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THE 2011 NLRC RULES OF PROCEDURE

Pursuant to the provisions of Article 218 of Presidential Decree No. 442, as amended, otherwise known as the La or !ode of the Philippines, the followin" #evised #ules of Procedure "overnin" ar itration proceedin"s efore the La or Ar iters and the !ommission are here $ adopted and promul"ated% RULE I TITLE AND CONSTRUCTION SECTION 1. TITLE OF THE RULES. & 'hese #ules shall Procedure. (1a) e known as the 2011 NLRC Rules of

SECTION 2. CONSTRUCTION. & 'hese #ules shall e li erall$ construed to carr$ out the o *ectives of the !onstitution, the La or !ode of the Philippines and other relevant le"islations, and to assist the parties in o tainin" *ust, e+peditious and ine+pensive resolution and settlement of la or disputes. SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF COURT. & ,n the a sence of an$ applica le provision in these #ules, and in order to effectuate the o *ectives of the La or !ode, the pertinent provisions of the #ules of !ourt of the Philippines ma$, in the interest of e+peditious dispensation of la or *ustice and whenever practica le and convenient, e applied $ analo"$ or in a suppletor$ character and effect. RULE II DEFINITION OF TERMS SECTION 1. DEFINITIONS. & 'he terms and phrases defined in Article 212 of the La or !ode, as amended, shall e "iven the same meanin"s when used herein. As used herein, -#e"ional Ar itration .ranch- shall mean an$ of the re"ional ar itration ranches or su & re"ional ranches of the !ommission. RULE III PLEADINGS, NOTICES AND APPEARANCES SECTION 1. COMPLAINT. & a) A complaint or petition is a pleadin" alle"in" the cause or causes of action of the complainant or petitioner. 'he names and addresses of all complainants or petitioners and respondents must e stated in the complaint or petition. ,t shall e si"ned under oath $ the complainant or petitioner, with a declaration of non& forum shoppin". ) A part$ havin" more than one cause of action a"ainst the other part$, arisin" out of the same relationship, shall include all of them in one complaint or petition. (1a) SECTION 2. CAPTION AND TITLE. & ,n all cases filed with the !ommission or with an$ of its #e"ional Ar itration .ranches, the part$ initiatin" the action shall e called the -!omplainant- or -Petitioner-, and the opposin" part$ the -#espondent-. 'he full names of all the real parties in interest, whether natural or *uridical persons or entities authori/ed $ law, shall e stated in the caption of the complaint or petition, as well as in the decisions, resolutions or orders of the La or Ar iter or the !ommission.

SECTION 3. FILING AND SERVICE OF PLEADINGS. & All pleadin"s in connection with a case shall e filed with the appropriate docketin" unit of the #e"ional Ar itration .ranch or the !ommission, as the case ma$ e. 'he part$ filin" a pleadin" shall serve the opposin" parties with a cop$ and its supportin" documents. No pleadin" shall e considered without proof of service to the opposin" parties e+cept if filed simultaneousl$ durin" a schedule set efore the La or Ar iter. (0a) SECTION 4. SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. & a) Notices and copies of resolutions or orders, shall e served personall$ upon the parties $ the ailiff or dul$ authori/ed pu lic officer within three (1) da$s from his2her receipt thereof or $ re"istered mail or $ private courier3 ) ,n case of decisions and final awards, copies thereof shall e served on oth parties and their counsel or representative $ re"istered mail or $ private courier3 Provided that, in cases where a part$ to a case or his2her counsel on record personall$ seeks service of the decision upon in4uir$ thereon, service to said part$ shall e deemed effected as herein provided. 5here parties are numerous, service shall e made on counsel and upon such num er of complainants, as ma$ e practica le and shall e considered su stantial compliance with Article 224 (a) of the La or !ode, as amended. 6or purposes of appeal, the period shall the counsel or representative of record. e counted from receipt of such decisions, resolutions, or orders $

c) 'he ailiff or officer servin" the notice, order, or resolution shall su mit his2her return within two (2) da$s from date of service thereof, statin" le"i l$ in his2her return his2her name, the names of the persons served and the date of receipt, which return shall e immediatel$ attached and shall form part of the records of the case. ,n case of service $ re"istered mail or $ private courier, the name of the addressee and the date of receipt of the notice, order or resolution shall e written in the return card or in the proof of service issued $ the private courier. ,f no service was effected, the reason thereof shall e so stated. (7a) SECTION 5. PROOF AND COMPLETENESS OF SERVICE. & 'he return is prima facie proof of the facts indicated therein. 8ervice $ re"istered mail or $ private courier is complete upon receipt $ the addressee or his2her a"ent. ,f the addressee fails to claim his2her mail from the post office within five (0) da$s from the date of first notice of the postmaster, service shall take effect after such time. (9a) SECTION 6. APPEARANCES. & a) A law$er appearin" for a part$ is presumed to e properl$ authori/ed for that purpose. ,n ever$ case, he2she shall indicate in his2her pleadin"s and motions his2her Attorne$:s #oll Num er, as well as his2her P'# and ,.P num ers for the current $ear and ;!L< compliance. ) A non& law$er ma$ appear in an$ of the proceedin"s the followin" conditions% efore the La or Ar iter or !ommission onl$ under

(1) he2she represents himself2herself as part$ to the case3 (2) he2she represents a le"itimate la or or"ani/ation, as defined under Article 212 and 242 of the La or !ode, as amended, which is a part$ to the case% Provided, that he2she presents to the !ommission or La or Ar iter durin" the mandator$ conference or initial hearin"% (i) a certification from the .ureau of La or #elations (.L#) or #e"ional =ffice of the Department of La or and <mplo$ment attestin" that the or"ani/ation he2she represents is dul$ re"istered and listed in the roster of le"itimate la or or"ani/ations3 (ii) a verified certification issued $ the secretar$ and attested to $ the president of the said or"ani/ation statin" that he2she is authori/ed to represent the said or"ani/ation in the said case3 and (iii) a cop$ of the resolution of the oard of directors of the said or"ani/ation "rantin" him such authorit$3

(1)he2she represents a mem er or mem ers of a le"itimate la or or"ani/ation that is e+istin" within the emplo$er:s esta lishment, who are parties to the case% Provided, that he2she presents% (i) a verified certification attestin" that he2she is authori/ed $ such mem er or mem ers to represent them in the case3 and (ii) a verified certification issued $ the secretar$ and attested to $ the president of the said or"ani/ation statin" that the person or persons he2she is representin" are mem ers of their or"ani/ation which is e+istin" in the emplo$er:s esta lishment3 (4) he2she is a dul$& accredited mem er of an$ le"al aid office reco"ni/ed $ the Department of >ustice or ,nte"rated .ar of the Philippines% Provided, that he2she (i) presents proof of his2her accreditation3 and (ii) represents a part$ to the case3 (0) he2she is the owner or president of a corporation or esta lishment which is a part$ to the case% Provided, that he2she presents% (i) a verified certification attestin" that he2she is authori/ed to represent said corporation or esta lishment3 and (ii) a cop$ of the resolution of the oard of directors of said corporation, or other similar resolution or instrument issued $ said esta lishment, "rantin" him2her such authorit$. c) Appearances of a non& law$er in contravention of this section shall not efore the La or Ar iter or the !ommission. e reco"ni/ed in an$ proceedin"s

d) Appearances ma$ e made orall$ or in writin". ,n oth cases, the complete name and office address of counsel or authori/ed representative shall e made of record and the adverse part$ or his counsel or authori/ed representative properl$ notified. e) ,n case of chan"e of address, the counsel or representative shall file a notice of such chan"e, cop$ furnished the adverse part$ and counsel or representative, if an$. f) An$ chan"e or withdrawal of counsel or authori/ed representative shall #ules of !ourt. (8a) e made in accordance with the

SECTION 7. AUTHORITY TO BIND PARTY. & !ounsel or other authori/ed representatives of parties shall have authorit$ to ind their clients in all matters of procedure3 ut the$ cannot, without a special power of attorne$ or e+press consent, enter into a compromise a"reement with the opposin" part$ in full or partial dischar"e of a client?s claim. (@a) RULE IV VENUE, ASSIGNMENT AND DISPOSITION OF CASES AT THE REGIONAL ARBITRATION BRANCH SECTION 1. VENUE. & a) All cases which La or Ar iters have authorit$ to hear and decide ma$ e filed in the #e"ional Ar itration .ranch havin" *urisdiction over the workplace of the complainant or petitioner. 6or purposes of venue, the workplace shall e understood as the place or localit$ where the emplo$ee is re"ularl$ assi"ned at the time the cause of action arose. ,t shall include the place where the emplo$ee is supposed to report ack after a temporar$ detail, assi"nment, or travel. ,n case of field emplo$ees, as well as am ulant or itinerant workers, their workplace is where the$ are re"ularl$ assi"ned, or where the$ are supposed to re"ularl$ receive their salaries and wa"es or work instructions from, and report the results of their assi"nment to, their emplo$ers. ) 5here two (2) or more #e"ional Ar itration .ranches have *urisdiction over the workplace of the complainant or petitioner, the .ranch that first ac4uired *urisdiction over the case shall e+clude the others. c) 5hen venue is not o *ected to efore the fillin" of position papers such issue shall e deemed waived.

d) 'he venue of an action ma$ e chan"ed or transferred to a different #e"ional Ar itration .ranch other than where the complaint was filed $ written a"reement of the parties or when the !ommission or La or Ar iter efore whom the case is pendin" so orders, upon motion $ the proper part$ in meritorious cases. e) !ases involvin" overseas 6ilipino workers ma$ e filed efore the #e"ional Ar itration .ranch havin" *urisdiction over the place where the complainant resides or where the principal office of an$ of the respondents is situated, at the option of the complainant. SECTION 2. RAFFLE AND ASSIGNMENT OF CASES. & a) All complaints and petitions filed with the docket unit of the #e"ional Ar itration .ranch shall e immediatel$ raffled and assi"ned to a La or Ar iter from receipt thereof. ) 'he <+ecutive La or Ar iter shall e responsi le for the immediate raffle and assi"nment of all complaints and petitions filed with his2her #e"ional Ar itration .ranch, and the immediate forwardin" of all su se4uent pleadin"s and motions. c) All pleadin"s and motions su se4uent to the filin" of the complaint shall e forwarded to the La or Ar iter efore whom the case is pendin" within twent$& four (24) hours from receipt thereof. SECTION 3. CONSOLIDATION OF CASES AND COMPLAINTS. & 5here there are two or more cases or complaints pendin" efore different La or Ar iters in the same #e"ional Ar itration .ranch involvin" the same emplo$er and common principal causes of action, or the same parties with different causes of action, the su se4uent cases or complaints shall e consolidated with the first to avoid unnecessar$ costs or dela$. 8uch consolidated cases or complaints shall e disposed of $ the La or Ar iter to whom the first case was assi"ned. ,n case of o *ection to the consolidation, the same shall e resolved $ the <+ecutive La or Ar iter. An order resolvin" a motion or o *ection to consolidation shall e inappeala le. SECTION 4. DISPOSITION OF CASES. & 8u *ect to the provisions of Article 271 (") of the La or !ode, as amended, when a case is assi"ned to a La or Ar iter, the entire case and an$ or all incidents thereto shall e considered assi"ned to him2her3 and the same shall e disposed of in the same proceedin"s to avoid multiplicit$ of suits or proceedin"s. 5hen the 8ecretar$ of La or and <mplo$ment has assumed *urisdiction over a strike or lockout or certified the same to the !ommission, the parties to such dispute shall immediatel$ inform the 8ecretar$ or the !ommission, as the case ma$ e, of all cases directl$ related to the dispute etween them pendin" efore an$ #e"ional Ar itration .ranch, and the La or Ar iters handlin" the same of such assumption or certification. 'he La or Ar iter concerned shall forward within two (2) da$s from notice the entire records of the case to the !ommission or to the 8ecretar$ of La or, as the case ma$ e, for proper disposition. RULE V PROCEEDINGS BEFORE LABOR ARBITERS SECTION 1. JURISDICTION OF LABOR ARBITERS. & La or Ar iters shall have ori"inal and e+clusive *urisdiction to hear and decide the followin" cases involvin" all workers, whether a"ricultural or non& a"ricultural% a) Anfair la or practice cases3 ) 'ermination disputes3

