationship, the cause of action is one which arises out of OTHER
OBLIGATIONS such as
Torts
Malicious Prosecution; or
Breach of Contract
Stated differently, petitioner seeks protection under the civil laws and claims no benefits under the Labor Code. The
primary relief sought is for liquidated damages for breach of a contractual obligation. The other items demanded are not
labor benefits demanded by workers generally taken cognizance of in labor disputes, such as payment of wages, overtime
compensation or separation pay. The items claimed are the natural consequences flowing from breach of an obligation,
intrinsically a civil dispute. - Singapore Airlines Limited v. Pao, 122 SCRA 671, 677
In the case below, PLAINTIFF had sued for monies loaned to DEFENDANT, the cost of repair jobs made on his personal
cars, and for the purchase price of vehicles and parts sold to him. Those accounts have no relevance to the Labor Code.
The cause of action was one under the civil laws, and it does not breach any provision of the Labor Code or the contract of
employment of DEFENDANT. Hence the civil courts, not the Labor Arbiters and the NLRC should have jurisdiction. SMC
vs NLRC, 1988
In the instant case, respondent Roque claimed for unpaid salaries and other benefits due to an employee. In addition, he
claimed damages basically on the sufferings, humiliations and embarrassments that he and his family experienced during
the pendency of the criminal case that Coke Bottlers initiated against him for estafa. Since resolving the issue calls for the
application of civil laws, the case is properly cognizable by the regular courts. Coca-Cola Bottlers vs Roque, 1982
Although the acts complained of seemingly appear to constitute 'matter involving employee-employer' relations as
Quisaba's dismissal was the severance of a pre-existing employee-employer relations, his complaint is grounded not on his
dismissal per se, as in fact he does not ask for reinstatement or backwages, but on the manner of his dismissal and the
consequent effects of such dismissal.
"Civil law consists of that 'mass of precepts that determine or regulate the relations . . . that exist
between members of a society for the protection of private interest (1 Sanchez Roman 3).
"The 'right' of the respondents to dismiss Quisaba should not be confused with the manner in which the right was
exercised and the effects flowing therefrom. If the dismissal was done anti-socially or oppressively as the complaint
alleges, then the respondents violated Article 1701 of the Civil Code which prohibits acts of oppression by either capital or
labor against the other, and Article 21, which makes a person liable for damages if he wilfully causes loss or injury to
another in a manner that is contrary to morals, good customs or public policy, the sanction for which, by way of moral
damages, is provided in article 2219, No. 10. *citation omitted+ Quisaba vs Sta Ines
Upon the facts and issues involved, jurisdiction over the present controversy must be held to belong to the civil Courts.
While seemingly petitioner's claim for damages arises from employer-employee relations, and the latest amendment to
Article 217 of the Labor Code under PD No. 1691 and BP Blg. 130 provides that all other claims arising from employer5
employee relationship are cognizable by Labor Arbiters [citation omitted], in essence, petitioner's claim for damages is
grounded on the "wanton failure and refusal" without just cause of private respondent Cruz to report for duty despite
repeated notices served upon him of the disapproval of his application for leave of absence without pay. This, coupled
with the further averment that Cruz "maliciously and with bad faith" violated the terms and conditions of the conversion
training course agreement to the damage of petitioner removes the present controversy from the coverage of the Labor
Code and brings it within the purview of Civil Law.
Clearly, the complaint was anchored not on the abandonment per se by private respondent Cruz of his jobas the latter
was not required in the Complaint to report back to workbut on the manner and consequent effects of such
abandonment of work translated in terms of the damages which petitioner had to suffer. Portillo vs Sta Ines, 2012
EXCEPTION to the EXCEPTION/s:

1.
Secretary of Labor and Employment exercises his power under Art 263(g) of the Labor Code to assume jurisdiction over national
interest cases and decide them himself;
2.
When the NLRC exercises its power of compulsory arbitration over national interest cases that were certified to it by the Secretary of
Labor and Employment pursuant to the exercise by the latter of his certification power under Art 263(g); or
3.
When the parties agree to submit the case to voluntary arbitration before a Voluntary Arbitrator or Panel of Voluntary Arbitrators
who, under Art 261 and 262 of the Labor Code are also possessed of original and exclusive jurisdiction to hear and decide cases
mutually substituted to them by the parties for arbitration and adjudication.
JURISDICTION OF THE LABOR ARBITER:

1. Unfair labor practice (ULP) cases;
2. Termination disputes (or illegal dismissal cases);
LABOR ARBITER
ORDINARY APPEAL
Memorandum of Appeal
10 days
Contempt Cases within 5 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)
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
employer-employee relations;
5.
Cases arising from any violation of Article 264 of the Labor Code, including
questions involving the legality of strikes and lockouts;
6. 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;
7. Wage distortion disputes in unorganized establishments not voluntarily settled by
the parties pursuant to Republic Act No. 6627;
8. Enforcement of compromise agreements when there is non-compliance by any of
the parties pursuant to Article 227 of the Labor Code, as amended;
File a Motion for Reconsideration

