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Nineteenth Congress
Second Regular Session
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Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTY LIST
EXPLANATO RY NOTE
The main  goal of labor justice is to be a countervailing force to counteract the
inequality  of bargaining  power  inherent  in  the  employment  relationship,  between  a
bearer of power and one who is notl.1.  This paradigm has been long-pursued in modern
labor movements through the interplay of trade unionism and tripartism, and further
reinforced  by protective  legislation.  Thus, the  constitutional guarantee  that the  State
shall protect the rights of workers and promote their welfare, and also inasmuch as it
affirms that labor, is a primary socio-economic force and an indispensable partner in
the nation's progress and stability.
On  the  ground,  the  demand   for  labor  justice   reverberates  in  the  prompt
execution  of orders and  decisions rendered in  labor disputes by quasi-judicial bodies
such as the National Labor Relations Commission (NLRC) and the National Conciliation
and Mediation Board (NCMB), particularly those in favor of the workingmen,
A study conducted by the Commission on Human Rights (CHR) in 2021 showed
that   it    takes   an   average   of  7.2    years    for an overseas Filipino worker's  (OFW)
money claims case to be resolved from the time of filing of the complaint in the NLRC up
to the date of a final decision by the Supreme Court. Legal maneuverings and strategies
by  lawyers  such  as  endless  motions  and  pleadings,  often  dilatory,  slow  down  the
proceedings,  and  more  significantly,  give  their  clients  the  time  to  hide  their  assets
beyond the reach of impending execution. As a result, many plaintiff-workers  (OFWs)
1 Paul Davies and Mark Freedland, Kahn-Freund's Labour and the Law, 3rd edition (Stevens,1983).


are overwhelmed by frustration and mounting expenses, compelling them to enter into
lopsided  settlements  and  accept  payments  grossly less  than  what  they are  actually
entitled to under the law. No more pronounced is `justice delayed is justice denied'.
Patent  dilatory  tactics   in   labor  litigations,   particularly  in   the  execution   of
decisions and orders on  money claims of workers, must be discouraged and  declared
contemptuous to prevent them from being resorted to.
But the problem doesn't stop there. With a favorable decision in the hands of a
complainant-worker, the challenge now is the satisfaction of the decision, whether fully
or  partially.  While  the  winning  party  may  already  move  for  the  execution  of  the
monetary award even pending appeal  (except when a restraining order is issued by a
competent court), the assets of the losing respondents may no longer be found, or the
companies have closed or ceased operations due to insolvency, or transferred to third
parties. In the end, the monetary award is practically unsatisfied, and the worker still
cannot enjoy the fruits of his long and protracted legal struggle for what must rightfully
accrue to him. A classic case of a pyrrhic victory.
To address these issues, this bill mandates the Chairman of the NLRC (and   the
Secretary of Labor and  Employment)  to  exercise  the  power  to  cite  in  contempt any
person or party whose action unreasonably delays, impedes or obstructs the execution
of the  decisions,  orders  or  awards,  or  is  tantamount  to  non-compliance  thereto,  to
ensure prompt compliance with their decisions, orders or awards and those of Labor
Arbiters  and  voluntary arbitrators,  and  to  impose  specific  fines  and  penalties  in  the
exercise thereof.
Additionally,  the  bill  provides  the  Chairman  of the  NLRC  (and  the  Secretary  of
Labor)  the  power  to  issue  an  order  to  break  open  premises  and  freeze  or  attach
properties,  real  or  personal,  or  any  other  related  order,  for  purposes  of  securing
existing assets of a judgement-obligor to satisfy the judgement award. However, under
no circumstance shall the exercise of this power violate the right of any person or party
to due process.
It should  be  noted that the  power to  issue  order to break open  premises,  or
attach properties, or other related orders, to secure the assets of a judgement-obligor to
satisfy  the  judgement  award  dispenses  with  the  requirement  of  a  judicial  search
warrant  which   is   secured   primarily   for   purposes   of  evidence-gathering  in   the
prosecution of criminal cases.
Moreover, the bill recognizes that the general power to cite a party in contempt
is already granted to the NLRC in Article 235, (and to the Secretary of Labor in Article
231)   of  Presidential   Decree   No.   442,   or   the   Labor   Code   of  the   Philippines.   To
distinguish, this bill provides for the exercise of the same power specifically in ensuring
the prompt execution  of the decisions,  orders and awards  of the  NLRC and  its  Labor
Arbiters  and  Voluntary Arbitrators  and  to  impose  specific  fines  and  penalties  in  the
exercise thereof.


Finally,  just  as  the  winning  party  has  the  right  to  enjoy  the  finality  of the
resolution  of the  case,  the  losing  party  has  the  right  to  file  an  appeal  within  the
prescribed period. To expedite the proceedings for the benefit of both parties in either
way, this measure seeks to allow the decision of the Commission (NLRC) to be appealed
vr.a a petition for cerfi'orari' to the Supreme Court under Rule 65 of the Rules of Court.
At present, the NLRC's ruling can be appealed to the Court of Appeals (CA) under
Rule  43  of the  Revised  Rules  of Court.  In  turn,  the  latter's  decision  may be  further
elevated  to  the  Supreme  Court  for  final  resolution.  Under  the  proposed  measure,
decisions of the NLRC will no longer need to pass through the CA and instead may be
appealed directly to the Supreme Court on cerfJ`omri. under Rule 65, which will be more
practical and cost-effective, and less time-consuming.
It has  been  the  advocacy of this  representation  to  uphold  the  interest of the
workingman, particularly our OFWs, especially in the prompt and timely execution  of
awards and money claims granted to them after years of litigation, Labor justice is part
and parcel of social justice.
For the foregoing reasons, the immediate consideration and approval of this bill
is earnestly urged.


3Repiibltt ot trDe asb{ltppt"es
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Nineteenth Congress
Second Regular Session
HouseBillNo9827
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
OFw pARrv LlsT
AN ACT
PROMOTING AND EXPEDITING LABOR JUSTICE AND FOR OTHER PURPOSES,
AMENDING FOR THE PURPoSE PRES,DENT]AL DECREE No. 442 oTHERwr]SE
KNowrN AS THE LABOR CoDE oF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Sfaorf ZYtle -This Act shall be known as the `Promoting and Expediting Labor
Justice Act.'
Section  2. Article  230,  Chapter  Ill,  Title  11,  Book Five,  of Presidential  Decree  No 442,
otherwise known as the Labor Code of the Philippines, as amended, is hereby amended
to read as follows:
`Article 230. Execution of Decisions, Orders, or Awards -
(a)  xxxx
tt))   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 loss than fivo hundred pesos (P500.00) nor moro than ton thousand pesos
(Plo,000,00).I


A)    EXERCISE    0F   THE    POWER   0F    CONTEMPT   AND    TO    IMPOSE
ADMINISTRATIVE   FINES  THEREOF  WHICH  SHALL  NOT  BE   LESS
THAN TEN THOUSAND PESOS (P 10,000.00) BUT NOT MORE THAN
ONE      HUNDRED      THOUSAND      PESOS      (P      100,000.00),      OR
IMPRlsoNMENT oF NOT MORE THAN THIRrv (3o) DAys, oR BOTH,
AGAINST  ANY  PARTY  WHOSE  ACTION  UNREASONABLY  DELAYS,
IMPEDES   OR   OBSTRUCTS   THE   PROMPT   EXECUTION   0F   THE
DECISIONS,    ORDERS    0R   AWARDS,    OR    IS    TANTAMOUNT    T0
DISOBEDIENCE OR NON-COMPLIANCE THERETO;
8)   ISSUANCE  OF  AN  ORDER  TO  BREAK  OPEN  ANY  PREMISES,  AND
FREEZE  OR  ATTACH  ANY  PROPERTY,  OR  ANY  OTHER  RELATED
ORDER,    FOR    PURPOSES    OF    SECURING    THE    ASSETS    0F    A
JUDGEMENT-OBLIGOR  TO   SATISFY  THE  JUDGEMENT  AWARD.   IF
NEEDED, THE ORDER SHALL BE ENFORCED WITH THE ASSISTANCE
0F  THE  PHILIPPINE  NATIONAL  POLICE  (PNP)  AND  OTHER  LAW
ENFORCEMENT AGENCIES.
UNDER NO  CIRCUMSTANCE SHALL THE EXERCISE 0F THIS POWER
VIOLATE THE RIGHT 0F ANY PERSON 0R PARTY TO DUE PROCESS.
Section  3.  Article  229,  Chapter  Ill,  Title  11,  Book  Five,  of Presidential  Decree  No.  44,
otherwise known as the Labor Code of the Philippines, as amended, is hereby further
amended to read as follows:
`Arti.c/a 229. AppecrJ. 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.  Such
appeal may be entertained only on any of the following grounds:
XXXX
XXXX
THE  DECISION  OF  THE  COMMISSION  MAY BE  APPEALED  VIA A  PETITION
FOR CERTI0RARI TO THE SUPREME COURT UNDER RULE 65 0F THE RULES
0F COURT.
Section 4, Implementing Rules and Regulations - Within sixty (60) days from the
effectivity  of this  Act,  the  Commission  shall  promulgate  the  rules  and  regulations
necessary for the proper implementation of this Act.
Section 5.  SepflmbjJI.ty CJaurse - If any part or provision of this Act shall be declared
unconstitutional or invalid, the other provisions hereof which are not affected thereby
shall continue to be in full force and effect.


Section 6.  RepgaJl.ng clause - All  laws, presidential  decrees,  executive orders, rules
and  regulations,  other  issuances  and  parts  thereof which  are  inconsistent with  the
provisions of this Act are hereby repealed or modified accordingly,
Section  8.   E#ectl.VI.ty  CJause -This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication   in   theo/fcJ'cr/   Gtlzetteor   in   at  least  two   (2)   newspapers   of  general
circulation.
Approved.