c) ,f accompanied with a claim for reinstatement, those cases that workers ma$ file involvin" wa"es, rates of pa$, hours of work and other terms and conditions of emplo$ment3 d) !laims for actual, moral, e+emplar$ and other forms of dama"es arisin" from emplo$er& emplo$ee relations3 e) !ases arisin" from an$ violation of Article 274 of the La or !ode, as amended, includin" 4uestions involvin" the le"alit$ of strikes and lockouts3 f)<+cept claims for emplo$ees compensation not included in the ne+t succeedin" para"raph, social securit$, medicare, and maternit$ enefits, all other claims arisin" from emplo$er& emplo$ee relations, includin" those of persons in domestic or household service, involvin" an amount e+ceedin" 6ive 'housand Pesos (P0,BBB.BB), whether or not accompanied with a claim for reinstatement3 ") 5a"e distortion disputes in unor"ani/ed esta lishments not voluntaril$ settled #epu lic Act No. 79293 h) <nforcement of compromise a"reements when there is non& compliance Article 229 of the La or !ode, as amended3 $ the parties pursuant to

$ an$ of the parties pursuant to

i) ;one$ claims arisin" out of emplo$er& emplo$ee relationship or $ virtue of an$ law or contract, involvin" 6ilipino workers for overseas deplo$ment, includin" claims for actual, moral, e+emplar$ and other forms of dama"es as provided $ 8ection 1B of #A 8B42, as amended $ #A 1BB223 and *) =ther cases as ma$ e provided $ law. !ases arisin" from the interpretation or implementation of collective ar"ainin" a"reements and those arisin" from the interpretation or enforcement of compan$ personnel policies shall e disposed of $ the La or Ar iter $ referrin" the same to the "rievance machiner$ and voluntar$ ar itration, as ma$ e provided in said a"reements. (1a) SECTION 2. NATURE OF PROCEEDINGS. & 'he proceedin"s efore the La or Ar iter shall e non& liti"ious in nature. 8u *ect to the re4uirements of due process, the technicalities of law and procedure and the rules o tainin" in the courts of law shall not strictl$ appl$ thereto. 'he La or Ar iter ma$ avail himself2herself of all reasona le means to ascertain the facts of the controvers$ speedil$, includin" ocular inspection and e+amination of well& informed persons. SECTION 3. ISSUANCE OF SUMMONS. & 5ithin two (2) da$s from receipt of a complaint or amended complaint, the La or Ar iter shall issue the re4uired summons, attachin" thereto a cop$ of the complaint or amended complaint and its anne+es, if an$. 'he summons shall specif$ the date, time and place of the mandator$ conciliation and mediation conference in two (2) settin"s. (1a, #,,,) SECTION 4. SERVICE OF SUMMONS. C 8ummons shall e served personall$ upon the parties $ the ailiff or a dul$ authori/ed pu lic officer within three (1) da$s from his2her receipt thereof, or $ re"istered mail, or $ private courier authori/ed $ the !ommission3 Provided that in special circumstances, service of summons ma$ e effected in accordance with the pertinent provisions of the #ules of !ourt. 'he ailiff or officer servin" the summons shall su mit his2her return within two (2) da$s from date of service thereof, statin" le"i l$ in his2her return his2her name, the names of the persons served and the date of receipt, which return shall e immediatel$ attached to the records and shall e part thereof. ,f no service was effected, the reason thereof shall e stated in the return.

,n case of service $ re"istered mail or $ private courier, the names of the addressees and the dates of receipt of the summons shall e written in the return card or in the proof of service issued $ the private courier. ,f no service was effected, the reason thereof shall e so stated. (n) SECTION 5. PROHIBITED PLEADINGS AND MOTIONS. & 'he followin" pleadin"s and motions shall not e allowed and acted upon nor elevated to the !ommission% a) ;otion to dismiss the complaint e+cept on the "round of lack of *urisdiction over the su *ect matter, improper venue, res *udicata, prescription and forum shoppin"3 ) ;otion for a ill of particulars3 c) ;otion for new trial3 d) Petition for #elief from >ud"ment e) ;otion to declare respondent in default3 f) ;otion for reconsideration of an$ decision or an$ order of the La or Ar iter3 ") Appeal from an$ interlocutor$ order of the La or Ar iter, such as ut not limited to, an order% (1) den$in" a motion to dismiss3 (2) den$in" a motion to inhi it3 (1) den$in" a motion for issuance of writ of e+ecution3 or (4) den$in" a motion to 4uash writ of e+ecution. h) Appeal from the issuance of a certificate of finalit$ of decision $ the La or Ar iter3 i) Appeal from orders issued $ the La or Ar iter in the course of e+ecution proceedin"s. *) 8uch other pleadin"s, motions and petitions of similar nature intended to circumvent a ove provisions. (0a, #,,,) SECTION 6. MOTION TO DISMISS. & .efore the date set for the mandator$ conciliation and mediation conference, the respondent ma$ file a motion to dismiss on "rounds provided under 8ection 0, para"raph (a) hereof. 8uch motion shall e immediatel$ resolved $ the La or Ar iter throu"h a written order. An order den$in" the motion to dismiss, or suspendin" its resolution until the final determination of the case, is not appeala le. (7a) SECTION 7. EFFECT OF FAILURE TO FILE. & No motion to dismiss shall the lapse of the period provided in 8ection 7 hereof. (n) SECTION e allowed or entertained after

. MANDATORY CONCILIATION AND MEDIATION CONFERENCE. C

a) 'he mandator$ conciliation and mediation conference shall e called for the purpose of (1) amica l$ settlin" the case upon a fair compromise3 (2) determinin" the real parties in interest3 (1) determinin" the necessit$ of amendin" the complaint and includin" all causes of action3 (4) definin" and simplif$in" the issues in the case3 (0) enterin" into admissions or stipulations of facts3 and (7) threshin" out all other

preliminar$ matters. 'he La or Ar iter shall personall$ preside over and take full control of the proceedin"s and ma$ e assisted $ the La or Ar itration Associate in the conduct thereof. ) !onciliation and mediation efforts shall e e+erted $ the La or Ar iters all throu"hout the mandator$ conferences. An$ a"reement entered into $ the parties whether in partial or full settlement of the dispute shall e reduced into writin" and si"ned $ the parties and their counsel or the parties: authori/ed representatives, if an$. c) ,n an$ case, the compromise a"reement shall e approved $ the La or Ar iter, if after e+plainin" to the parties, particularl$ to the complainants, the terms, conditions and conse4uences thereof, he2she is satisfied that the$ understand the a"reement, that the same was entered into freel$ and voluntaril$ $ them, and that it is not contrar$ to law, morals, and pu lic polic$. d) A compromise a"reement dul$ entered into in accordance with this 8ection shall e final and upon the parties and shall have the force and effect of a *ud"ment rendered $ the La or Ar iter. e) 'he mandator$ conciliation and mediation conference shall, e+cept for *ustifia le "rounds, within thirt$ (1B) calendar da$s from the date of the first conference. indin"

e terminated

f) No motion for postponement shall e entertained e+cept on meritorious "rounds and when filed at least three (1) da$s efore the scheduled hearin". (1a) SECTION !. EFFECT OF FAILURE OF SETTLEMENT. C ,f the parties fail to a"ree on an amica le settlement, either in whole or in part, durin" the mandator$ conciliation and mediation conference, the La or Ar iter shall proceed to the other purposes of the said conference as enumerated in 8ection 8(a) hereof. (4a) SECTION 1". NON# APPEARANCE OF PARTIES. & 'he non& appearance of the complainant or petitioner durin" the two (2) settin"s for mandator$ conciliation and mediation conference scheduled in the summons, despite due notice thereof, shall e a "round for the dismissal of the case without pre*udice. ,n case of non& appearance $ the respondent durin" the first scheduled conference, the second conference as scheduled in the summons shall proceed. ,f the respondent still fails to appear at the second conference despite ein" dul$ served with summons, he2she shall e considered to have waived his2her ri"ht to file position paper. 'he La or Ar iter shall immediatel$ terminate the mandator$ conciliation and mediation conference and direct the complainant or petitioner to file a verified position paper and su mit evidence in support of his2her causes of action and thereupon render his2her decision on the asis of the evidence on record. (0a) SECTION 11. SUBMISSION OF POSITION PAPER AND REPLY. & a) 8u *ect to 8ections @ and 1B of this #ule, the La or Ar iter shall direct the parties to su mit simultaneousl$ their verified position papers with supportin" documents and affidavits, if an$, on a date set $ him2her within ten (1B) calendar da$s from the date of termination of the mandator$ conciliation and mediation conference. ) No amendment of the complaint or petition shall e allowed after the filin" of position papers, unless with leave of the La or Ar iter. c) 'he position papers of the parties shall cover onl$ those claims and causes of action stated in the complaint or amended complaint, accompanied $ all supportin" documents, includin" the affidavits of witnesses, which shall take the place of their direct testimon$, e+cludin" those that ma$ have een amica l$ settled. d) 5ithin ten (1B) da$s from receipt of the position paper of the adverse part$, a repl$ ma$ e filed on a date a"reed upon and durin" a schedule set efore the La or Ar iter. 'he repl$ shall not alle"e and2or prove

