Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOusE BILL` rio. , 5 2 1 8
•S-.¢zas#;
RECEIVED
Introduced by REPRESENTATIVE JONATHAN KEITH T. FLORES
EXPALANTORY NOTE
The National Labor Relations Commission (NLRC) was created under Presidential Decree No.
442, otherwise known as the fcJbor Coc7e a//foe Pfoz./zzxpJ.#es, as amended and renunbered, which took
effect on November 1, 1974.
The  NLRC  as  quasi-judicial  body  and  attached  agency  of  the  Department  of  Labor  and
Employment (DOLE), has its primary duty to promote and maintain industrial peace by resolving labor
and management disputes involving both local and overseas workers through compulsory arbitration and
alternative modes of dispute resolution.
NLRC had significant role in ensuring fair and quality disposition of labor cases within reasonable
period. In 20/ 7, NLRC posted an overall output for compulsory arbitration of 43,270 cases, 32,847 as
original cases from the Regional Arbitration Branches (RABs), and  10,423 as appealed cases from the
Commission Proper. In 20J8, overall output for compulsory arbitration of 48,770 cases, 37,037 as original
cases from the Regional Arbitration Branches (RABs), and 11,733 as appealed cases from the Commission
Proper. In 20J9, posted an overall output for compulsory arbitration of 53,292 cases, 41,690 as original
cases from the Regional Arbitration Branches (RABs), and 1 1,602 as appealed cases from the Commission
Proper. In 2020, posted an overall output for compulsory arbitration of 28,016 cases, 21,181  as original
cases from the Regional Arbitration Branches (RABs), and 6,835 as appealed cases from the Commission
Proper. At the end of 2020, the RABs and the Commission Proper had total pending of 10,087 original
cases, and 1,004 appealed cases. Lastly, in 202/, the Commission posted an overall output of 32,433 cases
for compulsory arbitration comprising of 24,262 as original cases from the Regional Arbitration Branches
(RABs), and 8,171 as appealed cases from the Commission Proper.


As  shown in the figures provided by the Commission from its Annual  Report, there is
indeed a massive increase of labor and management related cases involving both local and overseas
workers. By increasing the number of the NLRC Commissioners from twenty-three (23) to twenty-
six (26), the workforce expansion is needed to cope up with existing filed labor disputes. Moreover,
creating one additional division in the NLRC will provide convenience and expediency of labor
dispute resolution.
In view of the foregoing, approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRES S
First Regular Session
HousE lil-Li -No. 5 2 1 8
Introduced by REPRESHNTATIVH JONATHAN KHITH T. FLORES
AN ACT
CREATING   ONE   ADDITIONAL   DIVISION   IN   THE   NATIONAL   LABOR
RELATIONS       COMMISSION,       INCREASING       THE       NUMBER       0F
COMMISSIONERS   FROM   TWENTY-THREE   (23)   TO   TWENTY-SIX   (26),
AMHNDING  FOR  THE  PURPOSE  PRESIDENTIAL  DECREE  NO.  442,  AS
AMENDED,   OTHERWISE   KNOWN   AS   THE   LABOR   CODE   0F   THE
PHILIPPINES,  APPROPRIATING  FUNDS  THHREFOR,  AND  FOR  OTHER
PURPOSES
Be i,t enacted by the Senate and House Of Representatives Of the Philippines in Congress
assembled:
SECTION  1.  Title  11,  Chapter I,  Article 220  of Presidential Decree No.  442,  as
amended, is hereby further amended to read as follows:
Article  220.  National  Labor  Relations  Commission.  -  There  shall  be  a.
National Labor Relations Commission which shall be attached to the Department of
Labor and Employment for program and policy coordination only, composed of a
Chairman and TWHNTY - SIX (26) Members.
NINH (9) members shall be chosen from among the nominees of the workers
and employers organizations, respectively. The Chairman and EIGHT (8) members
shall  come  from the public  sector,  with the  latter to be  chosen  from  among the
recommendees of the Secretary of Labor and Employment.
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Upon assumption into offlce, the members nominated by the workers and
employer organizations shall divest themselves of any affiliation with or interest in
the federation or association to which they belong.
The Commission may sit en banc or in NINE (9) divisions, each composed of
three  (3)  members.  Subject  to  the  penultimate  sentence  of this  paragraph,  the
Commission  shall  sit  en  banc  only  for  purposes  of  promulgating  rules  and
regulations governing the hearing and disposition of cases before any of its divisions
and  regional  branches,  and  formulating policies  affecting  its  administration  and
operations.  The  Commission  shall  exercise  its  adjudicatory and all  other power,
functions,  and  duties  through  its  division.  Of the  NINE  (9)  divisions,  the  first,
second, third,  fourth,  fifth,  and six divisions shall handle cases coming from the
National  Capital Region and other parts  of Luzon,  and the  seventh,  eight,  AND
NINTH divisions, cases from the Visayas and Mindanao, respectively: Provided,
That the Commission sitting en bane may, on temporary or emergency basis, allow
cases within the jurisdiction of any division to heard and decide by any other division
whose  docket  allows the  additional  workload  and  such transfer will  not  expose
litigants to unnecessary additional expense. The divisions of the Commission shall
have  exclusive appellate jurisdiction over cases  within then respective territorial
jurisdiction.
The concurrence of two (2) Commissioners of a division shall be necessary
for  the   pronouncement   of  judgement   or  resolution.   Whenever  the   required
membership  in  a  division  is  not  complete  and the  concurrence  of the  two  (2)
Commissioners to arrive at a judgment or resolution cannot obtained, the Chairinan
shall designate such number of additional Commissioners from the other divisions
as may be necessary.
4


