3givrffty-
Fduerf
Quezon City, Metro Manila
Nineteenth Congress
First Regular.Session
HOUSE BILL No. 593 3
Introduced by Rep. Anthony R.T. Golez Jr. MD, MBAH
EXPLANATORY NOTE
As the Philippine economy continues to grow, the number of employees also
increase. The increase in the number of employees also equate to an increased number
of  labor  disputes.  In  2021,  it  was  reported  that  the  National  Labor  Relations
Commission  (NLRC)  disposed  32,433  cases.  8,171  out  of  the  32,433  cases  were
appealed and reached the Commission proper. These appealed cases were handled
by  twenty-three  (23)  NLRC  Commissioners.  It  is  apparent  that  the  NLRC  is
undermanned. As such, this representation seeks to amend the Labor Code and add
more NLRC Commissioners.
Adding  NLRC  Commissioners   will   definitely   make   the   disposition  of
aLppealed cases faster, this will greatly help both employees and employers. Faster
disposition of appealed cases in the NLRC will mean that aggrieved employees can
easily move on from their employment issues while employers can focus more on
their businesses.
Further,  the  proposed  law  aims  to  concretize  the  fonowing Constitutional
provision for the protection of employees, to wit:  "The S£¢fe a#rrms habor ¢s # pri.#z#ny
s_o_cia!ec.opopI_icforce._Itshallprotecttherighisofworkersandpromotetheirwelfare"¢Sechaln
18, Article 11, 1987 Constitution).
However, it should be pointed out that the proposed measure serves a two-
way purpose, as it also aims to allow employers to focus more on their businesses,
thin the faster disposition of labor disputes. This benefit for employers is also within
the mandate of the Constitution which acknowledges the importance of the business
seFtw, to wit. :`The Sfate recpgnizes the indispenschle role Of the private sector, encourages
private enterprise, and provides incentives to needed investments"  (Sechon 2JO, Artid;I:i,
1987 Constitution.
For the people of the Philippines, the passage of the proposed law is earnestly
being sought.
7qu
Hon. Anthony R.T. Golez Jr. MD, MBAII
Malasahit at Bayanihan Partytist


3qurffty-
qurf3apeeBedife
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSE BILL No. 5933
Introduced by Rep. Anthony R.T. Golez |r. MD, MBAH
AN ACT CREATING ONE ADDITIONAL DIVISION IN THE
NATIONAL IAB0R REIATI0NS COMMISSION, INCREASING THE
NUMBER 0F COMMISSIONERS FROM TWENTY-THREE (23) T0
TWENr[T.SIX t26,, AMENDING FOR THE PURPoSE PRESIDENTIAL
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
B_e it enacted by. .thf Senate  and the House  Of Representatives Of the  Philippines in
Congress assembled..
Section  1.  Short  Title.  This  Act  shall  be  known  as  ``The  Additional  NLRC
Commissioners Act of 2022."
Eecppn Z._41ne_nd_meat f or Additional NLRC Commissioners. Title +1, Chapter I,
Article  220  of  Presidential   Decree  No.   442,   as amended,  is hereby  further
amended to read aLs follows:
``Article   220.   National   Labor   Relations   Commissioii.   There   shall  be  aL
National  ljabor  Relations  Commission  which  shall  be attached  to  the
DepartmentofLaborand   Employment for        program   and   policy
coordination only, composed of a Chairman aLnd TWENTY-SIX (26)
Members.
NINE  (9)  members  shall  be chosen from among  the nominees  of
the     workers     and    employers     organizations,   respectively.   The
Chairman and  EIGHT (8) members shall come from the public sector,
with the latter to be chosen from among the recommendees  of the Secretary
of Labor and Employment.


Upon  assumption  into  office,  the members  nominated  by  the workers
and employers  organizations  shall divest themselves of any affiliationwith
or interest in the federation or association to which they belong.
The  Commission   may  sit  en  banc  or  in  NINE   (9)  divisions,    each
composed  of  three  (3)  members.  Subject  to  the penultimate sentence
of this paragraph, the Commission shall sit en banc only for purposes  of
promulgating rules   and    regulations   governing     the    hearing     and
disposition  of  cases  before  any  of  its divisions  and  regional  branches,
and formulating  policies  affecting its administration and  operations.  The
Commission   shall   exercise   its  adjudicatory   and   all  other   powers,
functions, and duties through its divisions.  Of  the  NINE  (9)  divisions,
the first.  second, third, fourth, fifth and sf xth divisions shall handle cases
coming from the National Capital Region and other parts of Luzon, and the
seventh, eighth,  AND  NINTH  divisions,  cases  from  the  Visayas  and
Mindanao, respectively: Provided, That the Commission sitting en banc may,
on temporary  or  emergency  basis,  allow  cases  within  thejurisdiction
of any  division  to  be heard  and  derided  by  any  other division whose
docket  allows  the additional workload  and such transfer will  not  expose
litigants    to   unnecessary    additional    expense.    The  divisions   of  the
Commission  shall  have  exclusive  appellate  jurisdiction  over  cases  within
then respective territorial jurisdiction.
The concurrence  of two  (2)  Commissioners  of a division shall be necessary
for the pronouncement  of judgment or resolution. Whenever the  required
membership   in  a   division  is   not  complete   and  theconcurrence  of
two (2) Commissioners  to arrive at a judgment or resolution cannot be
obtained,   the   Chairman   shall   designate   such number   of  additional
Commissioners  from the other  divisions  as may be necessary.
The conclusions  of a  division  on any case  submitted  to  it  for decision
shall be reached in consultation before the case is assigned  to a member for
the writing of the opinion. It shall be mandatory for the division to meet
for purposes  of the consultation  ordained therein.  A certification  to this
effect signed by the Presiding Commissioner of the division shall be issued,
and a copy thereof attached to the record of the case and served upon the
parties.
The  Chairman  shall  be  the  Presiding  Commissioner  of  the  first division,
and  the  EIGIIT  (8)   other  members  from  the public sector shall be the
Presiding commissioners of the second, third, fourth,  fifth,  sixth,  seventh,
eighth,   AND  NINTH   divisions, respectively.  In  case  of the effective


absence or incapacity of the chairman, the Presiding Commissioner of the
second division shall be the Acting Chairman.
The Chairman,  aided by the Executive clerk of the Commission, shall  have
exclusive administrative supervision  over  the Commission and its regional
branches  and all its personnel,  including the Labor Arbiters.
The  Commission,   when  sitting  en  banc,   shall  be  assisted  by  the  same
Executive Clerk,  and, when acting thru its Divisions,  by said Executive
Clerk for its first division and EIGI-IT (8)  other Deputy  Executive Clerks
for the second,  third, fourth,  fifth, sixth, seventh, eighth, AND NINTH
Divisions,  respectively,  in  the performance  of such similar  or equivalent
functions  and  duties as are discharged by the Clerk of Court and Deputy
Clerks of Court of the Court of Appeals.
The  Commission  and  its  NINE  (9)   divisions  shall  be  assisted  by  the
Commission  Attorneys  in its  appellate  and  adjudicatory functions  whose
term shall be coterminous with the Commissioners with whom they are
assigned.  The Commission Attorneys shall be members of the Philippine
Bar with  at least  one  (1)  year  experience  or exposure  in the field  of labor-
management  relations.  They  shall receive annual   salaries   and   shall   be
entitled to the same allowances  and benefits as those falling under Salary
Grade twenty-six  (SG 26). There shall be as many Commission  Attorneys  as
may   be  necessary   for   the  effective   and   efficient   operation   of   the
Commission but in no case more than five (5) assigned to the Office of
the Chairman and each Commissioner."
Section  3. More NLRC D..uI.st.o„s {.# Vc.s¢yfls ¢Jtd Mi."d¢#Ho.  Title  11,  Chapter  I.
Article 221 of Presidential Decree No. 442, as amended, is hereby further amended
to read as follows:
``Article  221.   Headquarters,  Branches  and  Provincial  Extension Units.
The  Commission   and  its  first,  second.   third,   fourth,   fifth  and sixth
divisions   shall  have  their  main  offices  in  Metropolitan   Manila,  and  the
seventh, eighth, AND NINTTI divisions in the cities of Cebu, Cagayan
de Oro, AND DAVAO, respectively.  The Commission shall establish as
many  regional  branches  as  there  are regional  offices of the Department  of
Labor   and  Employment.   sub-regional  branches   or  provincial   extension
units. There  shall be as many  Labor Arbiters  as may  be  necessary   for
the effective  and  efficient  operation  of the commission."
Section 4. I"Jfdi.#g.   The amounts necessary to carry out the provisions of this Act
shall  be included  in the General  Appropriations  Act of the year  following  its
enactment into law and thereafter.


Section 5. Re/grmJ a/£#..sf..ng Coscs. Upon the effectivity of this Act, all pending
cases, except those which have  been  submitted  for resolution,  shall be referred
to  the proper division of the National I.abor Relations Commission.
Section 6. Noi}-dt.7/it.f!iffi.or. a/R¢f!k. Nothing in this Act shall be construed to allow
the  transfer,  except  in  cases  of  temporary  assignment.  of any  member  of  the
National  Labor  Relations  Commission  to  any  place  or  station  without  such
member's written consent. or to undermine the security of tenure of its members,
or  alter the seniority  in the National Labor Relations Commission in accordance
with existing laws.
Section 7. SezJflrflz}..Jt.rty ChaiJsc. If any portion or provision of this Act is declared
unconstitutional,   the  remainder   of   this   Act   or   any   provision   thereof   not
affected thereby shall remain in full force and effect.
Section  8.    Rapc¢Z..#g    Chaitse.    -All    laws,    presidential  decrees,  letters    of
instruction,   executive   orders,   rules,   or   regulations,    or   any   part   thereof
inconsistent with  the  provisions  of  this  Act are  hereby  repealed  or  modified
accordingly.
Section  9.  £#ecfi.z„.fgr. This Act shall take effect after fifteen  (15)  days following
its publication in two (2) newspapers of general circulation.
ALpproved,