facts and an$ cause or causes of action not referred to or included in the ori"inal or amended complaint or petition or raised in the position paper. (9a) SECTION 12. DETERMINATION OF NECESSITY OF HEARING OR CLARIFICATORY CONFERENCE. & ,mmediatel$ after the su mission $ the parties of their position paper or repl$, as the case ma$ e, the La or Ar iter shall, motu proprio, determine whether there is a need for a hearin" or clarificator$ conference. At this sta"e, he2she ma$, at his2her discretion and for the purpose of makin" such determination, ask clarificator$ 4uestions to further elicit facts or information, includin" ut not limited to the su poena of relevant documentar$ evidence, if an$, from an$ part$ or witness. (8a) SECTION 13. ROLE OF THE LABOR ARBITER IN HEARING AND CLARIFICATORY CONFERENCE. & a) 'he La or Ar iter shall take full control and personall$ conduct the hearin" or clarificator$ conference and ma$ ask 4uestions for the purpose of clarif$in" points of law or facts involved in the case. 'he La or Ar iter ma$ allow the presentation of testimonial evidence with ri"ht of cross& e+amination $ the opposin" part$ and shall limit the presentation of evidence to matters relevant to the issue efore him2her and necessar$ for a *ust and speed$ disposition of the case. ) 'he La or Ar iter shall make a written summar$ of the proceedin"s, includin" the su stance of the evidence presented, in consultation with the parties. 'he written summar$ shall e si"ned $ the parties and shall form part of the records. (@a) SECTION 14. NON# APPEARANCE OF PARTIES, AND POSTPONEMENT OF HEARINGS AND CLARIFICATORY CONFERENCES. a) 'he parties and their counsels appearin" efore the La or Ar iter shall e prepared for continuous hearin" or clarificator$ conference. No postponement or continuance shall e allowed $ the La or Ar iter, e+cept upon meritorious "rounds and su *ect to the re4uirement of e+peditious disposition of cases. 'he hearin" or clarificator$ conference shall e terminated within thirt$ (1B) calendar da$s from the date of the initial clarificator$ conference. ) ,n case of non& appearance of an$ of the parties durin" the hearin" or clarificator$ conference despite due notice, proceedin"s shall e conducted e+& parte. 'hereafter, the case shall e deemed su mitted for decision. c) Para"raph (a) of this 8ection notwithstandin", in cases involvin" overseas 6ilipino workers, the a""re"ate period for conductin" the mandator$ conciliation and mediation conference, includin" hearin" on the merits or clarificator$ conference, shall not e+ceed si+t$ (7B) da$s, which shall e reckoned from the date of ac4uisition of *urisdiction $ the La or Ar iter over the person of the respondents. (1Ba) SECTION 15. SUBMISSION OF THE CASE FOR DECISION. & Apon the su mission $ the parties of their position papers or replies, or the lapse of the period to su mit the same, the case shall e deemed su mitted for decision unless the La or Ar iter calls for a hearin" or clarificator$ conference in accordance with 8ection 12 and 14(a) of this #ule, in which case, notice of hearin" or clarificator$ conference shall e immediatel$ sent to the parties. Apon termination of the said hearin" or conference, the case is deemed su mitted for decision. (11a) SECTION 16. INHIBITION. & A La or Ar iter ma$ voluntaril$ inhi it himself2herself from the resolution of a case and shall so state in writin" the le"al *ustifications therefor. Apon motion of a part$, either on the "round of relationship within the fourth civil de"ree of consan"uinit$ or affinit$ with the adverse part$ or counsel, or on 4uestion of partialit$ or other *ustifia le "rounds, the La or Ar iter ma$ inhi it himself2herself from further hearin" and decidin" the case. 8uch motion shall e resolved within five (0) da$s from the filin" thereof. An order den$in" or "rantin" a motion for inhi ition is inappeala le. (12a)

SECTION 17. PERIOD TO DECIDE CASE. & 'he La or Ar iter shall render his2her decision within thirt$ (1B) calendar da$s, without e+tension, after the su mission of the case $ the parties for decision, even in the a sence of steno"raphic notes3 Provided however, that cases involvin" overseas 6ilipino workers shall e decided within ninet$ (@B) calendar da$s after the filin" of the complaint. (11a) SECTION 1 . CONTENTS OF DECISIONS. & 'he decisions and orders of the La or Ar iter shall e clear and concise and shall include a rief statement of the% a) facts of the case3 ) issues involved3 c) applica le laws or rules3 d) conclusions and the reasons therefor3 and e) specific remed$ or relief "ranted. ,n cases involvin" monetar$ awards, the decisions or orders of the La or Ar iter shall contain the amount awarded. ,n case the decision of the La or Ar iter includes an order of reinstatement, it shall likewise contain% a) a statement that the reinstatement aspect is immediatel$ e+ecutor$3 and ) a directive for the emplo$er to su mit a report of compliance within ten (1B) calendar da$s from receipt of the said decision. (14a) SECTION 1!. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. (a) 6inalit$ of the Decision or =rder of the La the time provided under Article 221 of the La the decision or order of the La or Ar iter shall receipt thereof $ the counsel or authori/ed representative. or Ar iter. & ,f no appeal is filed with the !ommission within or !ode, as amended, and 8ection 1, #ule D, of these #ules, ecome final and e+ecutor$ after ten (1B) calendar da$s from representative or the parties if not assisted $ counsel or

( ) !ertificate of 6inalit$. & Apon e+piration of the period provided in para"raph (a) of this 8ection, the La or Ar iter shall issue a certificate of finalit$. ,n the a sence of return cards, certifications from the post office or courier or other proofs of service to the parties, the La or Ar iter ma$ issue a certificate of finalit$ after si+t$ (7B) calendar da$s from date of mailin". (n) SECTION 2". REVIVAL AND RE# OPENING OR RE# FILING OF DISMISSED CASE $%& LIFTING OF 'AIVER. & A part$ ma$ file a motion to revive or re& open a case dismissed without pre*udice, within ten (1B) calendar da$s from receipt of notice of the order dismissin" the same3 otherwise, the onl$ remed$ shall e to re& file the case. A part$ declared to have waived his2her ri"ht to file position paper ma$, at an$ time after notice thereof and efore the case is su mitted for decision, file a motion under oath to set aside the order of waiver upon proper showin" that his2her failure to appear was due to *ustifia le and meritorious "rounds. (17a) RULE VI APPEALS SECTION 1. PERIODS OF APPEAL. & Decisions, awards, or orders of the La or Ar iter shall e final and e+ecutor$ unless appealed to the !ommission $ an$ or oth parties within ten (1B) calendar da$s from receipt thereof3 and in case of decisions or resolutions of the #e"ional Director of the Department of La or and <mplo$ment pursuant to Article 12@ of the La or !ode, within five (0) calendar da$s from receipt thereof. ,f the 1Bth or 0th da$, as the case ma$ e, falls on a 8aturda$, 8unda$ or holida$, the last da$ to perfect the appeal shall e the first workin" da$ followin" such 8aturda$, 8unda$ or holida$. No motion or re4uest for e+tension of the period within which to perfect an appeal shall e allowed. (1a) SECTION 2. GROUNDS. & 'he appeal ma$ e entertained onl$ on an$ of the followin" "rounds%

a) ,f there is prima facie evidence of a use of discretion on the part of the La or Ar iter or #e"ional Director3 ) ,f the decision, award or order was secured throu"h fraud or coercion, includin" "raft and corruption3 c) ,f made purel$ on 4uestions of law3 and2or d) ,f serious errors in the findin"s of facts are raised which, if not corrected, would cause "rave or irrepara le dama"e or in*ur$ to the appellant. (2a) SECTION 3. 'HERE FILED. & 'he appeal shall =ffice where the case was heard and decided. e filed with the #e"ional Ar itration .ranch or #e"ional

SECTION 4. RE(UISITES FOR PERFECTION OF APPEAL. & a) 'he appeal shall e% (1) filed within the re"lementar$ period provided in 8ection 1 of this #ule3 (2) verified amended3 $ the appellant himself2herself in accordance with 8ection 4, #ule 9 of the #ules of !ourt, as

(1) in the form of a memorandum of appeal which shall state the "rounds relied upon and the ar"uments in support thereof, the relief pra$ed for, and with a statement of the date the appellant received the appealed decision, award or order3 (4) in three (1) le"i l$ t$pewritten or printed copies3 and (0) accompanied $% i) proof of pa$ment of the re4uired appeal fee and le"al research fee3 ii) postin" of a cash or suret$ ond as provided in 8ection 7 of this #ule3 and iii) proof of service upon the other parties. ) A mere notice of appeal without compl$in" with the other re4uisites aforestated shall not stop the runnin" of the period for perfectin" an appeal. c) 'he appellee ma$ file with the #e"ional Ar itration .ranch or #e"ional =ffice where the appeal was filed, his2her answer or repl$ to appellant?s memorandum of appeal, not later than ten (1B) calendar da$s from receipt thereof. 6ailure on the part of the appellee who was properl$ furnished with a cop$ of the appeal to file his2her answer or repl$ within the said period ma$ e construed as a waiver on his2her part to file the same. d) 8u *ect to the provisions of Article 218 of the La or !ode, once the appeal is perfected in accordance with these #ules, the !ommission shall limit itself to reviewin" and decidin" onl$ the specific issues that were elevated on appeal. (4a) SECTION 5. APPEAL FEE. & 'he appellant shall pa$ the prevailin" appeal fee and le"al research fee to the #e"ional Ar itration .ranch or #e"ional =ffice of ori"in, and the official receipt of such pa$ment shall form part of the records of the case. (0a) SECTION 6. BOND. & ,n case the decision of the La or Ar iter or the #e"ional Director involves a monetar$ award, an appeal $ the emplo$er ma$ e perfected onl$ upon the postin" of a ond, which shall either e in the form of cash deposit or suret$ ond e4uivalent in amount to the monetar$ award, e+clusive of dama"es and attorne$:s fees.

,n case of suret$ ond, the same shall e issued $ a reputa le ondin" compan$ dul$ accredited $ the !ommission or the 8upreme !ourt, and shall e accompanied $ ori"inal or certified true copies of the followin"% a) a *oint declaration under oath $ the emplo$er, his2her counsel, and the ondin" compan$, attestin" that the ond posted is "enuine, and shall e in effect until final disposition of the case. ) an indemnit$ a"reement etween the emplo$er& appellant and ondin" compan$3 c) proof of securit$ deposit or collateral securin" the ond% provided, that a check shall not e considered as an accepta le securit$3 d) a certificate of authorit$ from the ,nsurance !ommission3 e) certificate of re"istration from the 8ecurities and <+chan"e !ommission3 f) certificate of accreditation and authorit$ from the 8upreme !ourt3 and ") notari/ed oard resolution or secretar$:s certificate from the si"natories and their specimen si"natures. ondin" compan$ showin" its authori/ed

'he !ommission throu"h the !hairman ma$ on *ustifia le "rounds notwithstandin" its accreditation $ the 8upreme !ourt.

lacklist a

ondin" compan$,

A cash or suret$ ond shall e valid and effective from the date of deposit or postin", until the case is finall$ decided, resolved or terminated, or the award satisfied. 'his condition shall e deemed incorporated in the terms and conditions of the suret$ ond, and shall e indin" on the appellants and the ondin" compan$. 'he appellant shall furnish the appellee with a certified true cop$ of the said suret$ ond with all the a ove& mentioned supportin" documents. 'he appellee shall verif$ the re"ularit$ and "enuineness thereof and immediatel$ report an$ irre"ularit$ to the !ommission. Apon verification $ the !ommission that the ond is irre"ular or not "enuine, the !ommission shall cause the immediate dismissal of the appeal, and censure the responsi le parties and their counsels, or su *ect them to reasona le fine or penalt$, and the ondin" compan$ ma$ e lacklisted. No motion to reduce ond shall e entertained e+cept on meritorious "rounds, and onl$ upon the postin" of a ond in a reasona le amount in relation to the monetar$ award. 'he mere filin" of a motion to reduce ond without compl$in" with the re4uisites in the precedin" para"raphs shall not stop the runnin" of the period to perfect an appeal. (7a) SECTION 7. RECORDS OF CASE ON APPEAL. & 'he records of a case shall have a correspondin" inde+ of its contents which shall include the followin"% a) the ori"inal cop$ of the complaint3 ) other pleadin"s and motions3 c) minutes of the proceedin"s, notices, transcripts of steno"raphic notes, if an$3 d) decisions, orders, and resolutions as well as proof of service thereof, if availa le3 e) the computation of the award3 f) memorandum of appeal and the repl$ or answer thereto, if an$, and proof of service, if availa le3 ") official receipt of the appeal fee3 and h) the appeal ond, if an$. 'he records shall e chronolo"icall$ arran"ed and pa"ed prominentl$.

