MODULE 5 PART TWO:

SOCIAL LEGISLATION
(MIGRANT WORKERS, SSS/GSIS, LIMITED
PORTABILITY LAW, UNIV HEALTH CARE)

ADA ABAD 2021 UP LABOR LAW REVIEW MODULE5 PART2 AND 1

MODULE 6 JURISDICTION ACTIONS AND REMEDIES
MIGRANT WORKERS:
GENERAL PRINCIPLES
COMPENSABILITY OF
DEATH OR INJURY

DFA LECTURE 030615 2

Rule 1: LEX LOCI
CONTRACTUS OR
LEX LOCI
CELEBRATIONIS
The law of the
place where the
contract is made,
shall govern

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 3
JURISDICTION ACTIONS AND REMEDIES
J. LEONEN. Sameer Overseas Placement Agency
vs. Joy C. Cabiles, G.R. NO. 170139, 05 Aug 2014;
En Banc.

OFW & Lex loci contractus; Employees are

not stripped of their security of tenure when
they move to work in a different jurisdiction.

With respect to the rights of overseas

Filipino workers, we follow the principle of
lex loci contractus (the law of the place
where the contract is made) which governs
in this jurisdiction.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 4
JURISDICTION ACTIONS AND REMEDIES
First, established is the rule that lex loci contractus
(the law of the place where the contract is made)
governs in this jurisdiction. There is no question that
the contract of employment in this case was perfected
here in the Philippines. Therefore, the Labor Code, its
implementing rules and regulations, and other laws
affecting labor apply in this case.

Furthermore, settled is the rule that the courts of the

forum will not enforce any foreign claim obnoxious to
the forum's public policy. Here in the Philippines,
employment agreements are more than contractual in
nature. The Constitution itself, in Article XIII, Section 3,
guarantees the special protection of workers,||| (J.
Leonen, Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No.
170139, [August 5, 2014], 740 PHIL 403-459)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 5
JURISDICTION ACTIONS AND REMEDIES
Thus: DOCTRINE OF PROCESSUAL
PRESUMPTION OR “PRESUMED IDENTITY
APPROACH”

The party invoking the application of foreign

law has the burden of proof of proving that
foreign law.

If the foreign law is not pleaded, or even if

pleaded, is NOT proved, then the
presumption is that the foreign law is the
SAME as Philippine law. (Edi-staffbuilders vs. NLRC, GR
1445587, 26 Oct 2007)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 6
JURISDICTION ACTIONS AND REMEDIES
Rule 2: PRINCIPLE OF
INCORPORATION

the minimum labor standards and

benefits in Labor Code are
considered inherent in every
employer-employee relationship even
absent a written employment contract

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 7
JURISDICTION ACTIONS AND REMEDIES
Philasia Shipping Agency Corporation and/or Intermodal Shipping, Inc.
vs. Andres G. Tomacruz, G.R. No. 181180, 15 Aug 2012. -- The petitioners
are mistaken in their notion that only the POEA SEC should be considered in
resolving the issue involving a seafarer. The applicability of the Labor Code
provisions on permanent disability, particularly Article 192(c)(1), to seafarers, is
already a settled matter. Section 29 of the 1996 POEA Standard Employment
Contract itself provides that "all rights and obligations of the parties to the Contract,
including the annexes thereof, shall be governed by the laws of the Republic of the
Philippines, international conventions, treaties and covenants where the Philippines
is a signatory."

Even without this provision, a contract of labor is so

impressed with public interest that the New Civil Code
expressly subjects it to the "special laws on labor unions,
collective bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and similar
subjects."
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 8
JURISDICTION ACTIONS AND REMEDIES
 SECURITY OF TENURE

The right to work, and not to be terminated,

except for just/authorized cause and with due
process

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 9
JURISDICTION ACTIONS AND REMEDIES
There is no question that the contract of
employment in this case was perfected here in
the Philippines.

Therefore, the Labor Code, its implementing

rules and regulations, and other laws affecting
labor apply in this case. By our laws, overseas
Filipino workers (OFWs) may only be terminated
for a just or authorized cause and after
compliance with procedural due process
requirements.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 10
JURISDICTION ACTIONS AND REMEDIES
Rule 3:

Monetary claims of OFWs are

governed by the Republic Act No.
8042 as amended by Rep. Act No.
10022, and NOT the Labor Code.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 11
JURISDICTION ACTIONS AND REMEDIES
THEREFORE:

3.1. Reliefs such as reinstatement

with full backwages or
separation pay are NOT
applicable to OFWs because of
the contractual nature of their
employment

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 12
JURISDICTION ACTIONS AND REMEDIES
THEREFORE:

3.2. Monetary claims under Section

10 of RA 8042 will be available
ONLY for illegal termination
(without just or authorized
cause) but note peculiarity.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 13
JURISDICTION ACTIONS AND REMEDIES
 WHAT IS THE
PECULIARITY IN
MONETARY CLAIMS
FOR ILLEGALLY
DISMISSED OFWS?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 14
JURISDICTION ACTIONS AND REMEDIES
In case of termination of overseas employment
without just, valid or authorized cause as defined
by law or contract, the worker shall be entitled to:

1) the full reimbursement of his placement fee

with interest at twelve percent (12%) per
annum, PLUS
2) his salaries for the unexpired portion of his
employment contract OR for three (3) months
for every year of the unexpired term,
whichever is less. (Migrant Workers and Overseas
Filipinos Act of 1995, Republic Act No. 8042 , [June 7,
1995])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 15
JURISDICTION ACTIONS AND REMEDIES
SERRANO VS. GALLANT MARITIME RULING: SEC 10 OF
RA 8042 WAS DECLARED UNCONSTITUTIONAL AS IT IS
DISCRIMINATORY AND IN VIOLATION OF EQUAL
PROTECTION OF THE LAW.

”As the foregoing matrix readily shows, the subject clause ‘THREE
MONTHS FOR EVERY YEAR OF THE EXPIRED TERM, WHICHEVER
IS LESS’ classifies OFWs into two categories.

