Articles 129 and Article 217

Money claims of OFW (RA 8042, as amended by RA 9422 and RA 10022)

Money claims of OFW

RA 10022

Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:

"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 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 damage. Consistent with this mandate, the NLRC shall
endeavor to update and keep abreast with the developments in the global services industry.

"The liability of the principal/employer and the recruitment/placement agency for any and all claims under this
section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval.

The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable
for all money claims or damages that may be awarded to the workers.

If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the
case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the
aforesaid claims and damages.

"Such liabilities shall continue during the entire period or duration of the employment contract and shall not be
affected by any substitution, amendment or modification made locally or in a foreign country of the said contract.

"Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this
section

paid within thirty (30) days from approval of the settlement by the appropriate authority.

"In case of

termination of overseas employment without just, valid or authorized cause as defined by law or
contract, or
any unauthorized deductions from the migrant worker's salary,

the worker shall be entitled to the full reimbursement if his placement fee and the deductions made with interest
at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for
three (3) months for every year of the unexpired term, whichever is less.
"In case of a final and executory judgement against a foreign employer/principal, it shall be automatically
disqualified, without further proceedings, from participating in the Philippine Overseas Employment Program
and from recruiting and hiring Filipino workers until and unless it fully satisfies the judgement award.

"Noncompliance with the mandatory periods for resolutions of case provided under this section shall subject the
responsible officials to any or all of the following penalties:

"(a) The salary of any such official who fails to render his decision or resolution within the prescribed period shall
be, or caused to be, withheld until the said official complies therewith;

"(b) Suspension for not more than ninety (90) days; or

"(c) Dismissal from the service with disqualification to hold any appointive public office for five (5) years.

"Provided, however, That the penalties herein provided shall be without prejudice to any liability which any such
official may have incured under other existing laws or rules and regulations as a consequence of violating the
provisions of this paragraph."

VENUE AND JURISDICTION

RULE IV SECTION 1. VENUE. - a) All cases which Labor Arbiters have authority to hear and decide may be filed in
the Regional Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner.

For purposes of venue, the workplace shall be understood as the place or locality where the employee is
regularly assigned at the time the cause of action arose. It shall include:

the place where the employee is supposed to report back after a temporary detail, assignment, or
travel.
Field employees, as well as ambulant or itinerant workers, their workplace is where they are regularly
assigned, or where they are supposed to regularly receive their salaries and wages or work instructions
from, and report the results of their assignment to, their employers.

b) Where two (2) or more Regional Arbitration Branches have jurisdiction over the workplace of the complainant or
petitioner, the Branch that first acquired jurisdiction over the case shall exclude the others.

c) When venue is not objected to before the filling of position papers such issue shall be deemed waived.
d) The venue of an action may be changed or transferred to a different Regional Arbitration Branch other than
where the complaint was filed by:

> written agreement of the parties

> or when the Commission or Labor Arbiter before whom the case is pending so orders, upon motion by the
proper party in meritorious cases.

e) Cases involving overseas Filipino workers may be filed before the Regional Arbitration Branch having
jurisdiction over the

> place where the complainant resides or

> place where the principal office of any of the respondents is situated, at the option of the complainant.

RULE V

SECTION 4. SERVICE OF SUMMONS Summons shall be

served personally upon the parties

o by the bailiff or a duly authorized public officer
o within three (3) days from his/her receipt thereof,
or by registered mail,
or by private courier authorized by the Commission;

Provided that in special circumstances, service of summons may be effected in accordance with the pertinent
provisions of the Rules of Court.

The bailiff or officer serving the summons shall submit his/her return within two (2) days from date of service
thereof, stating legibly in his/her return

his/her name,
the names of the persons served and
the date of receipt,

which return shall be immediately attached to the records and shall be part thereof.

***If no service was effected, the reason thereof shall be stated in the return.

In case of service by registered mail or by private courier, the names of the addressees and the dates of receipt of
the summons shall be written in the return card or in the proof of service issued by the private courier. If no service
was effected, the reason thereof shall be so stated. (n)
Natural or juridical persons

The full names of all the real parties in interest, whether natural or juridical persons or entities authorized by law,
shall be stated in the caption of the complaint or petition, as well as in the decisions, resolutions or orders of the
Labor Arbiter or the Commission.