SECTION . TRANSMITTAL OF RECORDS OF CASE ON APPEAL. & 5ithin fort$& ei"ht (48) hours after the filin" of the appeal, the records of the case shall e transmitted $ the #e"ional Ar itration .ranch or office of ori"in to the !ommission. SECTION !. FILING OF APPEAL) EFFECT. & 5ithout pre*udice to immediate reinstatement pendin" appeal under 8ection 7 of #ule E,, once an appeal is filed, the La or Ar iter loses *urisdiction over the case. All pleadin"s and motions pertainin" to the appealed case shall thereafter e addressed to and filed with the !ommission. (@a) SECTION 1". FRIVOLOUS OR DILATORY APPEALS. & No appeal from an interlocutor$ order shall e entertained. 'o discoura"e frivolous or dilator$ appeals, includin" those taken from interlocutor$ orders, the !ommission after hearin" ma$ censure or cite in contempt the errin" parties and their counsels, or su *ect them to reasona le fine or penalt$. (1Ba) SECTION 11. APPEALS FROM DECISION OF OTHER AGENCIES. & 'he #ules provided herein "overnin" appeals from the decisions or orders of La or Ar iters shall appl$ to appeals to the !ommission from decisions or orders of the other offices or a"encies appeala le to the !ommission accordin" to law. RULE VII PROCEEDINGS BEFORE THE COMMISSION SECTION 1. JURISDICTION OF THE COMMISSION. & 'he !ommission shall e+ercise e+clusive, ori"inal, and appellate *urisdiction in accordance with law. SECTION 2. COMPOSITION AND INTERNAL FUNCTIONS OF THE COMMISSION EN BANC AND ITS DIVISIONS. & a) !omposition. & Anless otherwise provided $ law, the !ommission shall e composed of the !hairman and of twent$ three (21) !ommissioners. ) !ommission <n .anc. C'he !ommission shall sit en anc onl$ for purposes of promul"atin" rules and re"ulations "overnin" the hearin" and disposition of cases efore its Divisions and #e"ional Ar itration .ranches, and for the formulation of policies affectin" its administration and operations. ,t ma$, on temporar$ or emer"enc$ asis, allow cases within the *urisdiction of an$ Division to e heard $ an$ other Division whose docket allows the additional workload and such transfer will not e+pose liti"ants to unnecessar$ additional e+pense. c) Divisions. & Anless otherwise provided $ law, the !ommission shall e+ercise its ad*udicator$ and all other powers, functions and duties throu"h its ei"ht (8) Divisions. <ach Division shall consist of one mem er from the pu lic sector who shall act as the Presidin" !ommissioner and one mem er each from the workers and emplo$ers sectors, respectivel$. =f the ei"ht (8) Divisions, the 6irst, 8econd, 'hird, 6ourth, 6ifth and 8i+th Divisions shall have e+clusive territorial *urisdiction over appealed cases comin" from Lu/on3 the 8eventh Division, appealed cases from the Disa$as #e"ion3 and the <i"hth Division, appealed cases from ;indanao includin" those from the Autonomous #e"ion for ;uslim ;indanao. d) Fead4uarters. & As provided $ law, the !ommission and its 6irst, 8econd, 'hird, 6ourth, 6ifth and 8i+th Divisions for Lu/on shall have their main offices in the National !apital #e"ion, and the 8eventh and <i"hth Divisions for Disa$as and ;indanao, in the cities of !e u and !a"a$an de =ro, respectivel$. (2a) SECTION 3. THE CHAIRMAN. & 'he !hairman shall preside over all sessions of the !ommission en anc. Fe2she is the Presidin" !ommissioner of the 6irst Division. ,n case of the effective a sence or incapacit$ of the !hairman, the Presidin" !ommissioner of the 8econd Division shall e the Actin" !hairman.

'he !hairman, aided $ the <+ecutive !lerk of the !ommission, shall have administrative supervision over the !ommission and its #e"ional Ar itration .ranches and all its personnel includin" the <+ecutive La or Ar iters and La or Ar iters. SECTION 4. COMMISSION EN BANC SESSION, (UORUM AND VOTE. & a) !ommission <n .anc. & 'he !hairman shall call the !ommission to an en anc session at least twice a $ear, prefera l$ on the first week of >une and the first week of Decem er, to deli erate and decide on an$ matter efore it. Fowever, a ma*orit$ of all the mem ers of the !ommission ma$ call a special en anc session to discuss and decide on ur"ent and vital matters which need immediate action. ) Guorum. & 'he presence of a ma*orit$ of all the mem ers of the !ommission shall e necessar$ to constitute a 4uorum. 'he vote or concurrence of the ma*orit$ of the mem ers constitutin" a 4uorum shall e the decision or resolution of the !ommission en anc. c) Division. & 'he presence of at least two (2) !ommissioners of a Division shall constitute a 4uorum. 'he concurrence of two (2) !ommissioners of a Division shall e necessar$ for the pronouncement of a *ud"ment or resolution. 5henever the re4uired mem ership in a Division is not complete and2or the concurrence of two (2) !ommissioners cannot e o tained to arrive at a *ud"ment or resolution, the !hairman shall desi"nate such num er of additional !ommissioners elon"in" to the same sector from the other Divisions as ma$ e necessar$. ,n the event that all the mem ers of a division inhi it themselves from resolvin" a case, the !hairman ma$ create a 8pecial Division or assi"n the case to an$ of the other Divisions. d) #ole of !hairman in the Division. & 'he !hairman of the !ommission ma$ convene and preside over the session of an$ Division to consider an$ case pendin" efore it and participate in its deli erations, if in his2her *ud"ment, his2her presence therein will est serve the interests of la or *ustice. Fe2she shall not however, participate in the votin" $ the Division, e+cept when he2she is actin" as Presidin" !ommissioner of the Division in the a sence of the re"ular Presidin" !ommissioner. (4a) SECTION 5. CONSULTATION. & 'he conclusions of a Division on an$ case or matter su mitted to it for decision shall e reached in consultation efore the case is assi"ned to a mem er for the writin" of the opinion. ,t shall e mandator$ for the Division to meet for the purpose of the consultation ordained herein. A certification to this effect si"ned $ the Presidin" !ommissioner of the Division shall thereof attached to the record of the case and served upon the parties. e issued and a cop$

SECTION 6. DISSENTING OPINION. & 8hould an$ mem er of a Division indicate his2her intention to write a dissentin" opinion, he2she ma$ file the same within the period prescri ed for decidin" or resolvin" the appeal3 otherwise, such written dissentin" opinion shall not e considered part of the records of the case. SECTION 7. INHIBITION. & No motion to inhi it the entire Division of the !ommission shall e entertained. Fowever, an$ !ommissioner ma$ inhi it himself2herself from the consideration and resolution of an$ case or matter efore the Division and shall so state in writin" the le"al or *ustifia le "rounds therefor. ,n the event that a mem er inhi its himself2herself, the case shall e raffled $ the <+ecutive !lerk or Deput$ <+ecutive !lerk to either of the two (2) remainin" !ommissioners. ,n case two (2) !ommissioners in a Division inhi it themselves in a case or matter efore it, the !hairman shall, as far as practica le, appoint two (2) !ommissioners from other Divisions representin" the sector of the !ommissioners who inhi ited themselves.

SECTION . ABSTENTION. & ,n the event of an a stention, and the concurrence of two (2) !ommissioners to arrive at a *ud"ment or resolution cannot e o tained, 8ection 4 (c), second para"raph, of this #ule shall appl$. SECTION !. CONSOLIDATION OF CASES. & Appealed and in*unction cases involvin" the same parties, issues, or related 4uestions of fact or law shall e consolidated efore the !ommissioner to whom the case with the lowest case num er is assi"ned. Notice of the consolidation shall e "iven $ the <+ecutive !lerk or Deput$ <+ecutive !lerk to the other mem ers of the concerned Divisions. SECTION 1". TECHNICAL RULES NOT BINDING. & 'he rules of procedure and evidence prevailin" in courts of law and e4uit$ shall not e controllin" and the !ommission shall use ever$ and all reasona le means to ascertain the facts in each case speedil$ and o *ectivel$, without re"ard to technicalities of law or procedure, all in the interest of due process. ,n an$ proceedin" efore the !ommission, the parties ma$ e represented $ le"al counsel ut it shall e the dut$ of the !hairman, an$ Presidin" !ommissioner or !ommissioner to e+ercise complete control of the proceedin"s at all sta"es. SECTION 11. CONCILIATION AND MEDIATION. & ,n the e+ercise of its e+clusive, ori"inal and appellate *urisdiction, the !ommission ma$ e+ert all efforts towards the amica le settlement of a la or dispute. 'he settlement of cases on appeal, to !ommission. (11a) e valid and indin" etween the parties, shall e approved $ the

SECTION 12. ROLE OF THE LABOR ARBITER ASSIGNED TO THE COMMISSION. & ,n the resolution of cases on appeal, and those mentioned in #ules D,,, and E, the !ommission, in the e+i"enc$ of the service, shall e assisted $ a La or Ar iter who ma$ e directed to stud$, review, hear and receive evidence, and su mit reports thereon. (12a) SECTION 13. FORM OF DECISION, RESOLUTION AND ORDER. & 'he decision, resolution and order of the !ommission shall state clearl$ and distinctl$ the findin"s of facts, issues, and conclusions of law on which it is ased, and the relief "ranted, if an$. ,f the decision, resolution or order involves monetar$ awards, the same shall contain the specific amount awarded as of the date the decision is rendered. SECTION 14. FINALITY OF DECISION OF THE COMMISSION AND ENTRY OF JUDGMENT. & a) 6inalit$ of the Decisions, #esolutions or =rders of the !ommission. & <+cept as provided in 8ection @ of #ule E, the decisions, resolutions or orders of the !ommission shall ecome final and e+ecutor$ after ten (1B) calendar da$s from receipt thereof $ the counsel or authori/ed representative or the parties if not assisted $ counsel or representative. ) <ntr$ of >ud"ment. & Apon the e+piration of the ten (1B) calendar da$ period provided in para"raph (a) of this 8ection, the decision, resolution, or order shall e entered in a ook of entries of *ud"ment. ,n the a sence of return cards, certifications from the post office or the courier or other proofs of service to the parties, the <+ecutive !lerk or Deput$ <+ecutive !lerk shall consider the decision, resolution or order as final and e+ecutor$ after si+t$ (7B) calendar da$s from date of mailin". (14a) SECTION 15. MOTIONS FOR RECONSIDERATION. & ;otion for reconsideration of an$ decision, resolution or order of the !ommission shall not e entertained e+cept when ased on palpa le or patent errors3 provided that the motion is filed within ten (1B) calendar da$s from receipt of decision, resolution or order, with proof of service that a cop$ of the same has een furnished, within the re"lementar$ period, the

adverse part$3 and provided further, that onl$ one such motion from the same part$ shall (10a) RULE VIII CERTIFIED CASES

e entertained.

