THIRTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
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EXPLANATORY NOTE 
In the case of St. Martin Funeral Homes vs. NLRC, dated September 16, 
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 deklog its 
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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 by 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 
"intended mode of review" of the NLRC decisions directly to the 
Court via Petitionfor Certiorari under Rule 65 of the Rules of Court. 
ccurate 
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upreme 
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1. 
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, underf&&le 
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". Clearlv, Conpress, 
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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 to entertain' 
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 


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in R.A. 7902, e s p e c i f i c a l l v  excepts the decisions of the National Labor 
Relations Commission from the appellate jurisdiction of the Court of Appeals. 
It is therefore clear that the Legislature has intended not to provide for an 
appeal from the decisions of 
jurisdiction by filing the 
still avail of the Petition 
the Rules of Court as 
Bill intends to put into law. 
For these reasons, approval of this Bill is urgently sought. 
ADA 
Senator 
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THIRTEENTH CQJJGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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Senate Bill No.- 
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Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
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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 
ARTICLE 223 OF THE LABOR CODE. 
Be it enacted by the Senate and the House of Representatives 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 is 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 
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(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; 
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(c) 
(d) 
If made purely on questions of law; and 
If serious errors in the findings of facts are raised which 
In case of judgment involving monetary award, an appe 1, by the 
employer may be perfected only upon the posting of a cash or surety bond 
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would cause grave or irreparable damage or injury to the appellant. 


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 
dismissd or sei$rated 
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. THE EMPLOYER SHALL SO INFORM THE 
DISMISSED EMPLOYEE OF ITS OPTION WITHIN FIVE (5) DAYS FROM 
RECEIPT OF THE LABOR ARBITER'S DECISION. 
IN CA 
EMPLOYER OPTS FOR PAYROLL REINSTATEMENT, THE DI 
EMPLOYEE SHALL BE PAID HIS S A L A R I E S ~ A G E ~  
AN 
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 thereof. 
The Commission shall decide all cases within twenty (20) calendar days 
froin receipt of the answer of the appellee. 
-The decisFo5 of the Commission shall be final and executory after ten (10) 
calendar days from receipt thereof by the parties; PROVIDED, HOWEVER, 
THAT DECISIONS, RESOLUTIONS OR AWARDS OF THE COMMISSION 
SHALL BE REVIEWABLE BY THE SUPREME COURT ONLY ON PETITION 
FOR CERTIORARI UNDER RULE 65 OF THE RULES OF COURT. 


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SEC. 2. 
Separability Clause. - If any part, section, or provision of this 
Act shall be held. invalid or unconstitutional, the other provisions shall not be 
affected thereby. 
SEC. 3. 
Repealing Clause. - Sec. 223 of 
P.D. 442, as amended, 
otherwise known as the Labor Code of the Philippines, and all other acts, laws, 
executive orders, presidential issuances, rules and regulations or any part thereof 
which $re inconsistent herewith are hereby deemed repealed or modified 
accordingly. 
SEC. 4. 
Ejjectivity. - This Act shall take effect fifteen (15) days after 
its complete publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation, whichever comes earlier. 
Approved,