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Management in Labor
Proceedings: Does it Violate the
Equal Protection Clause of the
Constitution?
By: Atty. Antonio A. Ligon, CPA, LLM
Professor, De La Salle University
RVR- COB
Outline
I
Labor Proceeding as compared to other
judicial proceeding ( jurisdiction)
II
Appeal
III Equal protection of the laws / Unjust enrichment
IV Conclusion & Recommendation
Filing of
Complai
nt
Arbitratio
n
1
Submission of
Memorand
um of
Parties
Submissi
on of
Position
Papers
2
Decision of the
NLRC
Hearin
g
Memorandu
m
3
Motion for
Reconsideratio
n of the NLRC
Decisio
n
4
Final Decision of
the NLRC
Comment /
Memorandu
m of the
other party
Appeal to the
Supreme Court
on pure
questions of law
CA
Decision
Decision of the
SC
SC
Motion for
Reconsiderati
on
Motion for
Reconsideratio
n
Final Decision
of the CA
Final
Decision
Dates to Remember:
Labor Arbiter
Mandatory Conference
must be terminated within 30 days from first conference
Labor Arbiter
NLRC
NLRCs decision
Petition
for certiorari
should be preceded by exhaustion of
Grounds
for certiorari:
administrative remedies
NLRC has acted without or in excess of its jurisdiction or
Certificate
non-forum
shopping is a requirement
with graveofabuse
of discretion
xxxx
The Sheriff shall serve the writ of execution upon the employer or any other person required by
law to obey the same. If he disobeys the writ, such employer or person may be cited for
contempt x x x
"
Nature of appeal :
Although appeal is an essential part of judicial
system, it has been held time and again, that the
right or part thereto is not constitutional , natural
inherent right or part of due process.
( Land Bank of the Philippines vs.CA, G.R. No. 190660,April 11, 2011)
SCRA 246 )
Labor :
Doubt as to the
interpretation of labor
laws and regulations in
favor of labor
(Art.4, Labor Code)
This is not limited to
interpretation of legal
provisions. It extends to
doubts as to evidence of
disputants.
well-settled doctrine
Nicario vs.
NLRC
Management:
Not automatically in favor of
labor
The law is protecting the rights of
the laborer authorizes neither
oppression nor self-destruction of
the employer.
More importantly while the
Constitution is committed to the
policy of social justice and the
protection of the working class, it
should not be supposed that every
labor dispute will automatically be
decided in favor of labor.
(Meralco vs. NLRC G.R. No.78763
July 12, 1989)
Thank you