SECTION 1. POLICY. & ,t is the declared polic$ of certification of la or disputes for compulsor$ ar itration to ensure and maintain industrial peace ased on social *ustice and national interest $ havin" a full, complete and immediate settlement or ad*udication of all la or disputes etween the parties, as well as issues that are relevant to or incidents of the certified issues. SECTION 2. CERTIFIED LABOR DISPUTES. & !ertified la or disputes are cases certified to the !ommission for compulsor$ ar itration under Article 271 (") of the La or !ode. SECTION 3. EFFECTS OF CERTIFICATION. & a) Apon certification, the intended or impendin" strike or lockout is automaticall$ en*oined, notwithstandin" the filin" of an$ motion for reconsideration of the certification order nor the non& resolution of an$ such motion which ma$ have een dul$ su mitted to the =ffice of the 8ecretar$ of La or and <mplo$ment. ,f a work stoppa"e has alread$ taken place at the time of the certification, all strikin" or locked out emplo$ees shall immediatel$ return to work and the emplo$er shall immediatel$ resume operations and readmit all workers under the same terms and conditions prevailin" efore the strike or lockout. ) All cases etween the same parties, e+cept where the certification order specifies otherwise the issues su mitted for ar itration which are alread$ filed or ma$ e filed, and are relevant to or are proper incidents of the certified case, shall e considered su sumed or a sor ed $ the certified case, and shall e decided $ the appropriate Division of the !ommission. 8u *ect to the second para"raph of 8ection 4 of #ule ,D, the parties to a certified case, under pain of contempt, shall inform their counsels and the Division concerned of all cases pendin" with the #e"ional Ar itration .ranches and the Doluntar$ Ar itrators relative or incident to the certified case efore it. c) 5henever a certified la or dispute involves a usiness entit$ with several workplaces located in different re"ions, the Division havin" territorial *urisdiction over the principal office of the compan$ shall ac4uire *urisdiction to decide such la or dispute3 unless the certification order provides otherwise. SECTION 4. EFFECTS OF DEFIANCE. & Non& compliance with the certification order of the 8ecretar$ of La or and <mplo$ment shall e considered as an ille"al act committed in the course of the strike or lockout, and shall authori/e the !ommission to enforce the same under pain of immediate disciplinar$ action, includin" dismissal or loss of emplo$ment status or pa$ment $ the lockin"& out emplo$er of ackwa"es, dama"es and2or other affirmative relief, even criminal prosecution a"ainst the lia le parties. 'he !ommission ma$ also seek the assistance of law enforcement a"encies to ensure compliance and enforcement of its orders and resolutions. SECTION 5. PROCEDURE IN CERTIFIED CASES. & a) 5hen there is no need to conduct a clarificator$ hearin", the !ommission shall resolve all certified cases within thirt$ (1B) calendar da$s from receipt $ the assi"ned !ommissioner of the complete records, which shall include the position papers of the parties and the order of the 8ecretar$ of La or and <mplo$ment den$in" the motion for reconsideration of the certification order, if an$. ) 5here a clarificator$ hearin" is needed, the !ommission shall, within five (0) calendar da$s from receipt of the records, issue a notice to e served on the parties throu"h the fastest means availa le, re4uirin"

them to appear and su mit additional evidence, if an$. All certified cases shall e resolved $ the !ommission within si+t$ (7B) calendar da$s from receipt of the complete records $ the assi"ned !ommissioner. c) No motion for e+tension or postponement shall e entertained. (0a) SECTION 6. E*ECUTION OF JUDGMENT IN CERTIFIED CASE. & Apon issuance of the entr$ of *ud"ment, the !ommission, motu proprio or upon motion $ the proper part$, ma$ cause the e+ecution of the *ud"ment in the certified case. RULE I* CONTEMPT SECTION 1. DIRECT CONTEMPT. & 'he !hairman or an$ !ommissioner or La or Ar iter ma$ summaril$ ad*ud"e "uilt$ of direct contempt an$ person committin" an$ act of mis ehavior in the presence of or so near the !hairman or an$ !ommissioner or La or Ar iter as to o struct or interrupt the proceedin"s efore the same, includin" disrespect toward said officials, offensive acts toward others, or refusal to e sworn or to answer as a witness or to su scri e to an affidavit or deposition when lawfull$ re4uired to do so. ,f the offense is committed a"ainst the !ommission or an$ mem er thereof, the same shall e punished $ a fine not e+ceedin" 6ive Fundred Pesos (P0BB.BB) or imprisonment not e+ceedin" five (0) da$s, or oth3 and, if the offense is committed a"ainst an$ La or Ar iter, the same shall e punished $ a fine not e+ceedin" =ne Fundred Pesos (P1BB.BB) or imprisonment not e+ceedin" one (1) da$, or oth. An$ person ad*ud"ed "uilt$ of direct contempt $ a La or Ar iter ma$, within a period of five (0) calendar da$s from notice of the *ud"ment, appeal the same to the !ommission and the e+ecution of said *ud"ment shall e suspended pendin" resolution of the appeal upon the filin" $ said person of a ond on condition that he will a ide $ and perform the *ud"ment should the appeal e decided a"ainst him2her. A *ud"ment of the !ommission on direct contempt shall e immediatel$ e+ecutor$ and inappeala le. SECTION 2. INDIRECT CONTEMPT. C 'he !ommission or an$ La or Ar iter pursuant to Article 218 (d) of the La or !ode ma$ cite an$ person for indirect contempt and impose the appropriate penalt$ under an$ of the followin" "rounds% a) ;is ehavior of an$ officer or emplo$ee in the performance of his2her official duties or in his2her official transaction3 ) Diso edience of, or resistance to, a lawful writ, order or decision3 c) An$ a use of, or an$ unlawful interference with the processes or proceedin"s not constitutin" direct contempt3 d) An$ improper conduct tendin", directl$ or indirectl$, to impede, o struct or de"rade the administration of *ustice3 e) Assumin" to e an attorne$ or a representative of part$ without authorit$3 f) 6ailure to o e$ a su poena dul$ served3 or ") =ther "rounds analo"ous to the fore"oin". A. 5here char"e to e filed. & 5here the char"e for indirect contempt has een committed a"ainst the !ommission or a"ainst an =fficer appointed $ it, the char"e ma$ e filed with the !ommission. 5here such contempt has een committed a"ainst the La or Ar iter, the char"e ma$ e filed with the #e"ional

Ar itration .ranch su *ect to appeal to the !ommission in the same manner as provided in 8ection 1 of this #ule. .. Fow proceedin"s commenced. Proceedin"s for indirect contempt ma$ e initiated motu proprio $ the !ommission or an$ La or Ar iter $ an order or an$ other formal char"e re4uirin" the respondent to show cause wh$ he2she should not e punished for contempt. ,n all other cases, a char"e for indirect contempt shall e commenced $ a verified petition with supportin" particulars and certified true copies of documents or papers involved therein, and upon full compliance with the re4uirements for filin" initiator$ pleadin"s in the !ommission. ,f the contempt char"e arose out of or is related to a principal action pendin" in the !ommission or #e"ional Ar itration .ranch, the petition for contempt shall alle"e that fact ut said petition shall e consolidated, heard, and decided separatel$, unless the !ommission or La or Ar iter in its2his2her discretion, orders the consolidation of the contempt char"e and the principal action for *oint hearin" and decision. !. Fearin". & Apon the date set for hearin", the !ommission or La or Ar iter shall proceed to investi"ate the char"e and consider such comment, answer, defense or testimon$ as the respondent ma$ make or offer. 6ailure to attend the scheduled hearin" and to "ive a satisfactor$ e+planation in writin" to the !ommission or La or Ar iter will result in the waiver of the respondent to e present durin" the hearin". D. Punishment for indirect contempt. & ,f the respondent is ad*ud"ed "uilt$ of indirect contempt committed a"ainst the !ommission or an$ mem er thereof, he2she ma$ e punished $ a fine of =ne 'housand (P1,BBB.BB) Pesos per da$ for ever$ act of indirect contempt3 and, if the offense is committed a"ainst an$ La or Ar iter, the same ma$ e punished $ a fine of 6ive Fundred (P0BB.BB) Pesos per da$ for ever$ act of indirect contempt. <ach da$ of defiance of, or diso edience to, or non& enforcement of a final order, resolution, decision, rulin", in*unction, or processes, shall constitute an indirect contempt of the !ommission. ,f the contempt consists of the violation of an in*unction or omission to do an act which is within the power of the respondent to perform, the respondent shall, in addition, e made lia le for dama"es as a conse4uence thereof. 'he dama"es shall e measured $ the e+tent of the loss or in*ur$ sustained $ the a""rieved part$ $ reason of the acts or omissions of which the contempt is ein" prosecuted, and the costs of the proceedin"s, includin" pa$ment of interest on dama"es. <. A writ of e+ecution ma$ e issued to enforce the decision imposin" such fine and2or conse4uent dama"es as punishment for indirect contempt. (2a) RULE * INJUNCTION SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. & A preliminar$ in*unction or restrainin" order ma$ e "ranted $ the !ommission throu"h its Divisions pursuant to the provisions of para"raph (e) of Article 218 of the La or !ode, as amended, when it is esta lished on the asis of the sworn alle"ations in the petition that the acts complained of involvin" or arisin" from an$ la or dispute efore the !ommission, which, if not restrained or performed forthwith, ma$ cause "rave or irrepara le dama"e to an$ part$ or render ineffectual an$ decision in favor of such part$. A certification of non& forum shoppin" shall accompan$ the petition for in*unction. 'he writ of preliminar$ in*unction or temporar$ restrainin" order shall ecome effective onl$ upon postin" of the re4uired cash ond in the amount to e determined $ the !ommission to answer for an$ dama"e that ma$ e suffered $ the part$ en*oined, if it is finall$ determined that the petitioner is not entitled thereto. SECTION 2. INJUNCTION IN STRI+ES OR LOC+OUTS. & A preliminar$ or permanent in*unction ma$ e "ranted $ the !ommission onl$ after hearin" the testimon$ of witnesses and with opportunit$ for cross&

e+amination in support of the alle"ations of the complaint or petition made under oath, and testimon$ wa$ of opposition thereto, if offered, and onl$ after a findin" of fact $ the !ommission%