The first category includes OFWs with fixed-period employment

contracts of less than one year; in case of illegal dismissal, they are
entitled to their salaries for the entire unexpired portion of their
contract.
The second category consists of OFWs with fixed-period
employment contracts of one year or more; in case of illegal
dismissal, they are entitled to monetary award equivalent to only 3
months of the unexpired portion of their contracts.” (Serrano v. Gallant
Maritime Services, Inc., G.R. No. 167614, [March 24, 2009], 601 PHIL 245-324)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 16
JURISDICTION ACTIONS AND REMEDIES
To illustrate the disparity even more vividly, the Court assumes a
hypothetical OFW-A with an employment contract of 10 months at
a monthly salary rate of US$1,000.00 and a hypothetical OFW-B
with an employment contract of 15 months with the same monthly
salary rate of US$1,000.00.

Both commenced work on the same day and under the same
employer, and were illegally dismissed after one month of work.

Under the subject clause, OFW-A will be entitled to US$9,000.00,

equivalent to his salaries for the remaining 9 months of his
contract, whereas OFW-B will be entitled to only US$3,000.00,
equivalent to his salaries for 3 months of the unexpired portion of
his contract, instead of US$14,000.00 for the unexpired portion of
14 months of his contract, as the US$3,000.00 is the lesser
amount.

(Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614, [March 24, 2009], 601
PHIL 245-324) ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 17
JURISDICTION ACTIONS AND REMEDIES
 HOW MUCH CAN THE
ILLEGALLY
DISMISSED OFW
CLAIM BY WAY OF
SALARIES FOR
UNEXPIRED
PORTION OF
CONTRACT?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 18
JURISDICTION ACTIONS AND REMEDIES
ANSWER:

The illegally dismissed OFW is NOW

entitled to his all his salaries for the
ENTIRE UNEXPIRED PORTION of his
employment contract regardless of
the duration of his employment.
(Serrano vs. Gallant Maritime, ibid.)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 19
JURISDICTION ACTIONS AND REMEDIES
 WHAT IS THE EFFECT
OF THE
RE-ENACTMENT OF
SECTION 10 RA 8042
IN REP ACT NO.
10022 (2010)?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 20
JURISDICTION ACTIONS AND REMEDIES
Answer:

Re-enacment of the same

provision in RA 10022 cannot
cure the unconstitutionality of
the Section 10 of RA 8042.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 21
JURISDICTION ACTIONS AND REMEDIES
J. LEONEN. Sameer Overseas Placement
Agency vs. Joy C. Cabiles, G.R. NO. 170139, 05
Aug 2014; En Banc.

Section 10 of Republic Act No. 8042 has

already been declared unconstitutional
by the Supreme Court. It is thus null and
void, notwithstanding reincorporation or
re-enactment by the new law.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 22
JURISDICTION ACTIONS AND REMEDIES
IMPORTANT
LABOR
UPDATES
FOR
SEAFARERS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 23
JURISDICTION ACTIONS AND REMEDIES
J. Leonen. CASTILLON V. MAGSAYSAY MITSUI OSK
MARINE, INC., G.R. No. 234711, [March 2, 2020]

In resolving claims under the POEA Standard

Employment Contract, the element of
work-relatedness only demands a reasonable
link between the illness and the seafarer's
work.
It is not required that the seafarer's work
is the sole contributor or factor in the
aggravation of the illness. The test is only
reasonable proof of work-connection, and not
direct causation.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 24
JURISDICTION ACTIONS AND REMEDIES
 J. Leonen: ARIEL A. EBUENGA, vs . SOUTHFIELD AGENCIES, INC.,
Et al. [G.R. No. 208396. March 14, 2018.]

COMPENSABILITY FOR DISEASE:

Section 32-A.
OCCUPATIONAL DISEASES. — For an occupational disease and the
resulting disability or death to be compensable, all of the
following conditions must be satisfied:
(1) The seafarer's work must involve the risks described
herein;
(2) The disease was contracted as a result of the
seafarer's exposure to the described risks;
(3) The disease was contracted within a period of
exposure and under such other factors necessary to
contract it; and
(4) There was no notorious negligence on the part of the
seafarer. ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 25
JURISDICTION ACTIONS AND REMEDIES
 QUESTION: DO THE
PROVISIONS OF THE
LABOR CODE STILL
APPLY TO FILIPINO
OFWS WHO HAVE BEEN
DEPLOYED ABROAD
AND ARE RETRENCHED
BY THE FOREIGN
PRINCIPAL? (International
Management Services vs. Logarta, G.R. No.
163657, 18 April 2012)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 26
JURISDICTION ACTIONS AND REMEDIES
Answer: YES!

In the case at bar, despite the fact that

respondent was employed by Petrocon as
an OFW in Saudi Arabia, still both he and
his employer are subject to the provisions
of the Labor Code when applicable.

The basic policy in this jurisdiction

is that all Filipino workers, whether
employed locally or overseas, enjoy
the protective mantle of Philippine
labor and social legislations.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 27
JURISDICTION ACTIONS AND REMEDIES
Philippine Law recognizes retrenchment as a valid
cause for the dismissal of a migrant or overseas
Filipino worker under Article 283 of the Labor
Code.

Hence:

Foreign employer must comply with all

requirements for retrenchment,
separation pay and notice requirements.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 28
JURISDICTION ACTIONS AND REMEDIES
 QUESTION:
WHAT IS THE
EMPLOYMENT
STATUS OF
SEAFARERS?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 29
JURISDICTION ACTIONS AND REMEDIES
SEAFARERS
ARE
CONTRACTUAL
EMPLOYEES.
Antonio E. Unica vs. Anscor Swire
Ship Management Corp., G.R. No.
184318, 12 Feb 2014

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 30
JURISDICTION ACTIONS AND REMEDIES
J. Leonen. Manansala v. Marlow Navigation Phils., Inc.,
G.R. No. 208314, [August 23, 2017], 817 PHIL 84-116)
Filipinos hired as seafarers are contractual employees
whose employement is governed by their respective
contracts with their employers: "[t]heir employment is
governed by the contracts they sign every time
they are rehired and their employment is terminated
when the contract expires."
Seafarers must be registered with the Philippine
Overseas Employment Administration
(POEA). The POEA Standard Employment
Contract (POEA-SEC) must be executed
by seafarers and their employers "as a condition sine
qua non prior to the deployment for overseas
work" and is "deemed incorporated in [seafarer]
ADA ABAD 2021 UP LABOR LAW REVIEW
employment contract[s]."
MODULE5 PART2 AND MODULE 6 31
JURISDICTION ACTIONS AND REMEDIES
 WHAT HAPPENS IF
THE EMPLOYMENT
CONTRACT EXPIRES
WHILE IN THE
MIDDLE OF THE SEA?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 32
JURISDICTION ACTIONS AND REMEDIES
 When his contract expired
when he was still at sea, his
employment is automatically
terminated, there being no
mutually agreed renewal.

