SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 
19 S 8 
INTRODUCED BY SEN. J.INGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
'13 
NOV 27 P 3 :li 
In the case of Sf. 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 RA. 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. 
OY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 19 6 8 
) 
) 
) 
'13 
NOV 27 P 3 .=11 
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.D. 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 O.F 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 onaw; 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 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 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 Elxecutory 
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 ONL YBY 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. 
"[(al] (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 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 
(Pi 0,000.00)" 
SEC. 3. If any provision of this Act is declared unconstitutional, the same 
shall not affect the validity and effectivity of the other provisions 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,