THE 2011 NLRC RULES OF PROCEDURE, AS AMENDED by registered mail or by courier authorized by the Commission.

(As
amended by En Banc Resolution No. 05-14, Series of 2014)
Pursuant to the provisions of Article 218 (now 225) of Presidential
Decree No. 442, otherwise known as the Labor Code of the Philippines, (b) In case of decisions and final awards, copies thereof shall be served
as amended, the following Revised Rules of Procedure governing on both parties and their counsel or representative by personal service,
arbitration proceedings before the Labor Arbiters and the Commission by registered mail or by courier authorized by the Commission: Provided
are hereby adopted and promulgated: 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
RULE I TITLE AND CONSTRUCTION said party shall be deemed effected as herein provided. Where parties
are numerous, service shall be made on counsel and upon such number
SECTION 1. TITLE OF THE RULES. – These Rules shall be known as of complainants, as may be practicable and shall be considered
the “2011 NLRC Rules of Procedure.” (1a) substantial compliance with Article 224 (now 230) (a) of the Labor Code,
as amended. (As amended by En Banc Resolution No. 05-14, Series of
SECTION 2. CONSTRUCTION. – These Rules shall be liberally 2014) For purposes of appeal, the period shall be counted from receipt
construed to carry out the objectives of the Constitution, the Labor Code of such decisions, resolutions, or orders by the counsel or representative
of the Philippines and other relevant legislations, and to assist the parties of record.
in obtaining just, expeditious and inexpensive resolution and settlement
of labor disputes. (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,
SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF stating legibly in his/her return his/her name, the names of the persons
COURT. – In the absence of any applicable provision in these Rules, served and the date of receipt, which return shall be immediately
and in order to effectuate the objectives of the Labor Code, the pertinent attached and shall form part of the records of the case. In case of service
provisions of the Rules of Court of the Philippines may, in the interest of by registered mail or by courier authorized by the Commission, the name
expeditious dispensation of labor justice and whenever practicable and of the addressee and the date of receipt of the notice, order or resolution
convenient, be applied by analogy or in a suppletory character and shall be written in the return card or in the proof of service issued by the
effect. private courier. If no service was effected, the reason thereof shall be so
stated. (6a) (As amended by En Banc Resolution No. 05-14, Series of
RULE II DEFINITION OF TERMS 2014)

SECTION 1. DEFINITIONS. – The terms and phrases defined in Article SECTION 5. PROOF AND COMPLETENESS OF SERVICE. – The
212 (now 219) of the Labor Code, as amended, shall be given the same return is prima facie proof of the facts indicated therein. Service by
meanings when used herein. As used herein, "Regional Arbitration registered mail or by courier authorized by the Commission is complete
Branch" shall mean any of the regional arbitration branches or sub- upon receipt by the addressee or his/her agent. If the addressee fails to
regional branches of the Commission. claim his/her mail from the post office within five (5) days from the date
of first notice of the postmaster, service shall take effect after such time.
RULE III PLEADINGS, NOTICES AND APPEARANCES (7a) (As amended by En Banc Resolution No. 05-14, Series of 2014)

SECTION 1. COMPLAINT. – (a) A complaint or petition is a pleading SECTION 6. APPEARANCES. – (a) A lawyer appearing for a party is
alleging the cause or causes of action of the complainant or petitioner. presumed to be properly authorized for that purpose. In every case,
The names and addresses of all complainants or petitioners and he/she shall indicate in his/her pleadings and motions his/her Attorney’s
respondents must be stated in the complaint or petition. It shall be signed Roll Number, as well as his/her PTR and IBP numbers for the current
under oath by the complainant or petitioner, with a declaration of year and MCLE compliance.
nonforum shopping.
(b) A non-lawyer may appear in any of the proceedings before
(b) A party having more than one cause of action against the other party, the Labor Arbiter or Commission only under the following conditions:
arising out of the same relationship, shall include all of them in one
complaint or petition. (1a) (1) he/she represents himself/herself as party to the case;
(2) he/she represents a legitimate labor organization, as defined under
SECTION 2. CAPTION AND TITLE. – In all cases filed with the Article 212 (now 219) and 242 (now 251) of the Labor Code, as
Commission or with any of its Regional Arbitration Branches, the party amended, which is a party to the case: Provided that, he/she presents
initiating the action shall be called the "Complainant" or "Petitioner", and to the Commission or Labor Arbiter during the mandatory conference or
the opposing party the "Respondent". initial hearing: (i) a certification from the Bureau of Labor Relations (BLR)
or Regional Office of the Department of Labor and Employment attesting
The full names of all the real parties in interest, whether natural or that the organization he/she represents is duly registered and listed in
juridical persons or entities authorized by law, shall be stated in the the roster of legitimate labor organizations; (ii) a verified certification
caption of the complaint or petition, as well as in the decisions, issued by the secretary and attested to by the president of the said
resolutions or orders of the Labor Arbiter or the Commission. 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
SECTION 3. FILING AND SERVICE OF PLEADINGS. – All pleadings in board of directors of the said organization granting him such authority;
connection with a case shall be filed with the appropriate docketing unit (3) he/she represents a member or members of a legitimate labor
of the Regional Arbitration Branch or the Commission, as the case may organization that is existing within the employer’s establishment, who
be. are parties to the case: Provided that, he/she presents: (i) a verified
certification attesting that he/she is authorized by such member or
In the event that the pleadings are filed through registered mail or courier members to represent them in the case; and (ii) a verified certification
authorized by the Commission, the date of mailing shall be considered issued by the secretary and attested to by the president of the said
as the date of filing thereof. (En Banc Resolution No. 05-14, Series of organization stating that the person or persons he/she is representing
2014) are members of their organization which is existing in the employer’s
establishment; and
The party filing a pleading shall serve the opposing parties with a copy (4) he/she is a duly-accredited member of any legal aid office recognized
and its supporting documents. No pleading shall be considered without by the Department of Justice or Integrated Bar of the Philippines:
proof of service to the opposing parties except if filed simultaneously Provided that, he/she (i) presents proof of his/her accreditation; and (ii)
during a schedule set before the Labor Arbiter. (5a) represents a party to the case;

SECTION 4. SERVICE OF NOTICES, RESOLUTIONS, ORDERS (c) Appearances of a non-lawyer in contravention of this section shall
AND DECISIONS. – (a) Notices and copies of resolutions or orders shall not be recognized in any proceedings before the Labor Arbiter or the
be served personally upon the parties by the bailiff or duly authorized Commission.
public officer within three (3) days from his/her receipt thereof or
(d) Appearances may be made orally or in writing. In both cases, the (c) All pleadings and motions subsequent to the filing of the complaint
complete name and office address of counsel or authorized shall be forwarded to the Labor Arbiter before whom the case is pending
representative shall be made of record and the adverse party or his within twenty-four (24) hours from receipt thereof.
counsel or authorized representative properly notified.
SECTION 3. CONSOLIDATION OF CASES AND COMPLAINTS. –
(e) In case of change of address, the counsel or representative shall file Where there are two or more cases or complaints pending before
a notice of such change, copy furnished the adverse party and counsel different Labor Arbiters in the same Regional Arbitration Branch
or representative, if any. involving the same employer and common principal causes of action, or
the same parties with different causes of action, the subsequent cases
(f) Any change or withdrawal of counsel or authorized representative or complaints shall be consolidated with the first to avoid unnecessary
shall be made in accordance with the Rules of Court. (8a) costs or delay. Such consolidated cases or complaints shall be disposed
of by the Labor Arbiter to whom the first case was assigned.
(g) A corporation or establishment which is a party to the case may be
represented by the owner or its president or any other authorized person In case of objection to the consolidation, the same shall be resolved by
provided that, he/she presents: (i) a verified certification attesting that the Executive Labor Arbiter. An order resolving a motion or objection to
he/she is authorized to represent said corporation or establishment; and consolidation shall be inappealable.
(ii) a copy of the resolution of the board of directors of said corporation,
or other similar resolution or instrument issued by said establishment, SECTION 4. DISPOSITION OF CASES. – Subject to the provisions of
granting him/her such authority. (6a) (As amended by En Banc Article 263 (now 278) (g) of the Labor Code, as amended, when a case
Resolution No. 11-12, Series of 2012) is assigned to a Labor Arbiter, the entire case and any or all incidents
thereto shall be considered assigned to him/her, and the same shall be
SECTION 7. AUTHORITY TO BIND PARTY. – Counsel or other disposed of in the same proceedings to avoid multiplicity of suits or
authorized representatives of parties shall have authority to bind their proceedings.
clients in all matters of procedure; but they cannot, without a special
power of attorney or express consent, enter into a compromise When the Secretary of Labor and Employment has assumed jurisdiction
agreement with the opposing party in full or partial discharge of a client's over a strike or lockout or certified the same to the Commission, the
claim. (9a) parties to such dispute shall immediately inform the Secretary or the
Commission, as the case may be, of all cases directly related to the
RULE IV VENUE, ASSIGNMENT AND DISPOSITION OF CASES dispute between them pending before any Regional Arbitration Branch,
AT THE REGIONAL ARBITRATION BRANCH and the Labor Arbiters handling the same of such assumption or
certification. The Labor Arbiter concerned shall forward within two (2)
SECTION 1. VENUE. – (a) All cases which Labor Arbiters have days from notice the entire records of the case to the Commission or to
authority to hear and decide may be filed in the Regional Arbitration the Secretary of Labor, as the case may be, for proper disposition.
Branch having jurisdiction over the workplace of the complainant or
petitioner. RULE V PROCEEDINGS BEFORE LABOR ARBITERS