SECTION 4. SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. - a) Notices and copies of resolutions
or orders, shall be served

personally upon the parties by the bailiff or duly authorized public officer within three (3) days from
his/her receipt thereof or
by registered mail or
by private courier;

b) In case of decisions and final awards, copies thereof shall be served on both parties and their counsel or
representative

by registered mail or
by private courier

Provided that, in cases where a party to a case or his/her counsel on record personally seeks service of the decision
upon inquiry thereon, service to said party shall be deemed effected as herein provided.

Where parties are numerous, service shall be made

on counsel and
upon such number of complainants, as may be practicable and shall be considered substantial
compliance with Article 224 (a) of the Labor Code, as amended.

For purposes of appeal, the period shall be COUNTED FROM RECEIPT of such decisions, resolutions, or orders by
the counsel or representative of record.

c) The bailiff or officer serving the notice, order, or resolution shall

submit his/her return within two (2) days from date of service thereof,
stating legibly in his/her return
o his/her name,
o the names of the persons served and
o the date of receipt,
which return shall be immediately attached and shall form part of the records of the case.

***In case of service by registered mail or by private courier,

the name of the addressee and

the date of receipt of the notice, order or resolution
 shall be written in the return card or in the proof of service issued by the private courier.

If no service was effected, the reason thereof shall be so stated. (6a)

SECTION 2. RAFFLE AND ASSIGNMENT OF CASES.

- a) All complaints and petitions filed with the docket unit of the Regional Arbitration Branch shall be immediately
raffled and assigned to a Labor Arbiter from receipt thereof.

b) The Executive Labor Arbiter shall be responsible for the immediate raffle and assignment of all complaints and
petitions filed with his/her Regional Arbitration Branch, and the immediate forwarding of all subsequent pleadings
and motions.

c) All pleadings and motions subsequent to the filing of the complaint shall be forwarded to the Labor Arbiter
before whom the case is pending within twenty-four (24) hours from receipt thereof.

SECTION 6. APPEARANCES. - a) A lawyer appearing for a party is presumed to be properly authorized for that
purpose.

In every case, he/she shall indicate in his/her pleadings and motions

his/her Attorneys Roll Number,

well as his/her Professional Tax Receipt number and
IBP numbers for the current year
and Mandatory Continuing Legal Education compliance.

b) A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only under the
following conditions:

(1) he/she represents himself/herself as party to the case;

(2) he/she represents a legitimate labor organization, as defined under Article 212 and 242 of the Labor Code, as
amended, which is a party to the case:

Provided, that he/she presents to the Commission or Labor Arbiter during the mandatory conference or initial
hearing:

(i) a certification from the Bureau ofLabor Relations (BLR) or Regional Office of the Department of Labor
and Employment attesting that the organization he/she represents is duly registered and listed in the
roster of legitimate labor organizations;
(ii) a verified certification issued by the secretary and attested to by the president of the said organization
stating that he/she is authorized to represent the said organization in the said case; and
(iii) a copy of the resolution of the board of directors of the said organization granting him such authority;

(3)he/she represents a member or members of a legitimate labor organization that is existing within the employers
establishment, who are parties to the case: Provided, that he/she presents:
(i) a verified certification attesting that he/she is authorized by such member or members to represent them in the
case; and

(ii) a verified certification issued by the secretary and attested to by the president of the said organization stating
that the person or persons he/she is representing are members of their organization which is existing in the
employers establishment;

(4) he/she is a duly-accredited member of any legal aid office recognized by the Department of Justice or Integrated
Bar of the Philippines: Provided, that he/she (i) presents proof of his/her accreditation; and (ii) represents a party

to the case;

(5) he/she is the owner or president of a corporation or establishment which is a party to the case: Provided, that
he/she presents: (i) a verified certification attesting that he/she is authorized to represent said corporation or
establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar
resolution or instrument issued by said establishment, granting him/her such authority.

c) Appearances of a non-lawyer in contravention of this section shall not be recognized in any proceedings before
the Labor Arbiter or the Commission.

d) Appearances may be made orally or in writing. In both cases, the complete name and office address of counsel
or authorized representative shall be made of record and the adverse party or his counsel or authorized
representative properly notified.