If MR is denied, Petition for Certiorari
under Rule 65
60 days
9. Money claims arising out of employer-employee relationship or by virtue of any

law or contract, involving Filipino workers for overseas employment, including
claims for actual, moral, exemplary and other forms of damages as provided by
Section 10 of R.A. No. 8042, as amended by R.A. No. 10022;
10. Contested cases under the exception clause of Article 128(b) of the Labor Code,
as amended by R.A. 7730; and
COURT OF APPEALS
(CA)
11. Other cases as may be provided by law.

Source: http://nlrc.dole.gov.ph/?q=node/76
Petition for Review on Certiorari

under Rule 45
15 days
In exceptional cases, Petition for Certiorari
under Rule 65
SUPREME COURT
(SC)
UNFAIR LABOR PRACTICE CASES
LABOR ARBITER
ORDINARY APPEAL
10 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
Art 212(k). "Unfair labor practice" means any unfair labor practice as
expressly defined by the Code.
Article 247. Concept of unfair labor practice and procedure for prosecution
thereof. Unfair labor practices violate the constitutional right of
workers and employees to self-organization, are inimical to the
legitimate interests of both labor and management, including their
right to bargain collectively and otherwise deal with each other in an
atmosphere of freedom and mutual respect, disrupt industrial peace
and hinder the promotion of healthy and stable labor-management
relations.
Consequently, unfair labor practices are not only violations of the civil rights
of both labor and management but are also criminal offenses against
the State which shall be subject to prosecution and punishment as
herein provided.
Subject to the exercise by the President or by the Secretary of Labor and
Employment of the powers vested in them by Articles 263 and 264 of
this Code, the civil aspects of all cases involving unfair labor practices,
which may include claims for actual, moral, exemplary and other forms
of damages, attorneys fees and other affirmative relief, shall be under
the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give
utmost priority to the hearing and resolution of all cases involving
unfair labor practices. They shall resolve such cases within thirty (30)
calendar days from the time they are submitted for decision.
Recovery of civil liability in the administrative proceedings shall bar recovery
under the Civil Code.
No criminal prosecution under this Title may be instituted without a final
judgment finding that an unfair labor practice was committed, having
been first obtained in the preceding paragraph. During the pendency of
such administrative proceeding, the running of the period of
prescription of the criminal offense herein penalized shall be
considered interrupted: Provided, however, that the final judgment in
the administrative proceedings shall not be binding in the criminal case
nor be considered as evidence of guilt but merely as proof of
compliance of the requirements therein set forth. (As amended by
Batas Pambansa Bilang 70, May 1, 1980 and later further amended by
Section 19, Republic Act No. 6715, March 21, 1989).
Chapter II
UNFAIR LABOR PRACTICES OF EMPLOYERS
SUPREME COURT
(SC)
Article 248. Unfair labor practices of employers. It shall be unlawful for an

employer to commit any of the following unfair labor practice:
(a) To interfere with, restrain or coerce employees in the exercise of their
right to self-organization;
(b) To require as a condition of employment that a person or an employee
shall not join a labor organization or shall with-draw from one to which
he belongs;
(c) To contract out services or functions being performed by union members
when such will interfere with, restrain or coerce employees in the
exercise of their rights to self-organization;
(d) To initiate, dominate, assist or otherwise interfere with the formation or

administration of any labor organization, including the giving of
financial or other support to it or its organizers or supporters;
ULP
1 YEAR
CIVIL ASPECT
CRIMINAL ASPECT
- AMEO Damages
Attorneys Fees
Labor Arbiter
Final Judgment
muna from L.A. of
the civil aspect
(e) To discriminate in regard to wages, hours of work and other terms and
conditions of employment in order to encourage or discourage
membership in any labor organization. Nothing in this Code or in any
other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment,
except those employees who are already members of another union at
the time of the signing of the collective bargaining agreement.
Employees of an appropriate bargaining unit who are not members of
the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members
of the recognized collective bargaining agent, if such non-union
members accept the benefits under the collective bargaining
agreement: Provided, that the individual authorization required under
Article 242, paragraph (o) of this Code shall not apply to the nonmembers of the recognized collective bargaining agent;
(f) To dismiss, discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under this
Code;
(g) To violate the duty to bargain collectively as prescribed by this Code;
(h) To pay negotiation or attorneys fees to the union or its officers or agents
as part of the settlement of any issue in collective bargaining or any
other dispute; or
(i) To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers
and agents of corporations, associations or partnerships who have
actually participated in, authorized or ratified unfair labor practices
shall be held criminally liable. (As amended by Batas Pambansa Bilang
130, August 21, 1981).
Chapter III
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Article 249. Unfair labor practices of labor organizations. - It shall be unfair
labor practice for a labor organization, its officers, agents or
representatives:
(a) To restrain or coerce employees in the exercise of their right to selforganization. However, a labor organization shall have the right to
prescribe its own rules with respect to the acquisition or retention of
membership;
(b) To cause or attempt to cause an employer to discriminate against an
employee, including discrimination against an employee with respect to
whom membership in such organization has been denied or to
terminate an employee on any ground other than the usual terms and
conditions under which membership or continuation of membership is
made available to other members;
(c) To violate the duty, or refuse to bargain collectively with the employer,
provided it is the representative of the employees;
(d) To cause or attempt to cause an employer to pay or deliver or agree to
pay or deliver any money or other things of value, in the nature of an
9
exaction, for services which are not performed or not to be performed,

