Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO.__ 6822

Introduced by:

Honorable DAVID C. SUAREZ

EXPLANATORY NOTE

Section 16, Article 111 of our Constitution gives each person the
right to a speedy trial, it provides that: "All persons shall have the right to
a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies."

The National Labor Relations Commission (NLRC) is a quasi-
judicial body tasked 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.

Thirty-one years have passed since the last reorganization of the
NLRC was enacted.

With the growing number of workers, both local and overseas, under
its jurisdiction, NLRC has to expand in order to minimize case backlogs
and address labor disputes in a timely manner. Thus, in order to improve

1


the disposition and administration of justice and to ensure the right to a

speedy trial, the creation of an additional division of the NLRC is ardently
proposed.

In view of the foregoing provisions, the approval of this bill is
earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILLNo.__©822

Introduced by:
Honorable DAVID C. SUAREZ

AN ACT
CREATING ONE ADDITIONAL DIVISION IN THE NATIONAL LABOR
RELATIONS COMMISSION, INCREASING THE NUMBER OF
COMMISSIONERS FROM FOURTEEN (14) TO SEVENTEEN (17),
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442,
AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF
THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Section 1. Title II, Chapter |, Article 213 of Presidential Decree No.
442, as amended, is hereby further amended to read as follows:

"Article 213. 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 [fourteen-{14)] SEVENTEEN (17) Members.

[Five{5)] SIX (6) members [each,] shall be chosen from
among the nominees of the workers and employers
organizations, respectively. The Chairman and [t
FIVE (5) [remaining] members shall come from the public sector,
with the latter to be chosen from among the recommendees of
the Secretary of Labor and Employment.

Upon assumption into office, the members nominated by the
workers and employers’ organizations shall divest themselves of
any affiliation with or interest in the federation or association to
which they
belong.

The Commission may sit en banc or in [five-{5}] SIX (6)
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 powers, functions,
and duties through its divisions. Of the [five-{)] SIX (6) divisions,
the first, second and third divisions shall handle cases coming
from the National Capital Region and the parts of Luzon; and the
fourth, [and] fifth, AND SIXTH divisions, cases from the Visayas
and Mindanao, respectively; Provided that the Commission
sitting en banc may, on temporary or emergency basis, allow
cases within the jurisdiction of any division to be heard and
decided by any other division 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 their respective territorial jurisdictions.

The concurrence of two (2) Commissioners of a division
shall be necessary for the pronouncement of judgment or
resolution. Whenever the required membership in a division is
not complete and the concurrence of two (2) commissioners to
arrive at a judgment or resolution cannot be obtained, the


Chairman shall designate such number of additional
Commissioners from the other divisions as may be necessary.

The conclusions of a division on any case submitted to it
for decision shall be reached in consultation before the case is
assigned to a member for the writing of the opinion. It shall be
mandatory for the division to meet for purposes of the
consultation ordained herein. A certification to this effect signed
by the Presiding Commissioner of the division shall be issued
and a copy thereof attached to the record of the case and served
upon the parties.

The Chairman shall be the Presiding Commissioner of the
first division and the [four-(4)] FIVE other members from the
public sector shall be the Presiding Commissioners of the
second, third, fourth, [and] fifth, AND SIXTH divisions,
respectively. In case of the effective absence or incapacity of the
Chairman, the Presiding Commissioner of the second division
shall be the Acting Chairman.

The Chairman, aided by the Executive Clerk of the
Commission, shall have administrative supervision over the
Commission and its regional branches and all its personnel,
including the Executive Labor Arbiters and Labor Arbiters.

The Commission, when sitting en banc shall be assisted by
the same Executive Clerk and, when acting thru its Divisions, by
[said] THE Executive Clerks for the second, third, fourth, [and]
fifth, AND SIXTH 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.”

Sec. 2. Title Il, Chapter I, Article 214 of Presidential Decree No.
442, as amended, is hereby further amended to read as follows:

"Article 214. Headquarters/ Branches and Provincial
Extension Units. The Commission and its First, Second and
Third divisions shall have their main offices in Metropolitan
Manila, and the Fourth, [and] Fifth, AND SIXTH divisions in the
Cities of Cebu, [and] 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. Each regional branch shall be headed by an
Executive Labor Arbiter."

Sec. 3. Funding. - The amounts necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.

Sec. 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.

Sec. 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 of tenure of its
members, or alter the seniority in the National Labor Relations
Commission in accordance with existing laws.

Sec. 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 full force and effect.

Sec. 7. Repealing Clause. - All laws, presidential decrees, letters of
instruction, executive orders, rules, or regulations, or any part thereof
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

Sec. 8. Effectivity. - This Act shall take effect after fifteen (15) days
following its publication in two (2) newspapers of general circulation.

Approved,