e) In case of change of address, the counsel or representative shall file a notice of such change, copy furnished the
adverse party and counsel or representative, if any.

f) Any change or withdrawal of counsel or authorized representative shall be made in accordance with the Rules of
Court. (8a)

SECTION 8. MANDATORY CONCILIATION AND MEDIATION CONFERENCE.

a) The mandatory conciliation and mediation conference shall be called for the purpose of

(1) amicably settling the case upon a fair compromise;

(2) determining the real parties in interest;

(3) determining the necessity of amending the complaint and including all causes of action;

(4) defining and simplifying the issues in the case;

(5) entering into admissions or stipulations of facts; and

(6) threshing out all other preliminary matters.

The Labor Arbiter shall personally preside over and take full control of the proceedings

may be assisted by the Labor Arbitration Associate in the conduct thereof.

b) Conciliation and mediation efforts shall be exerted by the Labor Arbiters all throughout the mandatory
conferences.
 Any agreement entered into by the parties whether in partial or full settlement of the dispute shall be
reduced into writing and signed by the parties and their counsel or the parties authorized
representatives, if any.

c) In any case, the compromise agreement shall be approved by the Labor Arbiter, if after explaining to the
parties, particularly to the complainants, the terms, conditions and consequences thereof,

he/she is satisfied that they understand the agreement,

that the same was entered into freely and voluntarily by them, and
that it is not contrary to law, morals, and public policy.

d) A compromise agreement duly entered into in accordance with this Section shall be final and binding upon the
parties and shall have the force and effect of a judgment rendered by the Labor Arbiter.

e) The mandatory conciliation and mediation conference shall, except for justifiable grounds, be terminated within
thirty (30) calendar days from the date of the first conference.

f) No motion for postponement shall be entertained except

on meritorious grounds and

when filed at least three (3) days before the scheduled hearing. (3a)

Article 227. Compromise agreements. Any compromise settlement, including those involving labor standard laws,
voluntarily agreed upon by the parties with the assistance of the Bureau or the regional office of the Department
of Labor, shall be final and binding upon the parties. The National Labor Relations Commission or any court, shall
not assume jurisdiction over issues involved therein except:

in case of non-compliance thereof or

if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or
coercion.

Article 2028 Civil Code - A compromise is a contract whereby the parties, by making reciprocal concessions,

avoid a litigation or
put an end to one already commenced. (1809a)

A judgment rendered in accordance with a compromise agreement is not appealable and is immediately
executory,

unless a motion is filed to set aside the agreement on the ground of fraud, mistake, or duress, in which
case an appeal may be taken against the order denying the motion.
A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their
differences and thus avoid litigation or to put an end to one already commenced.[12]

Once stamped with judicial imprimatur, it becomes more than a mere contract binding upon the parties; having
the sanction of the court and entered as its determination of the controversy, it has the force and effect of any
other judgment. It has the effect and authority of res judicata, although no execution may issue until it would
have received the corresponding approval of the court where the litigation pends and its compliance with the
terms of the agreement is thereupon decreed.

SECTION 11. SUBMISSION OF POSITION PAPER AND REPLY. - a) Subject to Sections 9 and 10 of this Rule, the Labor
Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting documents
and affidavits, if any, on a date set by him/her within ten (10) calendar days from the date of termination of the
mandatory conciliation and mediation conference.

The position papers of the parties shall cover only those claims and causes of action stated in the complaint or
amended complaint, accompanied by all supporting documents, including the affidavits of witnesses, which shall
take the place of their direct testimony, excluding those that may have been amicably settled.

d) Within ten (10) days from receipt of the position paper of the adverse party, a reply may be filed on a date
agreed upon and during a schedule set before the Labor Arbiter. The reply shall not allege and/or prove facts and
any cause or causes of action not referred to or included in the original or amended complaint or petition or raised
in the position paper.

Quantum of Evidence and Burden of Proof

The quantum of evidence required is SUBSTANTIAL EVIDENCE; while the BURDEN OF PROOF is on the
COMPLAINANT OR PETITIONER.