including the demand for fee for union negotiations;
LABOR ARBITER
(e) To ask for or accept negotiation or attorneys fees from employers as part
of the settlement of any issue in collective bargaining or any other
dispute; or
(f) To violate a collective bargaining agreement.
ORDINARY APPEAL
10 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
The provisions of the preceding paragraph notwithstanding, only the officers,

members of governing boards, representatives or agents or members
of labor associations or organizations who have actually participated in,
authorized or ratified unfair labor practices shall be held criminally
liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981).
Art 263(c) In case of bargaining deadlocks, the duly certified or recognized

bargaining agent may file a notice of strike or the employer may file a
notice of lockout with the Ministry at least 30 day before the intended
date thereof. In cases of unfair labor practice, the period of notice shall
be 15 days and in the absence of a duly certified or recognized
bargaining agent, the notice of strike may be filed by any legitimate
labor organization in behalf of its members. However, in case of
dismissal from employment of union officers duly elected in
accordance with the union constitution and by-laws, which may
constitute union busting, where the existence of the union is
threatened, the 15-day cooling-off period shall not apply and the union
may take action immediately. (As amended by Executive Order No. 111,
December 24, 1986).
Relate to Art 261
Article. 261. Jurisdiction of Voluntary Arbitrators or panel of Voluntary
Arbitrators. - The Voluntary Arbitrator or panel of Voluntary Arbitrators
shall have original and exclusive jurisdiction to hear and decide all
unresolved grievances arising from the interpretation or
implementation of the Collective Bargaining Agreement and those
arising from the interpretation or enforcement of company personnel
policies referred to in the immediately preceding article. Accordingly,
violations of a Collective Bargaining Agreement, except those which are
gross in character, shall no longer be treated as unfair labor practice
and shall be resolved as grievances under the Collective Bargaining
Agreement. For purposes of this article, gross violations of Collective
Bargaining Agreement shall mean flagrant and/or malicious refusal to
comply with the economic provisions of such agreement.
The Commission, its Regional Offices and the Regional Directors of the
Department of Labor and Employment shall not entertain disputes,
grievances or matters under the exclusive and original jurisdiction of
the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall
immediately dispose and refer the same to the Grievance Machinery or
Voluntary Arbitration provided in the Collective Bargaining Agreement.
2. Termination disputes (or illegal dismissal cases);

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
employer-employee relations;
10
5.
Cases arising from any violation of Article 264 of the Labor Code, including
questions involving the legality of strikes and lockouts;
6. 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;
LABOR ARBITER
7. Wage distortion disputes in unorganized establishments not voluntarily settled

by the parties pursuant to Republic Act No. 6627;
8. Enforcement of compromise agreements when there is non-compliance by any
of the parties pursuant to Article 227 of the Labor Code, as amended;
ORDINARY APPEAL
10 days
9. Money claims arising out of employer-employee relationship or by virtue of any

law or contract, involving Filipino workers for overseas employment,
including claims for actual, moral, exemplary and other forms of damages as
provided by Section 10 of R.A. No. 8042, as amended by R.A. No. 10022;
10. Contested cases under the exception clause of Article 128(b) of the Labor
Code, as amended by R.A. 7730; and
11. Other cases as may be provided by law.
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)
Source: http://nlrc.dole.gov.ph/?q=node/76

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
11
12
LABOR ARBITER
ORDINARY APPEAL
10 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
13
LABOR ARBITER
ORDINARY APPEAL
10 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
14
TERMINATION DISPUTES
LABOR ARBITER
If there is a claim for REINSTATEMENT, the jurisdiction shall be with the

Labor Arbiter regardless of the amount;
If there is no claim for reinstatement and the amount is Php 5,000 OR
ABOVE, the Labor Arbiter regardless of the amount;
ORDINARY APPEAL
10 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
If there is no claim for reinstatement and the amount is aggregate of Php