For purposes of venue, the workplace shall be understood as the place SECTION 1. JURISDICTION OF LABOR ARBITERS. – Labor Arbiters
or locality where the employee is regularly assigned at the time the shall have original and exclusive jurisdiction to hear and decide the
cause of action arose. It shall include the place where the employee is following cases involving all workers, whether agricultural or non-
supposed to report back after a temporary detail, assignment, or travel. agricultural:
In case of field employees, as well as ambulant or itinerant workers, their
workplace is where they are regularly assigned, or where they are (a) Unfair labor practice cases; (b) Termination disputes; (c) If
supposed to regularly receive their salaries and wages or work accompanied with a claim for reinstatement, those cases that workers
instructions from, and report the results of their assignment to, their may file involving wages, rates of pay, hours of work and other terms
employers. and conditions of employment; (d) Claims for actual, moral, exemplary
and other forms of damages arising from employer-employee relations;
(b) Where two (2) or more Regional Arbitration Branches have (e) Cases arising from any violation of Article 264 (now 279) of the Labor
jurisdiction over the workplace of the complainant or petitioner, the Code, as amended, including questions involving the legality of strikes
Branch that first acquired jurisdiction over the case shall exclude the and lockouts; (f) Except claims for employees compensation not
others. included in the next succeeding paragraph, social security, medicare,
and maternity benefits, all other claims arising from employer-employee
(c) When venue is not objected to before the first scheduled mandatory relations, including those of persons in domestic or household service,
conference, such issue shall be deemed waived. (As amended by En involving an amount exceeding Five Thousand Pesos (P5,000.00),
Banc Resolution No. 11-12, Series of 2012) whether or not accompanied with a claim for reinstatement; (g) Wage
distortion disputes in unorganized establishments not voluntarily settled
(d) The venue of an action may be changed or transferred to a different by the parties pursuant to Republic Act No. 6727; (h) Enforcement of
Regional Arbitration Branch other than where the complaint was filed by compromise agreements when there is non-compliance by any of the
written agreement of the parties or when the Commission or Labor parties pursuant to Article 227 (now 233) of the Labor Code, as
Arbiter before whom the case is pending so orders, upon motion by the amended; (i) Money claims arising out of employer-employee
proper party in meritorious cases. relationship or by virtue of any law or contract, involving Filipino workers
for overseas deployment, including claims for actual, moral, exemplary
(e) Cases involving overseas Filipino workers may be filed before the and other forms of damages as provided by Section 10 of RA 8042, as
Regional Arbitration Branch having jurisdiction over the place where the amended by RA 10022; and (j) Other cases as may be provided by law.
complainant resides or where the principal office of any of the
respondents is situated, at the option of the complainant. Cases arising from the interpretation or implementation of collective
bargaining agreements and those arising from the interpretation or
SECTION 2. RAFFLE AND ASSIGNMENT OF CASES. – (a) All enforcement of company personnel policies shall be disposed of by the
complaints and petitions filed with the docket unit of the Regional Labor Arbiter by referring the same to the grievance machinery and
Arbitration Branch shall be immediately raffled and assigned to a Labor voluntary arbitration, as may be provided in said agreements. (1a)
Arbiter from receipt thereof.
SECTION 2. NATURE OF PROCEEDINGS. – The proceedings before
(b) The Executive Labor Arbiter shall be responsible for the immediate the Labor Arbiter shall be non-litigious in nature. Subject to the
raffle and assignment of all complaints and petitions filed with his/her requirements of due process, the technicalities of law and procedure and
Regional Arbitration Branch, and the immediate forwarding of all the rules obtaining in the courts of law shall not strictly apply thereto. The
subsequent pleadings and motions. Labor Arbiter may avail himself/herself of all reasonable means to
ascertain the facts of the controversy speedily, including ocular
inspection and examination of well-informed persons.
SECTION 3. ISSUANCE OF SUMMONS. – Within two (2) days from Memorandum of Agreement executed for this purpose. (As amended by
receipt of a complaint or amended complaint, the Labor Arbiter shall En Banc Resolution No. 05-14, Series of 2014)
issue the required summons, attaching thereto a copy of the complaint
or amended complaint and its annexes, if any. The summons shall (b) Conciliation and mediation efforts shall be exerted by the Labor
specify the date, time and place of the mandatory conciliation and Arbiters or the said authorized personnel all throughout the mandatory
mediation conference in two (2) settings. (3a, RIII) conferences. (As amended by En Banc Resolution No. 05-14, Series of
2014)
SECTION 4. SERVICE OF SUMMONS. – Summons shall be served
personally upon the parties by the bailiff or a duly authorized public Any agreement entered into by the parties whether in partial or full
officer within three (3) days from his/her receipt thereof, or by registered settlement of the dispute shall be reduced into writing and signed by the
mail, or by courier authorized by the Commission: Provided that, in parties and their counsel or the parties’ authorized representatives, if
special circumstances, service of summons may be effected in any. (c) In any case, the compromise agreement shall be approved by
accordance with the pertinent provisions of the Rules of Court. the Labor Arbiter, if after explaining to the parties, particularly to the
complainants, the terms, conditions and consequences thereof, he/she
The bailiff or officer serving the summons shall submit his/her return is satisfied that they understand the agreement, that the same was
within two (2) days from date of service thereof, stating legibly in his/her entered into freely and voluntarily by them, and that it is not contrary to
return his/her name, the names of the persons served and the date of law, morals, and public policy.
receipt, which return shall be immediately attached to the records and
shall be part thereof. If no service was effected, the reason thereof shall (d) A compromise agreement duly entered into in accordance with this
be stated in the return. Section shall be final and binding upon the parties and shall have the
force and effect of a judgment rendered by the Labor Arbiter.
In case of service by registered mail or by courier authorized by the
Commission, the names of the addressees and the dates of receipt of (e) The mandatory conciliation and mediation conference shall, except
the summons shall be written in the return card or in the proof of service for justifiable grounds, be terminated within thirty (30) calendar days
issued by the private courier. If no service was effected, the reason from the date of the first conference.
thereof shall be so stated. (n) (As amended by En Banc Resolution No.
05-14, Series of 2014) (f) No motion for postponement shall be entertained except on
meritorious grounds and when filed at least three (3) days before the
SECTION 5. PROHIBITED PLEADINGS AND MOTIONS. – The scheduled hearing. (3a)
following pleadings and motions shall not be allowed and acted upon nor
elevated to the Commission: (a) Motion to dismiss the complaint SECTION 9. EFFECT OF FAILURE OF SETTLEMENT. – If the parties
except on the ground of lack of jurisdiction over the subject matter, fail to agree on an amicable settlement, either in whole or in part, during
improper venue, res judicata, prescription and forum shopping; (b) the mandatory conciliation and mediation conference, the Labor Arbiter
Motion for a bill of particulars; (c) Motion for new trial; (d) Petition for or the said duly authorized personnel shall proceed to the other
relief from judgment; (e) Motion to declare respondent in default; (f) purposes of the said conference as enumerated in Section 8(a) hereof.
Motion for reconsideration of any decision or any order of the Labor (4a) (As amended by En Banc Resolution No. 05-14, Series of 2014)
Arbiter; (g) Motion to Quash and/or Motion to Lift Garnishment if a
Petition had been filed under Rule XII; (h) Appeal from any interlocutory SECTION 10. NON-APPEARANCE OF PARTIES. – The non-
order of the Labor Arbiter, such as but not limited to, an order: appearance of the complainant or petitioner during the two (2) settings
for mandatory conciliation and mediation conference scheduled in the
(1) denying a motion to dismiss; (2) denying a motion to inhibit; (3) summons, despite due notice thereof, shall be a ground for the dismissal
denying a motion for issuance of writ of execution; or (4) denying a of the case without prejudice.
motion to quash writ of execution; (i) Appeal from the issuance of a
certificate of finality of decision by the Labor Arbiter; (j) Appeal from In case of non-appearance by the respondent during the first scheduled
orders issued by the Labor Arbiter in the course of execution conference, the second conference as scheduled in the summons shall
proceedings; and (k) Such other pleadings, motions and petitions of proceed. If the respondent still fails to appear at the second conference
similar nature intended to circumvent above provisions. (5a, RIII) (As despite being duly served with summons, he/she shall be considered to
amended by En Banc Resolution No. 02-15, Series of 2015) have waived his/her right to file position paper. The Labor Arbiter shall
immediately terminate the mandatory conciliation and mediation
SECTION 6. MOTION TO DISMISS. – Before the date set for the conference and direct the complainant or petitioner to file a verified
mandatory conciliation and mediation conference, the respondent may position paper and submit evidence in support of his/her causes of action
file a motion to dismiss on grounds provided under Section 5, paragraph and thereupon render his/her decision on the basis of the evidence on
(a) hereof. Such motion shall be acted upon by the Labor Arbiter before record. (5a)
the issuance of an order requiring the submission of position paper. An
order denying the motion to dismiss, or suspending its resolution until SECTION 11. AMENDMENT OF COMPLAINT/PETITION. – An
the final determination of the case, is not appealable. (6a) (As amended amended complaint or petition may be filed before the Labor Arbiter at
by En Banc Resolution No. 11-12, Series of 2012) any time before the filing of position paper, with proof of service of a copy
thereof to the opposing party/ies. If the amendment of the complaint or
SECTION 7. EFFECT OF FAILURE TO FILE. – No motion to dismiss petition involves impleading additional respondent/s, service of another
shall be allowed or entertained after the lapse of the period provided in summons in accordance with Section 3 hereof is necessary to acquire
Section 6 hereof. (n) jurisdiction over the person of the said respondent/s. (En Banc
Resolution No. 11-12, Series of 2012)
SECTION 8. MANDATORY CONCILIATION AND MEDIATION
CONFERENCE. – (a) The mandatory conciliation and mediation SECTION 12. SUBMISSION OF POSITION PAPER AND REPLY. – (a)
conference shall be called for the purpose of: (1) amicably settling the Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall direct
case upon a fair compromise; (2) determining the real parties in interest; the parties to submit simultaneously their verified position papers with
(3) determining the necessity of amending the complaint and including supporting documents and affidavits, if any, on a date set by him/her
all causes of action; (4) defining and simplifying the issues in the case; within ten (10) calendar days from the date of termination of the
(5) entering into admissions or stipulations of facts; and (6) threshing out mandatory conciliation and mediation conference.
all other preliminary matters. The Labor Arbiter shall personally preside
over and take full control of the proceedings and may be assisted by the (b) No amendment of the complaint or petition shall be allowed after the
Labor Arbitration Associate in the conduct thereof. Provided that, in filing of position papers, unless with leave of the Labor Arbiter.
areas where there is no Labor Arbiter assigned, conciliation and
mediation may be conducted by a Labor Arbitration Associate, any other (c) The position papers of the parties shall cover only those claims and
NLRC personnel with sufficient training and knowledge on conciliation causes of action stated in the complaint or amended complaint,
and mediation, authorized by the Chairman or a duly authorized accompanied by all supporting documents, including the affidavits of
personnel of the Department of Labor and Employment pursuant to any witnesses, which shall take the place of their direct testimony, excluding
those that may have been amicably settled.
 SECTION 19. CONTENTS OF DECISIONS. – The decisions and
(d) Within ten (10) days from receipt of the position paper of the adverse orders of the Labor Arbiter shall be clear and concise and shall include
party, a reply may be filed on a date agreed upon and during a schedule a brief statement of the: (a) facts of the case; (b) issues involved; (c)
set before the Labor Arbiter. The reply shall not allege and/or prove facts applicable laws or rules; (d) conclusions and the reasons thereof; and
and any cause or causes of action not referred to or included in the (e) specific remedy or relief granted. In cases involving monetary
original or amended complaint or petition or raised in the position paper. awards, the decisions or orders of the Labor Arbiter shall contain the
(7a) amount awarded.