Article 221. Technical rules not binding and prior resort to amicable settlement. In any proceeding before the
Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be
controlling and it is the spirit and intention of this Code that the Commission and its members and the Labor
Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and
without regard to technicalities of law or procedure, all in the interest of due process. In any proceeding before the
Commission or any Labor Arbiter, the parties may be represented by legal counsel but it shall be the duty of the
Chairman, any Presiding Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the
proceedings at all stages.

Any provision of law to the contrary notwithstanding, the Labor Arbiter shall exert all efforts towards the amicable
settlement of a labor dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the
Commission in the exercise of its original jurisdiction. (As amended by Section 11, Republic Act No. 6715, March 21,
1989)

Appeal Procedure:
Article 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are final and executory unless appealed to
the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards, or
orders. Such appeal may be entertained only on any of the following grounds:

If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;

If the decision, order or award was secured through fraud or coercion, including graft and corruption;

If made purely on questions of law; and

If serious errors in the findings of facts are raised which would cause grave or irreparable damage or
injury to the appellant.

In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the
posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in
the amount equivalent to the monetary award in the judgment appealed from.

In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the
reinstatement aspect is concerned, shall immediately be executory, even pending appeal . The employee shall
either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation
or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not
stay the execution for reinstatement provided herein.

To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall impose reasonable penalty,
including fines or censures, upon the erring parties.

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file an
answer not later than ten (10) calendar days from receipt thereof.

The Commission shall decide all cases within twenty (20) calendar days from receipt of the answer of the
appellee. The decision of the Commission shall be final and executory after ten (10) calendar days from receipt
thereof by the parties.
Any law enforcement agency may be deputized by the Secretary of Labor and Employment or the Commission in
the enforcement of decisions, awards or orders. (As amended by Section 12, Republic Act No. 6715, March 21,
1989)

SECTION 10. FRIVOLOUS OR DILATORY APPEALS. - No appeal from an interlocutory order shall be entertained. To
discourage frivolous or dilatory appeals, including those taken from interlocutory orders, the Commission after
hearing may censure or cite in contempt the erring parties and their counsels, or subject them to reasonable fine
or penalty. (10a)

NLRC en banc res. No. 08-07, S. 2007

i) proof of payment of the required appeal fee (2005 NLRC Rule: P150.00 only, but in NLRC En Banc Res. No. 08-07,
Series of 2007 effective June 24, 2007 on New Schedule of Legal Fees: P500.00);

Requisite to perfect appeal

SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. - a) The appeal shall be:

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

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

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

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

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

b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of
the period for perfecting an appeal.
c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed,
his/her answer or reply to appellant's memorandum of appeal, not later than ten (10) calendar days from receipt
thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal to file his/her
answer or reply within the said period may be construed as a waiver on his/her part to file the same.

d) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected in accordance with these
Rules, the Commission shall limit itself to reviewing and deciding only the specific issues that were elevated on
appeal. (4a)

PROHIBITED APPEALS

SECTION 5 RULE V

g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order:

(1) denying a motion to dismiss;

(2) denying a motion to inhibit; (

3) denying a motion for issuance of writ of execution; or

(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.

i) Such other pleadings, motions and petitions of similar nature intended to circumvent above provisions. (5a, RIII)

SECTION 1 RULE XI on EXECUTION:

b) If an appeal has been duly perfected and finally resolved by the Commission, a motion for execution may be filed
before the Labor Arbiter, when the latter has possession of the case records or upon submission of certified true
copies of the decisions or final order/s sought to be enforced including notice of decision or order and the entry of
judgment, copy furnished the adverse party