However, he is entitled to be
paid his wages after the
expiration of his contract
until the vessel’s arrival at a
convenient port. Antonio E. Unica
vs. Anscor Swire Ship Management Corp.,
G.R. No. 184318, 12 Feb 2014

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 33
JURISDICTION ACTIONS AND REMEDIES
Section 19 of the Standard Terms and Conditions Governing the
Employment of Filipino Seafarers on-Board Ocean Going Vessels
provides as follows:

“REPATRIATION. A. If the vessel is outside the

Philippines upon the expiration of the contract, the
seafarer shall continue his service on board until the
vessel’s arrival at a convenient port and/or after arrival
of the replacement crew; provided that, in any case, the
continuance of such service shall not exceed three
months. The seafarer shall be entitled to earned wages
and benefits as provided in his contract.”

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 34
JURISDICTION ACTIONS AND REMEDIES
 QUESTION: WHEN IS
THE CONTRACT
CONSIDERED
COMPLETELY
TERMINATED?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 35
JURISDICTION ACTIONS AND REMEDIES
Three (3) requirements that must concur for the
complete termination of the employment contract of
seafarers. APQ Ship Management Co., Ltd., et al vs. Angelito L. Caseñas, et al.
G.R. No. 197303, 04 June 2014

• Termination due to expiration or

other reasons/ causes;
• Signing off from the vessels; and
• Arrival at the point of hire.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 36
JURISDICTION ACTIONS AND REMEDIES
 QUESTION: WHAT
IF THE SEAFARER
IS NOT
REPATRIATED?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 37
JURISDICTION ACTIONS AND REMEDIES
ANSWER: Then the local agency and the foreign
principal may be held liable.
APQ Ship Management Co., Ltd., et al vs. Angelito L. Caseñas, et al. G.R. No. 197303, 04 June 2014

The obligations and liabilities of the local agency and its foreign
principal do not end upon the expiration of the contracted period
as they were duty bound to repatriate the seaman to the point of
hire to effectively terminate the contract of employment.

The original POEA-approved employment contract subsisted and,

thus, the solidary liability of the agent with the principal continued.
Any side agreement of an overseas contract worker with her
foreign employer is void as against public policy. The said side
agreement cannot supersede the POEA-SEC, and the solidary
liability subsists in accordance with section 10 of RA8042.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 38
JURISDICTION ACTIONS AND REMEDIES
 QUESTION: WHAT
IS THE LIABILITY
OF AGENCY AND
PRINCIPAL?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 39
JURISDICTION ACTIONS AND REMEDIES
ANSWER: Solidary liability of principal and agency.
(Migrant Workers and Overseas Filipinos Act of 1995, Republic Act No. 8042
, [June 7, 1995], as amended by Republic Act No. 10022)

The liability of the principal/employer and the

recruitment/placement agency for any and all claims
under this section shall be joint and several. This provision
shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval.

The performance bond to be filed by the recruitment/placement agency, as

provided by law, shall be answerable for all money claims or damages that
may be awarded to the workers. If the recruitment/placement agency is a
juridical being, the corporate officers and directors and partners as the case
may be, shall themselves be jointly and solidarily liable with the corporation
or partnership for the aforesaid claims and damages.

"Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution,
amendment or modification made locally or in a foreign country of the said
contract. ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 40
JURISDICTION ACTIONS AND REMEDIES
 QUESTION: WHAT
IF THE PRINCIPAL
CHANGES THE
CONTRACT UPON
ARRIVAL ABROAD?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 41
JURISDICTION ACTIONS AND REMEDIES
ANSWER: TO SUBSTITUTE POEA-CERTIFIED
CONTRACT CONSTITUTES ILLEGAL
RECRUITMENT. Princess Joy Placement and General Services
vs. Binalla, G.R. No. 197005, 04 June 2014

The POEA–certified contract –for all intents and purposes and

despite his claim that his signature on the certified contract was
forged – was the contract that governed Binalla’s employment with Al
Adwani as it was the contract that the Philippine government
officially recognized and which formed the basis of his deployment
to Saudi Arabia. Clearly, the four-year contract signed by Binalla was
substituted for the POEA–certified contract.

To substitute or alter employment contracts approved and verified by

DOLE is a prohibited practice under Article 34 (i) of the Labor Code.
Further, contract substitution constitutes illegal recruitment under
Article 38 (I) of the Code.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 42
JURISDICTION ACTIONS AND REMEDIES
SUPREME COURT CASES ON
COMPENSABILITY OF INJURY OR
ILLNESS OR DEATH OF SEAFARERS

• GENERAL PARAMETERS
• GENERAL PROCEDURES

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 43
JURISDICTION ACTIONS AND REMEDIES
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 44
JURISDICTION ACTIONS AND REMEDIES
GENERAL RULE:
If sickness resulting in death or disability
is among those listed in POEA-SEC Sec
32-A, then this is compensable.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 45
JURISDICTION ACTIONS AND REMEDIES
Exception: If not listed in
POEA SEC Sec 32-A, then
sickness is disputably
presumed to be work-related.