SECTION 13. DETERMINATION OF NECESSITY OF HEARING OR In case the decision of the Labor Arbiter includes an order of
CLARIFICATORY CONFERENCE. – Immediately after the submission reinstatement, it shall likewise contain: (a) a statement that the
by the parties of their position paper or reply, as the case may be, the reinstatement aspect is immediately executory; and (b) a directive for
Labor Arbiter shall, motu proprio, determine whether there is a need for the employer to submit a report of compliance within ten (10) calendar
a hearing or clarificatory conference. At this stage, he/she may, at days from receipt of the said decision. (14a)
his/her discretion and for the purpose of making such determination, ask
clarificatory questions to further elicit facts or information, including but SECTION 20. DEATH OF PARTIES. – In case a complainant dies during
not limited to the subpoena of relevant documentary evidence, if any, the pendency of the proceedings, he/she may be substituted by his/her
from any party or witness. (8a) heirs. If it is the individual respondent, the provision of Section 20, Rule
3 of the Rules of Court shall apply. (En Banc Resolution No. 11-12,
SECTION 14. ROLE OF THE LABOR ARBITER IN HEARING AND Series of 2012)
CLARIFICATORY CONFERENCE. – (a) The Labor Arbiter shall take full
control and personally conduct the hearing or clarificatory conference SECTION 21. FINALITY OF THE DECISION OR ORDER AND
and may ask questions for the purpose of clarifying points of law or facts ISSUANCE OF CERTIFICATE OF FINALITY. – (a) Finality of the
involved in the case. The Labor Arbiter may allow the presentation of Decision or Order of the Labor Arbiter. – If no appeal is filed with the
testimonial evidence with right of cross-examination by the opposing Regional Arbitration Branch of origin within the time provided under
party and shall limit the presentation of evidence to matters relevant to Article 223 (now 229) of the Labor Code, as amended, and Section 1,
the issue before him/her and necessary for a just and speedy disposition Rule VI of these Rules, the decision or order of the Labor Arbiter shall
of the case. (b) The Labor Arbiter shall make a written summary of the become final and executory after ten (10) calendar days from receipt
proceedings, including the substance of the evidence presented, in thereof by the counsel or authorized representative or the parties if not
consultation with the parties. The written summary shall be signed by assisted by counsel or representative. (As amended by En Banc
the parties and shall form part of the records. (9a) Resolution No. 11-12, Series of 2012)

SECTION 15. NON-APPEARANCE OF PARTIES, AND (b) Certificate of Finality. – Upon expiration of the period provided in
POSTPONEMENT OF HEARINGS AND CLARIFICATORY paragraph (a) of this Section, the Labor Arbiter shall issue a certificate
CONFERENCES. –(a) The parties and their counsels appearing before of finality.
the Labor Arbiter shall be prepared for continuous hearing or clarificatory
conference. No postponement or continuance shall be allowed by the In the absence of return cards, certifications from the post office or
Labor Arbiter, except upon meritorious grounds and subject to the courier authorized by the Commission or other proofs of service to the
requirement of expeditious disposition of cases. The hearing or parties, the Labor Arbiter may issue a certificate of finality after sixty (60)
clarificatory conference shall be terminated within thirty (30) calendar calendar days from date of mailing. (n) (As amended by En Banc
days from the date of the initial clarificatory conference. Resolution No. 05-14, Series of 2014)

(b) In case of non-appearance of any of the parties during the hearing SECTION 22. REVIVAL AND RE-OPENING OR RE-FILING OF
or clarificatory conference despite due notice, proceedings shall be DISMISSED CASE AND LIFTING OF WAIVER. – A party may file a
conducted ex-parte. Thereafter, the case shall be deemed submitted for motion to revive or re-open a case dismissed without prejudice, within
decision. ten (10) calendar days from receipt of notice of the order dismissing the
same; otherwise, the only remedy shall be to re-file the case. A party
(c) Paragraph (a) of this Section notwithstanding, in cases involving declared to have waived his/her right to file position paper may, at any
overseas Filipino workers, the aggregate period for conducting the time after notice thereof and before the case is submitted for decision,
mandatory conciliation and mediation conference, including hearing on file a motion under oath to set aside the order of waiver upon proper
the merits or clarificatory conference, shall not exceed sixty (60) days, showing that his/her failure to appear was due to justifiable and
which shall be reckoned from the date of acquisition of jurisdiction by the meritorious grounds. (16a)
Labor Arbiter over the person of the respondents. (10a) SECTION
16. SUBMISSION OF THE CASE FOR DECISION. – Upon the RULE VI APPEALS
submission by the parties of their position papers or replies, or the lapse
of the period to submit the same, the case shall be deemed submitted SECTION 1. PERIODS OF APPEAL. – Decisions, awards, or orders of
for decision unless the Labor Arbiter calls for a hearing or clarificatory the Labor Arbiter shall be final and executory unless appealed to the
conference in accordance with Section 12 and 14(a) of this Rule, in Commission by any or both parties within ten (10) calendar days from
which case, notice of hearing or clarificatory conference shall be receipt thereof; and in case of decisions or resolutions of the Regional
immediately sent to the parties. Upon termination of the said hearing or Director of the Department of Labor and Employment pursuant to Article
conference, the case is deemed submitted for decision. (11a) 129 of the Labor Code, within five (5) calendar days from receipt thereof.
If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday
SECTION 17. INHIBITION. – A Labor Arbiter may voluntarily inhibit or holiday, the last day to perfect the appeal shall be the first working
himself/herself from the resolution of a case and shall so state in writing day following such Saturday, Sunday or holiday.
the legal justifications therefor. Upon motion of a party, either on the
ground of relationship within the fourth civil degree of consanguinity or No motion or request for extension of the period within which to perfect
affinity with the adverse party or counsel, or on question of partiality or an appeal shall be allowed. (1a)
other justifiable grounds, the Labor Arbiter may inhibit himself/herself
from further hearing and deciding the case. Such motion shall be SECTION 2. GROUNDS. – The appeal may be entertained only on any
resolved within five (5) days from the filing thereof. An order denying or of the following grounds:
granting a motion for inhibition is inappealable. (12a)
(a) If there is prima facie evidence of abuse of discretion on the part of
SECTION 18. PERIOD TO DECIDE CASE. – The Labor Arbiter shall the Labor Arbiter or Regional Director;
render his/her decision within thirty (30) calendar days, without
extension, after the submission of the case by the parties for decision, (b) If the decision, award or order was secured through fraud or coercion,
even in the absence of stenographic notes: Provided, however, that including graft and corruption;
cases involving overseas Filipino workers shall be decided within ninety
(90) calendar days after the filing of the complaint. (13a)
(c) If made purely on questions of law; and/or (d) If serious errors in the The appellee shall verify the regularity and genuineness thereof and
findings of facts are raised which, if not corrected, would cause grave or immediately report any irregularity to the Commission.
irreparable damage or injury to the appellant. (2a)
Upon verification by the Commission that the bond is irregular or not
SECTION 3. WHERE FILED. – The appeal shall be filed with the genuine, the Commission shall cause the immediate dismissal of the
Regional Arbitration Branch or Regional Office where the case was appeal, and censure the responsible parties and their counsels, or
heard and decided. subject them to reasonable fine or penalty, and the bonding company
may be blacklisted. No motion to reduce bond shall be entertained
SECTION 4. REQUISITES FOR PERFECTION OF APPEAL. – (a) The except on meritorious grounds, and only upon the posting of a bond in a
appeal shall be: reasonable amount in relation to the monetary award.

(1) filed within the reglementary period provided in Section 1 of this Rule; The mere filing of a motion to reduce bond without complying with the
(2) verified by the appellant himself/herself in accordance with Section requisites in the preceding paragraphs shall not stop the running of the
4, Rule 7 of the Rules of Court, as amended; (3) in the form of a period to perfect an appeal. (6a) (As amended by En Banc Resolution
memorandum of appeal which shall state the grounds relied upon and No. 14-15, Series of 2015)
the arguments in support thereof, the relief prayed for, and with a
statement of the date the appellant received the appealed decision, SECTION 7. RECORDS OF CASE ON APPEAL. – The records of a
award or order; (4) in three (3) legibly typewritten or printed copies; and case shall have a corresponding index of its contents which shall include
(5) accompanied by: the following: (a) the original copy of the complaint; (b) other pleadings
and motions; (c) minutes of the proceedings, notices, transcripts of
(i) proof of payment of the required appeal fee and legal research fee, stenographic notes, if any; (d) decisions, orders, and resolutions as well
(ii) posting of a cash or surety bond as provided in Section 6 of this Rule, as proof of service thereof, if available; (e) the computation of the award;
and (iii) proof of service upon the other parties. (f) memorandum of appeal and the reply or answer thereto, if any, and
proof of service, if available; (g) official receipt of the appeal fee; and (h)
(b) A mere notice of appeal without complying with the other requisites the appeal bond, if any.
aforestated shall not stop the running of the period for perfecting an
appeal. The records shall be chronologically arranged and paged prominently.

(c) The appellee may file with the Regional Arbitration Branch or SECTION 8. TRANSMITTAL OF RECORDS OF CASE ON APPEAL. –
Regional Office where the appeal was filed his/her answer or reply to Within forty-eight (48) hours after the filing of the appeal, the records of
appellant's memorandum of appeal, not later than ten (10) calendar days the case shall be transmitted by the Regional Arbitration Branch or office
from receipt thereof. Failure on the part of the appellee who was properly of origin to the Commission.
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 SECTION 9. FILING OF APPEAL; EFFECT. – Without prejudice to
same. immediate reinstatement pending appeal under Section 3 of Rule XI,
once an appeal is filed, the Labor Arbiter loses jurisdiction over the case.
(d) Subject to the provisions of Article 218 (now 225) of the Labor Code, All pleadings and motions pertaining to the appealed case shall
as amended, once the appeal is perfected in accordance with these thereafter be addressed to and filed with the Commission. (9a)
Rules, the Commission shall limit itself to reviewing and deciding only
the specific issues that were elevated on appeal. (4a) SECTION 10. FRIVOLOUS OR DILATORY APPEALS. – No appeal
from an interlocutory order shall be entertained. To discourage frivolous
SECTION 5. APPEAL FEE. – The appellant shall pay the prevailing or dilatory appeals, including those taken from interlocutory orders, the
appeal fee and legal research fee to the Regional Arbitration Branch or Commission after hearing may censure or cite in contempt the erring
Regional Office of origin, and the official receipt of such payment shall parties and their counsels, or subject them to reasonable fine or penalty.
form part of the records of the case. (5a) (10a)

SECTION 6. BOND. – In case the decision of the Labor Arbiter or the SECTION 11. APPEALS FROM DECISION OF OTHER AGENCIES. –
Regional Director involves a monetary award, an appeal by the The Rules provided herein governing appeals from the decisions or
employer may be perfected only upon the posting of a bond, which shall orders of Labor Arbiters shall apply to appeals to the Commission from
either be in the form of cash deposit or surety bond equivalent in amount decisions or orders of the other offices or agencies appealable to the
to the monetary award, exclusive of damages and attorney’s fees. Commission according to law.

