Ropublic ofthe Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Marita

THIRTEENTH CONGRESS
First Regular Session
2256
HOUSE BILL NO.

Introduced By: SOLOMON R. CHUNGALAO

EXPLANATORY NOTE

‘The primary sim of this measure isto eliminate one layer of appellate
‘body, the Court of Appeals, as regards decisions of the National Labor Relations
Commision (NLRC) which has just recently been instituted thru judicial
legislation. For the sole purpose of de-clogging its docket, the Supreme Cour, in
the case of St Martin Funeral Homes vs. NLRC, GR No. 130866, September 16,
1098, ruled thatthe decisions ofthe National Labor Relations shal be appealable
1 the Court of Appeals. Consequently the mandate of providing specdy Inbor
justice is hereby negated particularly as regards the workers who coud ill afford a
rotaced, cosly and fusuating litigation in another level of appeal. This
‘ditional layer Of appeal afecs the whole workforce in the county, including
‘overseas contact workers, agricultural workers and domestic helpers.

‘This must be corrected in order to put to rest the clear intent of Congress
in enacting RA. 6715 (Labor Code, as amended). Being a specill social
legislation, i isthe intent of Congress to afford speedy labor justice tothe party
tgants to “ensure industrial peace” Thus, decisions of the Labor Arbiters, who
‘act as labor judges at the arbitral level, are appealable to the National Labor
Relaions Commission. By providing that:

“The decision of the Commission shall be final and executory ater ten (10)
calendar days fom receipt thereof by the partis.”

Congress has intended not to allow further appeal fom the decision of the
[National Labor Relations Commissions However, considering the constitutional
review power ofthe Supreme Court overall decisions of regular courts and qusi-
judicial bodies, such asthe NLRC, it has long been the practice by the Court 9


cateiin petitions fled by the agarieved partes via special civil action of
CCertiorari. This practice is pursuant to paragraph thee (3), Section 9 of BP. 129,
reiterated in R.A. 7902, which specifically exempts the decison ofthe National
Labor Relations Commission ftom the appellate jurisdiction of the Court of
Appeals. 7

It is therefore clear that the Legislature has intended not to provide for an
ppeal from the decisions of the Commission. However, an aggrieved party may
fil aval ofthe special civil ation of Cerirar only on questions of law and/or
jurisdiction, by fling the said petition diret to the Supreme Court pursuant to
Rule 65 of the Rules of Court. This is what this ill intends o pinto law.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Maria

THIRTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.. 2

Introduced by: HON. SOLOMON R. CHUNGALAO

AN ACT
RATIONALIZING RELIEFS FROM AN EXECUTION OF FINAL
DECISIONS AND AWARDS OF THE NATIONAL LABOR RELATIONS
COMMISSION AND THE LABOR ARBITERS, THEREBY AMENDING
FOR THAT PURPOSE ARTICLES 223 AND 224 OF THE LABOR CODE.

‘Be it enacted by the Senate and the House of Represenatives of the
Philipines in the Congress assemble:

SECTION 1. Article 223 s hereby amended to read as follows:

‘ticle 223, Appeal ~ Decisions, awards, or orders ofthe
Labor Arbiter ae final and executory unless appealed tothe Commission by any
‘or both parties within ten (10) calendar days from receipt of such decisions,
‘swards of orders. Such appeal may be entrained only on any ofthe following

(@) If there is prima facie evidence of abuse of discretion onthe part
‘ofthe Labor Arbiter,

(@) If the decision, order or award was secured through faud or
coercion, including graft and comption;

(@) If made purely on question of aw; and

(Of serious erors in the findings of facts are raised which would
‘eause grave or ireparable damage or injury othe appellant

Incase of judgment involving monetary award, an appeal bythe employer
may be perfected only upon the posting of a cash or surety bond issued by &



reputable bonding company duly acredited by the Commission in the amount
‘suivant to the monetary award inthe jadgment appealed fom.

In aay 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 ether be
admitted back to work under the same terms and conditions prevailing rir to his
Aismissl or separation or tthe option ofthe employer, merely reinstated inthe
payroll INCASE THE EMPLOYER SHALL OPT FOR PAYROLL
REINSTATEMENT, THE EMPLOYEE SHALL BE PAID HIS
‘SALARIESWAGES DURING THE PENDENCY OF THE APPEAL IN THE
COMMISSION. The posting of a bond by employer shall not stay execution
‘reinstatement provided herein

To discourage Frivolous or distor appeals, the Commission or the Labor
Arbiter shall impose reasonable penalty, including ines or censurs, upon ering
panties.

In all cases, the appellant shall furnish a copy of the memorandum of
appeal to the othe party who shal file an answer not later than ten (10) calendar
ays fom receipt thereof

‘The Commission shall decide all cases within (tweny) THIRTY (30)
<alendar days fom receipt ofthe answer ofthe appellee

‘The decision of the commision shall be Final and executory after ten (10)
‘calendar days from receipt thereof by the partes. 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.

SECTION 2. Article 2241s hereby amended to read a fellows:
‘Article 224. Execution of decisions, orders or awards. -

(@) DECISIONS, RESOLUTIONS OR AWARDS OF THE
COMMISSION SHALL BE UNAPPEALABLE AND REVIEWABLE
ONLY BY THE SUPREME COURT ON CERTIORARI UNDER RULE 65
OF THE RULES OF COURT SOLELY ON QUESTIONS OF LAW OR
JURISDICTION.


bi (©) The Secretary of Labor and Employmeat, or any Regional
sector exe

(6) The Secretary of Labor and Employment, and the Charman of
the Commission xxx

SECTION 3. Repealing Clause. — All aws, decrees, executive orders,
rules and regulations of any part thereof which are inconsistent herewith are
hereby deemed repealed or modified accordingly

SECTION 4. Effectivey. —This Act shall take effect fifteen (15) days
ser ite complete puliction in the Official Gazeteor in atleast two (2) national
newspapers of general circulation, whichever comes earlier

Approved.