Republic cf the Philippines Department of Labor and Employment NATIONAL LABOR RELATIONS COMMISSION Qu2zon City En Banc Resolution No,_ 2914 (Serias of 2014) INTRODUCING NEW PROVISIONS AND AMENDMENTS TO THE 2011 NLRC RULES (OF PROCEDURE, AS AMENDED Pursuant to Article 218 (a) of the Labor Code, as amended, the National Labor Relations Commissicn, sitting en banc, RESOLVi:D TO ADOPT AND PROMULGATE, as it hereby adupts and promulgates new provisions and amendments to the “2011 NLRC Ru es of Procedure,” as follows: RULE IIT PLEADINGS, NOTICES AND APPEARANCES 1. Sections 3, 4 and 5, Rule III o! the 2011 NLRC Rules of Procedure, as amended, are hereby amended to rvad as follows: SECTION 3. FILING AND SERVICE OF PLEADINGS. - All Pleadings in connection with i case shall be filed with the appropriate docketing unit of the Regioné! Arbitration Branch or the Commission, as the case may be. In_the_event that the pleadings are fil date of mailing shall be considered as the date of filing thereof. The party filing a pleadir g shall serve the opposing parties with a copy and its supporting docu nents. No pleading shall be considered without proof of service to the opposing parties except if filed simultaneously during a sched sle set before the Labor Arb-ter. 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 che bailiff or duly authorized public officer vithin three (3) days from his/her reeelpt thereof or by registered nail or courier authoriz« 1 Commission; b) In case of decisions and fine:| awards, copies thereof shall be served on both parties and their counsel or representative by personal Service, registered maii or i mmission; Provided that, in cases where a party to a case or his/her counsel on record personally seeks servic? 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 complicnce with Article 224 (a) of the Labor Code, as amend EN LA i ADwsTRanvE RULES BXO REGULATIONS ~ecibtfaly —f CERTIFIED TRUE COPY:For purposes of appeal, the period shall be counted from receipt of Such decisions, resolutions, o* orders by the counsel or representative of record, ¢) The bailiff or officer serviig 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 his/her name, the names of the Persons served and the date of receipt, which return shall be immediately attached and shell form part of the records cf the case. In case of service by registered mail or by courier authorized by the Commission, the name of ths addressee and the date of receipt of the notice, order or resolution shulll 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 siiall be so stated. SECTION 5. PROOF AND COMPLETENESS OF SERVICE. - The return is prima facie proof of the facts indicated therein. Service by registered mail or by courier ris ‘ommission is complete upon receipt by tne addressee or his/her agent. If the addressee fails to claim his/her mail from the post office within five (5) days from the date of first notice of the postmaster, service sivall take effect after such time. RULE V PROCEEDINGS BEFORE LABOR ARBITERS 2. Sections 4, 8, 9 and 21 Rule V cf the 2011 NLRC Rules of Procedure, as amended, are hereby supplemented to read as follows: SECTION 4. SERVICE OF SUMMONS ~ Summons shall be served Personally upon the parties ty the bailiff or a duly authorized public officer within three (3) day3 from his/her receipt thereof, or by registered mail, or by courier authori: ission; 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 fron 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 register2d mail or by courier authorized by mmission, 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, 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 SS. \n.dnterest; (3) determining the necessity of amending the in etc torte pees emegaiialaint and including all causes of action; (4) defining” and CERIIF UE ee PERE REGULATIONS. ReaD e_[U1S ox folly — SeeRE sacED twe:__IE 16 simplifying the issues in the case; (5) entering into admissions or stipulations of facts; and (5) threshing out all other preliminary matters. The Labor Arbiter shall personally preside over and take full control of the proceedings and may be assisted oy the Labor Arbitration Associate in the coiduct thereof. Provicl re there is_n iljatic Arbiter_assigned, conciliation_and ed by a Labor Arbitration Associate, mediation may be conduct: any