NLRC COMPOSITION, POWERS AND FUNCTIONS; RA 9347 EFFECTIVE AUG. 26, 2006
NLRC Division quasi-judicial power
NLRC En Banc administrative power
NLRC is not under DOLE; attached only to DOLE for policy and program purposes
AN ACT RATIONALIZING THE COMPOSITION AND FUNCTIONS OF THE NATIONAL LABOR RELATIONS
COMMISSION, AMENDING FOR THIS PURPOSE ARTICLE 213, 214, 215 AND 216 OF P.D. NO. 442, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 213 of the Presidential Decree 442, as amended, otherwise known as the Labor Code of the
Philippines, is hereby amended to read as follows:
"ART. 213. National Labor Relations Commission. - There shall be a National Labor Relations Commission which
shall be attached to the Department of Labor and Employment SOLELY for program and policy coordination only,
composed of a Chairman and TWENTY-THREE (23) Members.
EIGHT (8) MEMBERS from among the nominees of the workers organizations
EIGHT MEMBERS from employers organizations
The Chairman and the SEVEN (7) remaining members shall come from the public sector, with the latter to
be chosen PREFERABLY from among the INCUMBENT LABOR ARBITERS.
"Upon assumption into office, the members nominated by the workers and employers organizations shall divest
themselves of any affiliation with or interest in the federation or association to which they belong.
"The Commission may:
sit en banc
o The Commission shall sit en banc only for purposes of promulgating rules and regulations
governing the hearing and disposition of cases before any of its divisions and regional branches
and formulating policies affecting its administration and operations.
or in EIGHT (8) divisions, each composed of three (3) members.
o The Commission shall exercise its adjudicatory and all other powers, functions, and duties
through its divisions. Of the EIGHT (8) divisions:
the first, second third, FOURTH, FIFTH AND SIXTH divisions shall handle cases coming
from the National Capital Region and other parts of Luzon;
and the SEVENTH (Cebu City), - cases from the Visayas
AND EIGHTH divisions (Cagayan de Oro City), cases from Mindanao
Provided, That the Commission sitting en banc may, on temporary or emergency basis, allow cases
within the jurisdiction of any division to be heard and decided by any other division
o whose docket allows the additional workload and
o such transfer will not expose litigants to unnecessary additional expenses.
The divisions of the Commission shall have exclusive appellate jurisdiction over cases within their
respective territorial jurisdiction.
"The concurrence of two (2) Commissioners of a division shall be necessary for the pronouncement of a
judgment or resolution.
Whenever the required membership in a division is not complete and the concurrence of two (2)
Commissioners to arrive at a judgment or resolution cannot be obtained, the Chairman shall designate
such number of additional Commissioners from the other divisions as may be necessary.
"The conclusions of a division on any case submitted to it for decision shall be reached in consultation before the
case is assigned to a member for the writing of the opinion. It shall be mandatory for the division to meet for
purposes of the consultation ordained therein. A certification to this effect signed by the Presiding Commissioner of
the division shall be issued, and a copy thereof attached to the record of the case and served upon the parties.
"The Chairman shall be the Presiding Commissioner of the first division, and the SEVEN (7) other members from
the public sector shall be the Presiding Commissioners of the second, third, fourth, fifth, sixth, seventh and eight
divisions, respectively.
 In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner of the second
division shall be the Acting Chairman.
"The Chairman, aided by the Executive Clerk of the Commission, shall have administrative supervision over the
Commission and its regional branches and all its personnel, including the Labor Arbiters.
"The Commission, when sitting en banc, shall be assisted by the same Executive Clerk, and, when acting thru its
Divisions, by said Executive Clerk for its first division and SEVEN (7) other Deputy Executive Clerks for the second,
third, fourth fifth, sixth, seventh and eight divisions, respectively, in the performance of such similar or equivalent
functions and duties as are discharged by the Clerk of Court and Deputy Clerks of Court of the Court of Appeals.
"The Commission and its eight (8) divisions shall be assisted by the Commission Attorneys in its Appellate and
adjudicatory functions whose term shall be coterminous with the Commissioners with whom they are assigned.
The Commission Attorneys shall be members of the Philippine Bar with at least one (1) year experience or exposure