In case of surety bond, the same shall be issued by a reputable bonding RULE VII PROCEEDINGS BEFORE THE COMMISSION
company duly accredited by the Commission, and shall be accompanied
by original or certified true copies of the following: SECTION 1. JURISDICTION OF THE COMMISSION. – The
Commission shall exercise exclusive, original, and appellate jurisdiction
(a) a joint declaration under oath by the employer, his/her counsel, and in accordance with law. SECTION 2. COMPOSITION AND INTERNAL
the bonding company, attesting that the bond posted is genuine, and FUNCTIONS OF THE COMMISSION EN BANC AND ITS DIVISIONS.
shall be in effect until final disposition of the case; (b) an indemnity – (a) Composition. – Unless otherwise provided by law, the Commission
agreement between the employer-appellant and bonding company; (c) shall be composed of the Chairman and of twenty three (23)
proof of security deposit or collateral securing the bond: provided, that a Commissioners. (b) Commission En Banc. – The Commission shall sit
check shall not be considered as an acceptable security; and, (d) En Banc only for purposes of promulgating rules and regulations
notarized board resolution or secretary’s certificate from the bonding governing the hearing and disposition of cases before its Divisions and
company showing its authorized signatories and their specimen Regional Arbitration Branches, and for the formulation of policies
signatures. affecting its administration and operations. It may, on temporary or
emergency basis, allow cases within the jurisdiction of any Division to
The Commission through the Chairman may on justifiable grounds be heard by any other Division whose docket allows the additional
blacklist an accredited bonding company. workload and such transfer will not expose litigants to unnecessary
additional expense.
A cash or surety bond shall be valid and effective from the date of
deposit or posting, until the case is finally decided, resolved or (c) Divisions. – Unless otherwise provided by law, the Commission shall
terminated, or the award satisfied. This condition shall be deemed exercise its adjudicatory and all other powers, functions and duties
incorporated in the terms and conditions of the surety bond, and shall be through its eight (8) Divisions. Each Division shall consist of one member
binding on the appellants and the bonding company. from the public sector who shall act as the Presiding Commissioner and
one member each from the workers and employers sectors,
The appellant shall furnish the appellee with a certified true copy of the respectively. Of the eight (8) Divisions, the First, Second, Third,
said surety bond with all the abovementioned supporting documents. Fourth, Fifth and Sixth Divisions shall have exclusive territorial
jurisdiction over appealed cases coming from Luzon; the Seventh
Division, appealed cases from the Visayas Region; and the Eighth Commissioners. In case two (2) Commissioners in a Division inhibit
Division, appealed cases from Mindanao including those from the themselves in a case or matter before it, the Chairman shall, as far as
Autonomous Region for Muslim Mindanao. practicable, designate two (2) Commissioners from other Divisions
representing the respective sector of the Commissioners who inhibited
(d) Headquarters. – As provided by law, the Commission and its First, themselves. (As amended by En Banc Resolution No. 05-14, Series of
Second, Third, Fourth, Fifth and Sixth Divisions for Luzon shall have 2014)
their main offices in the National Capital Region, and the Seventh and
Eighth Divisions for Visayas and Mindanao, in the cities of Cebu and SECTION 8. ABSTENTION. – In the event of an abstention, and the
Cagayan de Oro, respectively. (2a) concurrence of two (2) Commissioners to arrive at a judgment or
resolution cannot be obtained, Section 4 (c), second paragraph, of this
SECTION 3. THE CHAIRMAN. – The Chairman shall preside over all Rule shall apply.
sessions of the Commission En Banc. He/she is the Presiding
Commissioner of the First Division. In case of the effective absence or SECTION 9. CONSOLIDATION OF CASES. – Appealed and injunction
incapacity of the Chairman, the Presiding Commissioner of the Second cases involving the same parties, issues, or related questions of fact or
Division shall be the Acting Chairman. law shall be consolidated before the Commissioner to whom the case
with the lowest case number is assigned. Notice of the consolidation
The Chairman, aided by the Executive Clerk of the Commission, shall shall be given by the Executive Clerk or Deputy Executive Clerk to the
have administrative supervision over the Commission and its Regional other members of the concerned Divisions.
Arbitration Branches and all its personnel including the Executive Labor
Arbiters and Labor Arbiters. SECTION 10. TECHNICAL RULES NOT BINDING. – The rules of
procedure and evidence prevailing in courts of law and equity shall not
SECTION 4. COMMISSION EN BANC SESSION, QUORUM AND be controlling and the Commission shall use every and all reasonable
VOTE. – (a) Commission En Banc. – The Chairman shall call the means to ascertain the facts in each case speedily and objectively,
Commission to an En Banc session at least twice a year, preferably on without regard to technicalities of law or procedure, all in the interest of
the first week of June and the first week of December, to deliberate and due process.
decide on any matter before it. However, a majority of all the members
of the Commission may call a Special En Banc session to discuss and In any proceeding before the Commission, the parties may be
decide on urgent and vital matters which need immediate action. represented by legal counsel but it shall be the duty of the Chairman,
any Presiding Commissioner or Commissioner to exercise complete
(b) Quorum. – The presence of a majority of all the members of the control of the proceedings at all stages.
Commission shall be necessary to constitute a quorum. The vote or
concurrence of the majority of the members constituting a quorum shall SECTION 11. CONCILIATION AND MEDIATION. – In the exercise of
be the decision or resolution of the Commission En Banc. its exclusive, original and appellate jurisdiction, the Commission may
exert all efforts towards the amicable settlement of a labor dispute.
(c) Division. – The presence of at least two (2) Commissioners of a
Division shall constitute a quorum. The concurrence of two (2) The settlement of cases on appeal, to be valid and binding between the
Commissioners of a Division shall be necessary for the pronouncement parties, shall be approved by the Commission. (11a)
of a judgment or resolution.
SECTION 12. ROLE OF THE LABOR ARBITER AND COMMISSION
Whenever the required membership in a Division is not complete and/or ATTORNEYS ASSIGNED TO THE COMMISSION. – In the resolution
the concurrence of two (2) Commissioners cannot be obtained to arrive of cases on appeal, and those mentioned in Rules VIII and X, the
at a judgment or resolution, the Chairman shall designate such number Commission, in the exigency of the service, shall be assisted by a Labor
of additional Commissioners belonging to the same sector from the other Arbiter or Commission Attorney who may be directed to study, review,
Divisions as may be necessary. In the event that all the members of a conduct conciliation and mediation proceedings, hear and receive
division inhibit themselves from resolving a case, the Chairman may evidence, and submit reports thereon. (12a) (As amended by En Banc
create a Special Division or assign the case to any of the other Divisions. Resolution No. 01-13, Series of 2013)

(d) Role of Chairman in the Division. – The Chairman of the Commission SECTION 13. FORM OF DECISION, RESOLUTION AND ORDER. –
may convene and preside over the session of any Division to consider The decision, resolution and order of the Commission shall state clearly
any case pending before it and participate in its deliberations, if in his/her and distinctly the findings of facts, issues, and conclusions of law on
judgment, his/her presence therein will best serve the interests of labor which it is based, and the relief granted, if any. If the decision, resolution
justice. He/she shall not however, participate in the voting by the or order involves monetary awards, the same shall contain the specific
Division, except when he/she is acting as Presiding Commissioner of the amount awarded as of the date the decision is rendered.
Division in the absence of the regular Presiding Commissioner. (4a)
SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND
SECTION 5. CONSULTATION. – The conclusions of a Division on any ENTRY OF JUDGMENT. – (a) Finality of the Decisions, Resolutions or
case or matter submitted to it for decision shall be reached in Orders of the Commission. – Except as provided in Section 9 of Rule X,
consultation before the case is assigned to a member for the writing of the decisions, resolutions or orders of the Commission shall become
the opinion. It shall be mandatory for the Division to meet for the purpose final and executory after ten (10) calendar days from receipt thereof by
of the consultation ordained herein. the counsel or authorized representative or the parties if not assisted by
counsel or representative. (b) Entry of Judgment. – Upon the expiration
A certification to this effect signed by the Presiding Commissioner of the of the ten (10) calendar day period provided in paragraph (a) of this
Division shall be issued and a copy thereof attached to the record of the Section, the decision, resolution, or order shall be entered in a book of
case and served upon the parties. entries of judgment.