The conclusions of a division on any case submitted to it for decision shall be
reached in consultation before the case is assigned to a member for the writing of
the  opinion.  It  shall  be  mandatory  for the  division to  meet  for purposes  of the
consultation ordained therein. A certiflcation to this effect signed by the Presiding
Commissioner of the division shall be issued, and a copy thereof attached to the
record of the case and served upon the parties.
The Chairman shall be the Presiding Commissioner of the first division, and
the  HIGHT  (8)  other  members  from  the  public  sector  shall  be  the  Presiding
Commissioners  of the  second,  third,  fourth,  fifth,  sixth,  seventh,  eighth,  AND
NINTH  divisions, respectively. In case of the effective absence or incapacity of the
Chairman, the Presiding Commissioner of the second division shall be the Acting
Chairman.
The Chairman, aided by the Executive Clerk of the Commission, shall have
exclusive administrative supervision over the Commission and its regional branches
and all its personnel, including the Labor Arbiters.
The  Commission,  when  sitting  en  bane,  shall  be  assisted  by  the  same
Executive Clerk, and,when acting thru its Divisions, by said Executive Clerk for its
first division and EIGHT (8) other Deputy Executive Clerks for the second, third,
fourth  fifth,  sixth,  seventh  eighth,  and  NINTH  Divisions,  respectively,  in  the
performance of such similar or equivalent functions and duties as are discharged by
the Clerk of Court and Deputy Clerks of Court of the Court of Appeals.
The  Commission  and  its  NINE  (9)  divisions  shall  be  assisted  by  the
Commission Attorneys in its appellate and adjudicatory functions whose term shall
be  coterminous  with  the  Commissioners  with  whom  they  are  assigned.  The
Commission Attorneys shall be members of the Philippine Bar with at least one (1)
5


year experience or exposure in the fleld of labor management relations. They shall
receive annual salaries and shall be entitled to the same allowances and benefits as
those  falling  under  Salary  Grade  twenty-six  (SG  26).  There  shall  be  as  many
Commission Attorneys as may be necessary for the effective and efficient operation
of the Commission but in no case more than five (5) assigned to the Office of the
Chairman and each Commissioner.
Section  2.  Title  11,  Chapter  I,  Article  221  of Presidential  Decree  No.  442,  as
amended, is hereby further amended to read as follows:
A:KI . 2;2,1. Headquarters, Branches and Provincial Extension Units . -The
Commission and its first, second, third, fourth, fifth and sixth divisions shall have
their main offices in Metropolitan Manila, and the seventh, eighth AND NINTII
divisions in the cities of Cebu, Cagayan de Oro, AND DAVAO, respectively. The
Commission shall establish as many regional branches as there are regional offices
of the Department of Labor and Employment, sub-regional branches or provincial
extension units. There shall be as many Labor Arbiters as may be necessary for the
effective and efficient operation of the Commission.
Section 3. Funding. -The amounts necessary to cany out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment
into law and thereafter.
Section 4. Upon the effectivity of this Act, all pending cases, except those which
have been submitted for resolution, shall be referred to the proper division of the National
Labor Relations Commission.
6


-
Section 5 . Nothing in this Act shall be construed to allow the transfer, except in cases
of temporary assignment, of any member of the National Labor Relations Commission to
any place or station without such member's written consent, or to undermine the security
oftenure of its members, or alter the seniority in the National Labor Relations Commission
in accordance with existing laws.
Section 6. Separability Clause. -If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision thereof not affected thereby
shall remain in force and effect.
Section 7. Repealing Clause. -All laws, presidential decrees, letters of instruction
executive orders, rules and regulations, or a part thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 8. Effectivity. -This Act shall take effect after fifteen (15) days following
its publication in two (2) newspapers of general circulation.
Approved,
7