in the field of labor-management relations. They shall receive annual salaries and shall be entitled to the same
allowances and benefits as those falling under Salary Grade twenty-six (SG 26). There shall be as many Commission
Attorneys as may be necessary for the effective and efficient operations of the Commission but in no case more
than three (3) assigned to the Office of the Chairman and each Commissioner."
"No Labor Arbiter shall be assigned to perform the functions of the Commission Attorney nor detailed to the office
of any Commissioner."
SEC. 2. Article 214 of the Labor Code is hereby amended to read as follows.
"ART. 214. Headquarters, Branches and Provincial Extension Units. - The Commission and its first, second, third,
fourth, fifth and sixth divisions shall have their main offices in Metropolitan Manila, and the seventh and eight
divisions in the cities of Cebu and Cagayan de Oro, respectively. The Commission shall establish as many regional
branches as there are regional offices of the Department of Labor and Employment, sub-regional branches or
provincial extension units. There shall be as many Labor Arbiters as may be necessary for the effective and efficient
operation of the Commission.
SEC. 3. Article 215 of the Labor Code is hereby amended to read as follows:
"ART. 215. Appointment and Qualifications. - The Chairmans and other Commissioners shall be members of the
Philippine Bar and must have been engaged in the practice of law in the Philippines for at least fifteen (15) years,
with at least five (5) years experience or exposure in the field of labor-management relations, and shall
preferably be residents of the region where they SHALL hold office. The Labor Arbiters shall likewise be members
of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least ten (10)
years, with at least five (5) years experience or exposure in THE FIELD OF labor-management relations.
"The Chairman, and the other Commissioners and the Labor Arbiters shall hold office during good behavior until
they reach the age of sixty-five (65) years, unless sooner removed for cause as provided by law or become
incapacitated to discharge the duties of their office. Provided, however, That the President of the Republic of the
Philippines may extent the services of the Commissioners and Labor Arbiters up to the maximum age of seventy (7)
years upon the recommendation of the Commission en banc.
"The Chairman, the Division Presiding Commissioners and other Commissioners shall all be appointed by the
President. Appointment to any vacancy in a specific division shall come only from the nominees of the sector which
nominated the predecessor. The Labor Arbiters shall also be appointed by the President, upon recommendation
of the Commission en banc to a specific arbitration branch, preperably in the region where they are residents, and
shall be subject to the Civil Service Law, rules and regulations: Provided, that the labor arbiters who are presently
holding office in the region where they are residents shall be deemed appointed thereat.
"The Chairman and the Commission, shall appoint the staff and employees of the Commission, and its regional
branches as the needs of the service may require, subject to the Civil Service Law, rules and regulations, and
upgrade their current salaries, benefits and other emoluments in accordance with law."
SEC. 4. Article 216, as amended, is hereby further amended to read as follows:
"ART. 216. Salaries, benefits and other emoluments. The Chairman and members of the Commission shall have the
same rank, receive an annual salary equivalent to, and be entitled to the same allowances, retirement and benefits
as, those of the Presiding Justice and Associate Justices of the Court of Appeals, respectively. Labor Arbiters shall
have the same rank, receive an annual salary equivalent to and be entitled to the same allowances, retirement and
other benefits and privileges as those of the judges of the regional trial courts. In no case, however, shall the
provision of this Article result in the diminution of the existing salaries, allowances and benefits of the
aforementioned officials."
SEC. 5. Implementation. - The creation of the additional divisions shall be implemented for a period of not more
than three (3) years
SEC. 6. Separability Clause. - If any part, section or provision of this Act shall be held invalid or unconstitutional, the
other provisions shall not be affected thereby.
SEC. 7. Repealing Clause. - Presidential Decree 442, as amended, otherwise known as the Labor Code of the
Philippines, and all other acts, laws, executive orders, presidential issuances, rules and regulations or any part
thereof which are inconsistent herewith are hereby deemed repealed or modified accordingly.