SECTION 6. DISSENTING OPINION. – Should any member of a In the absence of return cards, certifications from the post office or the
Division indicate his/her intention to write a dissenting opinion, he/she courier authorized by the Commission or other proofs of service to the
may file the same within the period prescribed for deciding or resolving parties, the Executive Clerk or Deputy Executive Clerk shall consider the
the appeal; otherwise, such written dissenting opinion shall not be decision, resolution or order as final and executory after sixty (60)
considered part of the records of the case. calendar days from date of mailing. (14a) (As amended by En Banc
Resolution No. 05-14, Series of 2014)
SECTION 7. INHIBITION. – No motion to inhibit the entire Division of the
Commission shall be entertained. However, any Commissioner may SECTION 15. MOTIONS FOR RECONSIDERATION. – Motion for
inhibit himself/herself from the consideration and resolution of any case reconsideration of any decision, resolution or order of the Commission
or matter before the Division and shall so state in writing the legal or shall not be entertained except when based on palpable or patent errors;
justifiable grounds therefor. In the event that a member inhibits provided that the motion is filed within ten (10) calendar days from
himself/herself, the case shall be raffled by the Executive Clerk or receipt of decision, resolution or order, with proof of service that a copy
Deputy Executive Clerk to either of the two (2) remaining of the same has been furnished, within the reglementary period, the
adverse party; and provided further, that only one such motion from the
same party shall be entertained. (15a) RULE VIII CERTIFIED CASES RULE IX CONTEMPT

SECTION 1. POLICY. – It is the declared policy of certification of labor SECTION 1. DIRECT CONTEMPT.–The Chairman or any
disputes for compulsory arbitration to ensure and maintain industrial Commissioner or Labor Arbiter may summarily adjudge guilty of direct
peace based on social justice and national interest by having a full, contempt any person committing any act of misbehavior in the presence
complete and immediate settlement or adjudication of all labor disputes of or so near the Chairman or any Commissioner or Labor Arbiter as to
between the parties, as well as issues that are relevant to or incidents of obstruct or interrupt the proceedings before the same, including
the certified issues. disrespect toward said officials, offensive acts toward others, or refusal
to be sworn or to answer as a witness or to subscribe to an affidavit or
SECTION 2. CERTIFIED LABOR DISPUTES. – Certified labor disputes deposition when lawfully required to do so. If the offense is committed
are cases certified to the Commission for compulsory arbitration under against the Commission or any member thereof, the same shall be
Article 263 (now 278) (g) of the Labor Code, as amended. punished by a fine not exceeding Five Hundred Pesos (P500.00) or
imprisonment not exceeding five (5) days, or both; and, if the offense is
SECTION 3. EFFECTS OF CERTIFICATION. – (a) Upon certification, committed against any Labor Arbiter, the same shall be punished by a
the intended or impending strike or lockout is automatically enjoined, fine not exceeding One Hundred Pesos (P100.00) or imprisonment not
notwithstanding the filing of any motion for reconsideration of the exceeding one (1) day, or both.
certification order nor the nonresolution of any such motion which may
have been duly submitted to the Office of the Secretary of Labor and Any person adjudged guilty of direct contempt by a Labor Arbiter may,
Employment. If a work stoppage has already taken place at the time of within a period of five (5) calendar days from notice of the judgment,
the certification, all striking or locked out employees shall immediately appeal the same to the Commission and the execution of said judgment
return to work and the employer shall immediately resume operations shall be suspended pending resolution of the appeal upon the filing by
and readmit all workers under the same terms and conditions prevailing said person of a bond on condition that he will abide by and perform the
before the strike or lockout. judgment should the appeal be decided against him/her. A judgment of
the Commission on direct contempt shall be immediately executory and
(b) All cases between the same parties, except where the certification inappealable. SECTION 2. INDIRECT CONTEMPT. – The Commission
order specifies otherwise the issues submitted for arbitration which are or any Labor Arbiter pursuant to Article 218 (now 225) (d) of the Labor
already filed or may be filed, and are relevant to or are proper incidents Code, as amended, may cite any person for indirect contempt and
of the certified case, shall be considered subsumed or absorbed by the impose the appropriate penalty under any of the following grounds:
certified case, and shall be decided by the appropriate Division of the
Commission. (a) Misbehavior of any officer or employee in the performance of his/her
official duties or in his/her official transaction;
Subject to the second paragraph of Section 4 of Rule IV, the parties to
a certified case, under pain of contempt, shall inform their counsels and (b) Disobedience of, or resistance to, a lawful writ, order or decision;
the Division concerned of all cases pending with the Regional Arbitration
Branches and the Voluntary Arbitrators relative or incident to the certified (c) Any abuse of, or any unlawful interference with the processes or
case before it. proceedings not constituting direct contempt; (d) Any improper conduct
tending, directly or indirectly, to impede, obstruct or degrade the
(c) Whenever a certified labor dispute involves a business entity with administration of justice; (e) Assuming to be an attorney or a
several workplaces located in different regions, the Division having representative of party without authority; (f) Failure to obey a subpoena
territorial jurisdiction over the principal office of the company shall duly served; or (g) Other grounds analogous to the foregoing.
acquire jurisdiction to decide such labor dispute; unless the certification
order provides otherwise. A. Where charge to be filed. – Where the charge for indirect contempt
has been committed against the Commission or against an Officer
SECTION 4. EFFECTS OF DEFIANCE. – Non-compliance with appointed by it, the charge may be filed with the Commission. Where
the certification order of the Secretary of Labor and Employment shall such contempt has been committed against the Labor Arbiter, the
be considered as an illegal act committed in the course of the strike or charge may be filed with the Regional Arbitration Branch subject to
lockout, and shall authorize the Commission to enforce the same under appeal to the Commission in the same manner as provided in Section 1
pain of immediate disciplinary action, including dismissal or loss of of this Rule.
employment status or payment by the locking-out employer of
backwages, damages and/or other affirmative relief, even criminal B. How proceedings commenced. – Proceedings for indirect contempt
prosecution against the liable parties. may be initiated motu proprio by the Commission or any Labor Arbiter
by an order or any other formal charge requiring the respondent to show
The Commission may also seek the assistance of law enforcement cause why he/she should not be punished for contempt.
agencies to ensure compliance and enforcement of its orders and
resolutions. In all other cases, a charge for indirect contempt shall be commenced
by a verified petition with supporting particulars and certified true copies
SECTION 5. PROCEDURE IN CERTIFIED CASES. – (a) When of documents or papers involved therein, and upon full compliance with
there is no need to conduct a clarificatory hearing, the Commission shall the requirements for filing initiatory pleadings in the Commission. If the
resolve all certified cases within thirty (30) calendar days from receipt by contempt charge arose out of or is related to a principal action pending
the assigned Commissioner of the complete records, which shall include in the Commission or Regional Arbitration Branch, the petition for
the position papers of the parties and the order of the Secretary of Labor contempt shall allege that fact but said petition shall be consolidated,
and Employment denying the motion for reconsideration of the heard, and decided separately, unless the Commission or Labor Arbiter
certification order, if any. in its/his/her discretion, orders the consolidation of the contempt charge
and the principal action for joint hearing and decision.
(b) Where a clarificatory hearing is needed, the Commission shall, within
five (5) calendar days from receipt of the records, issue a notice to be C. Hearing. – Upon the date set for hearing, the Commission or Labor
served on the parties through the fastest means available, requiring Arbiter shall proceed to investigate the charge and consider such
them to appear and submit additional evidence, if any. All certified cases comment, answer, defense or testimony as the respondent may make
shall be resolved by the Commission within sixty (60) calendar days from or offer. Failure to attend the scheduled hearing and to give a
receipt of the complete records by the assigned Commissioner. satisfactory explanation in writing to the Commission or Labor Arbiter will
result in the waiver of the respondent to be present during the hearing.
(c) No motion for extension or postponement shall be entertained. (5a)
D. Punishment for indirect contempt. – If the respondent is adjudged
SECTION 6. EXECUTION OF JUDGMENT IN CERTIFIED CASES. – guilty of indirect contempt committed against the Commission or any
Upon issuance of the entry of judgment, the Commission, motu proprio member thereof, he/she may be punished by a fine of One Thousand
or upon motion by the proper party, may cause the execution of the Pesos (P1,000.00) per day for every act of indirect contempt; and, if the
judgment in the certified cases. offense is committed against any Labor Arbiter, the same may be
punished by a fine of Five Hundred Pesos (P500.00) per day for every any work, material, implement, machinery, appliance or any object
act of indirect contempt. Each day of defiance of, or disobedience to, or therein, and ask any employee, laborer, or any person, as the case may
non-enforcement of a final order, resolution, decision, ruling, injunction, be, for any information or data concerning any matter or question relative
or processes, shall constitute an indirect contempt of the Commission. to the object of the petition.
If the contempt consists of the violation of an injunction or omission to
do an act which is within the power of the respondent to perform, the The ocular inspection reports shall be submitted to the appropriate
respondent shall, in addition, be made liable for damages as a Division within twenty-four (24) hours from the conduct thereof.
consequence thereof. The damages shall be measured by the extent of
the loss or injury sustained by the aggrieved party by reason of the acts SECTION 6. TEMPORARY RESTRAINING ORDER; REQUISITES. – If
or omissions of which the contempt is being prosecuted, and the costs the petitioner shall also allege that, unless a temporary restraining order
of the proceedings, including payment of interest on damages. shall be issued without notice, a substantial and irreparable injury to
petitioner's property will be unavoidable, such a temporary restraining
E. A writ of execution may be issued to enforce the decision imposing order may be issued upon testimony under oath, or by affidavits of the
such fine and/or consequent damages as punishment for indirect petitioner's witnesses, sufficient, if sustained, to justify the Commission
contempt. (2a) in the issuance thereof.

RULE X SECTION 7. CASH BOND. – No temporary restraining order or writ of

INJUNCTION preliminary injunction shall be issued except on the condition that
petitioner shall first file an undertaking to answer for the damages and
SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. – A post a cash bond in the amount of Fifty Thousand Pesos (P50,000.00),
preliminary injunction or restraining order may be granted by the or such higher amount as may be determined by the Commission, to
Commission through its Divisions pursuant to the provisions of recompense those enjoined for any loss, expense or damage caused by
paragraph (e) of Article 218 (now 225) of the Labor Code, as amended, the improvident or erroneous issuance of such order or injunction,
when it is established on the basis of the sworn allegations in the petition including all reasonable costs, together with a reasonable attorney's fee,
that the acts complained of involving or arising from any labor dispute and expense of defense against the order or against the granting of any
before the Commission, which, if not restrained or performed forthwith, injunctive relief sought in the same proceeding and subsequently denied
may cause grave or irreparable damage to any party or render by the Commission.
ineffectual any decision in favor of such party.
SECTION 8. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER.
A certification of non-forum shopping shall accompany the petition for – A temporary restraining order shall be effective for no longer than
injunction. twenty (20) days reckoned from the posting of the cash bond required
under the preceding section. During the said period, the parties shall be
The writ of preliminary injunction or temporary restraining order shall required to present evidence to substantiate their respective positions in
become effective only upon posting of the required cash bond in the the main petition.
amount to be determined by the Commission to answer for any damage
that may be suffered by the party enjoined, if it is finally determined that SECTION 9. EFFECTS OF DEFIANCE. – The order or resolution
the petitioner is not entitled thereto. enjoining the performance of illegal acts shall be immediately executory
in accordance with the terms thereof. In case of non-compliance, the
SECTION 2. INJUNCTION IN STRIKES OR LOCKOUTS. – A Commission shall impose such sanctions, and shall issue such orders,
preliminary or permanent injunction may be granted by the Commission as may be necessary to implement the said order or resolution, including
only after hearing the testimony of witnesses and with opportunity for the enlistment of law enforcement agencies having jurisdiction over the
cross-examination in support of the allegations of the complaint or area for the purpose of enforcing the same.
petition made under oath, and testimony by way of opposition thereto, if
offered, and only after a finding of fact by the Commission: SECTION 10. ORDINARY REMEDY IN LAW OR IN EQUITY. – Nothing
in this Rule shall deprive any party having a claim or cause of action
(a) That prohibited or unlawful acts have been threatened and will be under or upon such undertaking from electing to pursue his/her ordinary
committed and will be continued unless restrained, but no injunction or remedy by suit at law or in equity. RULE XI EXECUTION
temporary restraining order shall be issued on account of any threat, PROCEEDINGS
prohibited or unlawful act, except against the person or persons,
association or organization making the threat or committing the SECTION 1. EXECUTION UPON FINALITY OF DECISION OR
prohibited or unlawful act or actually authorizing or ratifying the same ORDER. – (a) A writ of execution may be issued motu proprio or on
after actual knowledge thereof; (b) That substantial and irreparable motion, upon a decision or order that has become final and executory.
injury to petitioner's property will follow; (c) That as to each item of relief
to be granted, greater injury will be inflicted upon the petitioner by the (b) If an appeal has been duly perfected and finally resolved by the
denial of relief than will be inflicted upon respondents by the granting of Commission, a motion for execution may be filed before the Labor
relief; (d) That petitioner has no adequate remedy at law; and (e) That Arbiter, when the latter has possession of the case records or upon
the public officers charged with the duty to protect petitioner's property submission of certified true copies of the decisions or final order/s sought
are unable or unwilling to furnish adequate protection. to be enforced including notice of decision or order and the entry of
judgment, copy furnished the adverse party.
SECTION 3. HEARING; NOTICE THEREOF. – Hearings shall be held
after due and personal notice thereof has been served, in such manner (c) Except that, as provided for in Section 19 of Rule V in relation to
as the Commission shall direct, to all known persons against whom relief Section 9 of this Rule, and in those cases where partial execution is
is sought, and also to the Chief Executive and other public officials of allowed by law, the Labor Arbiter shall retain duplicate original copies of
the province or city within which the unlawful acts have been threatened the decision to be implemented and proof of service thereof for the
or committed charged with the duty to protect petitioner's property. purpose of immediate enforcement. (1a)