other NLRC personnel with sufficient training and knowledge on conciliation_and mediation, authorized by the Chairman or a duly author'zed personnel of the Department of Labor _and Employment _zursuani M ndum of reement ex. r th's purpose. (b) Conciliation and mediation efforts shall be exerted by the Labor Arbiters or the said authorized personnel 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 uiderstand 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 agr2ement 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 con-iliation and mediation conference shall, except for justifiable grounds, be terminated within thirty (30) calendar days from the date o* the first conference. (f) No motion for postponement shall be entertained except on meritorious grounds and whe: filed at least three (3) days before the scheduled hearing. SECTION 9, EFFECT OF FAILURE OF SETTLEMENT. - If the parties fail to agree on an amicable settlement, either in whole or in part, during the mandatory conciliaion and mediation conference, the Labor Arbiter or the said duly authorized personnel shall proceed to the other purposes of the said ccnference as enumerated in Section 8(a) hereof. SECTION 21. FINALITY CF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. (a) Finality of the Decision or Drder of the Labor Arbiter. - If no appeal is filed sot the Regional Arb tration Branch of origin within the time der Article 223 of the Labor Code, as amended, and merbedune 1 ‘ul@ VI of these Rules, the decision or order of the Labor Ayo REnIUATON,Arbiter shall become final anc executory after ten (10) calendar days from receipt thereof by the co insel or authorized representative or the parties if not assisted by counsel or representative. (b) Certificate of Finality. - U.0n expiration of the period provided in paragraph (a) of this Section, the Labor Arbiter shall issue a certificate of finality. In the absence of return cards, certifications from the post office or courier authorized by the Commission or other proofs of service to the parties, the Labor Arbiter may issue a certificate of finality after sixty (60) calendar days from jate of mailing. RULE VI APPEALS 3. Section 9 of Rule VI of the 2011 VLRC Rules of Procedure, as amended, is hereby supplemented to read as foll »ws: SECTION 9. FILING OF APPEAL; EFFECT. - Without prejudice to immediate reinstatement sending appeal under Section 3 of Rule XI, once an appeal Is filed, the Labor Arbiter loses jurisdiction over the case. All pleadings and inotions pertaining to the appealed case shall thereafter be addressed ‘0 and filed with the Commission. RULE VIL PROCEEDINGS BEFORE THE COMMISSION 4. Sections 7 and 14, Rule VII of the 2011 NLRC Rules of Procedure, as amended, are hereby supplemented to read as follows: SECTION 7. INHIBITION. - No motion to inhibit the entire Division of the Commission shall be entertained. However, any Commissioner may inhibit himself/herself trom the consideration and resolution of any case or matter before the Division and shall so state in writing the legal or justifiable grounds -herefor. In the event that a member inhibits himself/herself, the case shall be raffled by the Executive Clerk or Deputy Executive Cerk to either of the two (2) remaining Commissioners. In case two (2) Commissioners in a Division Inhibit themselves in a case or matter before it, the Chairman shall, as far as practicable, designate two (2) Commissioners from other Divisions representing he respective sector of the Commissioners who inhibited hemselves. SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND ENTRY OF JUDGMENT. - a) Finality of the Decisions, Resolutions or Orders of the Commission. - Except as provided in Section 9 of Rule X, the cecisions, resolutions or o-ders of the Commission shall become final and executory after ten (10) calendar 7 20 t thereof by the counsel or authorized representative OFFICE ot we hi akties dfexjot assisted by counsel or representative. ADMSTRATIV RULES AND REGULATIONS. RFE JUN 13 204 ED psb) Entry of Judgment. - Upon the expiration of the ten (10) calendar day period provided in paracraph (a) of this Section, the decision, resolution, or order shall be ertered in a book of entries of judgment. In the absence of return carcs, certifications from the post office or the courier authorized by the. Commission or other proofs of service to the parties, the Executive Clerk or Deputy Executive Clerk shall consider the decision, resolution or order as final and executory after sixty (60) caleadar days from late of mailing. RULE XI EXECUTION PROCEEDINGS 5. Sections 1, 9, 18 Rule XI of tie 2011 NLRC Rules of Procedure, as amended, is hereby amended to reac as follows: JUN 13 2014 ED SECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER.- (a) A writ of execition may be issued motu proprio or on motion, upon a decisior. or order that has become final and executory (b) If an appeal has been «uly perfected and finally resolved by the Commission, a motion for execution may be filed before the Labor Arbiter, when the latte 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, cofiy furnished the adverse party. (c) Except that, as provided for in Section 19 of Rule V in relation to Section 9 of this Rule, and in those cases where partial execution is allowed by law, the Labor Arbiter shall retain duplicate original copies of the decision to be implemented and proof of service thereof for the purpose of immediate enforcernent. SECTION 9. MANNER OF EXECUTION OF MONETARY JUDGMENT. -a) Upon the issuance of a writ of execution by the Labor nite the Commission, the Sheriff shall immediately furnish _th party with 2 copy thereo; by registered mail or by courier authorized by the Commnh ission and enforce the judgment award in the following order; (1) Cash bond (2) Bank deposits (3) Surety bond (4) Should the cash hond or surety bond be insufficient, the Sheriff shall execute ths monetary judgment by levying on the personal property, and if insufficient, the real property of the losing party not exemp’ from execution, sufficient to cover the judgment award, which may be disposed of for value at a public auction to the highest b dder. (5) If the losing party has no properties or his/her properties are insufficient and th: bonding company refuses to comply with the writ of execution, the sheriff shall proceed to levy on the personal property, and if insufficient, the real property of TL,the bonding company, without prejudice to contempt proceedings against its president, officers or authorized representatives. Moreover, the bonding company shall be barred from transactin business with the Commission; (b) If the bonding company refuses to pay or the bank holding the cash deposit of the losing party refuses to release the garnished amount despite the order or pertinent processes issued by the Labor Arbiter or the Commission, ihe president or the responsible officers or authorized representativ:s of the said bonding company or the bank who resisted or caused the non-compliance shall te either cited for contempt, or held liabl: for resistance and disobedience to a Person in authority or the agents of such person as provided under the pertinent provision of the Revised Penal Code. This rule shall likewise apply to any person or party who unlawfully resists or refuses to comply with the break open order issued by the Labor Arbiter or the Commission. For this purpose, the Labor Arbiter or the Commission may issue an order directing the sheriff to request the assistance of law enforcement agencies to ensiire compliance with the writ of execution, orders or processes, A bonding company cited for contempt, or for an offense defined and punishable under the pertinent provision of the Revised Penal Code shall be barred from transacting business with the Commission. (c) Proceeds of execution shall be deposited with the Cashier of the concerned Division or 2egional Arbitration Branch, or with an authorized depositary bak. Where payment is made in the form of @ check, the same shall be payable to the Commission. (d) For monetary judgmert on cases involving overseas Filipino workers, the manner of execution shall be in accordance with Republic Act No. 10022.