a) 'hat prohi ited or unlawful acts have een threatened and will e committed and will e continued unless restrained, ut no in*unction or temporar$ restrainin" order shall e issued on account of an$ threat, prohi ited or unlawful act, e+cept a"ainst the person or persons, association or or"ani/ation makin" the threat or committin" the prohi ited or unlawful act or actuall$ authori/in" or ratif$in" the same after actual knowled"e thereof. ) 'hat su stantial and irrepara le in*ur$ to petitioner?s propert$ will follow3 c) 'hat as to each item of relief to e "ranted, "reater in*ur$ will e inflicted upon the petitioner denial of relief than will e inflicted upon respondents $ the "rantin" of relief3 d) 'hat petitioner has no ade4uate remed$ at law3 and e) 'hat the pu lic officers char"ed with the dut$ to protect petitioner?s propert$ are una le or unwillin" to furnish ade4uate protection. SECTION 3. HEARING) NOTICE THEREOF. & Fearin"s shall e held after due and personal notice thereof has een served, in such manner as the !ommission shall direct, to all known persons a"ainst whom relief is sou"ht, and also to the !hief <+ecutive and other pu lic officials of the province or cit$ within which the unlawful acts have een threatened or committed char"ed with the dut$ to protect petitioner?s propert$. SECTION 4. RECEPTION OF EVIDENCE) DELEGATION. & 'he reception of evidence for the application of a writ of in*unction ma$ e dele"ated $ the !ommission to an$ of its La or Ar iters who shall conduct such hearin"s in such places as he2she ma$ determine to e accessi le to the parties and their witnesses, and shall thereafter su mit his2her report and recommendation to the !ommission within fifteen (10) da$s from such dele"ation. SECTION 5. OCULAR INSPECTION. & 'he !hairman, an$ !ommissioner, La or Ar iter or their dul$ authori/ed representatives, ma$, at an$ time durin" workin" hours, conduct an ocular inspection on an$ esta lishment, uildin", ship or vessel, place or premises, includin" an$ work, material, implement, machiner$, appliance or an$ o *ect therein, and ask an$ emplo$ee, la orer, or an$ person, as the case ma$ e, for an$ information or data concernin" an$ matter or 4uestion relative to the o *ect of the petition. 'he ocular inspection reports shall from the conduct thereof. e su mitted to the appropriate Division within twent$& four (24) hours $ the

SECTION 6. TEMPORARY RESTRAINING ORDER) RE(UISITES. & ,f the petitioner shall also alle"e that, unless a temporar$ restrainin" order shall e issued without notice, a su stantial and irrepara le in*ur$ to petitioner?s propert$ will e unavoida le, such a temporar$ restrainin" order ma$ e issued upon testimon$ under oath, or $ affidavits of the petitioner?s witnesses, sufficient, if sustained, to *ustif$ the !ommission in the issuance thereof. SECTION 7. CASH BOND. & No temporar$ restrainin" order or writ of preliminar$ in*unction shall e issued e+cept on the condition that petitioner shall first file an undertakin" to answer for the dama"es and post a cash ond in the amount of 6ift$ 'housand Pesos (P0B,BBB.BB), or such hi"her amount as ma$ e determined $ the !ommission, to recompense those en*oined for an$ loss, e+pense or dama"e caused $ the improvident or erroneous issuance of such order or in*unction, includin" all reasona le costs, to"ether with a reasona le attorne$?s fee, and e+pense of defense a"ainst the order or a"ainst the "rantin" of an$ in*unctive relief sou"ht in the same proceedin" and su se4uentl$ denied $ the !ommission.

SECTION . EFFECTIVITY OF TEMPORARY RESTRAINING ORDER. & A temporar$ restrainin" order shall e effective for no lon"er than twent$ (2B) da$s reckoned from the postin" of the cash ond re4uired under the precedin" section. Durin" the said period, the parties shall e re4uired to present evidence to su stantiate their respective positions in the main petition. SECTION !. EFFECTS OF DEFIANCE. & 'he order or resolution en*oinin" the performance of ille"al acts shall e immediatel$ e+ecutor$ in accordance with the terms thereof. ,n case of non& compliance, the !ommission shall impose such sanctions, and shall issue such orders, as ma$ e necessar$ to implement the said order or resolution, includin" the enlistment of law enforcement a"encies havin" *urisdiction over the area for the purpose of enforcin" the same. SECTION 1". ORDINARY REMEDY IN LA' OR IN E(UITY. & Nothin" in this #ule shall deprive an$ part$ havin" a claim or cause of action under or upon such undertakin" from electin" to pursue his2her ordinar$ remed$ $ suit at law or in e4uit$. RULE *I E*ECUTION PROCEEDINGS SECTION 1. E*ECUTION UPON FINALITY OF DECISION OR ORDER. & a) A writ of e+ecution ma$ issued motu proprio or on motion, upon a decision or order that has ecome final and e+ecutor$. e

) ,f an appeal has een dul$ perfected and finall$ resolved $ the !ommission, a motion for e+ecution ma$ e filed efore the La or Ar iter, when the latter has possession of the case records or upon su mission of certified true copies of the decisions or final order2s sou"ht to e enforced includin" notice of decision or order and the entr$ of *ud"ment, cop$ furnished the adverse part$. c) <+cept that, as provided for in 8ection 18 of #ule D in relation to 8ection @ of this #ule, and in those cases where partial e+ecution is allowed $ law, the La or Ar iter shall retain duplicate ori"inal copies of the decision to e implemented and proof of service thereof for the purpose of immediate enforcement. (1a) SECTION 2. E*ECUTION BY MOTION OR BY INDEPENDENT ACTION. C Pursuant to Art. 224 of the La or !ode, a decision or order ma$ e e+ecuted on motion within five (0) $ears from the date it ecomes final and e+ecutor$. After the lapse of such period, the *ud"ment shall ecome dormant, and ma$ onl$ e enforced $ an independent action efore the #e"ional Ar itration .ranch of ori"in and within a period of ten (1B) $ears from date of its finalit$. (8a) SECTION 3. EFFECT OF PERFECTION OF APPEAL ON E*ECUTION. & 'he perfection of an appeal shall sta$ the e+ecution of the decision of the La or Ar iter e+cept e+ecution for reinstatement pendin" appeal. (@a) SECTION 4. EFFECT OF PETITION FOR CERTIORARI ON E*ECUTION. & A petition for certiorari with the !ourt of Appeals or the 8upreme !ourt shall not sta$ the e+ecution of the assailed decision unless a restrainin" order is issued $ said courts. (1Ba) SECTION 5. PRE# E*ECUTION CONFERENCE. & 5ithin two (2) workin" da$s from receipt of a motion for the issuance of a writ of e+ecution which shall e accompanied $ a computation of a *ud"ment award, if necessar$, the !ommission or the La or Ar iter ma$ schedule a pre& e+ecution conference to thresh out matters relevant to e+ecution includin" the final computation of monetar$ award. 'he pre& e+ecution conference shall not e+ceed fifteen (10) calendar da$s from the initial schedule, unless the parties a"reed to an e+tension.

An$ order issued $ the La or Ar iter in the pre& e+ecution conference is not appeala le, su *ect to the remedies availa le under #ule E,,. (2a) SECTION 6. ISSUANCE, CONTENTS AND EFFECTIVITY OF A 'RIT OF E*ECUTION. & 'he writ of e+ecution shall issue in the name of the #epu lic of the Philippines si"ned $ the !ommission or La or Ar iter orderin" the 8heriff to e+ecute the decision, order, or award of the !ommission or La or Ar iter, and must contain the complete name of the part$, whether natural or *uridical, a"ainst whom the writ of e+ecution was issued, the dispositive portion thereof, the amount, if an$, to e demanded, and all le"al fees to e collected from the losin" part$ or an$ other person re4uired $ law to o e$ the same. A writ of e+ecution shall e effective for a period of five (0) $ears from issuance thereof. ,n case of partial satisfaction of *ud"ment durin" the lifetime of the writ, the La or Ar iter shall motu proprio issue an updated writ reflectin" the amount collected and the remainin" alance. (1a) SECTION 7. ENFORCEMENT OF 'RIT OF E*ECUTION. & ,n e+ecutin" a decision, resolution or order, the 8heriff, or other authori/ed officer actin" as 8heriff of the !ommission, shall serve the writ within three (1) da$s from receipt of the same, su *ect to the re4uirements of 8ections 12 and 11 of this #ule and shall e "uided strictl$ $ these #ules and $ the ;anual on <+ecution of >ud"ment, which shall form part of these #ules. ,n the a sence of applica le rules, the #ules of !ourt, as amended, shall e applied in a suppletor$ manner. (9a) SECTION . MANNER OF E*ECUTION OF MONETARY JUDGMENT. & a) ,mmediate pa$ment on demand. & 'he 8heriff shall enforce a monetar$ *ud"ment $ demandin" the immediate pa$ment of the full amount stated in the writ of e+ecution and all le"al fees from the losin" part$ or an$ other person re4uired $ law to o e$ the same. ) ,n the event of failure or refusal of the losin" part$ to pa$ the *ud"ment award, the 8heriff shall immediatel$ proceed a"ainst the cash deposit or suret$ ond posted $ the losin" part$, if an$3 c) ,f the ondin" compan$ refuses to pa$ or the ank holdin" the cash deposit of the losin" part$ refuses to release the "arnished amount despite the order or pertinent processes issued $ the La or Ar iter or the !ommission, the president or the responsi le officers or authori/ed representatives of the said ondin" compan$ or the ank who resisted or caused the non& compliance shall e either cited for contempt, or held lia le for resistance and diso edience to a person in authorit$ or the a"ents of such person as provided under the pertinent provision of the #evised Penal !ode. 'his rule shall likewise appl$ to an$ person or part$ who unlawfull$ resists or refuses to compl$ with the reak open order issued $ the La or Ar iter or the !ommission. 6or this purpose, the La or Ar iter or the !ommission ma$ issue an order directin" the sheriff to re4uest the assistance of law enforcement a"encies to ensure compliance with the writ of e+ecution, orders or processes. A ondin" compan$ cited for contempt, or for an offense defined and punisha le under the pertinent provision of the #evised Penal !ode shall e arred from transactin" usiness with the !ommission. d) 8hould the cash deposit or suret$ ond e insufficient, or in case the suret$ ond cannot e proceeded a"ainst for an$ reason, the 8heriff shall, within five (0) da$s from demand, e+ecute the monetar$ *ud"ment $ "arnishin" ank deposits, credits, receiva les, and other personal propert$ not capa le of manual deliver$, if the same is not enou"h, proceed to lev$ the personal propert$ of the losin" part$, and if still insufficient, a"ainst the real propert$ not e+empt from e+ecution, sufficient to cover the *ud"ment award, which ma$ e disposed of for value at a pu lic auction to the hi"hest idder.

e) Proceeds of e+ecution shall e deposited with the !ashier of the concerned Division or #e"ional Ar itration .ranch, or with an authori/ed depositar$ ank. 5here pa$ment is made in the form of a check, the same shall e pa$a le to the !ommission. f) 6or monetar$ *ud"ment on cases involvin" overseas 6ilipino workers, the manner of e+ecution shall accordance with #epu lic Act No. 1BB22. (0a) e in