SECTION 4. RECEPTION OF EVIDENCE; DELEGATION. – The SECTION 2. EXECUTION BY MOTION OR BY INDEPENDENT

reception of evidence for the application of a writ of injunction may be ACTION. – Pursuant to Art. 224 (now 230) of the Labor Code, as
delegated by the Commission to any of its Labor Arbiters who shall amended, a decision or order may be executed on motion within five (5)
conduct such hearings in such places as he/she may determine to be years from the date it becomes final and executory. After the lapse of
accessible to the parties and their witnesses, and shall thereafter submit such period, the judgment shall become dormant, and may only be
his/her report and recommendation to the Commission within fifteen (15) enforced by an independent action before the Regional Arbitration
days from such delegation. Branch of origin and within a period of ten (10) years from date of its
finality. (8a) SECTION 3. EFFECT OF PERFECTION OF APPEAL ON
SECTION 5. OCULAR INSPECTION. – The Chairman, any EXECUTION. – The perfection of an appeal shall stay the execution of
Commissioner, Labor Arbiter or their duly authorized representatives, the decision of the Labor Arbiter except execution for reinstatement
may, at any time during working hours, conduct an ocular inspection on pending appeal. (9a)
any establishment, building, ship or vessel, place or premises, including
SECTION 4. EFFECT OF PETITION FOR CERTIORARI ON agents of such person as provided under the pertinent provision of the
EXECUTION. – A petition for certiorari with the Court of Appeals or the Revised Penal Code. This rule shall likewise apply to any person or party
Supreme Court shall not stay the execution of the assailed decision who unlawfully resists or refuses to comply with the break open order
unless a restraining order is issued by said courts. (10a) issued by the Labor Arbiter or the Commission.

SECTION 5. EFFECT OF A MOTION TO LIFT ENTRY OF JUDGMENT. For this purpose, the Labor Arbiter or the Commission may issue an
– In case a motion to lift Entry of Judgment is filed, the execution order directing the sheriff to request the assistance of law enforcement
proceedings shall not be suspended and the records of the case shall agencies to ensure compliance with the writ of execution, orders or
not be elevated to the Commission unless ordered otherwise. (En Banc processes.
Resolution No. 11-12, Series of 2012)
A bonding company cited for contempt, or for an offense defined and
SECTION 6. PRE-EXECUTION CONFERENCE. – Within two (2) punishable under the pertinent provision of the Revised Penal Code
working days from receipt of a motion for the issuance of a writ of shall be barred from transacting business with the Commission.
execution which shall be accompanied by a computation of a judgment
award, if necessary, the Commission or the Labor Arbiter may schedule (c) Proceeds of execution shall be deposited with the Cashier of the
a pre-execution conference to thresh out matters relevant to execution concerned Division or Regional Arbitration Branch, or with an authorized
including the final computation of monetary award. The pre-execution depositary bank. Where payment is made in the form of a check, the
conference shall not exceed fifteen (15) calendar days from the initial same shall be payable to the Commission.
schedule, unless the parties agreed to an extension.
(d) For monetary judgment on cases involving overseas Filipino
Any order issued by the Labor Arbiter in the pre-execution conference is workers, the manner of execution shall be in accordance with Republic
not appealable, subject to the remedies available under Rule XII. (2a) Act No. 10022. (As amended by En Banc Resolution No. 11-12, Series
of 2012)
SECTION 7. ISSUANCE, CONTENTS AND EFFECTIVITY OF A WRIT
OF EXECUTION. – The writ of execution shall issue in the name of the (e) In case of voluntary tender of payment by the losing party and –
Republic of the Philippines signed by the Commission or Labor Arbiter
ordering the Sheriff to execute the decision, order, or award of the (1) in the presence of the prevailing party, it shall be effected before the
Commission or Labor Arbiter, and must contain the complete name of Labor Arbiter or the Commission, as the case may be; (2) in the absence
the party, whether natural or juridical, against whom the writ of execution of the prevailing party, it shall be effected by immediately depositing the
was issued, the dispositive portion thereof, the amount, if any, to be same, in cash or in check, with the Cashier of the NLRC or authorized
demanded, and all legal fees to be collected from the losing party or any depositary bank and shall be released only upon order of the
other person required by law to obey the same. Commission or Labor Arbiter who issued the writ.

