Republic of the philippines                 rf
House of Representatives (
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSEBILLNo.8661
DATE31  JUL   2023      Ft
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Introduced by Representative Margarita "Atty. Migs" 8. Nograles
EXPLANATORY NOTE
This bill seeks to provide for the remedy of filing a Petition for Certiorari
directly to the Supreme Court, without undergoing a similar process to the Court
of Appeals, to review the decisions of the National Labor Relations Commission
(NLRC), amending Presidential Decree No. 442, as amended, otherwise known
asthJha"LaborCodeOfthePhilippines."
The   1987   Constitution   of  the   Philippines   specifically  provides   "4//
persons  shall have the right  to  a  speedy  disposition Of their  cases  before  all
judicial, quasi-judicial, or administrative body. "    This prorvisjron contempriates
not   only   the   speedy   disposition   of   cases   within   a   particular   judicial,
quasi-judicial,  or  administrative  body but  a  speedy  disposition  of cases  in  its
entirety, from the filing of a case to the lower court or court of origin up to the
final review by the higher court.
Prior to the ruling of the Supreme Court in the case of sf. A4lczrfz.;7 Fct72e7`cr/
fzo7#es  v.  IV[RC,  dated  16  September  1998,  decisions  of the  NLRC  in  the
exercise  of its  appellate jurisdiction were  directly reviewable by the  Supreme
Court by a Petition for Certiorari.    The Supreme Court in said case came out
with  a ruling that "judicial  review over decisions  of the NLRC  shall  first be
lodged before the Court of Appeals."
It is apparent that the purpose of the Supreme Court in the said case was
to  de-clog  its  dockets.    However, this  is  a clear case  of "judicial  legislation"
since the Court itself acknowledged in the same case that:  "Jr! ¢#e,  Co7!gress


did  intend to provide for judicial  review  Of the  adiudication Of the NLRC  in
labor cases by the Supreme Court, but there was an inaccuracy in the term used
fior the irttended mode Of review. "
This will now clearly put into law the accurate "intended mode of review"
of NLRC decisions directly with the Supreme Court.
Significantly, with the reforms implemented by the Department of Labor
and  Employment  (DOLE),  on  Single-Entry  Approach  (SEnA)  and  Project
Speedy and Efficient Delivery of Labor Justice (SpedED), the majority of labor
cases are now finally settled and decided at the level of the Regional Arbitration
branches  and  Commission  Proper.    But  with  the  present  set-up  of three  (3)
stages or levels of appeal  or review of labor cases, the mandate of providing
speedy  labor justice will  still  be  negated particularly  for  lowly  workers  who
could  ill  afford  a  protracted,  costly,  and  frustrating  litigation  before  another
level  of appellate  body.    This  additional  layer  of appeal  affects  the  whole
work force in the country, including the overseas contract workers, agricultural
workers and domestic helpers.
Notably, from 2009-2013, of the total 63,000 or 12,600 cases decided per
year by the Commission Proper, only 5,844 or  1,168 cases are appealed to the
Court of Appeals.    Thus, only 9% of the decision of the Commission Proper
are appealed to the Court of Appeals.    Of the 1,168 cases appealed to the Court
of Appeals per year, an average number of 980 cases are also appealed to the
Supreme   Court.       Comparatively,   of   the    12,600   cases   decided   by   the
Commission Proper,11,432  cases or 91% attained finality in the Commission
level.    On the other hand, of the  1,168 cases decided by the Court of Appeals,
only  188 cases or  16% attained finality in the Court of Appeals level.     Hence,
the  remaining  980  or  84%  are  still  appealed  to  the  Supreme  Court  for  final
decision.    In  effect,  had  decisions  of the  Commission  Proper  been  directly
appealable  to  the  Supreme  Court  by  way  of Petition  for  Certiorari,  the  9%
appealed or reviewed decisions of the Commission Proper or 84% appealed or
reviewed  decisions  of the  Court  of Appeals  will  be  disposed  of in  a  much
shorter time by the Supreme Court with fmality.
Interestingly,   the   process   cycle   time   of  appeal   or   review   in   the
Commission Proper to the Court of Appeals and then to the Supreme Court is
quite longer because of the different modes of appeal or review with different
procedural requirements and periods.    The decision of the Commission Proper
is reviewable by a Petition for Certiorari to the Court of Appeals under Rule 65
of the Rules of Court, and the decision of the Court of Appeals is reviewable by
a Petition for Review on Certiorari to the Supreme Court under Rule 45 of the
Rules of court.    It must be noted that Rule 45 of the Rules of court is a special