RULE XII EXTRAORDINARY REMEDIES (n)

SECTION 1. VERIFIED PETITION.. - A party aggrieved by any order or resolution of the Labor Arbiter including those
issued during execution proceedings may file a verified petition to annul or modify such order or resolution. The
petition may be accompanied by an application for the issuance of a temporary restraining order and/or writ of
preliminary or permanent injunction to enjoin the Labor Arbiter, or any person acting under his/her authority, to
desist from enforcing said resolution or order.

SECTION 2. GROUNDS. - The petition filed under this Rule may be entertained only on any of the following grounds:

a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter.

b) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable
damage or injury to the petitioner.

c) If a party by fraud, accident, mistake or excusable negligence has been prevented from taking an appeal;

d) If made purely on questions of law; or

e) If the order or resolution will cause injustice if not rectified.

SECTION 3. WHEN AND WHERE FILED.. - Not later than ten (10) calendar days from receipt of the order or
resolution of the Labor Arbiter, the aggrieved party may file a petition with the Commission furnishing a copy
thereof to the adverse party.

Special Civil Action (Rule 65, 1997 Rules of Civil Procedure)

RULE 65

CERTIORARI, PROHIBITION AND MANDAMUS

SECTION 1. Petition for certiorari.When any tribunal, board or officer exercising judicial or quasi-judicial
functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board
or officer, and granting such incidental reliefs as law and justice may require.

The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-
forum shopping as provided in the third paragraph of section 3, Rule 46. (1a)

SEC. 2. Petition for prohibition.When the proceedings of any tribunal, corporation, board, officer or
person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or
any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered
commanding the respondent to desist from further proceedings in the action or matter specified therein, or
otherwise granting such incidental reliefs as law and justice may require.

The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of
non-forum shopping as provided in the third paragraph of section 3, Rule 46. (2a)

SEC. 3. Petition for mandamus.When any tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or
station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is
entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person
aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that
judgment be rendered commanding the respondent, immediately or at some other time to be specified by the
court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained
by the petitioner by reason of the wrongful acts of the respondent.

The petition shall also contain a sworn certification of non-forum shopping as provided in the third paragraph
of section 3, Rule 46. (3a)

SEC. 4. When and where petition filed.The petition may be filed not later than sixty (60) days from notice of
the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such
motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion.

The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a
corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as
defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in aid of its appellate jurisdiction. If it involves the acts or
omissions of a quasi-judicial agency, and unless otherwise provided by law or these rules, the petition shall be filed
in and cognizable only by the Court of Appeals.

No extension of time to file the petition shall be granted except for compelling reason and in no case
exceeding fifteen (15) days.

RULE 45
 Appeal by Certiorari to the Supreme Court

SECTION 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment
or final order or resolution of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever
authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall
raise only questions of law which must be distinctly set forth. (1a, 2a)

SECTION 2. Time for filing; extension. The petition shall be filed within fifteen (15) days from notice of the
judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or
reconsideration filed in due time after notice of the judgment. On motion duly filed and served, with full payment
of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the
Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the
petition. (1a, 5a)

SECTION 3. Docket and other lawful fees; proof of service of petition. Unless he has theretofore done so,
the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court
and deposit the amount of P500.00 for costs at the time of the filing of the petition. Proof of service of a copy
thereof on the lower court concerned and on the adverse party shall be submitted together with the petition. (1a)

SECTION 4. Contents of petition. (Omitted)

SECTION 5. Dismissal or denial of petition. The failure of the petitioner to comply with any of the foregoing
requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the
petition, and the contents of and the documents which should accompany the petition shall be sufficient ground
for the dismissal thereof.

The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit, or is
prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.
(3a)

SECTION 6. Review discretionary. A review is not a matter of right, but of sound judicial discretion, and
will be granted only when there are special and important reasons therefor. The following, while neither controlling
nor fully measuring the court's discretion, indicate the character of reasons which will be considered:

(a) When the court a quo has decided a question of substance, not theretofore determined by the Supreme
Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme
Court; or

(b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or
so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision. (4a)

SECTION 7. Pleadings and documents that may be required; sanctions. (Omitted)

SECTION 8. Due course; elevation of records. If the petition is given due course, the Supreme Court may
require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from
notice. (2a)

SECTION 9. Rule applicable to both civil and criminal cases. The mode of appeal prescribed in this Rule
shall be applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment. (n)
SECTION 19. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY.

(a) Finality of the Decision or Order of the Labor Arbiter. - If no appeal is filed with the Commission within the time
provided under Article 223 of the Labor Code, as amended, and Section 1, Rule VI of these Rules, the decision or
order of the Labor Arbiter shall become final and executory after ten (10) calendar days from receipt thereof by
the counsel or authorized representative or the parties if not assisted by counsel or representative.

(b) Certificate of Finality. - Upon expiration of the period provided in paragraph (a) of this Section, the Labor
Arbiter shall issue a certificate of finality.