A writ of execution shall be effective for a period of five (5) years from Payment in the form of check shall be in the name of the Commission.
date of entry of judgment or issuance of certificate of finality. In case of (5a)
partial satisfaction of judgment during the lifetime of the writ, the Labor
Arbiter shall motu proprio issue an updated writ reflecting the amount SECTION 10. BREAK OPEN ORDER; WHEN ISSUED. – Should the
collected and the remaining balance. (3a) (As amended by En Banc losing party, his agent or representative refuse or prohibit the sheriff or
Resolution No. 11-12, Series of 2012) his authorized representative entry to the place where the property
subject of execution is located or kept, the prevailing party may file a
SECTION 8. ENFORCEMENT OF WRIT OF EXECUTION. – In motion for a break open order with the Commission or Labor Arbiter
executing a decision, resolution or order, the Sheriff, or other authorized concerned who, after due notice and hearing, shall resolve the same.
officer acting as Sheriff of the Commission, shall serve the writ within (En Banc Resolution No. 11-12, Series of 2012)
three (3) days from receipt of the same, subject to the requirements of
Sections 15 and 16 of this Rule and shall be guided strictly by these SECTION 11. EXECUTION IN CASE OF DEATH OF PARTY. – Where
Rules and by the Manual on Execution of Judgment, which shall form a party dies after the entry of judgment or issuance of certificate of
part of these Rules. In the absence of applicable rules, the Rules of finality, execution thereon may issue or one already issued may be
Court, as amended, shall be applied in a suppletory manner. (7a) enforced in accordance with the applicable provisions of the Rules of
Court.
SECTION 9. MANNER OF EXECUTION OF MONETARY JUDGMENT.
– (a) Upon the issuance of a writ of execution by the Labor Arbiter or the The sheriff shall submit to the Commission or Labor Arbiter a report
Commission, the Sheriff shall immediately furnish the losing party with a before and after the sale. Proceeds of the sale should be deposited with
copy thereof by registered mail or by courier authorized by the the Cashier for proper disposition by the Commission or Labor Arbiter.
Commission and enforce the judgment award, as far as practicable, in (En Banc Resolution No. 11-12, Series of 2012)
the following order:
SECTION 12. EXECUTION OF REINSTATEMENT PENDING APPEAL.
(1) Cash bond (2) Bank deposits (3) Surety bond (4) Should the cash – In case the decision includes an order of reinstatement, and the
bond or surety bond be insufficient, the Sheriff shall execute the employer disobeys the directive under the second paragraph of Section
monetary judgment by levying on the personal property, and if 19 of Rule V or refuses to reinstate the dismissed employee, the Labor
insufficient, the real property of the losing party not exempt from Arbiter shall immediately issue writ of execution, even pending appeal,
execution, sufficient to cover the judgment award, which may be directing the employer to immediately reinstate the dismissed employee
disposed of for value at a public auction to the highest bidder. (5) If the either physically or in the payroll, and to pay the accrued salaries as a
losing party has no properties or his/her properties are insufficient and consequence of such non-reinstatement in the amount specified in the
the bonding company refuses to comply with the writ of execution, the decision.
sheriff shall proceed to levy on the personal property, and if insufficient,
the real property of the bonding company, without prejudice to contempt The Labor Arbiter shall motu proprio issue a corresponding writ to satisfy
proceedings against its president, officers or authorized representatives. the reinstatement wages as they accrue until actual reinstatement or
Moreover, the bonding company shall be barred from transacting reversal of the order of reinstatement. (En Banc Resolution No. 11-12,
business with the Commission. (As amended by En Banc Resolution No. Series of 2012)
05-14, Series of 2014; En Banc Resolution No. 14-15, Series of 2015)
The Sheriff shall serve the writ of execution upon the employer or any
(b) If the bonding company refuses to pay or the bank holding the cash other person required by law to obey the same. If he/she disobeys the
deposit of the losing party refuses to release the garnished amount writ, such employer or person may be cited for contempt in accordance
despite the order or pertinent processes issued by the Labor Arbiter or with Rule IX. (6a)
the Commission, the president or the responsible officers or authorized
representatives of the said bonding company or the bank who resisted SECTION 13. RESOLUTION OF MOTION TO QUASH. – A motion to
or caused the non-compliance shall be either cited for contempt, or held quash shall be resolved by the Labor Arbiter within ten (10) working days
liable for resistance and disobedience to a person in authority or the from filing of said motion. The mere filing of a motion to quash shall not
stay execution proceedings. (11a) (As amended by En Banc Resolution any measure, under existing laws, to ensure compliance with the
No. 11-12, Series of 2012) decisions, resolutions or orders of the Commission and those of Labor
Arbiters. (15a)
SECTION 14. THIRD PARTY CLAIM. – (a) If the property levied is
claimed by any person other than the losing party, such person may file
a third party claim not later than five (5) days from the last day of posting SECTION 17. EFFECT OF REVERSAL DURING EXECUTION
or publication of the notice of execution sale, otherwise the claim shall PROCEEDINGS. – In case of total or partial reversal of judgment by the
be forever barred. Such third party claim must comply with the following Court of Appeals, the execution proceedings shall be suspended insofar
requirements: as the reversal is concerned notwithstanding the pendency of a motion
for reconsideration on such judgment.
(1) An affidavit stating title to property or right to the possession thereof
and the property’s fair market value with supporting evidence; However, where the judgment of the Court of Appeals is reversed by the
Supreme Court, execution proceedings shall commence upon
(2) Payment of prevailing filing fee; and, presentation of certified true copy of the decision and entry of judgment.
(En Banc Resolution No. 11-12, Series of 2012)
(3) In case the subject matter of the third party claim is a real property,
posting of a refundable cash deposit of Twenty Thousand Pesos SECTION 18. RESTITUTION. – Where the executed judgment is totally
(P20,000) for the payment of republication of notice of auction sale. (As or partially reversed or annulled by the Court of Appeals or the Supreme
amended by En Banc Resolution No. 11-12, Series of 2012; En Banc Court with finality and restitution is so ordered, the Labor Arbiter shall,
Resolution No. 14-15, Series of 2015) on motion, issue such order of restitution of the executed award, except
reinstatement wages paid pending appeal. (As amended by En Banc
(b) Where Filed. – The third party claim shall be filed with the Resolution Nos. 11-12, Series of 2012 and 05-14, Series of 2014)
Commission or Labor Arbiter where the execution proceeding is
pending, with proof of service of copies thereof to the Sheriff and the SECTION 19. EXAMINATION OF LOSING PARTY WHEN JUDGMENT
prevailing party. UNSATISFIED. – When the return of a writ of execution issued against
the property of a losing party shows that the judgment remains
(c) Effect of Filing and Posting of Bond. – The filing of a third party claim unsatisfied, in whole or in part, the prevailing party, at any time after such
shall not suspend the execution proceedings with respect to the property return is made, shall be entitled to an order from the Labor Arbiter who
subject of the third party claim, unless the third party claimant posts a rendered the said judgment, requiring such losing party to appear and
cash or surety bond equivalent to the value of the levied property or be examined concerning his/her property and income before such Labor
judgment award, whichever is lower, and in accordance with Section 6 Arbiter, at a specified time and place; and proceedings may thereupon
of Rule VI. The cash or surety bond shall be in lieu of the property subject be had for the application of the property and income of the losing party
of the third party claim. towards the satisfaction of the judgment. (n) (En Banc Resolution No.
05-14, Series of 2014)
The cash or surety bond shall be valid and effective from the date of
deposit or posting, until the third party claim is finally decided, resolved SECTION 20. ENFORCEMENT OF ATTENDANCE AND CONDUCT
or terminated. This condition shall be deemed incorporated in the terms OF EXAMINATION. – A party or other person may be compelled, by an
and conditions of the surety bond, and shall be binding on the third party order of subpoena, to attend before the Labor Arbiter to testify as
claimant and the bonding company. provided in the preceding section (examination of losing party’s
property/income), and upon failure to obey such order or subpoena or to
The Labor Arbiter may require the posting of additional bond upon be sworn and subscribe, or to answer as a witness, may be punished for
showing by the other party that the bond is insufficient. contempt as in other cases in accordance with Section 2 of Rule IX.
Examinations shall not be unduly prolonged, but the proceedings may
Upon approval of the bond, the Labor Arbiter shall issue an order be adjourned from time to time, until the same are completed. All
releasing the levied property or a part thereof subject of the claim. (As examinations and answers before the Labor Arbiter must be under oath,
amended by En Banc Resolution No. 14-15, Series of 2015) and when a corporation or other juridical entity answers, it must be on
the oath of an authorized officer or agent thereof. (n) (En Banc
(d) Proceedings. – The propriety of the third party claim shall be Resolution No, 05-14, Series of 2014)
resolved within ten (10) working days from submission of the claim for
resolution. The decision of the Labor Arbiter is not appealable but may RULE XII EXTRAORDINARY REMEDIES
be elevated to the Commission and resolved in accordance with Rule
XII hereof. In the event that the resolution of the third party claim is SECTION 1. VERIFIED PETITION. – A party aggrieved by any order or
elevated to the Commission, the release of the bond shall be suspended. resolution of the Labor Arbiter, including a writ of execution and others
Pending resolution thereof, execution shall proceed against all other issued during execution proceedings, may file a verified petition to annul
properties not subject of the third party claim. or modify the same. The petition may be accompanied by an application
for the issuance of a temporary restraining order and/or writ of
If the third party claim is denied with finality, the bond shall be made preliminary or permanent injunction to enjoin the Labor Arbiter, or any
answerable in lieu of the property subject of the third party claim. (12a) person acting under his/her authority, to desist from enforcing said
(As amended by En Banc Resolution No. 14-15, Series of 2015) resolution, order or writ. (As amended by En Banc Resolution No. 07-
14, Series of 2014)
SECTION 15. SHERIFF’S RETURN AND REPORT. – The writ of
execution shall be returned to the Commission or Labor Arbiter SECTION 2. GROUNDS. – The petition filed under this Rule may be
immediately after the full satisfaction of the judgment award. In case of entertained only if there is no appeal or any other plain, speedy and
partial or non-satisfaction of the judgment, the sheriff enforcing the writ adequate remedy in the ordinary course of law, and based on any of the
shall submit a report updating the Commission or Labor Arbiter who following grounds:
issued the writ of execution on the status of the enforcement thereof, not
later than thirty (30) days from receipt of such writ and every thirty (30) (a) If there is prima facie evidence of abuse of discretion on the part of
days thereafter during the lifetime of the writ unless fully satisfied. A copy the Labor Arbiter; (b) If serious errors in the findings of facts are raised
of the report shall be furnished the Chairman and the Executive Labor which, if not corrected, would cause grave or irreparable damage or
Arbiter. injury to the petitioner; (c) If a party by fraud, accident, mistake or
excusable negligence has been prevented from taking an appeal; (d) If
Failure on the part of the Sheriff to submit the report or return required made purely on questions of law; or (e) If the order or resolution will
under this Rule within the stated period shall subject him/her to cause injustice if not rectified. (As amended by En Banc Resolution No.
administrative fine under Rule XIV of this Rule, or suspension for fifteen 05-14, Series of 2014)
(15) days without pay, or both. (13a, 14a)
SECTION 3. WHEN AND WHERE FILED. – Not later than ten (10)
SECTION 16. DESIGNATION OF SPECIAL SHERIFFS. – The calendar days from receipt of the order or resolution of the Labor Arbiter,
Chairman of the Commission may designate special Sheriffs and take
the aggrieved party may file a petition with the Commission furnishing a In the event of filing of a subsequent petition under this rule involving the
copy thereof to the adverse party. same issues, the suspension of the release of money collected or credit
garnished or the suspension of auction sale over properties levied upon
SECTION 4. REQUISITES OF THE PETITION. – The petition filed under the first paragraph shall not apply. (As amended by En Banc
under this Rule shall: Resolution No. 11-12, Series of 2012)

(a) be accompanied by a clear original or certified true copy of the order SECTION 10. VERIFIED APPLICATION, ISSUANCE OF TEMPORARY
or resolution assailed, together with clear copies of documents relevant RESTRAINING ORDER OR PRELIMINARY INJUNCTION; BOND. –
or related to the said order or resolution for the proper understanding of Upon the filing of a verified application for injunctive relief, together with
the issue/s involved; (b) contain the arbitral docket number and appeal supporting affidavits and documents, the Commission may issue a writ
docket number, if any; (c) state the material date showing the timeliness of a preliminary injunction based on any of the applicable grounds
of the petition; (d) be verified by the petitioner himself/herself in provided for in Section 3, Rule 58 of the Rules of Court for the
accordance with Section 4, Rule 7 of the Rules of Court, as amended; preservation of the rights of the parties pending resolution of the petition.
(e) be in the form of a memorandum which shall state the ground/s relied The writ of preliminary injunction shall be effective for a non-extendible
upon, the argument/s in support thereof and the reliefs prayed for; (f) be period of sixty (60) calendar days from service on the private
in three (3) legibly written or printed copies; and (g) be accompanied by: respondent. If it shall appear from facts shown by the verified
application and affidavits that great and irreparable damage and/or injury
(i) certificate of non-forum shopping; (ii) proof of service upon the other would result to the petitioner before the petition can be resolved, the
party/ies and the Labor Arbiter who issued the order or resolution being Commission may issue a temporary restraining order ex-parte effective
assailed or questioned; and (iii) proof of payment of the required fees. for a non-extendible period of twenty (20) calendar days from service on
the private respondent.
SECTION 5. THE PUBLIC AND PRIVATE RESPONDENTS
IMPLEADED IN THE PETITION. – The Labor Arbiter shall be jointly In the issuance of a temporary restraining order or writ of preliminary
impleaded with the private respondent as a public respondent in a injunction, the Commission shall require the posting of a cash bond in
nominal capacity. As used in this Rule, the private respondent refers to the amount of Fifty Thousand Pesos (P50,000.00), or such higher
the party interested in sustaining the order or resolution of the Labor amount as may be determined by the Commission, to recompense those
Arbiter. It shall be the duty of the private respondent to appear and enjoined for any loss, expense or damage caused by the improvident or
defend, both in his/her behalf and that of the public respondent, and the erroneous issuance of such order or injunction, including all reasonable
cost awarded in such proceedings in favor of the petitioner shall be costs.
against the private respondent only. The public respondent shall not
appear or file an answer or comment to the petition or any pleading An additional cash bond may be required by the Commission in the
therein. issuance of a writ of preliminary injunction.