5,000 of each employment, then the Regional Director shall take
cognizance and is appealable to the NLRC within 5 days (Art 129).
EXCEPTIONAL CLAUSE
(ART 128B)
If there is a claim for REINSTATEMENT, the jurisdiction shall be with the
Labor Arbiter regardless of the amount;
If there is no claim for reinstatement and the amount is Php 5,000 OR
ABOVE, the Labor Arbiter regardless of the amount;
WAGE DISTORTION
(ART 124 par5)
Wage distortion shall mean a situation where an increase in prescribed
wage rates results in the elimination or severe contraction of
intentional quantitative differences in wage or salary rates between
and among employee groups in an establishment as to effectively
obliterate the distinctions embodied in such wage structure based on
skills, length of service, or other logical bases of differentiation.
If there is CBA, the issue shall be resolved through grievance machinery
or by the Voluntary Arbitrator
If the wage distortion occurred in organized environment, grievance
machinery or through voluntary arbitration
Otherwise through, Labor Arbitrator.

under Rule 65
MIGRANT WORKERS CLAIM

SUPREME COURT
(SC)
Sec 10 of RA 8042, as amended by RA 10022;

SEC. 10. Money Claims. - Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and
decide, within ninety (90) calendar days after filing of the complaint, the
claims arising out of an employer-employee relationship or by virtue of
15
any law or contract involving Filipino workers for overseas deployment

including claims for actual, moral, exemplary and other forms of damages.
Perfected contract of OFW by the POEA even though the worker was not
deployed (Estate of Dulay vs NLRC):
It is true that R.A. 8042 is a special law governing overseas Filipino
workers. However, a careful reading of this special law would readily show
that there is no specific provision thereunder which provides for
jurisdiction over disputes or unresolved grievances regarding the
interpretation or implementation of a CBA. Section 10 of R.A. 8042, which
is cited by petitioner, simply speaks, in general, of claims arising out of an
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. On the other
hand, Articles 217(c) and 261 of the Labor Code are very specific in stating
that voluntary arbitrators have jurisdiction over cases arising from the
interpretation or implementation of collective bargaining agreements.
Stated differently, the instant case involves a situation where the special
statute (R.A. 8042) refers to a subject in general, which the general statute
(Labor Code) treats in particular. In the present case, the basic issue raised
by Merridy Jane in her complaint filed with the NLRC is: which provision of
the subject CBA applies insofar as death benefits due to the heirs of Nelson
are concerned. The Court agrees with the CA in holding that this issue
clearly involves the interpretation or implementation of the said CBA. Thus,
the specific or special provisions of the Labor Code govern.
The claims arise out of er-ee, or contract or by law.
CONTEMPT CASES
Robosa, et. al. vs. NLRC, G.R. No. 176085, February 8, 2012
In a February 2012 decision, the Supreme Court stressed that under Article 218 of
the Labor Code, the NLRC (and the labor arbiters) may hold any offending party in
contempt, directly or indirectly, and impose appropriate penalties in accordance
with law. The penalty for direct contempt consists of either imprisonment or fine,
the degree or amount depends on whether the contempt is against the
Commission or the labor arbiter. The Labor Code, however, requires the labor
arbiter or the Commission to deal with indirect contempt in the manner
prescribed under Rule 71 of the Rules of Court.
Rule 71 of the Rules of Court does not require the labor arbiter or the NLRC to
initiate indirect contempt proceedings before the trial court. This mode is to be
observed only when there is no law granting them contempt powers. As is clear
under Article 218(d) of the Labor Code, the labor arbiter or the Commission is
empowered or has jurisdiction to hold the offending party or parties in direct or
indirect contempt. The petitioners in this case, however, have not improperly
brought the indirect contempt charges against the respondents before the NLRC.
COMPROMISE AGREEMENT
Those which were not enforced;
Those which were not complied with
16
LABOR ARBITER
ORDINARY APPEAL
10 days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
17
LABOR ARBITER
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
18
Other cases over which the Labor Arbiter may take cognizance of:
1
Contested cases under the exception clause of Article 128(b) of the Labor Code, as
amended by R.A. 7730 provided that:
a.
The Employer contests the findings of the labor regulations and raises
issues thereon;
b. Evidentiary matters are required to be examined; and
c.
Verification of such matters is not feasible in the ordinary course of
inspection.
Rehabilitation receivership shall only suspend the jurisdiction of the Labor Arbiter.
Once the same is terminated, monetary claims may be brought before the labor
arbiters;
Rehabilitation receivership of a company has the effect of suspending
all proceedings at whatever stage it may be found - in all judicial or
quasi-judicial bodies. The NLRC may not proceed with hearing of
monetary claims. If already decided, the monetary awards cannot be
executed. If due for execution, no such execution may be had. Only
when there is liquidation that the monetary claims may be asserted.
The suspension of the proceedings is necessary to enable the
rehabilitation receiver to effectively exercise its powers free from any
judicial or extra-judicial interference that might unduly hinder the
rescue of the distressed company. Once the receivership proceedings
have ceased and the receiver/liquidator is given the imprimatur to
proceed with corporate liquidation, the SEC order becomes functus
officio. Thus, there is no legal impediment for the execution of the
decision of the Labor Arbiter for the payment of separation pay by
presenting it with the rehabilitation receiver and liquidator, subject to
the rules on preference of credits.
Wage distortion cases only in unorganized cases (because if organized, the same
shall be brought before voluntary arbitration)
Direct contempt
SECTION 1. Direct contempt. (a) The Chairman or Commissioner/s or any Labor
Arbiter may summarily adjudge guilty of direct contempt any person committing
any act of misbehavior in the presence of or so near the Chairman or any
Commissioner or Labor Arbiter as to obstruct or interrupt the proceedings before
the same, including disrespect toward said officials, offensive acts toward others,
or refusal to be sworn or to answer as a witness or to subscriber to an affidavit or
deposition when lawfully required to do so. If the offense is committed against the
Commission or any member thereof, the same shall be punished by a fine not
exceeding five hundred pesos (P500) or imprisonment not exceeding five (5) days,
or both; and, if the offense is committed against any Labor Arbiter the same shall
19
be punished by a fine not exceeding One Hundred Pesos (P100.00) or