SECTION !. E*ECUTION OF REINSTATEMENT PENDING APPEAL. & ,n case the decision includes an order of reinstatement, and the emplo$er diso e$s the directive under the second para"raph of 8ection 18 of #ule D or refuses to reinstate the dismissed emplo$ee, the La or Ar iter shall immediatel$ issue writ of e+ecution, even pendin" appeal, directin" the emplo$er to immediatel$ reinstate the dismissed emplo$ee either ph$sicall$ or in the pa$roll, and to pa$ the accrued salaries as a conse4uence of such non& reinstatement in the amount specified in the decision. 'he 8heriff shall serve the writ of e+ecution upon the emplo$er or an$ other person re4uired $ law to o e$ the same. ,f he2she diso e$s the writ, such emplo$er or person ma$ e cited for contempt in accordance with #ule ,E. (7a) SECTION 1". RESOLUTION OF MOTION TO (UASH. C A motion to 4uash shall e resolved $ the La or Ar iter within ten (1B) workin" da$s from su mission of said motion for resolution. 'he mere filin" of a motion to 4uash shall not sta$ e+ecution proceedin"s. (11a) SECTION 11. THIRD PARTY CLAIM. C a) ,f the propert$ levied is claimed $ an$ person other than the losin" part$, such person ma$ file a third part$ claim not later than five (0) da$s from the last da$ of postin" or pu lication of the notice of e+ecution sale, otherwise the claim shall e forever arred. 8uch third part$ claim must compl$ with the followin" re4uirements% (1) An affidavit statin" title to propert$ or ri"ht to the possession thereof with supportin" evidence3 (2) Postin" of a ond e4uivalent to the amount of the claim or *ud"ment award, whichever is lower3 and (1) Pa$ment of prevailin" filin" fee. ) 5here filed & 'he third part$ claim shall e filed with the !ommission or La or Ar iter where the e+ecution proceedin" is pendin", with proof of service of copies thereof to the 8heriff and the prevailin" part$. c) <ffect of 6ilin". & 'he filin" of a third part$ claim that has complied with the re4uirements set forth under para"raph (a) of this 8ection shall automaticall$ suspend the proceedin"s with respect to the e+ecution of the properties su *ect of the third part$ claim. Apon approval of the ond, the La or Ar iter shall issue an order releasin" the levied propert$ or a part thereof su *ect of the claim unless the prevailin" part$ posts a counter ond in an amount not less than the value of the levied propert$. 'he La or Ar iter ma$ re4uire the postin" of additional ond upon showin" $ the other part$ that the ond is insufficient. d) Proceedin"s. C'he propriet$ of the third part$ claim shall e resolved within ten (1B) workin" da$s from su mission of the claim for resolution. 'he decision of the La or Ar iter is not appeala le ut ma$ e elevated to the !ommission and resolved in accordance with #ule E,, hereof. Pendin" resolution thereof, e+ecution shall proceed a"ainst all other properties not su *ect of the third part$ claim. (12a)

SECTION 12. SHERIFF,S RETURN AND REPORT. C 'he writ of e+ecution shall e returned to the !ommission or La or Ar iter immediatel$ after the full satisfaction of the *ud"ment award. ,n case of partial or non& satisfaction of the *ud"ment, the sheriff enforcin" the writ shall su mit a report updatin" the !ommission or La or Ar iter who issued the writ of e+ecution on the status of the enforcement thereof, not later than thirt$ (1B) da$s from receipt of such writ and ever$ thirt$ (1B) da$s thereafter durin" the lifetime of the writ unless full$ satisfied. A cop$ of the report shall e furnished the !hairman and the <+ecutive La or Ar iter. 6ailure on the part of the 8heriff to su mit the report or return re4uired under 8ection 12 of this #ule within the stated period shall su *ect him2her to administrative fine under #ule E,D of this #ule, or suspension for fifteen (10) da$s without pa$, or oth. (11a, 14a) SECTION 13. DESIGNATION OF SPECIAL SHERIFFS. & 'he !hairman of the !ommission ma$ desi"nate special 8heriffs and take an$ measure, under e+istin" laws, to ensure compliance with the decisions, resolutions or orders of the !ommission and those of La or Ar iters. (10a) SECTION 14. EFFECT OF REVERSAL OF E*ECUTED JUDGMENT. C 5here the e+ecuted *ud"ment is totall$ or partiall$ reversed or annulled $ the !ourt of Appeals or the 8upreme !ourt, the La or Ar iter shall, on motion, issue such orders of restitution of the e+ecuted award, e+cept wa"es paid durin" reinstatement pendin" appeal. RULE *II E*TRAORDINARY REMEDIES (n) SECTION 1. VERIFIED PETITION. C A part$ a""rieved $ an$ order or resolution of the La or Ar iter includin" those issued durin" e+ecution proceedin"s ma$ file a verified petition to annul or modif$ such order or resolution. 'he petition ma$ e accompanied $ an application for the issuance of a temporar$ restrainin" order and2or writ of preliminar$ or permanent in*unction to en*oin the La or Ar iter, or an$ person actin" under his2her authorit$, to desist from enforcin" said resolution or order. SECTION 2. GROUNDS. & 'he petition filed under this #ule ma$ e entertained onl$ on an$ of the followin" "rounds% a) ,f there is prima facie evidence of a use of discretion on the part of the La or Ar iter. ) ,f serious errors in the findin"s of facts are raised which, if not corrected, would cause "rave or irrepara le dama"e or in*ur$ to the petitioner. c) ,f a part$ $ fraud, accident, mistake or e+cusa le ne"li"ence has een prevented from takin" an appeal3 d) ,f made purel$ on 4uestions of law3 or e) ,f the order or resolution will cause in*ustice if not rectified. SECTION 3. 'HEN AND 'HERE FILED. C Not later than ten (1B) calendar da$s from receipt of the order or resolution of the La or Ar iter, the a""rieved part$ ma$ file a petition with the !ommission furnishin" a cop$ thereof to the adverse part$. SECTION 4. RE(UISITES OF THE PETITION. C 'he petition filed under this #ule shall%

a) e accompanied $ a clear ori"inal or certified true cop$ of the order or resolution assailed, to"ether with clear copies of documents relevant or related to the said order or resolution for the proper understandin" of the issue2s involved3 ) contain the ar itral docket num er and appeal docket num er, if an$3 c) state the material date showin" the timeliness of the petition3 d) e verified $ the petitioner himself2herself in accordance with 8ection 4, #ule 9 of the #ules of !ourt, as amended3 e) e in the form of a memorandum which shall state the "round2s relied upon, the ar"ument2s in support thereof and the reliefs pra$ed for3 f) e in three (1) le"i l$ written or printed copies3 and ") e accompanied $% i) certificate of non& forum shoppin"3 ii) proof of service upon the other part$2ies and the La or Ar iter who issued the order or resolution assailed or 4uestioned3 and iii) proof of pa$ment of the re4uired fees. SECTION 5. THE PUBLIC AND PRIVATE RESPONDENTS IMPLEADED IN THE PETITION. & 'he La or Ar iter shall e *ointl$ impleaded with the private respondent as a pu lic respondent in a nominal capacit$. As used in this #ule, the private respondent refers to the part$ interested in sustainin" the order or resolution of the La or Ar iter. ,t shall e the dut$ of the private respondent to appear and defend, oth in his2her ehalf and that of the pu lic respondent, and the cost awarded in such proceedin"s in favor of the petitioner shall e a"ainst the private respondent onl$. 'he pu lic respondent shall not appear or file an answer or comment to the petition or an$ pleadin" therein. SECTION 6. SERVICE AND FILING OF PLEADINGS. C 'he part$ filin" the pleadin"s shall serve the other part$ with copies thereof in accordance with #ule 11 of the #ules of !ourt furnishin" the La or Ar iter with a cop$. ,f the last da$ to serve and file a pleadin" falls on a 8aturda$, 8unda$ or holida$, the pleadin" shall served and filed on the first workin" da$ immediatel$ followin" such 8aturda$, 8unda$ or Folida$. e ein"

SECTION 7. ANS'ER TO THE PETITION. C 5ithin ten(1B) calendar da$s from the receipt of the petition, the private respondent shall file his2her answer therein statin" the "round2s wh$ the petition should e denied. 6ailure on the part of the private respondent, to file his2her answer within the said period ma$ e construed as a waiver to file the same. SECTION . OPPOSITION TO THE INJUNCTIVE RELIEF) 'HEN FILED. C ,n case the petitioner also pra$s for an in*unctive relief, the private respondent ma$ file his2her verified opposition or comment to the application for in*unctive relief not later than five (0) calendar da$s from receipt of a cop$ of the petition. SECTION !. EFFECT OF FILING OF PETITION. C Apon filin" of the petition, the proceedin"s efore the La or Ar iter shall continue unless restrained. ,n case of e+ecution, the proceedin"s in accordance with #ule E, of these #ules shall not e suspended, ut no mone$ collected or credit "arnished ma$ e released or properties levied upon e sold $ pu lic auction within fifteen (10) calendar da$s from the filin" of the

petition. ,f no temporar$ restrainin" order or writ of preliminar$ in*unction is issued within the said period, the mone$ collected or credit "arnished shall e released and2or the properties levied upon sold $ pu lic auction and the proceeds of the sale applied, to satisf$ the *ud"ment. ,n case of e+ecution proceedin"s, the La or Ar iter shall immediatel$ inform in writin" the !ommission or the Division where the petition is pendin" of the satisfaction of the *ud"ment, and, if circumstances warrant, the !ommission shall dismiss the petition for ein" moot. 'he records of the case shall not e elevated to the !ommission unless otherwise ordered. SECTION 1". VERIFIED APPLICATION, ISSUANCE OF TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION) BOND- C Apon the filin" of a verified application for in*unctive relief, to"ether with supportin" affidavits and documents, the !ommission ma$ issue a writ of a preliminar$ in*unction ased on an$ of the applica le "rounds provided for in 8ection 1, #ule 08 of the #ules of !ourt for the preservation of the ri"hts of the parties pendin" resolution of the petition. 'he writ of preliminar$ in*unction shall e effective for a non& e+tendi le period of si+t$ (7B) calendar da$s from service on the private respondent. ,f it shall appear from facts shown $ the verified application and affidavits that "reat and irrepara le dama"e and2or in*ur$ would result to the petitioner efore the petition can e resolved, the !ommission ma$ issue a temporar$ restrainin" order e+& parte effective for a non& e+tendi le period of twent$ (2B) calendar da$s from service on the private respondent. ,n the issuance of a temporar$ restrainin" order or writ of preliminar$ in*unction, the !ommission shall re4uire the postin" of a cash ond in the amount of 6ift$ 'housand Pesos (P0B,BBB.BB), or such hi"her amount as ma$ e determined $ the !ommission, to recompense those en*oined for an$ loss, e+pense or dama"e caused $ the improvident or erroneous issuance of such order or in*unction, includin" all reasona le costs. An additional cash in*unction. ond ma$ e re4uired $ the !ommission in the issuance of a writ of preliminar$