In the absence of return cards, certifications from the post office or courier or other proofs of service to the parties,
the Labor Arbiter may issue a certificate of finality after sixty (60) calendar days from date of mailing. (n)

SECTION 6. EXECUTION OF JUDGMENT IN CERTIFIED CASE. - Upon issuance of the entry of judgment, the
Commission, motu proprio or upon motion by the proper party, may cause the execution of the judgment in the
certified case.

RULE III

Writ of Execution

SECTION 1. Definition. The writ of execution is an order directing the sheriff to enforce, implement or satisfy
the final decisions, orders, or awards of the National Labor Relations Commission or any of its Labor Arbiters, the
Philippine Overseas Employment Administration, and the Supreme Court in proper cases.

The writ of execution is valid only for a period of sixty (60) days from receipt thereof by the sheriff or
other proper officer.

SECTION 2. Issuance, Form, and Contents of a Writ of Execution. The writ of execution must:

>issue in the name of the Republic of the Philippines from the National Labor Relations Commission or any of its
Labor Arbiters, the Philippine Overseas Employment Administration and the Supreme Court in proper cases,

>requiring the sheriff or proper officer to execute the decisions, orders, or awards of the National Labor Relations
Commissions or any of its Labor Arbiters, the Philippine Overseas Employment Administration, and the Supreme
Court in proper cases,

>and must contain the dispositive portion of the decisions, orders, or awards sought to be executed and must
require the sheriff or other proper officer to whom it is directed substantially as follows:

(1) If the execution be for the payment of a sum of money by the losing party, the writ shall be
served by the sheriff upon the losing party or upon any other person required by law to obey the same
before proceeding to satisfy the judgment out of the personal property of such party and if no sufficient
personal property can be found, then out of his real property;
 (2) If the execution be for the reinstatement of any person to any position, office or employment,
such writ shall be served by the sheriff upon the losing party or upon any other person required by law to
obey the same, and such party or person may be punished for contempt if he disobeys such decisions,
orders, or awards.

RULE IV

Execution

SECTION 1. Properties Subject to Execution. Only the properties of the losing party shall be the subject of
execution, except those exempted by law from execution as follows:

1. The losing party's family home constituted in accordance with the Civil Code or Family Code, or as may be
provided for by law or in the absence thereof, the homestead in which he resides, and land necessarily used in
connection therewith, subject to the limits fixed by law;

2. His necessary clothing, and that of his family;

3. Household furniture and utensils necessary for housekeeping, and used for that purpose by the losing party such
as he may select, of a value not exceeding the amount fixed by law;

4. Provisions for individual or family use sufficient for three (3) months;

5. The professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not exceeding the amount fixed by law;

6. So much of the earnings of the losing party for his personal services within the month preceding the levy as are
necessary for the support of his family.

7. All monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;

8. Tools and instruments necessarily used by him in his trade or employment of a value not exceeding Three
Thousand Pesos (P3,000.00);

9. Other properties especially exempted by law.

SECTION 2. Execution of Money Judgment. The sheriff or proper officer shall enforce the execution of a money
judgment by levying on all the property, real and personal, of the losing party, of whatever name and nature and
which may be disposed of for value, not exempt from execution, or on a sufficient amount of such property, if there
be sufficient and selling the same at public auction to the highest bidder, and depositing the proceeds thereof with
the Cashier of the National Labor Relations Commission or the Philippine Overseas Employment Administration and
that the same shall be released only upon orders from the Labor Arbiter, National Labor Relations Commission, or
Philippine Overseas Employment Administration. Where payments are made in checks, the same shall be issued in
the name of the National Labor Relations Commission or Philippine Overseas Employment Administration, as the
case may be. Any excess in the proceeds of the sale over the judgment and the accruing costs shall be delivered by
the proper Cashier to the losing party or parties who own the property sold unless otherwise directed by the
judgment or order. When there is more property of the losing party than is sufficient to satisfy the judgment or
award and accruing costs, within the view of the officer, he shall levy only on such part of the property as is amply
sufficient to satisfy the judgment or award and the costs.

SECTION 3. Voluntary Satisfaction of Money Judgment. Any voluntary tender of payment by the losing party shall
be effected by depositing the same with the Cashier of the National Labor Relations Commission or the Philippine
Overseas Employment Administration and shall be released only upon orders of the Labor Arbiters, NLRC or POEA
who issued the writ of execution.