Académique Documents
Professionnel Documents
Culture Documents
(Part I)
By:
Cristine D. Bilocura
JD-III Moot Court
March 2017
I.
A. LABOR ARBITER
The following cases falls within the jurisdiction of the
Labor Arbiter: (a-f Article 224 of the Labor Code):
(1) Unfair labor practice (ULP) cases;
(2) Termination disputes (or illegal dismissal cases);
(3) Cases that workers may file involving wages, rates of
pay, hours of work and other terms and conditions of
employment, if accompanied with claim for reinstatement;
(4) Claims for actual, moral, exemplary and other forms of
damages arising from the employer-employee relations;
(5) Cases arising from any violation of Article 264 of this
Code, including questions involving the legality of strikes
and lockouts;
(6) Except claims for Employees Compensation, Social
Security, Medicare and maternity benefits, all other claims
arising from employer-employee relations, including those
of persons in domestic or household service, involving an
amount exceeding five thousand pesos (P5,000.00)
regardless of whether accompanied with a claim for
reinstatement;
(7) Wage distortion disputes in unorganized
establishments not voluntarily settled by parties pursuant to
Republic Act No. 6727;
(8) Enforcement of compromise agreements when there is
non-compliance by any of the parties pursuant to Article
227 of the Labor Code, as amended;
(9) Money claims arising out of employer-employee
relationship or by virtue of any law or contract, involving
Filipino workers for overseas deployment, including claims
for actual, moral, exemplary and other forms of damages as
provided by Section 10, Republic Act No. 8042, as amended
by Republic Act No. 10022; and
(10) Other cases as may be provided by law.
B.NATIONAL LABOR RELATIONS COMMISSION
NLRC exercises two kinds of jurisdiction: original and
exclusive appellate jurisdiction:
It has original jurisdiction of the following cases:
(1) Injunction in ordinary labor disputes to enjoin or
restrain any actual or threatened commission of any or all
prohibited or unlawful acts or to require the performance
of a particular act in any labor dispute which, if not
restrained or performed forthwith, may cause grave or
irreparable damage to any party;
(2) Injunction in strikes or lockouts under Article 264 of
the Labor Code;
(3) Certified labor disputes causing or likely to cause a
strike or lockout in an industry indispensable to the
national interest, certified to it by the Secretary of Labor
and Employment for compulsory arbitration.
G. NCMB
Jurisdiction
(1) EO no. 251
(a) The conciliation, mediation, and voluntary arbitration
functions of the Bureau of Labor Relations shall be
absorbed by the NCMB.
(b) It is with the CMB that notices of strike or lockout are
filed
Functions
(1) Formulate policies, programs, procedures, standards,
operation manuals and guidelines on effective mediation
and conciliation labor disputes
(2) Preventive mediation and conciliation functions
(3) Coordinate and maintain linkages with other sectors
and institutions and other government authorities
concerned with matters relative to the prevention and
settlement of labor disputes
(4) Formulate policies, plans, programs, standards,
procedures, operations manual and guidelines pertaining to
the promotion of cooperative and non-adversarial schemes,
grievance handling, voluntary arbitration and other
voluntary modes of dispute settlement
(5) Administer the voluntary arbitration program;
maintain/ update a list of voluntary arbitrations and compile
arbitration awards and decisions.
(6) Provide counseling and preventive mediation
assistance particular in the administration of collective
agreements
(7) Monitor and exercise technical supervision over BLR
programs implemented in regional offices
(8) Perform other function provided by law or assigned by
the DOLE Secretary
(9) Conducts certification election upon the filing of a
petition by a legitimate labor organization
(10) Can issue writs of execution
H. POEA
Jurisdiction
(1) All cases which are administrative in character,
involving or arising out of violations of rules and regulations
relating to licensing and registration of recruitment and
employment agencies/ entities
(2) Disciplinary actions against a worker for breach of
discipline, and other causes which are administrative in
character involving employers. Principals, contracting
partners, and Filipino migrant workers
Functions
(1) Formulate, implement, and monitor policies and
programs of overseas workers rights to fair and equitable
employment practices
(2) Deployment of Filipino workers through government-
to-government hiring
I. VOLUNTARY ARBITRATOR
Jurisdiction
(1) Upon agreement of the parties
Art. 224 (a) Except as otherwise provided under this
code, the Labor Arbiters shall have original and exclusive
jurisdiction over.
(a) To hear and decide all unresolved grievances from the
interpretation or implementation of the collective
bargaining agreement
(b) To hear and decide those arising from the
interpretation or enforcement of company personnel
policies
(c) All grievances submitted to the grievance machinery
which are not settled within 7 calendar days from the date
of its submission shall automatically be referred to VA
(d) Upon agreement of the parties, shall hear and decide
all other disputes including unfair labor practices and
bargaining deadlock
Functions
(1) Shall have the power to hold hearing, receive
evidences and take whatever action is necessary to resolve
the issue or issues subject of the dispute, including efforts
to effect a voluntary settlement between the parties
(2) Unless the parties agree otherwise, it shall be
mandatory for the voluntary aarbiter/ panel of voluntary
arbiters to render an award/ decision within 20 calendar
days from the date of submission of the dispute to voluntary
arbitrations
(3) Can issue writs of execution
II.
III.
IV.
V.
VII.
VIII.
Doctrine of impossibility under the law on
termination, explained.
The doctrine of impossibility is a commonly cited
ground for contract termination. This doctrine holds that a
party may be excused from a contractual obligation under
certain circumstances.
IX.
Period for the decision of the LA be final and
executory or the Commission be enforceable,
explained.
A decision or order may be executed upon motion
within five (5) years from the date it becomes final and
executory. After such period, the judgment becomes
dormant and may be executed by independent action before
the Regional Arbitration Branch of origin and within ten
(10) years from the date of finality. (SOURCE: Sec. 2, Rule
XI, 2011 NLRC Rules of Procedure, as amended)
IX.
XI.
XII.
XIII.
XIV.
XV.