Republic of the Philippines
House of Representatives
Quezon City, Metro Hanila

Twentieth Congress

First Regular Session

4032

House Bill No.

Introduced by

HON. REPRESENTATIVE LAARNI LAVIN ROQUE
4™ DISTRICT, BUKIDNON

EXPLANATORY NOTE

The National Labor Relations Commission (NLRC) has been
tasked by Presidential Decree No. 442, otherwise known as the Labor
Code of the Philippines, as amended, to administer labor justice. It has
the original and exclusive jurisdiction to hear and decide, cases
involving all workers, on issues of unfair labor practices, legality of
strikes and lockouts, termination disputes, cases involving wages,
rates of pay, hours of work and other terms and conditions of
employment, as well as claims for damages arising from the employer-
employee relations.

In addition, the Migrant Workers and Overseas Filipinos Act of
1995 or Republic Act No. 8042, as amended by R. A. No. 10022,
mandates that the NLRC shall have the original and exclusive
jurisdiction to hear and decide the claims arising out of an employer-
employee relationship or by virtue of any law or contract involving
Filipino workers for overseas deployment including claims for actual,
moral, exemplary and other forms of damages.

Adjudication wise, the NLRC has been relatively exemplary and
consistent in its performance. It has a disposition rate of almost 100%
of cases referred to it within the 6 to 9 months period for Labor
Arbiters, and the 3 to 6 months period for its Commissioners. Its
decisions have been sustained by the Court of Appeals and the
Supreme Court more than 90% of the time. This, despite having a
very high volume of cases from its constituency of workers, as well as
employers.

By virtue of Republic Act No. 9347, enacted on July 27, 2006,
the Chairperson, Commissioners and Labor Arbiters were granted
ranks, salaries, benefits and other emoluments in parity with their
counterparts in the judiciary.



Like in the judiciary, the management of the retirement benefits
of the NLRC officials was transferred from the Government Service
Insurance System to the Department of Budget and Management.

With the said transfer, the survivorship benefits of the judiciary
were denied. As a curative measure, R. A. No. 9946 was passed on
July 13, 2010, granting survivorship, additional retirement and other
benefits to members of the judiciary.

By virtue of the NLRC’s parity rights under R. A. No. 9347, its
officials should have been granted the same benefits under R. A. No.
9946. Unfortunately, such was not the case. As of now, there are at
least twenty-nine (29) widows and widowers of NLRC officials, who are
not receiving any centavo of pension.

This proposed measure seeks to grant the Chairperson, Members
of the Commission and the Labor Arbiters to receive survivorship and
other benefits under R. A. No. 9946. The surviving legitimate spouse
of said officials, who have retired, or were eligible to retire optionally
at the time of their death, shall be entitled to receive all the retirement
benefits that the deceased said official would have received, had he or
she would have received had he or she not died. The surviving spouse
shall continue to receive such retirement benefits until the surviving
spouse's death or remarriage.

The benefits under this measure shall cover all those who have
retired prior to its effectivity, however, the benefits shall be granted
prospectively. There will be no retroactive grant of the said benefits.
Thus, presently, the appropriation requirement would only be around
Seventy-Two Million Pesos (PhP72,000,000.00) per year.

This bill corrects the injustice to the officials of the NLRC, who
are the only pensioners, private or public, who do not enjoy
survivorship benefits. It would also enjoin more lawyers of exceptional
competence and indisputable integrity to join the NLRC and uphold
labor justice.

It is in this view that the immediate passage of the bill is
earnestly sought.

HON LAA\ VIN ROQUE
Rep) rative
BukidnoN, 44h District


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Republic of the Philippines
Bouse of Representatives
Queson City, Metro Manila

Twentieth Congress

First Regular Session
i

House Bill No. 4032

Introduced by

HON. REPRESENTATIVE LAARNI LAVIN ROQUE
4™ DISTRICT, BUKIDNON

AN ACT

GRANTING SURVIVORSHIP AND ALL OTHER ADDITIONAL
BENEFITS IN PARITY WITH THEIR COUNTERPARTS IN THE
JUDICIARY, IN FAVOR OF THE CHAIRPERSON, COMMISSIONER
OR LABOR ARBITER OF THE NATIONAL LABOR RELATIONS
COMMISSION, PROVIDING FUNDS THEREFOR, AMENDING FOR
THE PURPOSE PRESIDENTIAL DECREE 442, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the
“Survivorship Benefits for NLRC Act of 2025.”

SECTION 2. Parity in Salaries and Benefits. - Article 223,
Chapter I, Title II, Book Five, of Presidential Decree No. 442,
otherwise known as the Labor Code of the Philippines, as amended, is
hereby further amended to read as follows:

ART. 223. Salaries, Benefits, and Emoluments.

- The Chairman and members of the Commission shall

have the same rank, receive an annual salary equivalent

to, and be entitled to the same allowances, retirement and


1 benefits as those of the Presiding Justice and Associate

2 Justices of the Court of Appeals, respectively. Labor
3 Arbiters shall have the same rank, receive an annual salary
4 equivalent to and be entitled to the same allowances,
5 retirement and other benefits and privileges as those of
6 the judges of the Regional Trial Courts. THE
7 CHAIRPERSON, MEMBERS OF THE COMMISSION AND
8 THE LABOR ARBITERS SHALL LIKEWISE RECEIVE
9 SURVIVORSHIP AND OTHER BENEFITS UNDER
10 REPUBLIC ACT NO. 9946, ENTITLED “AN ACT
ap GRANTING ADDITIONAL RETIREMENT,
12 SURVIVORSHIP, AND OTHER BENEFITS TO MEMBERS
13 OF THE JUDICIARY, AMENDING FOR THE PURPOSE
14 REPUBLIC ACT NO. 910, AS AMENDED, PROVIDING
15 FUNDS THEREFOR AND FOR OTHER PURPOSES”.
16 THEY SHALL ALSO BE ENTITLED TO ALL OTHER
17 ALLOWANCES, RETIREMENT AND OTHER BENEFITS
18 AND PRIVILEGES GRANTED IN FAVOR OF THE
19 MEMBERS OF JUDICIARY AS MAY HEREINAFTER BE
20 GRANTED BY LAW, RULES OR REGULATIONS. In no
21 case, however, shall the provision of this Article result in
22 the diminution of the existing salaries, allowances and
23 benefits of the aforementioned officials.

24 SECTION 3. Coverage. - The benefits under this Act shall be

25 granted to all those who have retired prior to the effectivity of this

26 Act: Provided, That the benefits to be granted shall be prospective.


SECTION 4. Implementing Rules and Regulations. - Within
ninety (90) days from the effectivity of this Act, the NLRC shall issue
the necessary rules and regulations for the effective implementation of
this Act.

SECTION 5. Appropriations. - The amount necessary for the
continuing implementation of this Act shall be programmed by the
Commission to be included in the General Appropriations Act.

SECTION 6. Separability Clause. - If any provision of this Act,
or any parts thereof, is declared unconstitutional, the same shall not
affect the validity and effectivity of the other portions.

SECTION 7. Repealing Clause. - All laws, executive orders,
presidential decrees, proclamations, rules, regulations, issuances and
enactments of parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

SECTION 8. Effectivity. - This Act shall take effect fifteen (15)
days from its complete publication in the Official Gazette of in a
newspaper of general circulation in the Philippines, whichever comes

earlier.

APPROVED.