FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
434 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
In the case of St. Martin Funeral Homes vs. NLRC, dated September 6, 
1998, the Supreme Court came out with a ruling that from then on, "judicial 
review" over decisions of the NLRC shall first be lodged before the Court of 
Appeals. Consequently, the mandate of providing speedy labor justice was 
thereby negated particularly to the lowly workers who could ill afford a protracted, 
costly and frustrating litigation before another level of appellate body. This 
additional layer of appeal affects the whole workforce in the country, including the 
overseas contract workers, agricultural workers and domestic helpers. 
While the obvious purpose of the Supreme Court was to declog its docket, 
such ruling was clearly a case of "judicial legislation" since the Court itself 
acknowledged in the same aforecited case that: 
"In fine, Congress did intend to provide for judicial review of the 
adjudications of the NLRC in labor cases bv the Supreme Court. but there 
was an inaccuracy in the term used for the intended mode of review. x x x. 
Thus, this bill now intends to CLEARLY put into law the accurate 
"intended mode of review" of' the NLRC decisions directly to the Supreme 
Court via Petition for Certiorari under Rule 65 of the Rules of Court. 
For enacting the Labor Code as special social legislation, it is the intent of 
Congress to afford speedy labor justice to the party-litigants. Thus, under Article 
223 thereof, the law provides that decisions of the Labor Arbiters, who act as 
labor judges, are appealable to the National Labor Relations Commission and 
that: "The decisions of the Commission shall be final and executory after 
ten (10) calendar days from receipt thereof by the parties". Clearly, Congress 
has intended not to allow any further appeal from the decision of the 
Commission. 
However, considering the constitutional review power of the Supreme 
Court over all decisions of the regular courts and quasi-judicial bodies, such as 
the NLRC, it has long been the practice by the Supreme Court torentertain 
petitions filed by the aggrieved parties in labor cases via Petition for Certiorari. 
This practice is pursuant to paragraph three (3). Section 9 of B.P. 129, 
reiterated in R.A. 7902, which specifically except the decisions of the National 


Labor Relations Commission from the appellate iurisdiction of the Court of 
Appeals. 
It is therefore clear that the Legislature has intended not to provide for an 
appeal from the decisions of the Commission. However, an aggrieved party may 
still avail of the Petition for Certiorari on questions of law and/or jurisdiction by 
filing the same directly with the Supreme Court under Rule 65 of the Rules of 
Court as practiced before the St. Martin ruling. This is what this bill intends to put 
into law. 
For these reasons, approval of this bill is urgently sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
434 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR RELIEF FROM AND EXECUTION OF FINAL DECISIONS 
AND AWARDS OF THE NATIONAL LABOR RELATIONS COMMISSION AND 
THE LABOR ARBITERS THEREBY AMENDING FOR THIS PURPOSE 
ARTICLES 223 AND 224 OF P.O. 442, AS AMENDED OTHERWISE KNOWN 
AS THE LABOR CODE. 
Be enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 223 of the Labor Code, as amended, is hereby further 
amended to read as follows: 
"ARTICLE 223 Appeal. - Decisions, awards, or orders of the Labor Arbiter 
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. 
NO APPEAL OR PETITION FROM THE DECISIONS, AWARDS OR 
ORDERS OF THE LABOR ARBITER SHALL BE ENTERTAINED BY 
ANY COURT OR AGENCY, EXCEPT BY THE COMMISSION. Such 
appeal OR PETITION 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 coercion, 
including graft and corruption; 
(c) If made purely on questions of law; and 
(d) 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 judgment involving 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 
concerned, 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 OR 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 the 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 hereof. 
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 Presidential Decree No. 442, as amended. Is 
hereby further amended to read as follows: 
"ART. 224. Execution of Decisions, Orders, or Awards. -
"(A) DECISIONS, RESOLUTIONS OR AWARDS OF THE 
COMMISSION SHALL BE REVIEWABLE ONLY BY THE SUPREME 
COURT ON CERTIORARI UNDER RULE 65 OF THE RULES OF 
COURT SOLELY ON QUESTIONS OF LAW OR JURISDICTION IN THE 
EXERCISE OF ITS POWERS UNDER PARAGRAPH (1) SECTION 5, 
ARTICLE VIII OF THE CONSTITUTION. 
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"[(a)] (B) The Secretary of Labor and Employment or any Regional 
Director, the Commission or any Labor Arbiter, or Med-Arbiter or 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 enforce final decisions, orders or awards of the Secretary of 
Labor and Employment or Regional Director, the Commission, the Labor 
Arbiter or Med- Arbiter, or Voluntary Arbiter or panel of Voluntary 
Arbitrators. In any case, it shall be the duty of the responsible officer to 


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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,OOO.OO)" 
SEC. 3. If any provision of this Act is declared unconstitutional, the same 
shall not affect the validity and effectivity of the other provisions hereof. 
SEC. 4. All laws, executive orders, presidential decrees, presidential 
proclamations, rules and regulations or any part thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 5. This Act shall take effect fifteen (15) days after its complete 
Publication in the Official Gazette or in at least two newspapers of national 
circulation. 
Approved,