Burden is upon OFW (or

heirs) to prove reasonable
causal connection between
work and sickness.
POEA SEC, as well as the laws of the Republic of
the Philippines, international conventions, treaties
and covenants where the Philippines is a
signatory, are deemed automatically incorporated
into any employment contract entered into by a
Filipino OFW.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 46
JURISDICTION ACTIONS AND REMEDIES
Seafarer must establish that his injury or illness
rendered him permanently or partially disabled,
and that there is a causal connection between
such injury or illness and the work for which he
had been contracted. (Magsaysay Maritime Corp. vs. NLRC,
G.R. No. 186180, March 22, 2010, 616 SCRA 362.)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 47
JURISDICTION ACTIONS AND REMEDIES
 QUESTION: WHEN IS
THE INJURY, ILLNESS
OR DEATH NOT
COMPENSABLE?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 48
JURISDICTION ACTIONS AND REMEDIES
ANSWER:

• WHEN THE INJURY, ILLNESS OR DEATH IS

NOT REASONABLY CONNECTED OR LINKED
WITH WORK
• SELF-INFLICTED INJURY OR DEATH
• WHEN SEAFARER FAILS TO DISCLOSE A
PRE-EXISTING ILLNESS, CONSTITUTING
FRAUDULENT MISREPRESENTATION

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 49
JURISDICTION ACTIONS AND REMEDIES
 No compensation and benefits are payable
for injury, incapacity, disability or death from
OFW’S OWN WILLFUL ACT.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 50
JURISDICTION ACTIONS AND REMEDIES
Thus, Section 20 (D) of the POEA-SEC provides:

“No compensation and benefits shall be

payable in respect of any injury, incapacity,
disability or death of seafarer resulting
from his willful or criminal act or intentional
breach of his duties x x x.”

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 51
JURISDICTION ACTIONS AND REMEDIES
Crewlink vs. Editha Teringterring, G.R. No. 166803, 11
October 2012. -- Where death was due to willful act of
the OFW (who jumped into sea twice) even if arising out
of alleged mental illness (psychotic disorder, viz., mood
disorder bipolar type), then this is NOT compensable.

In the instant case, petitioner was able to

substantially prove that Jacinto's death was
attributable to his deliberate act of killing himself
by jumping into the sea.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 52
JURISDICTION ACTIONS AND REMEDIES
Meanwhile, respondent, other than her bare allegation that
her husband was suffering from a mental disorder, no
evidence, witness, or any medical report was given to
support her claim of Jacinto's insanity. The record does not
even show when the alleged insanity of Jacinto did start.

Homesickness and/or family problems may result to

depression, but the same does not necessarily equate
to mental disorder. The issue of insanity is a question of
fact; for insanity is a condition of the mind not
susceptible of the usual means of proof.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 53
JURISDICTION ACTIONS AND REMEDIES
GENERAL
GUIDELINES
IN DISABILITY
CLAIMS:

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 54
JURISDICTION ACTIONS AND REMEDIES
“The liabilities of the employer when the seafarer suffers
work-related injury or illness during the term of his contract
are as follows:

1. The employer shall continue to pay the seafarer his

wages during the time he is on board the vessel;

2. If the injury or illness requires medical and/or

dental treatment in a foreign port, the employer
shall be liable for the full cost of such medical,
serious dental, surgical and hospital treatment as
well as board and lodging until the seafarer is
declared fit to work or to repatriated.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 55
JURISDICTION ACTIONS AND REMEDIES
3. Upon sign-off from the vessel for medical
treatment, the seafarer is entitled to sickness
allowance equivalent to his basic wage until he
is declared fit to work or the degree of
permanent disability has been assessed by the
company-designated physician but in no case
shall this period exceed one hundred twenty
(120) days.

(extendible for 240 days for further evaluation; if no determination,

then considered permanent)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 56
JURISDICTION ACTIONS AND REMEDIES
For this purpose, the seafarer
shall submit himself to a
post-employment medical
examination by a
company-designated
physician within three working
days upon his return except
when he is physically
incapacitated to do so, in
which case, a written notice to
the agency within the same
period is deemed as
compliance.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 57
JURISDICTION ACTIONS AND REMEDIES
Failure of the seafarer to comply
with the mandatory reporting
requirement shall result in his
forfeiture of the right to claim the
above benefits.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 58
JURISDICTION ACTIONS AND REMEDIES
If a doctor appointed by the seafarer
disagrees with the assessment, a
third doctor may be agreed jointly
between the Employer and the
seafarer.

The third doctor’s decision shall be

final and binding on both parties.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 59
JURISDICTION ACTIONS AND REMEDIES
4. Those illnesses not listed in
Section 32 of the POEA Standard
Employment Contract are
disputably presumed as work
related.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 60
JURISDICTION ACTIONS AND REMEDIES
5. Upon sign-off of the seafarer from the
vessel for medical treatment, the employer
shall bear the full cost of repatriation in
the event the seafarer is declared (1) fit for
repatriation; or (2) fit to work but the
employer is unable to find employment for
the seafarer on board his former vessel or
another vessel of the employer despite
earnest efforts.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 61
JURISDICTION ACTIONS AND REMEDIES
6. In case of permanent total or partial
disability of the seafarer caused by
either injury or illness, the seafarer
shall be compensated in accordance
with the schedule of benefits arising
from an illness or disease shall be
governed by the rates and the rules of
compensation applicable at the time
the illness or disease was contracted.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 62
JURISDICTION ACTIONS AND REMEDIES
 RD
ON REFERRAL TO 3 DOCTOR:
IF ISSUE IS DEGREE OF DISABILITY OR RETURN TO
WORK TO SAME POSITION, THEN MAY BE
REFERRED TO 3RD PHYSICIAN