(Sa) (As amended by En Banc Resolution No. 11-12, Series of 2012) (e) In case of voluntary tende- of payment by the losing party and - ofrice a macho Metre acokle| the presence of the prevailing party, it shall be effected ADMINISTRATIVE RULES efore the Labor Arbiter or the Commission, as the case AND REGULATIONS ay be; JUN 13 208 In the absence of tre prevailing party, it shall be effected by 3 Immediately depositing the same, in cash or in check, with Vie fhe Cashier of the NLRC or authorized depositary bank and cs TS gy hall be released only upon order of the Commission or im IS or oe P3bor arbiter who iveued bre woke Payment in the form of check shall be in the name of the Commission. SECTION 18. RESTITUTION. - When the executed judgment is totally or partially reversed or annulled by the Court of Appeals or the Supreme Court with finality and restitution i: the Labor Arbiter shall, on motion, issue such order of restitution of the executed CERTIRIED FRUE CoPY:award, except reinstatement wages paid pending appeal. 6. New Sections 19 and 20, Rule XI of the 2011 NLRC Rules of Procedure, as amended, are hereby introduced as follows: SECTION EXAMINASION OF LOSING PARTY WHEN LUDGMENT tiaras = When the return of a writ of ‘ion the property of a losing party shows that. ant remains unsatisfied, in whole or in part, the Prevailing party, at any tine = after such return is oe shall be entitled 2. an order from. & or _arbit whi the SECTION 20. ENFORCEME\’ IND_CON! T OF EXAMINA’ TION. = A part; ay be compelled, by an ore ena, to n he Li Arbit estify a: i fed in 7 HT tg min losin a RULE XII EXTRAORDINARY REMEDIES 7. Sections 2, 9 and 13 Rule XII of the 2011 NLRC Rules of Procedure, as amended, are hereby supplemented ‘o read as follows: SECTION 2. GROUNDS. - the petition filed under this Rule may be entertained only if there i: a if r in, seeedy and adequate remedy in the o rdinary course of law, and based on any of the following jrounds: (a) If there is prima facie 2vidence of abuse of discretion on the Part of the Labor Arbiter; (b) If serious errors in the: findings of facts are raised which, Ot corrected, would caure grave or irreparable damage or If a party by fraud, accident, mistake or excusable negligence #5 been prevented from taxing an appeal; ) If made purely on questions of law; or ) If the order or resolution will cause injustice if not rectified,SECTION 9. EFFECT OF FILING OF PETITION. - Upon filing of the petition, the proceedings befcre the Labor Arbiter shall continue unless restrained. In case of execu ion, the proceedings in accordance with Rule XI of these Rules shall rot be suspended, but no money collected or credit garnished may be rleased or properties levied upon be sold by public auction within fifte2n (15) calendar days from the filing of the petition. If no temporary restraining order or writ of preliminary injunction is issued within tre said period, the money collected or credit garnished shall be rel:ased and/or the properties levied uoon sold by public auction and th2 proceeds of the sale appl ed, to satisfy the judgment In case of execution proceedings, the Labor Arbiter shali immediately inform in writing the Commission or the Division where the petition is Pending of the satisfaction of the judgment, and, if circumstances warrant, the Commission shal. dismiss the petition for being moot. The records of the case shall not be elevated to the Commission unless otherwise ordered, in which case the execution proceeding shall continue pursuant to the first paragraph hereof, with the Labor Arbiter retaining copies oj documents relevant and necessary for this purpose. SECTION 13. RESOLUTION OF PETITION. - If the Commission finds that the allegations of the petition are true, it shall: (a) render judgment fcr the relief prayed for or to which the petitioner is entitled; and/or (b) grant a final injunction perpetually enjoining the Labor Arbiter or any person a::ting under his/her authority from the commission of the act/: or confirming the preliminary injunction. ever, the Commission may dismiss the petition if it finds the same @ patently without merit prosecuted manifestly for delay, that questions raised therein are too unsubstantial to require jsideration, or when an appeal or any other plain, speed RULE XIII COMMISSION SEAL AND RECORDS, AND POWERS AND DUTIES OF COMMISSION OFFICIALS 8. Section 4, Rule XIII of the 2011 TILRC Rules of Procedure, as amended, is hereby amended to read as follows: SECTION 4. DUTIES AND FUNCTIONS OF THE EXECUTIVE CLERK AND DEPUTY EXECUTIVE CLERKS. - (a) Custody of Seal and Books. -He/she stall keep in his/her care and custody the Seal of the Commission together with all the books necessary for the recording of the Proce zdings of the Commission, including the records, files