imprisonment not exceeding one (1) day, or both.
LABOR ARBITER
ORDINARY APPEAL
10 days
Indirect contempt
SECTION 2. Indirect Contempt. The Commission or any Labor Arbiter may also
cite any person for indirect contempt upon grounds and in the manner prescribed
under Rule 71 of the Revised Rules of Court.
Monetary claims and illegal dismissal of employees Cooperatives except with

regard to termination of membership under RA 6938.
Illegal dismissal cases involving priests and religious ministers with respect to their
employer-employee relationship or employment but not with regard to
excommunication or expulsion from the congregation.
Cases involving employees of GOCC without original charters (because these are
organized under the Corporation Code)
Private corporation employees except corporate officers named in the AOI and
By-Laws of the corporation, provided that if these corporate officers are holding
other non-corporate positions, they may be dismissed as such.
10
Legality of Deduction for Tax Purposes intertwined with the main issue of
employees full payment of benefits arising from employer-employee relationship.
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)

under Rule 65
60 days
COURT OF APPEALS
(CA)
Sources: http://nlrc.dole.gov.ph/?q=node/38
http://www.chanrobles.com/legal4labor3.htm
http://www.chanrobles.com/nlrcnewrulesofprocedure1.html#.VATc08VdXvI

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
NATIONAL LABOR RELATIONS COMMISSION

20
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)
1.
2.
3.

10 days
4.
5.
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;
Injunction in strikes or lockouts under Article 264 of the Labor Code;
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;
Direct Contempt under Sec 1, Rule 9 of the 2011 NLRC; and
Annulment or Modification of Order or Resolution by verified petition of the
Labor Arbiter during the Execution Proceedings through under Sec 1, Rule 12 of
the 2011 NLRC Rules of Procedure.
Exclusive Appellate Jurisdiction

COURT OF APPEALS
(CA)
1.
2.
3.

under Rule 45
SUPREME COURT
(SC)
4.
All cases decided by the Labor Arbiters (Art 217(b));

Direct Contempt; and
Art 263(g) When, in his opinion, there exists a labor dispute causing or likely to
cause a strike or lockout in an industry indispensable to the national interest,
the Secretary of Labor and Employment may assume jurisdiction over the
dispute and decide it or certify the same to the Commission for compulsory
arbitration. Such assumption or certification shall have the effect of
automatically enjoining the intended or impending strike or lockout as specified
in the assumption or certification order. If one has alrea ndy taken place at the
time of assumption or certification, all striking or locked out employees shall
immediately return-to-work and the employer shall immediately resume
operations and readmit all workers under the same terms and conditions
prevailing before the strike or lockout. The Secretary of Labor and Employment
or the Commission may seek the assistance of law enforcement agencies to
ensure compliance with this provision as well as with such orders as he may
issue to enforce the same.
Art 129. 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.
GRIEVANCE COMMITTEE / MACHINERY

1.
2.
3.
Interpretation of CBA;
Interpretation of Company policies;
Distortion Cases in organized establishments
If not settled within 7 days, submit to voluntary arbitration

Constitutionality / Legality of CBA is with the RTC
Source: http://ncmb.ph/VAP/Voluntary_Arbitrators/The_VAs.html
21
GRIEVANCE
MACHINERY
If unsettled within 7 days,

Automatic Referral
VOLUNTARY
ARBITRATIONS
(NCMB)
Rule 43
15 days through a Petition
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
22
VOLUNTARY ARBITRATOR
Voluntary arbitration is an alternative mode of dispute resolution.
GRIEVANCE
MACHINERY
The process is as follows:

1. Submit agreement for arbitration
2. Notice/demand to arbitrate (if there is no appointed voluntary arbitrator, the
NCMB shall appoint)
3. If it did not participate, file a petition for review to the Court of Appeals.
Administrate
Intervention
Dispute
Avoidance
AIDA by the Secretary of Labor
If unsettled within 7 days,

Automatic Referral
VOLUNTARY
ARBITRATIONS
(NCMB)
Rule 43
15 days through a Petition
COURT OF APPEALS
(CA)

under Rule 45
15 days
1.
2.
3.
4.
All unresolved grievances arising from CBA;

All unresolved grievances arising from Company policies;
All unresolved Wage Distortion Case in organized establishments
All other labor disputes including ULP ad Bargaining deadlocks, upon
agreement of the parties including the illegality of strikes and lockouts
Appellate Jurisdiction
Art 262. The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon
agreement of the parties, shall also hear and decide all other labor disputes
including unfair labor practices and bargaining deadlocks.
Powers:
1. To hold hearings;
2. To receive evidence;
3. To take whatever action is necessary to resolve the issue/subject of the
dispute;
4. To conciliate or mediate to aid the parties in reaching a voluntary
settlement of the dispute;
5. To issue a writ of execution to enforce final decisions, orders,
resolutions or awards.
Source: http://ncmb.ph/VAP/Voluntary_Arbitrators/The_VAs.html

under Rule 65
SUPREME COURT
(SC)
23
Visitorial & Enforcement under Art

128
REGIONAL
DIRECTOR
10 days by
THE REGIONAL DIRECTOR

(OR DULY AUTHORIZED HEARING OFFICER)
Visitorial & Enforcement under Art 128
(Appeal to the Secretary)
1. Power to inspect employers record and premises;
2. Power to issue compliance orders;
3. Power to issue writs of execution; and
4. Power to Order Stoppage of Work or Suspension of Operation
There still exists EE-ER relationship.
VISITORIAL POWER includes access, power to investigate and to interview.
SECRETARY OF DOLE
Rule 65 within 60 days

By Petition
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
Money Claims
ENFORCEMENT POWER includes compliance order, writ of execution,

suspension order, closure order
Except if the following elements concur:
1. Employer contests the findings;
2. Evidentiary matters; and
3. Matters not verifiable in the normal course of inspection
The most important consideration for the allowance of the instant
petition is the opportunity for the Court not only to set the demarcation
between the NLRCs jurisdiction and the DOLEs prerogative but also the
procedure when the case involves the fundamental challenge on the
DOLEs prerogative based on lack of employer-employee relationship.
As exhaustively discussed here, the DOLEs prerogative hinges on the
existence of employer-employee relationship, the issue is which is at
the very heart of this case. And the evidence clearly indicates private
respondent has never been petitioners employee. But the DOLE did not
address, while the Court of Appeals glossed over, the issue. The
peremptory dismissal of the instant petition on a technicality
would deprive the Court of the opportunity to resolve the novel
controversy. Bombo Radyo vs NLRC
Money Claims
(Appeal to the NLRC)
1. Arising from er-ee relationship
2. No reinstatement
3. Does not exceed Php 5,000.00
Note that in this case, there are no more ER-EE relationship.
24
Regional Director
5 Days
NATIONAL LABOR
RELATIONS
COMMISSION
(NLRC)
10 days
COURT OF APPEALS
(CA)

under Rule 45
SUPREME COURT
(SC)
If INTRA-UNION DISPUTES and all other

disputes originating from Labor Relations
Regional Office (except INTER-UNION
DISPUTES)
THE DOLE LABOR RELATIONS REGIONAL OFFICE

Original & Exclusive
(Appeal to the Bureau of Labor Relations)
1. Inter-union Disputes/Representation Disputes;
Petition for Certification Election
Organized: if granted or denied, appeal
Unorganized: if granted, certiorari under
Rule 65
If denied, appeal
2.
3.
Intra-union / Internal Disputes;

All disputes, Grievances or Problems
Administrative Function
1. Registration of Labor union (single enterprise)
2. Keeping of Registry of Labor Union
3. Maintenance and custody of CBAs
25
Med-Arbiters
10 days by
BUREAU OF LABOR
RELATIONS

By Petition
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
INTER-UNION DISPUTES
26
Med-Arbiters
10 days by
SECRETARY OF DOLE

By Petition
COURT OF APPEALS
(CA)