IF ISSUE IS ON “WORK-RELATEDNESS,” THEN NO

NEED TO REFER TO A 3RD PHYSICIAN. MAY
ALREADY FILE CASE WITH NLRC/POEA.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 63
JURISDICTION ACTIONS AND REMEDIES
 SSS AND GSIS:
COMPARATIVE MATRIX
PER 2021 SC BAR SYLLABUS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 64
JURISDICTION ACTIONS AND REMEDIES
 WHO ARE COVERED/INCLUDED:
SSS GSIS
1) ALL PRIVATE SECTOR EMPLOYEES not 1. ALL GOVERNMENT PERSONNEL,
over 60 years of age and their employers whether elective or appointive, temporary,
2) KASAMBAHAY who has rendered at least casual, permanent or contractual,
1 month of service receiving a basic pay or salary, and have
3) FILIPINO SEAFARER upon actual not reached the retirement age of 65
deployment by manning agency and
foreign principal shipowner
4) SELF-EMPLOYED persons, such as:
a) self-employed professionals
b) partners and single proprietors
c) actors and actresses, directors,
scriptwriters and news correspondents
who do not fall within the definition of the
term employee of this act
d) professional athletes, coaches, trainers and
jockeys
e) individual farmers and fishermen
f) informal sector workers (sidewalk vendors
etc)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 65
JURISDICTION ACTIONS AND REMEDIES
 WHO ARE EXCLUDED:
SSS GSIS
1. Government employees, including those of 1. Those who are not receiving basic pay or salary
GOCCs WITH original charters. but only honoraria, allowances or per diems

2. Private Employment which is purely CASUAL 2. Uniformed members of the AFP and the PNP
and not for the purpose of occupation or
business of the employer 3. Members of judiciary or constitutional
commissions, who shall have life insurance only
3. Filipino Seafarer

4. Filipinos employed by foreign govt or

international organization, EXCEPT when it
includes its employees with SSS for coverage

5. Temporary employees as may be defined by

the Commission

NOTE VOLUNTARY COVERAGE:

Separated members ; OFWs ; and
Non-working spouses of SSS members
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 66
JURISDICTION ACTIONS AND REMEDIES
 WHO ARE BENEFICIARIES:
SSS GSIS
A. PRIMARY BENEFICIARIES A. PRIMARY BENEFICIARIES

A.1. Legitimate spouse of SSS member, A.1. Legitimate spouse of GSIS member,
living with employee at time of dependent for support
latter’s death until he/she remarries A.2. Dependent legitimate, legitimated,
A.2. Dependent legitimate, legitimated, illegitimate, or legally adopted Children
illegitimate, or legally adopted not gainfully employed and not reached
Children ; not gainfully employed and not 21 years of age. If over 21, must be
reached 21 years of age. If over 21, must incapable of
be incapable of supporting himself,
mentally or physically

B. SECONDARY BENEFICIARIES B. SECONDARY BENEFICIARIES

B.1. Legitimate dependent parents B.1. Legitimate dependent parents and

B.2. In absence of parents, any other legitimate descendants subject to
person designated by the SSS restrictions on dependent children.
member.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 67
JURISDICTION ACTIONS AND REMEDIES
 BENEFITS:
SSS GSIS
1. Maternity 1. Separation
2. Sickness 2. Unemployment
3. Retirement
4. Disability
3. Retirement
5. Death 4. Disability
6. Funeral 5. Death
6. Funeral
7. Compulsory Life Insurance

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 68
JURISDICTION ACTIONS AND REMEDIES
SUPREME COURT CASES
AFFECTING THE SSS/SSC

2018 LABOR LAW BAR REVIEW 69

 MAY A LEGAL WIFE WHO HAS
BEEN SEPARATED DE FACTO
FROM HUSBAND AT THE TIME
OF THE LATTER’S DEATH, BE
CONSIDERED AS A
“DEPENDENT SPOUSE” FOR
PURPOSES OF CLAIMING
SSS DEATH BENEFITS?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 70
JURISDICTION ACTIONS AND REMEDIES
ANSWER: NO!

A wife who is proven to have been

separated de facto from her husband,
cannot be said to be dependent for
support upon the husband, absent
any showing of the contrary. (SSS vs
Aguas, GR NO. 165545, 27 February 2006)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 71
JURISDICTION ACTIONS AND REMEDIES
QUESTION:
Are biological parents precluded from
being a beneficiary of an adopted child,
when adoptive parent predeceases the
adopted child?
BARTOLOME VS. SSS AND SCANMAR MARITIME
SERVICES, G.R. No. 192531, 12 November 2014.

2018 LABOR LAW BAR REVIEW 72

2018 LABOR LAW BAR REVIEW 73
2018 LABOR LAW BAR REVIEW 74
John Corcol was employed as an electrician by
Scanmar Maritime Services on board vessel
Maersk Dansell, and duly enrolled under the
government’s Employees’ Compensation
Program (ECP).

While onboard ship, steel plates fell upon him

causing his untimely death in 2008.

Subsequently, John’s biological mother

Bernardina filed a claim for death benefits as
John was still single and childless at the time of
his death at age 25.
2018 LABOR LAW BAR REVIEW 75
SSS and ECC denied claim
• John was legally adopted by Cornelio
Colcol, Bernardina’s grandfather, by virtue
of a decree of adoption.

• The adoption decree severed the relation

between John and biological mother
Bernardina, effectively divesting her of the
status of a legitimate parent, and,
consequently, that of being a secondary
beneficiary.

2018 LABOR LAW BAR REVIEW 76

 Basis:
“dependent parent” referred to under
Article 167 (j) of Labor Code refers to
“legitimate parent” of the covered
member, as provided for by Rule XV,
Section 1[ c] [1] of the Amended Rules
on Employees’ Compensation.

2018 LABOR LAW BAR REVIEW 77

ART. 167, Labor Code on ECSIF. Definition of terms. – As
used in this Title unless the context indicates otherwise:
xxxx
(j) 'Beneficiaries' means the dependent spouse until
he remarries and dependent children, who are the
primary beneficiaries. In their absence, the dependent
parents and subject to the restrictions imposed on
dependent children, the illegitimate children and
legitimate descendants who are the secondary
beneficiaries; Provided, that the dependent
acknowledged natural child shall be considered as a
primary beneficiary when there are no other dependent
children who are qualified and eligible for monthly
income benefit. (Emphasis supplied)
2018 LABOR LAW BAR REVIEW 78
ECC has issued the Amended Rules on Employees’ Compensation, interpreting
the above-cited provision as follows:

RULE XV – BENEFICIARIES

SECTION 1. Definition. (a) Beneficiaries shall be either

primary or secondary, and determined at the time of
employee’s death.

(b) The following beneficiaries shall be considered primary:

(1) The legitimate spouse living with the employee at the
time of the employee’s death until he remarries; and
(2) Legitimate, legitimated, legally adopted or acknowledged
natural children, who are unmarried not gainfully employed,
not over 21 years of age, or over 21 years of age xxx.”