SECTION 6. SERVICE AND FILING OF PLEADINGS. – The party filing SECTION 11. EFFECTIVITY OF TEMPORARY RESTRAINING
the pleadings shall serve the other party with copies thereof in ORDER OR WRIT OF PRELIMINARY INJUNCTION. – The temporary
accordance with Rule 13 of the Rules of Court furnishing the Labor restraining order or writ of preliminary injunction shall become effective
Arbiter with a copy. only upon posting of the required cash bond. In the event that the
application for a writ of preliminary injunction is denied or not resolved
If the last day to serve and file a pleading falls on a Saturday, Sunday or within the said period, the temporary restraining order is deemed
holiday, the pleading shall be served and filed on the first working day automatically vacated.
immediately following such Saturday, Sunday or Holiday.
The application for a temporary restraining order or a writ of preliminary
SECTION 7. ANSWER TO THE PETITION. – Within ten (10) calendar injunction may be denied, or if granted, may be dissolved, on any
days from the receipt of the petition, the private respondent shall file grounds provided for in Section 6, Rule 58 of the Rules of Court.
his/her answer therein stating the ground/s why the petition should be
denied. Failure on the part of the private respondent, to file his/her SECTION 12. EFFECT OF INJUNCTION. – The issuance of a
answer within the said period may be construed as a waiver to file the temporary restraining order or a writ of preliminary injunction, unless
same. otherwise declared by the Commission, shall not suspend the
proceedings before the Labor Arbiter or stay the implementation of the
SECTION 8. OPPOSITION TO THE INJUNCTIVE RELIEF; WHEN writ of execution but shall only restrain or enjoin such particular act/s as
FILED. – In case the petitioner also prays for an injunctive relief, the therein decreed to be restrained or enjoined.
private respondent may file his/her verified opposition or comment to the
application for injunctive relief not later than five (5) calendar days from SECTION 13. RESOLUTION OF PETITION. – If the Commission finds
receipt of a copy of the petition. that the allegations of the petition are true, it shall:

SECTION 9. EFFECT OF FILING OF PETITION. – Upon filing of the (a) render judgment for the relief prayed for or to which the petitioner is
petition, the proceedings before the Labor Arbiter shall continue unless entitled; and/or (b) grant a final injunction perpetually enjoining the
restrained. In case of execution, the proceedings in accordance with Labor Arbiter or any person acting under his/her authority from the
Rule XI of these Rules shall not be suspended, but no money collected commission of the act/s or confirming the preliminary injunction.
or credit garnished may be released or personal properties levied upon
be sold by public auction within fifteen (15) calendar days from the filing However, the Commission may dismiss the petition if it finds the same
of the petition. If no temporary restraining order or writ of preliminary to be patently without merit, prosecuted manifestly for delay, or that the
injunction is issued within the said period, the money collected or credit questions raised therein are too unsubstantial to require consideration,
garnished shall be released and/or the properties levied upon sold by or when an appeal or any other plain, speedy and adequate remedy in
public auction and the proceeds of the sale applied, to satisfy the the ordinary course of law is available. (As amended by En Banc
judgment. Resolution No. 05-14, Series of 2014)

In case of execution proceedings, the Labor Arbiter shall immediately SECTION 14. RECOVERY FROM THE INJUNCTION BOND. – The
inform in writing the Commission or the Division where the petition is amount of damages that may be recovered by the private respondent
pending of the satisfaction of the judgment, and, if circumstances from the injunction bond of the petitioner shall be ascertained and
warrant, the Commission shall dismiss the petition for being moot. awarded in the decision/order/resolution finally disposing of the issue on
the application for injunction.
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 SECTION 15. NO APPEAL FROM THE ORDER OR RESOLUTION OF
retaining copies of documents relevant and necessary for this purpose. THE LABOR ARBITER ARISING FROM EXECUTION PROCEEDINGS
(As amended by En Banc Resolution No. 05-14, Series of 2014) OR OTHER INCIDENTS. – Except by way of a petition filed in
accordance with this Rule, no appeal from the order or resolution issued
by the Labor Arbiter during the execution proceedings or in relation to same. Notices of said decisions, resolutions or orders shall be sent in
incidents other than a decision or disposition of the case on the merits, sealed envelopes to parties and their respective counsel, if practicable,
shall be allowed or acted upon by the Commission. within forty-eight (48) hours from promulgation; (As amended by En
Banc Resolution No. 07-14, Series of 2014; En Banc Resolution No. 02-
RULE XIII COMMISSION SEAL AND RECORDS, AND POWERS AND 15, Series of 2015)
DUTIES OF COMMISSION OFFICIALS
(h) Entry of Judgment. – He shall keep a book of entries of judgment,
SECTION 1. SEAL OF THE COMMISSION. – The seal of the National decisions, resolutions and orders containing in chronological order the
Labor Relations Commission shall be of standard size, circular, with the entries of all final decisions, resolutions and orders of the Commission;
inscription, running from left to right on the upper outside edge, the
words “NATIONAL LABOR RELATIONS COMMISSION”, and the lower (i) Disposition and Remand of Records. – Upon entry of judgment,
outside edge, the words “REPUBLIC OF THE PHILIPPINES”, with a he/she shall immediately remand the records of the case to the Regional
design at the center containing the coat of arms of the Department of Arbitration Branch of origin, Regional Director or his/her duly authorized
Labor and Employment. officer, as the case may be. The Records Unit shall immediately post
said records without delay within two (2) working days;
SECTION 2. THE EXECUTIVE CLERK. – The Executive Clerk shall
assist the Commission when sitting En Banc and when acting through (j) Monthly Accomplishment Reports. – He/she shall submit a monthly
the First Division, and shall perform such similar or equivalent functions accomplishment report of the Commission or Division not later than the
and duties as are discharged by the Clerk of Court of the Court of 7th day of the following month;
Appeals.
(k) Other Functions. – He/she shall perform other functions as directed
SECTION 3. DEPUTY EXECUTIVE CLERKS. – The Deputy Executive by the Chairman or the Commission En Banc. (4a) The Chairman may
Clerks of the other Divisions shall assist the Commission when acting authorize any personnel in the Division to perform functions as stated in
through its Division, and shall perform similar functions and duties as paragraph (g) hereof. (En Banc Resolution No. 05-14, Series of 2014)
discharged by the Deputy Clerks of Court of the Court of Appeals, and
as enumerated herein as functions of the Executive Clerk relative to their SECTION 5. BOARD SECRETARIES. – The Board Secretaries of the
respective Divisions. (3a) Commission shall assist the Executive Clerk or Deputy Executive Clerks
in the performance of their duties and functions relative to the
SECTION 4. DUTIES AND FUNCTIONS OF THE EXECUTIVE CLERK Commission or their respective Divisions.
AND DEPUTY EXECUTIVE CLERKS. – (a) Custody of Seal and Books.
– He/she shall keep in his/her care and custody the Seal of the SECTION 6. ISSUANCE OF CERTIFIED COPIES. – Unless otherwise
Commission, together with all the books necessary for the recording of restricted by Section 8 hereof, the Executive Clerk, Deputy Executive
the proceedings of the Commission, including the records, files and Clerks, and the authorized officers of the Regional Arbitration Branches
exhibits; shall prepare, for any person asking for the same, a certified copy, under
the Seal of the Commission, of any paper, record, decision, resolution,
(b) Filing of Pleadings. – He/she shall receive and file all cases and order or entry by and in his/her office, proper to be certified, after
pleadings and documents indicating thereon the date and time filed. All payment of the standard fees to the Commission duly receipted for:
pleadings shall be filed in three (3) legibly typewritten copies in legal Provided that, a pauper litigant, as defined by law, shall be exempted
size; from paying any fee for certified copies of any document, including
transcripts of stenographic notes.
(c) Raffle and Assignment of Cases. – He/she shall assign appealed
cases for study or report strictly by raffle or as directed by the Chairman. SECTION 7. POWER TO ADMINISTER OATH. – The Chairman,
In this connection, the raffle of cases for study or report must be attended Members of the Commission, the Executive Clerk, the Deputy Executive
by the duly designated representative of the Members of the appropriate Clerks, the Executive Labor Arbiters, the Labor Arbiters, and other
Division; (d) Service of Processes, Orders and Decisions. – He/she shall persons designated or commissioned by the Chairman of the
serve parties and counsel processes, notices of hearings, copies of Commission, shall have the power to administer oath on all matters or
decisions, resolutions or orders issued by the Commission by registered proceedings related to the performance of their duties.
mail, by courier authorized by the Commission or by personal service
and immediately attach the returns or proofs of delivery thereof to the SECTION 8. ACCESS TO COMMISSION RECORDS. – All decisions,
records; (As amended by En Banc Resolution No. 05-14, Series of 2014) resolutions and orders of the Commission shall be open to the parties to
the case and their counsel or authorized representative during regular
(e) Commission Calendar and Minutes Book. – He/she shall prepare the office hours. Access to pleadings and other documents filed by parties
Commission or Division calendars of sessions, attend such sessions to a case are restricted. However, reports, drafts of decisions, records
personally and immediately prepare the minutes thereof. For this of deliberations or documents of the Commission involving private rights
purpose, he/she shall keep a minutes book; shall be confidential. (As amended by En Banc Resolution No. 11-12,
Series of 2012)
(f) General Docket. – The Executive Clerk shall keep a general docket
for the Commission, each page of which shall be numbered and RULE XIV ADMINISTRATIVE SANCTIONS
prepared for receiving all the entries in a single page, and shall enter
therein all original and appealed cases before it, numbered SECTION 1. IMPOSITION OF FINES. – The Commission and Labor
consecutively in the order in which they were received and, under the Arbiters, by authority of the Chairman, may after hearing, impose
heading of each case, the date and hour of each pleading filed, of each administrative fines which shall not be less than Five Hundred Pesos
order, decision or resolution entered, and of each other step or action (P500.00) nor more than Ten Thousand Pesos (P10,000.00) to ensure
taken in the case; so that, by reference to any single page, the history of compliance with decisions, orders or awards.
the case may be known;
The imposition thereof may be enforced through issuance of a writ
(g) Promulgation and Promulgation Book. – He/she shall promulgate of execution. (n)
decisions and final resolutions on the same date the same is filed with
his/her office and indicate the date and time of promulgation and attest RULE XV EFFECTIVITY
the same by his/her signature on the first page thereof. He/she shall
immediately furnish the Chairman with a copy of such decision, SECTION 1. EFFECTIVITY. – These Rules shall take effect fifteen (15)
resolution, or order with a summary of the nature thereof and the issue days after publication in two (2) newspapers of general circulation.
involved therein. He/she shall keep a promulgation book which indicates
the date and time of promulgation, the case number, title of the case, Signed this 31st day of May 2011 at Davao City, Philippines.
the ponente, the nature of the decision or final resolution and the action
taken by the Commission by quoting the dispositive portion thereof.
He/she shall certify as true, copies of the decision, resolution or order
promulgated by his/her respective Divisions and sign notices of the