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
NATIONAL CONCILIATION AND MEDIATION BOARD

-
The NCMB, created under Executive Order No. 126, reorganizing the DOLE,
shall formulate policies, develop plans and programs and set standards and
procedures relative to the promotion of conciliation and mediation of labor
disputes through the preventive mediation, conciliation and voluntary
arbitration; facilitation of labor-management cooperation through joint
mechanisms for information sharing, effective communication and
consultation and group-problem solving.
No adjudicatory power
E.O. 126
The main purpose is to conciliate and mediate
Notices of Strikes and Lockouts shall be filed herein
MEDIATION
TYPES OF MEDIATION
1. Facilitative
2. Evaluative
PREVENTIVE MEDIATION
Non-strikeable issue
Requested conversion of preventive mediation of issue of strike was not

really strikeable
Both parties agree to submit

CONCILIATION
27
FUNCTIONS
1. Formulate policies, programs, standards, procedures, manuals of
operations and guidelines pertaining to effective mediation and
conciliation of all labor dispute.
2. Perform preventive mediation and conciliation functions.
3. Coordinate and maintain linkages with other sectors of institutions, and
other government authorities concerned with matters relative to the
prevention and settlement of labor disputes.
4. Formulates policies, plans, programs, standards, procedures, manuals
of operations and guidelines pertaining to the promotion of
cooperative and non-adversarial schemes, grievance handling,
voluntary arbitration and other voluntary modes of dispute settlement.
5. Administer the voluntary arbitration program; maintain/update a list of
voluntary arbitrators, compile arbitration awards and decisions.
6. Provide counseling and preventive mediation assistance particularly in
the administration of collective agreements.
7. Monitor and exercise technical supervision over the Board's programs
being implemented in the regional offices; and
8. Perform such other functions as may be provided by law or assigned by
the Secretary.
Sources: http://www.lawphil.net/executive/execord/eo1987/eo_126_1987.html
http://ncmb.ph/
28
JURISDICTION OF THE BUREAU OF LABOR RELATIONS

BUREAU OF LABOR
RELATIONS
5 days by
Secretary of DOLE

By Petition
COURT OF APPEALS
(CA)

under Rule 45
15 days
Article. 226. Bureau of Labor Relations. - The Bureau of Labor Relations and the
Labor Relations Divisions in the regional offices of the Department of Labor, shall
have original and exclusive authority to act, at their own initiative or upon
request of either or both parties, on all inter-union and intra-union conflicts, and
all disputes, grievances or problems arising from or affecting labor-management
relations in all workplaces, whether agricultural or non-agricultural, except those
arising from the implementation or interpretation of collective bargaining
agreements which shall be the subject of grievance procedure and/or voluntary
arbitration.
The Bureau shall have fifteen (15) working days to act on labor cases before it,
subject to extension by agreement of the parties. (As amended by Section 14,
Republic Act No. 6715, March 21, 1989).
-
No adjudicatory power
E.O. 126
Original & Exclusive (Appeal to the Sec of Labor)
1. Inter-union Disputes/Representation Disputes;
Petition for Certification Election filed by a duly registered
labor org which is seeking to be recognized as the sole and
exclusive bargaining agent of the rank and file employees in
the appropriate bargaining unit of a company, firm or
establishment
Organized: if granted or denied, appeal
Unorganized: if granted, certiorari under
Rule 65
If denied, appeal

under Rule 65
2.
Intra-union / Internal Disputes;

Refers to disputes or grievances arising from any violation
of or disagreement over any provision of the constitution
and by-laws of the union, including any violation of rigts
and conditions of union membership provided for in the
Labor Code
3.
All disputes, grievances or problems arising from or affecting labormanagement relations in all workplace, except those arising from the
interpretation or implementation of the CBA which are subject of
grievance procedure and/or voluntary arbitration
SUPREME COURT
(SC)
Appellate & Exclusive Jurisdiction

1. Over cases decided by the Regional Labor Relations Office
2. Med-arbiter on Intra-Union Disputes
Administrative Function
3. Registration of Labor Unions (Multi-employer)
4. Keeping of Registry of Labor Unions
5. Maintenance and Custody of CBAs
Sources: http://www.chanrobles.com/legal4labor5.htm
29
JURISDICTION OF THE PHILIPPINE OVERSEAS EMPLOYMENT AGENCY

POEA
1.
Section 1, Book VI of POEA Rules and Regulations:
15 Days
Notice of Appeal & Appeal Memorandum
Section 1. Jurisdiction. - The Administration shall exercise original and

exclusive jurisdiction to hear and decide all pre-employment cases
which are administrative in character, involving or arising out of
violation of recruitment laws, rules and regulations including money
claims arising therefrom or violation of the conditions for issuance of
license to recruit workers.
Secretary of DOLE
Appellate
15 days
Petition for Review from Order of Denial of MR
All pre-employment cases which are administrative in character
2.
Refund of Fees collected from the workers or violation of the

conditions for issuance of license or authority to recruit workers
3.
Disciplinary action cases and other special cases which are

administrative in character, involving employers, principals, contracting
partners and OFWs processed by the POEA;
Office of the
President
Administrative Proceedings of POEA

Only over licensed and authorized agency. If not, criminal prosecution
through the assistance of the POEA before the RTC
Rule 43
15 Days
Petition
COURT OF APPEALS
(CA)
No more jurisdiction over money claims of OFWs EXCEPT for Refund for fees
Sources:

under Rule 45
15 days
under Rule 65
SUPREME COURT
(SC)
30
JURISDICTION OF THE NATIONAL WAGES & PRODUCTIVITY COMMISSION

REGIONAL
TRIPARTITE WAGE &
PRODUCTIVITY
BOARD
Assail Wage Order within

10 days from Publication
NATIONAL WAGE
AND PRODUCTIVITY
COMMISSION
60 days fron Petition

Rule 65
COURT OF APPEALS
(CA)
Powers
1. Power to determine and fix minimum wage rates applicable in the
region, provinces or industries therein
2. Issue corresponding wage order subject to the guidelines issued by the
NWPC
3. Issue exceptions from wage order subject to the review and approval
by the NWPC
Mandate
NWPC is a key policy making body on wages, incomes and productivity,
mandated under RA 6727 or the Wage Rationalization Act (1989) and RA
6971 or the Productivity Incentives Act of 1990 to:
Determine minimum wages at the regional,provincial and/or industry levels;
and
Promote productivity improvement and gainsharing schemes, particularly
among micro, small and medium enterprises.
NWPC formulates policies and guidelines on wages, incomes and
productivity and exercises technical and administrative supervision over the
RTWPBs.
With 17 RTWPBs (including ARMM) responsible for setting minimum wages
and promoting productivity improvement programs.

under Rule 45
Sources: http://www.nwpc.dole.gov.ph/
SUPREME COURT
(SC)
D.O. 10-F-03-H
31

Labor Arbiter: Interplay of The Labor Agencies in Cases of Strikes & Lockouts

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INTERPLAY OF THE LABOR AGENCIES IN CASES OF STRIKES & LOCKOUTS

ABC UNION ---------------------------------------------------------------------------------------- ABS CORPORATION

- Notice of Strike & Lockout

Notice of the strike vote,

The purpose of the notice of strike/ lockout is to

263 (H) re Strikes &

STRIKE VOTE / LOCKOUT

Appeal to the Court of Appeals under Art 43.

THE SECRETARY OF DOLE

Decisions of the MED-ARBITER in Certification Election cases

Injunction in strikes or lockouts under Article 264 of the Labor Code;

Direct Contempt under Sec 1, Rule 9 of the 2011 NLRC; and

Exclusive Appellate Jurisdiction

All cases decided by the Labor Arbiters including contempt cases;

Cases arising out of employer-employee relationship

Other cases as may be provided by law

EXCEPTION to the EXCEPTION/s:

JURISDICTION OF THE LABOR ARBITER:

File a Motion for Reconsideration

9. Money claims arising out of employer-employee relationship or by virtue of any

11. Other cases as may be provided by law.

Petition for Review on Certiorari

UNFAIR LABOR PRACTICE CASES

File a Motion for Reconsideration

Petition for Review on Certiorari

Article 248. Unfair labor practices of employers. It shall be unlawful for an

(d) To initiate, dominate, assist or otherwise interfere with the formation or

exaction, for services which are not performed or not to be performed,

File a Motion for Reconsideration

Petition for Review on Certiorari

The provisions of the preceding paragraph notwithstanding, only the officers,

Art 263(c) In case of bargaining deadlocks, the duly certified or recognized

2. Termination disputes (or illegal dismissal cases);

7. Wage distortion disputes in unorganized establishments not voluntarily settled

9. Money claims arising out of employer-employee relationship or by virtue of any

File a Motion for Reconsideration

Petition for Review on Certiorari

File a Motion for Reconsideration

Petition for Review on Certiorari

File a Motion for Reconsideration

Petition for Review on Certiorari

If there is a claim for REINSTATEMENT, the jurisdiction shall be with the

File a Motion for Reconsideration

Petition for Review on Certiorari

If there is no claim for reinstatement and the amount is aggregate of Php

In exceptional cases, Petition for Certiorari

MIGRANT WORKERS CLAIM

Sec 10 of RA 8042, as amended by RA 10022;

any law or contract involving Filipino workers for overseas deployment

File a Motion for Reconsideration

Petition for Review on Certiorari

Contempt Cases within 5 days

File a Motion for Reconsideration

Petition for Review on Certiorari

be punished by a fine not exceeding One Hundred Pesos (P100.00) or

Monetary claims and illegal dismissal of employees Cooperatives except with

Contempt Cases within 5 days

File a Motion for Reconsideration

Petition for Review on Certiorari

NATIONAL LABOR RELATIONS COMMISSION

File a Motion for Reconsideration

Injunction in ordinary labor disputes to enjoin or restrain any actual or

Exclusive Appellate Jurisdiction