2018 LABOR LAW BAR REVIEW 79

(c) The following beneficiaries shall be
considered secondary:
(1) The legitimate parents wholly

dependent upon the employee for

regular support;
(2) Thelegitimate descendants and illegitimate
children who are unmarried, not gainfully
employed, and not over 21 years of age, or
over 21 years of age providedthat he is
incapacitated and incapable of self - support
dueto physical or mental defect which is
congenital or acquired during minority.
(Emphasis supplied)
2018 LABOR LAW BAR REVIEW 80
Issue:

Is the Amended Rules on

Employees’ Compensation
qualifying only the “legitimate
parent” as second beneficiary
correct?

2018 LABOR LAW BAR REVIEW 81

Answer: SSC incorrect!

Administrative or executive acts,

orders and regulations shall be
valid only when they are not
contrary to the laws or the
Constitution.

2018 LABOR LAW BAR REVIEW 82

Examining the Amended Rules on
Employees’ Compensation in light of the
Labor Code, as amended, it is at once
apparent that the ECC indulged in an
unauthorized administrative legislation.

In net effect, the ECC read into Art.

167 of the Labor Code an
interpretation not contemplated by
the provision.
2018 LABOR LAW BAR REVIEW 83
The term "parents" in the phrase "dependent
parents" in the afore-quoted Article 167 (j) of
the Labor Code is used and ought to be taken
in its general sense and cannot be unduly
limited to "legitimate parents" as what the
ECC did.

The phrase "dependent parents" should,

therefore, include all parents , whether
legitimate or illegitimate and whether by
nature or by adoption.

2018 LABOR LAW BAR REVIEW 84

When the law does not
distinguish, one should not
distinguish.
Plainly, "dependent parents" are
parents, whether legitimate or
illegitimate, biological or by
adoption, who are in need of
support or assistance.
2018 LABOR LAW BAR REVIEW 85
QUESTION:

Whether or not the non-appearance

of the first (legal) wife despite
notice, could be considered a waiver
to claim of death benefits, thereby
allowing the second wife to the
same?

2018 LABOR LAW BAR REVIEW 86

SOCIAL SECURITY COMMISSION VS.
EDNA A. AZOTE, G.R. No. 209741,
15 April 2015.

ANG MAKULAY NA BUHAY

NI EDGARDO AZOTE

ADA ABAD: LABOR STANDARDS MODULE 87

2018 LABOR LAW BAR REVIEW 88
Facts:

Edgardo Azote married Edna in civil

rites in 1992, and had six children
during their marriage. In his SSS Form
E-4, Edgardo named Edna and their
children as beneficiaries.

When Edgardo died in 2005, Edna filed

her claim for death benefits with the
SSS.
2018 LABOR LAW BAR REVIEW 89
SSS denied her claim.
Records reveal that Edgardo had
previously filed an SSS Form E-4 in
1982, naming a certain Rosemarie
Azote and Elmer Azote as spouse and
dependent respectively.

However, Edna’s children were

adjudged legal beneficiaries of
Edgardo, with Edna as legal guardian
of minor children.
2018 LABOR LAW BAR REVIEW 90
Not satisfied, Edna elevated issue to SCC
claiming that she was the legal wife.

Summons was published in a newspaper

of general publication, directing
Rosemarie to file her Answer.

Rosemarie never appeared and hence,

was declared in default.

2018 LABOR LAW BAR REVIEW 91

SSC still denied Edna’s claim.
Position: Upon NSO confirmation, Edgardo was
indeed previously married to Rosemarie and
which marriage was registered in 1982. As such,
marriage between Edna and Edgardo was not
valid as there was no showing that first marriage
had been annulled or dissolved.

CA REVERSED SCC!

2018 LABOR LAW BAR REVIEW 92

WHO WAS CORRECT:
SSC OR CA?

SUPREME COURT:
FOR SSC.

2018 LABOR LAW BAR REVIEW 93

The Social Security Law (Rep Act No. 1161 as
amended by Rep Act No. 8282) explicitly
provides that only the legal spouse is
entitled to receive benefits from its
deceased member.
In this case, there is concrete proof that
Edgardo contracted an earlier marriage with
Rosemarie. It is thus clear that the second
marriage is null and void for having been
contracted during the subsistence of a
previous marriage.
2018 LABOR LAW BAR REVIEW 94
It was incumbent upon
Edna to establish that
there was no impediment
to her marriage with
Edgardo.

It is also of no moment
that the first wife
Rosemarie did NOT
participate or oppose
Edna’s claim. Her
non-participation did NOT
cure or legitimize the
status of Edna.
2018 LABOR LAW BAR REVIEW 95
 DEATH OR DISABILITY DUE
TO WORK-RELATED ILLNESS

2018 LABOR LAW BAR REVIEW 96

EDILBERTO GOMERA VS. SOCIAL SECURITY SYSTEM, G.R. No. 183264, 26 January 2015.

Burden of proof is upon the claimant to

establish that the illness (hypertension) is
work-related before he may avail of disability
benefits.
Employee Gomera has failed to present competent
evidence, such as medical records of physician’s
reports to objectively substantiate his claim that there is
a reasonable link between his work and his ailment. His
bare allegations do not, by themselves, make his illness
compensable.

2018 LABOR LAW BAR REVIEW 97

ESTRELLA D.S. BANEZ VS. SOCIAL SECURITY SYSTEM AND
DELA SALLE UNIVERSITY, G.R. No. 189574, 18 July 2014.

In order for a beneficiary of an employee

to be entitled to death benefits under the
SSS, the cause of death of the employee
must be a sickness listed as an
occupational disease by the ECC; or any
other illness caused by employment,
subject to proof that the risk of
contracting the same is increased by the
working conditions.

2018 LABOR LAW BAR REVIEW 98

In this case, Systempic Lupus Erythematosus (SLE) is
NOT listed as an occupational disease, and hence,
Estrella has to prove by substantial evidence the
causal relationship between her husband’s illness
and his working conditions.