and exhibits; (0) Filing of Pleadings. - He/she shall receive and file all cases and pleadings and documents indicating thereon the date and time CERTIEJE! UE COPY:filed. All pleadings shall oe filed in three (3) legibly typewritten copies in legal size; (c) Raffle and Assignment cf Cases. - He/she shall assign appealed cases for study or report strictly by raffle or as directed by the Chairman. In this connection, the raffle of cases for study or report must be attended dy the duly designated representative of the Members of the appropriate Division; (d) Service of Processes, Orders and Decisions. - He/she shall serve Parties and counsel prozesses, notices of hearings, copies of decisions, resolutions or orders issued by the Commission by registered mail, by courie: ri ission or by Personal service and immediately attach the returns or proofs of delivery thereof to the records; (e)Commission Calendar anc Minutes Book. - He/she shall prepare the Commission or Divison calendars of sessions, attend such sessions personally and irimediately prepare the minutes thereof. For this purpose, he/she stall keep a minutes book; (f) General Docket. - The Executive Clerk shall keep a general docket for the Commission, each page of which shall be numbered and prepered for receiving all the entries in a single page, and shall enter therein all oviginal and appealed cases before it, numbered consecutively ii the order in which they were received and, under the heading 0’ each case, the date and hour of each pleading filed, of each order, decision or resolution entered, and of each other step or action taken in the case; so that, by reference to any single rage, the history of the case may be known; (g)Promulgation and Promulgation Book. - He/she shall ‘Omulgate decisions and final resolutions on the same date the jame is filed with his/her office and indicate the date and time of romulgation and attest -he same by his/her signature on the rst page thereof. He/she shall immediately furnish the Chairman ith a copy of such decisicn, resolution, or order with a summary of the nature thereof and the issue involved therein. He/she shall_keep a promulgation book which indicates the date and time of promulgation, the case number, title of the case, the Ponente, the nature of tiie decision or final resolution and the action taken by the Commission by quoting the dispositive Portion thereof. Notices oF said decisions, resolutions or orders Shall be sent in sealed ervelopes to parties and their counsel within forty-eight (48) hous from promulgation; (h)Entry of judgment. - He shall keep a book of entries of Judgment, decisions, resolutions and orders containing in chronological order the entries of all final decisions, resolutions and orders of the Commission;(Disposition and Remand of Records. - Upon entry of judgment, he/she shall immediately remand the records of the case te the Regional Arbitration. Branch of origin, Regional Director o- his/her duly authorized cfficer, as the case may be. The Records anit shall immediately fost said records without delay within two (2) working days; (i) Monthly Accomplishmeat Reports. - He/she shall submit a monthly accomplishment report of the Commission or Division not later than the 7th day of the following month; (k) Other Functions. - He/she shali perform other functions as directed by the Chairman ar the Commission En Banc. The Chairman May authovize any personne! in the Division to perform functions as stated in paragraph (4) hereof. Signed this 11™ day of Marci 2014 at Aklan, Philippines. Gl ‘D/C. NOGRALES hairman A i. SILOG Ing CommissioKer : - “tbo So (PemuTtA BS VELRS ro} Presiding Commissioner Commissioner et eRe, «bY L. GO TERESITA D. CASTILLON-LORA Co issioner Commissioner le I) oaet~ U ERLINDA T. AGU: GREGORIO 0. BILOG L Commissioner rea aE SAW CERT OFC mia SRN Ee cen sowesrene auc NO Rulon Commissioner JUN 13 2040 C, ESPIRITU, JR. Commissioner IVAR-DE CASTRO Commissioner ahs S ance ANG PAVANA missiongr DOLORES i LEY Guid > REN! Commissiéner Commissioner ors, sose 66 Cx. on \T. SARMEN 7 ; Commissioner ae DOMINADOR B. MEDROSO, JR. Commissioner ON LEAVE MERCEDES R. POSADA-LACAP Commissioner Attested by: ELENIIALP. CRUZ Executive Clerk of Court IV UF TAWCENTER OFFICE of re NATRONAL ADRINISTRGTVE REGISTER ASURSTRATVE Res JUN 13 204 CERTIFIED TRUE COPY: