Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

4614

HOUSE BILL NO.

Introduced by

OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill seeks to strengthen protection and to promote the
welfare of labor pursuant to the relevant provisions of the 1987
Constitution of the Republic of the Philippines, to wit:

1. Section 18, Article II - “The State affirms labor as a
primary social economic force, It shall protect the rights of
workers and promote their welfare.”

. Section 16, Article III - “All persons shall have the right to
a speedy disposition of their cases before all judicial, quasi-

N

judicial, or administrative bodies.”
. Section 5 (1), Article VIII - “The Supreme Court shall have
the following powers -
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition,

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mandamus, quo warranto, and habeas corpus.”
4. Section 3, Article XIII - “The State shall afford full
protection to labor, local and overseas, organized and


unorganized, and promote full employment and equality of
employment opportunities for all.”

Article 3 (Declaration of basic policy) of Presidential Decree
No, 442, as amended, otherwise known as the Labor Code of the
Philippines, states that:

“The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of
sex, race or creed, and regulate the relation between worker
and employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and
just humane conditions of work.”

Also, Section 9 (3) of Republic Act No. 7902, which took effect
on 18 March 1995, provides that:

“SEC. 9. Jurisdiction, - The Court of Appeals shall exercise:

(3) Exclusive appellate jurisdiction over all final

judgments, decisions, resolutions, orders or awards of

Regional Trial Courts and quasi-judicial agencies,

instrumentalities, boards or commissions, including the

Securities and Exchange Commission, the Social

Security Commission, the Employees Compensation

Commission and the Civil Service Commission, except

those falling within the appellate jurisdiction of the

Supreme Court in accordance with the Constitution, the

Labor Code of the Philippines under Presidential Decree

No, 442, as amended, the provisions of this Act, and of

subparagraph (1) of the third paragraph and

subparagraph (4) of the fourth paragraph of Section 17

of the Judiciary Act of 1948.”

In conformity with the foregoing considerations, there is
urgency and every reason to amend Article 223 of Presidential
Decree No. 442, as amended, otherwise known as the Labor Code
of the Philippines, so as to implement the clear and unambiguous


intent of paragraph (3), Section 9 of Republic Act No. 7902 which
took effect on 18 March 1995, as quoted above.

The enactment into law of this proposed bill will greatly speed
up the disposition of labor disputes by eliminating one layer in the
adjudication of such disputes.

Therefore, immediate and prefe

tial approval of this bill is

EAL SENERES

urgently requested.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

4614

HOUSE BILL NO.

Introduced by 7
OFW Family Party-List Representative ROY V. SENERES

AN ACT

PRESCRIBING THE ONLY MODE OF JUDICIAL REVIEW FROM
THE DECISIONS, RESOLUTIONS, ORDERS, OR AWARDS OF
THE NATIONAL LABOR RELATIONS COMMISSION BEFORE
THE SUPREME COURT OF THE PHILIPPINES THROUGH A
PETITION FOR CERTIORARI UNDER RULE 65 OF THE RULES
OF COURT, AMENDING FOR THE PURPOSE ARTICLE 223 OF
P.D. NO. 442, AS AMENDED, 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. Article 223 of P.D. No. 442, as amended,
otherwise known as the Labor Code of the Philippines, is hereby
further amended to read as follows:

“art. 223. Appeal AND PETITION FOR CERTIORARI. -

Decisions, RESOLUTIONS, 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, RESOLUTIONS, awards,


or orders. Such appeal may be entertained only on any of the

following grounds:

(a) If there is prima facie evidence of abuse of
discretion on the part of the Labor Arbiters;

(b) If the decision, RESOLUTION, order or award was
secured through fraud or coercion, including graft and
corruption;

(c) If made purely on question of law; and

(d) If serious errors in the findings of facts are raised
which would cause grave or irreparable damage or injury to
the appellant.

In case of a judgment involving a monetary award, an
appeal by the employer may be perfected only upon the
posting of a cash or surety bond issued by a reputable
bonding company duly accredited by the SUPREME COURT OR
Commission in the amount equivalent to the monetary award
in the judgment appealed from.

In any event, the decision OR RESOLUTION 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 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 posting of a bond by


the employer shall not stay the execution for 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 from receipt of the answer of the appellee, The
decision OR RESOLUTION of the Commission shall be final and
executory after ten (10) calendar days from receipt thereof by the
parties, UNLESS A TIMELY PETITION FOR CERTIORARI SHALL HAVE
BEEN FILED BY THE AGGRIEVED PARTY BEFORE THE SUPREME
COURT UNDER RULE 65 OF THE RULES OF COURT ON QUESTION
OF LAW OR JURISDICTION PURSUANT TO ITS MANDATED POWERS
UNDER PARAGRAPH (1), SECTION 5, ARTICLE VIII, OF THE 1987
CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.

Any law enforcement agency may be deputized by the
Secretary of Labor and Employment or BY the Commission in the
enforcement of decisions, RESOLUTIONS, awards, or orders.”

SEC. 2. Repealing Clause. - Presidential Decree No. 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 are inconsistent
herewith are hereby deemed repealed or modified accordingly.

SEC. 3. 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. 4. Effectivity. - 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 first.

Approved,