Despite having submitted a toxicology report, there is

nothing on record proving the causal relationship
between Baylon’s work as a laboratory technician at
the Chemistry Department of De La Salle University.
Having failed that, the claim must perforce be
denied.

2018 LABOR LAW BAR REVIEW 99

 PORTABILITY LAW
REPUBLIC ACT NO. 7699 [MAY 1, 1994]
AN ACT INSTITUTING LIMITED PORTABILITY SCHEME
IN THE SOCIAL SECURITY INSURANCE SYSTEMS BY
TOTALIZING THE WORKERS' CREDITABLE SERVICES
OR CONTRIBUTIONS IN EACH OF THE SYSTEMS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 100
JURISDICTION ACTIONS AND REMEDIES
"Portability" shall refer to the transfer of
funds for the account and benefit of a
worker who transfers from one system to
the other. (Sec 2 (b), Portability Law, Republic Act No. 7699, [May 1,
1994])

"Contributions" shall refer to the

contributions paid by the employee or worker to
either the Government Service Insurance
System (GSIS) or the Social Security System
(SSS) on account of the worker's membership.
(Sec 2 (a), Portability Law, Republic Act No. 7699, [May 1, 1994])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 101
JURISDICTION ACTIONS AND REMEDIES
Coverage

All members of GSIS and/or SSS who:

a) Transfers from one sector to
another, OR is employed in both
sectors
(b) Who wish to retain their
membership in both systems

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 102
JURISDICTION ACTIONS AND REMEDIES
WHAT IS THE EFFECT OF PORTABILITY?

A covered worker shall have his creditable

services or contributions in both Systems
credited to his service or contribution record in
each of the Systems, and shall be totalized for
purposes of old-age, disability, survivorship and
other benefits in case the covered member does
not qualify for such benefits in either or both
Systems without totalization: Provided, however,
That overlapping periods of membership shall be
credited only once for purposes of
totalization. (Sec 3, Portability Law, Republic Act No. 7699, [May 1,
1994])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 103
JURISDICTION ACTIONS AND REMEDIES
"Totalization" shall refer to the
process of adding up the periods of
creditable services or contributions
under each of the Systems, for
purposes of eligibility and
computation of benefits. (Sec 2 (e),
Portability Law, Republic Act No. 7699, [May 1, 1994])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 104
JURISDICTION ACTIONS AND REMEDIES
WHEN IS TOTALIZATION
APPLICABLE?

• If a worker is not qualified for any benefits

from both Systems
• If a worker in the public sector is not
qualified for any benefits from the GSIS
• If a worker in the private sector is not
qualified for any benefits from the SSS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 105
JURISDICTION ACTIONS AND REMEDIES
UNIVERSAL HEALTH CARE ACT
REPUBLIC ACT NO. 11223 [February 20, 2019])
AN ACT INSTITUTING UNIVERSAL HEALTH CARE FOR ALL
FILIPINOS, PRESCRIBING REFORMS IN THE HEALTH CARE
SYSTEM

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 106
JURISDICTION ACTIONS AND REMEDIES
On February 2019, President Rodrigo R. Duterte signed
the Universal Health Care Bill into law, ushering in
massive reforms in the Philippine health sector.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 107
JURISDICTION ACTIONS AND REMEDIES
Among the salient features of the UHC law
are the expansion of population, service,
and financial coverage through an array of
health system amendments.

Along with this is a planned paradigm shift

to primary care, which is the core and center
of all health reforms under the UHC.
Accessed at DOH website
https://doh.gov.ph/uhc?gclid=Cj0KCQjwlMaGBhD3ARIsAPvWd6jO-Wqn1RO5Kz714rqGLRRV3C7O6_gW
tZs5kN3QjRdOGFbDyCMrZ7waAu7VEALw_wcB

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 108
JURISDICTION ACTIONS AND REMEDIES
 WHAT IS THE
OBJECTIVE
OF THE
UNIVERSAL
HEALTH CARE
ACT?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 109
JURISDICTION ACTIONS AND REMEDIES
SECTION 3. General Objectives. —
This Act seeks to:
(a) Progressively realize universal health care in the
country through a systemic approach and clear
delineation of roles of key agencies and
stakeholders towards better performance in
the health system; and
(b) Ensure that all Filipinos are guaranteed
equitable access to quality and
affordable health care goods and services,
and protected against financial risk.
||| (Universal Health Care Act, Republic Act No. 11223, [February 20, 2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 110
JURISDICTION ACTIONS AND REMEDIES
 WHO ARE
COVERED BY
THE UNIVERSAL
HEALTH CARE
ACT?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 111
JURISDICTION ACTIONS AND REMEDIES
 SECTION 5. Population Coverage.
— Every Filipino citizen shall be
automatically included into the
National Health Insurance
Program (NHIP), hereinafter
referred to as the Program.
(Universal Health Care Act, Republic Act No. 11223, [February 20,
|||

2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 112
JURISDICTION ACTIONS AND REMEDIES
 WHAT
BENEFITS CAN
WE GET UNDER
THE UNIVERSAL
HEALTH CARE
ACT?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 113
JURISDICTION ACTIONS AND REMEDIES
 SECTION 6. Service Coverage. — (a) Every
Filipino shall be granted immediate eligibility
and access to preventive, promotive,
curative, rehabilitative, and palliative care for
medical, dental, mental and
emergency health services, delivered either
as population-based or
individual-based health services: Provided,
That the goods and services to be included
shall be determined through a fair and
transparent HTA process
||| (Universal Health Care Act, Republic Act No. 11223, [February 20, 2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 114
JURISDICTION ACTIONS AND REMEDIES
 WHAT DO YOU
MEAN BY A
PRIMARY
CARE-FOCUSED
HEALTH SYSTEM?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 115
JURISDICTION ACTIONS AND REMEDIES
In a primary care-focused health system, the
frontline of health services will be strengthened so
that every Filipino will have a trusted primary care
provider.

The primary care provider will be the initial and

continuing point-of-contact of patients/clients with
the health system. He/She will provide the needed
basic health services.