civil  action  governed  by  different  procedural  rules  and  requirements.    The
procedural requirements and processes required by two (2) different modes of
appeal before the case attains finality defeat the very purpose of the Constitution
on speedy laborjustice.    This bill will lessen the level of appeal or review and
simplify the procedural requirements and processes.
In view of the foregoing, the early passage of this bill is hereby earnestly
sought.
3


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HOUSEBILLNo.8661
Introduced by Representative Margarita "Atty. Migs" 8. Nograles
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ANACT
PROVIDING  FOR  THH  REMEDY  0F  FILING  A  PETITION  FOR
CERTIORARI   T0   THE   SUPREME   COURT   T0   REVIHW   THE
DECISIONS 0F THE NATIONAL LABOR RELATIONS COMMISSION,
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442,
oTHERwlsE    KNowN    As    THE     "£4BOR    CODE    oF    I:HE
pHILlpplNES," A;S, Arvl:HINDHD
Be it enacted by the Senate and the House Of Representatives Of the Philippines in
Congress assembled:
SECTION  1. Article 229 of presidential Decree No. 442, as amended, is
hereby further amended to read as follows:
"Art.  229  Appeal.  -  Decisions,  RESOLUTIONS,  awards,  or
orders of the Labor Arbiter are final and executory unless appealed to
the Commission by any or both paties within ten (10) calendar days
from receipt of such decisions, RHSOLUTI0NS, awards or orders.


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Such  appeal  may  be  entertained  only  on  any  of  the  following
grounds:
"(a)  If there  is prz.77€cz /czcz.e  evidence  of abuse  of discretion  on
the part of the Labor Arbiter;
"(b)  If  the  decision,  RESOLUTION,  order  or  award  was
secured through fraud or coercion, including graft and cormption;
"(c) If made purely on question of laws; 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 judgement 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   0R   Commission   in  the   anount
equivalent to the monetary award in the judgement 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  employers
shall not stay the execution for reinstatement provided herein.


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"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 ( 1 0) 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.
"Any   law   enforcement   agency   may   be   deputized   by   the
Secretary  of  Labor  and  Employment  of the  Commission  in  the
enforcement of decisions, RESOLUTIONS, awards, or orders."
SEC.  2.  A new  article  denominated  as  Article  229-A  is  inserted  after
16      Article 229 of presidential Decree No. 442, as amended, to read as follows:
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"ARTICLE   229-A.   PETITION   FOR   CERTI0RARI.   -
DECISIONS,  RESOLUTIONS,  ORDERS,  OR  AWARDS  0F
THE  COMMISSION  SHALL  BE  REVIEWABLE  ONLY  BY
THE SUPREME COURT ON PETITION FOR CERTIORARI
UNDER THE RULES 0F COURT SOLELY 0N QUESTIONS
0F LAW 0R JURISDICTION."


1                  SEC. 3.    All other laws, decrees, orders, rules and regulations, and other
2        issuances or part thereof which are consistent with the provisions of this Act
3        are hereby repealed or modified accordingly.
4                 SEC. 4.     This Act shall take effect fifteen (15) days after its publication
5        in the o#cz.cz/ Gczzeffe or in a newspaper of general circulation.
6                Approved ,