SECTION 11. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER OR 'RIT OF PRELIMINARY INJUNCTION. 'he temporar$ restrainin" order or writ of preliminar$ in*unction shall ecome effective onl$ upon postin" of the re4uired cash ond. ,n the event that the application for a writ of preliminar$ in*unction is denied or not resolved within the said period, the temporar$ restrainin" order is deemed automaticall$ vacated. 'he application for a temporar$ restrainin" order or a writ of preliminar$ in*unction ma$ e denied, or if "ranted, ma$ e dissolved, on an$ "rounds provided for in 8ection 7, #ule 08 of the #ules of !ourt. SECTION 12. EFFECT OF INJUNCTION. C 'he issuance of a temporar$ restrainin" order or a writ of preliminar$ in*unction, unless otherwise declared $ the !ommission, shall not suspend the proceedin"s efore the La or Ar iter or sta$ the implementation of the writ of e+ecution ut shall onl$ restrain or en*oin such particular act2s as therein decreed to e restrained or en*oined. SECTION 13. RESOLUTION OF PETITION. C ,f the !ommission finds that the alle"ations of the petition are true, it shall%

a) render *ud"ment for the relief pra$ed for or to which the petitioner is entitled, and2or ) "rant a final in*unction perpetuall$ en*oinin" the La or Ar iter or an$ person actin" under his2her authorit$ from the commission of the act2s or confirmin" the preliminar$ in*unction. Fowever, the !ommission ma$ dismiss the petition if it finds the same to e patentl$ without merit, prosecuted manifestl$ for dela$, or that the 4uestions raised therein are too unsu stantial to re4uire consideration. SECTION 14. RECOVERY FROM THE INJUNCTION BOND. C 'he amount of dama"es that ma$ e recovered $ the private respondent from the in*unction ond of the petitioner shall e ascertained and awarded in the decision2order2resolution finall$ disposin" of the issue on the application for in*unction. SECTION 15. NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR ARBITER ARISING FROM E*ECUTION PROCEEDINGS OR OTHER INCIDENTS. C <+cept $ wa$ of a petition filed in accordance with this #ule, no appeal from the order or resolution issued $ the La or Ar iter durin" the e+ecution proceedin"s or in relation to incidents other than a decision or disposition of the case on the merits, shall e allowed or acted upon $ the !ommission. RULE *III COMMISSION SEAL AND RECORDS, AND PO'ERS AND DUTIES OF COMMISSION OFFICIALS SECTION 1. SEAL OF THE COMMISSION. & 'he seal of the of standard si/e, circular, with the inscription, runnin" from words HNA',=NAL LA.=# #<LA',=N8 !=;;,88,=NI, and the 'F< PF,L,PP,N<8I, with a desi"n at the center containin" the <mplo$ment. National La or #elations !ommission shall e left to ri"ht on the upper outside ed"e, the lower outside ed"e, the words H#<PA.L,! =6 coat of arms of the Department of La or and

SECTION 2. THE E*ECUTIVE CLER+. & 'he <+ecutive !lerk shall assist the !ommission when sittin" en anc and when actin" throu"h the 6irst Division, and shall perform such similar or e4uivalent functions and duties as are dischar"ed $ the !lerk of !ourt of the !ourt of Appeals. SECTION 3. DEPUTY E*ECUTIVE CLER+S. & 'he Deput$ <+ecutive !lerks of the other Divisions shall assist the !ommission when actin" throu"h its Division, and shall perform similar functions and duties as dischar"ed $ the Deput$ !lerks of !ourt of the !ourt of Appeals, and as enumerated herein as functions of the <+ecutive !lerk relative to their respective Divisions. (1a) SECTION 4. DUTIES AND FUNCTIONS OF THE E*ECUTIVE CLER+ AND DEPUTY E*ECUTIVE CLER+S. & a) !ustod$ of 8eal and .ooks. C Fe2she shall keep in his2her care and custod$ the 8eal of the !ommission, to"ether with all the ooks necessar$ for the recordin" of the proceedin"s of the !ommission, includin" the records, files and e+hi its3 ) 6ilin" of Pleadin"s. C Fe2she shall receive and file all cases and pleadin"s and documents indicatin" thereon the date and time filed. All pleadin"s shall e filed in three (1) le"i l$ t$pewritten copies in le"al si/e3 c) #affle and Assi"nment of !ases. C Fe2she shall assi"n appealed cases for stud$ or report strictl$ $ raffle or as directed $ the !hairman. ,n this connection, the raffle of cases for stud$ or report must e attended $ the dul$ desi"nated representative of the ;em ers of the appropriate Division3

d) 8ervice of Processes, =rders and Decisions. C Fe2she shall serve parties and counsel processes, notices of hearin"s, copies of decisions, resolutions or orders issued $ the !ommission $ re"istered mail, $ courier or $ personal service and immediatel$ attach the returns or proofs of deliver$ thereof to the records3 e) !ommission !alendar and ;inutes .ook. C Fe2she shall prepare the !ommission or Division calendars of sessions, attend such sessions personall$ and immediatel$ prepare the minutes thereof. 6or this purpose, he2she shall keep a minutes ook3 f) Jeneral Docket. & 'he <+ecutive !lerk shall keep a "eneral docket for the !ommission, each pa"e of which shall e num ered and prepared for receivin" all the entries in a sin"le pa"e, and shall enter therein all ori"inal and appealed cases efore it, num ered consecutivel$ in the order in which the$ were received and, under the headin" of each case, the date and hour of each pleadin" filed, of each order, decision or resolution entered, and of each other step or action taken in the case3 so that, $ reference to an$ sin"le pa"e, the histor$ of the case ma$ e known3 ") Promul"ation and Promul"ation .ook. C Fe2she shall promul"ate decisions and final resolutions on the same date the same is filed with his2her office and indicate the date and time of promul"ation and attest the same $ his2her si"nature on the first pa"e thereof. Fe2she shall immediatel$ furnish the !hairman with a cop$ of such decision, resolution, or order with a summar$ of the nature thereof and the issue involved therein. Fe2she shall keep a promul"ation ook which indicates the date and time of promul"ation, the case num er, title of the case, the ponente, the nature of the decision or final resolution and the action taken $ the !ommission $ 4uotin" the dispositive portion thereof. Notices of said decisions, resolutions or orders shall e sent in sealed envelopes to parties and their counsel within fort$& ei"ht (48) hours from promul"ation3 h) <ntr$ of >ud"ment. & Fe shall keep a ook of entries of *ud"ment, decisions, resolutions and orders containin" in chronolo"ical order the entries of all final decisions, resolutions and orders of the !ommission3 i) Disposition and #emand of #ecords. & Apon entr$ of *ud"ment, he2she shall immediatel$ remand the records of the case to the #e"ional Ar itration .ranch of ori"in, #e"ional Director or his2her dul$ authori/ed officer, as the case ma$ e. 'he #ecords Anit shall immediatel$ post said records without dela$ within two (2) workin" da$s3 *) ;onthl$ Accomplishment #eports. C Fe2she shall su mit a monthl$ accomplishment report of the !ommission or Division not later than the 9th da$ of the followin" month3 k) =ther 6unctions. C Fe2she shall perform other functions as directed en anc. (4a) $ the !hairman or the !ommission

SECTION 5. BOARD SECRETARIES. & 'he .oard 8ecretaries of the !ommission shall assist the <+ecutive !lerk or Deput$ <+ecutive !lerks in the performance of their duties and functions relative to the !ommission or their respective Divisions. SECTION 6. ISSUANCE OF CERTIFIED COPIES. & Anless otherwise restricted $ 8ection 8 hereof, the <+ecutive !lerk, Deput$ <+ecutive !lerks, and the authori/ed officers of the #e"ional Ar itration .ranches shall prepare, for an$ person askin" for the same, a certified cop$, under the 8eal of the !ommission, of an$ paper, record, decision, resolution, order or entr$ $ and in his2her office, proper to e certified, after pa$ment of the standard fees to the !ommission dul$ receipted for3 Provided, that a pauper liti"ant, as defined $ law, shall e e+empted from pa$in" an$ fee for certified copies of an$ document, includin" transcripts of steno"raphic notes.

SECTION 7. PO'ER TO ADMINISTER OATH. & 'he !hairman, ;em ers of the !ommission, the <+ecutive !lerk, the Deput$ <+ecutive !lerks, the <+ecutive La or Ar iters, the La or Ar iters, and other persons desi"nated or commissioned $ the !hairman of the !ommission, shall have the power to administer oath on all matters or proceedin"s related to the performance of their duties. SECTION . ACCESS TO COMMISSION RECORDS. & All official records of the !ommission shall e open to the pu lic durin" re"ular office hours, e+cept those kept $ it in the nature of confidential reports, records or communications which cannot e divul"ed without violatin" private ri"hts or pre*udicin" the pu lic interest. ;inutes of hearin"s or sessions ma$ not e divul"ed until after promul"ation of the decision or resolution. RULE *IV ADMINISTRATIVE SANCTIONS 8ection 1. ,;P=8,',=N =6 6,N<8. 'he !ommission and La or Ar iters, $ authorit$ of the !hairman, ma$ after hearin", impose administrative fines which shall not e less than 6ive Fundred Pesos (P0BB.BB) nor more than 'en 'housand Pesos (P1B,BBB.BB) to ensure compliance with decisions, orders or awards. 'he imposition thereof ma$ e enforced throu"h issuance of a writ of e+ecution. (n) RULE *V EFFECTIVITY SECTION 1. EFFECTIVITY. & 'hese #ules shall take effect fifteen (10) da$s after pu lication in two (2) newspapers of "eneral circulation. GERARDO C. NOGRALES, Chairman, RAUL T. A(UINO, Presiding Commissioner, ALE* A. LOPE., Presiding Commissioner, HERMINIO V. SUELO, Presiding Commissioner, LEONARDO L. LEONIDA, Presiding Commissioner, BENEDICTO R. PALACOL, Presiding Commissioner, VIOLETA O. BANTUG, Presiding Commissioner, BARIO#ROD M. TALON, Presiding Commissioner, PERLITA B. VELASCO, Commissioner, ROMEO L. GO, Commissioner, TERESITA D. CASTILLON# LORA, Commissioner, NAPOLEON M. MENESE, Commissioner, GREGORIO O. BILOG, Commissioner, PABLO C. ESPIRITU, JR., Commissioner, ISABEL G. PANGANIBANORTIGUERRA, Commissioner, NIEVES E. VIVAR#DE CASTRO, Commissioner, NUMERIANO D. VILLENA, Commissioner, ANGELO ANG PALA/A, Commissioner, MERCEDES R. POSADA#LACAP, Commissioner, DOLORES M. PERALTA#BELEY, Commissioner, AURELIO D. MEN.ON, Commissioner, JULIE C. RENDO(UE, Commissioner, PROCULO T. SARMEN, Commissioner, DOMINADOR B. MEDROSO, JR., Commissioner Attested by FLOCERFIDA T. TRINIDAD, !"ecuti#e Cler$ of Court %& Published in 'alaya on (uly 22) 2011 and *he +aily *ribune on (uly 2,) 2011

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