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

13" Congress
First Regular Session

HOUSE BILLNO.__ 372.

Introduced by Representative Roseller L. Barinaga

EXPLANATORY NOTE

The main purpose of this measure is to eliminate one layer of appellate body, the Court of
Appeals, in the decisions of the National Labor Relations Commission (NLRC) which has just
been instituted through judicial legislation. In order to “de-clog” its docket, the Supreme Cpugt,
in the case of St. Martin Funeral Homes vs. NLRC, G.R. No. 130866, September 16, 1998, ruled
that the decisions of the NLRC shall be appealable to the Court of Appeals. As a consequence,
the mandate of providing speedy labor justice is negated. It is an additional burden to opr
workers who could not afford a protracted, costly arid frustrating litigation in another level pf
peal. This situation affects the whole Filipino workforce, including overseas confract workers,
agricultural workers and domestic helpers. .

This must be corrected in accordance with the intent of R.A: 6715, which Congress
enacted to afford speedy labor justice to party litigarits. Thus, decisions of labor arbiters, who act
as labor judges at the arbitral ievel, are appealable to the NLRC. By providing that the decision
of the Commission shall be final and executory after ten (10) calendar days from its receipt by
the parties concerned, Congress has intended not to allow further appeal from the decision of the
NLRC. However, considering the constitutional review power of the Supreme Court aver qll
decisions of regular courts and quasi-judicial bodies, such as the NLRC, it has long been the
Practice of the Court to entertain petitions filed by the aggrieved parties through the special civil
action of certiorari. This is pursuant to paragraph (3), Section 9 of B.P. 129, reiterated jn R.A.
7902, which specifically excepts the decision of the NLRC from the appellate jurisdiction of the
Court of Appeals.

It is clear that Congress has intended not to provide-for an appeal from the decisions of
the NLRC. However, an aggrieved party may still avail of the special civil action of certigrari

n questi isdiction by filing the said petition directly to the Supreme
Court, pursuant to Rule 65 of the Rules of Court. This is what this bill intends to put into law,

In the light of the above considerations, support of this bill is eamestly sought.

ROSELLER'L. BARINAGA



Republic of the Phil
HOUSE OF REPRESE! IVES
Quezon City, Metro Manila

13" Congress
First Regular Session

House BILLNO. 872

Introduced by Representative Roseller L. Barinaga

AN ACT
PROVIDING FOR RELIEFS FROM AND EXECUTION OF FINAL DECISIONS AND.
AWARDS OF THE NATIONAL LABOR RELATIONS COMMISSION AND THE
LABOR ARBITERS AMENDING FOR THE PURPOSE ARTICLES 223 AND 224 OF
P.D. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE QF THE
PHILIPPINES,

Be_it enacted by the House of Representatives and the Senate of the Philippines in
Congress assembled: .

SECTION 1. Article 223 of P.D. 442, as amended, otherwise known as the Labor Code
of the Philippines, is hereby amended to read as follows:
“Article 223. Appeal. - Decisions, awards, or orders of the Labor Agbitey
are final and executory unless appealed to the Commission by any or both parties
within ten (10) calendar days from receipt of such decisions, awards or orders
Such appeal may be entertained only on any of the following grounds:

a)

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

b)

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

©) If made purely on questions of law; and



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

“In case of a judgment involving a monetary award, an appeal by the

employer may be perfected only upon the posting of a cash or surety bond issued *

by a reputable bonding company duly accredited by the Commission in the
amount equivalent to the monetary award in the judgment appealed from,

“In any event, the decision of the Labor Arbiter reinstating a dismissed or
separated employee, insofar as the reinstatement aspect is concemed, shall
immediately be executory, even pending appeal. The employee shall either be
admitted back to work under the same terms and conditions prevailing prior to his
dismissal or separation or, at the option of the employer, merely reinstated in the
payroll. IN CASE THE EMPLOYER SHALL OPT FOR PAYROLL
REINSTATEMENT, THE DISMISSED EMPLOYEE SHALL BE PAID
HIS SALARIES/WAGES AND OTHER BENEFITS DURING THE
PENDENCY OF THE APPEAL IN THE COMMISSION. The posting of a
bond by the employer shall not stay the execution of the reinstatement provided
herein.

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

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

days from receipt thereof.



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“The Commission shall decide all cases within [twenty (20)] THIRTY
(30) calendar days from receipt of the answer of the appellee. The decision of the

Commission shall be final and executory after ten (10) calendar days from receipt

thereof by the parties. IN CASE A MOTION FOR RECONSIDERATION IS -

FILED, THE DECISION SHALL BE EXECUTORY AFTER TEN (10)
CALENDAR DAYS FROM RECEIPT. OF THE RESOLUTION OF SUCH
MOTION.

“ Any law enforcement agency may be deputized by the Secretary of Labor
and Employment or the Commission in the enforcement of decisions, awards, or

orders.”

SEC. 2. ‘Article 224 of P.D. 442, as amended, is hereby amended to read as follows:
“Article 224. Execution of Decisions, Orders or Awards. -
A) DECISIONS, RESOLUTIONS OR AWARDS OF THE
COMMISSION, EXCEPT THOSE ON CERTIFIED CASES,
SHALL BE APPEALABLE ONLY TO THE SUPREME COURT ON
CERTIORARI UNDER RULE 65 OF THE RULES OF COURT
SOLELY ON QUESTIONS OF LAW OR JURISDICTION.
“{(@)] (B) The Secretary of Labor and Employment or any Regional
Director, the Commission or any Labor Arbiter, or Med-Arbiter or
Voluntary Arbitrator or panel of Voluntary Arbitrators may, motu proprio
or on motion of any interested party, issue a writ of execution on a
judgment within five (5) years from the date it becomes final and

executory, requiring a sheriff or a duly deputized officer to execute or

feeranrenanta


rules and regulations or any part thereof inconsistent with the pro

e.: e

enforce final decisions, orders or awards of the Secretary of Labor and
Employment or Regional director, the Commission, the Labor Aibiter or
Med-Arbiter, or Voluntary Arbitrator or panel of Voluntary Arbitrators.
In any case, it shall be the duty of the responsible officer to separately *
furnish immediately the counsels-of-record and the parties with copies of
said decisions, orders or awards. Failure to comply with the duty
prescribed herein shall subject such responsible officer to appropriate
administrative sanctions.

“[(b)] (C) The Secretary of Labor and Employment, and the Chairman of
the Commission may designate special sheriffs and take any measure
under existing laws to ensure compliance with their decisions, orders or
awards and those of Labor Arbiters and Voluntary Arbitrators or panel of
Voluntary Arbitrators, including the imposition of administrative fines
which shall not be less than Five hundred pesos (P500.00) nor more than

Ten thousand pesos (P10, 000.00).”

SEC.3. If any provision of this Act is declared unconstitutional, the same shall not

affect the validity and effectivity of the other provisions thereof.

SEC. 4, All laws, executive orders, presidential decrees, presidential proclamations,

repealed or modified accordingly.



1 "SEC. 5. This Act shall take effect fifteen (15) days after its complete publication in the

2 Official Gazette or in at least two (2) newspapers of national circulation.

Approved.