If higher-level health services are needed, the

primary care provider will refer patients/clients to a
health care provider that can give the appropriate
care.
Accessed at DOH website FAQs on UHC
https://doh.gov.ph/uhc?gclid=Cj0KCQjwlMaGBhD3ARIsAPvWd6jO-Wqn1RO5Kz714rqGLRR
V3C7O6_gWtZs5kN3QjRdOGFbDyCMrZ7waAu7VEALw_wcB
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 116
JURISDICTION ACTIONS AND REMEDIES
 HOW WILL THE
FILIPINO CITIZEN
GET SAID ACCESS
TO PRIMARY
HEALTH CARE?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 117
JURISDICTION ACTIONS AND REMEDIES
Sec 6 (d). Every Filipino SHALL
REGISTER with a public or private
primary care provider of choice. The
DOH shall promulgate the guidelines on
the licensing of primary care providers
and the registration of every Filipino to
a primary care provider.|||
(Universal Health Care Act, Republic Act No. 11223, [February 20, 2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 118
JURISDICTION ACTIONS AND REMEDIES
 HOW WILL THE
UNIVERSAL HEALTH
CARE ACT BE
FINANCED?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 119
JURISDICTION ACTIONS AND REMEDIES
SECTION 7. Financial Coverage. — (a)
Population-based health services shall be
financed by the National Government through
the DOH and provided free of charge at
point of service for all Filipinos.
The National Government shall support LGUs
in the financing of capital investments and
provision of population-based interventions.
(Universal Health Care Act, Republic Act No. 11223, [February 20,
2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 120
JURISDICTION ACTIONS AND REMEDIES
Here are the fund sources that can be tapped to
finance the implementation of the UHC Act:

a. Increasing revenues from tobacco, alcohol,

sugar-sweetened beverages taxes
b. Funds from Philippine Charity Sweepstakes
Office (PCSO), Philippine Amusement and
Gaming Corporation (PAGCOR), and Department
of Health Medical Assistance Program (DOH
MAP), etc.
c. Annual appropriations of the DOH
d. Proposed increased premium rates and collection
efficiency in Philhealth
e. Supplemental funding
Accessed at DOH website FAQs on UHC
https://doh.gov.ph/uhc?gclid=Cj0KCQjwlMaGBhD3ARIsAPvWd6jO-Wqn1RO5Kz714rqGLRRV3C7O6_gWt
Zs5kN3QjRdOGFbDyCMrZ7waAu7VEALw_wcB ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 121
JURISDICTION ACTIONS AND REMEDIES
 ARE ALL FILIPINOS
MEMBERS OF
PHILHEALTH? DO FAMILIES
STILL NEED TO
REGISTER/ENLIST WITH
PHILHEALTH?

All Filipinos are now

members of PhilHealth.
Families who are not yet
registered/enlisted with
PhilHealth will be assisted
by their health care provider
with the next steps.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 122
JURISDICTION ACTIONS AND REMEDIES
 IS THE PHILHEALTH ID
REQUIRED IN AVAILING
BENEFITS?

No! A Philhealth
identification card is
not required to avail of
any health services

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 123
JURISDICTION ACTIONS AND REMEDIES
 SECTION 9. Entitlement to Benefits. — Every member
shall be granted immediate eligibility
for health benefit package under the Program:
• Provided, That PhilHealth Identification Card shall
not be required in the availment of
any health service:
• Provided, further, That no co-payment shall be
charged for services rendered in basic or ward
accommodation:
• Provided, furthermore, That co-payments and
co-insurance for amenities in public hospitals shall
be regulated by the DOH and PhilHealth: Provided,
finally, That the current PhilHealth package for
members shall not be reduced.
||| (Universal Health Care Act, Republic ActUPNo.
ADA ABAD 2021 11223,
LABOR [February 20, 2019])
LAW REVIEW
MODULE5 PART2 AND MODULE 6 124
JURISDICTION ACTIONS AND REMEDIES
 DO WE STILL NEED
TO PAY OUR
PHILHEALTH
CONTRIBUTIONS?

YES, if you are a

direct contributor.
NO, if indirect
contributor.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 125
JURISDICTION ACTIONS AND REMEDIES
 WHAT IS A DIRECT
CONTRIBUTOR?

WHAT IS AN
INDIRECT
CONTRIBUTOR?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 126
JURISDICTION ACTIONS AND REMEDIES
Direct contributors refer to those
who have the capacity to pay
premiums, are gainfully employed and
are bound by an employer-employee
relationship, or are self-earning,
professional practitioners, migrant
workers, including their qualified
dependents, and lifetime
members;||| (Section 4 (f), Universal Health Care Act,
Republic Act No. 11223, [February 20, 2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 127
JURISDICTION ACTIONS AND REMEDIES
Indirect contributors refer to all others
not included as direct contributors, as
well as their qualified dependents, whose
premium shall be subsidized by the
national government including those who
are subsidized as a result of special
laws;||| (Section 4 (o), Universal Health Care Act, Republic Act No.
11223, [February 20, 2019])

Examples of indirect contributors: They include indigents identified

by the DSWD, beneficiaries of the Conditional Cash Transfer Program, and
those identified in special groups, such as senior citizens, persons with
disabilities, and Sangguniang Kabataan officers. Their monthly payment in
PhilHealth are covered by the national government. (DOH FAQs ibid.)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 128
JURISDICTION ACTIONS AND REMEDIES
 SECTION 8. Program Membership. — Membership into the
Program shall be simplified into two (2) types, direct
contributors and indirect contributors, as defined in Section 4
of this Act.
SECTION 9, PAR 2. -- PhilHealth shall provide additional
Program benefits for direct contributors, where
applicable: Provided, That failure to pay premiums shall not
prevent the enjoyment of any Program benefits: Provided,
further, That employers and self-employed direct contributors
shall be required to pay all missed contributions with an
interest, compounded monthly, of at least three percent (3%)
for employers and not exceeding one and one-half percent
(1.5%) for self-earning, professional practitioners, and migrant
workers.
(Universal Health Care Act, Republic Act No. 11223, [February 20,
|||

2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 129
JURISDICTION ACTIONS AND REMEDIES
Sec 38 (d). Any employer who:
(1) Deliberately or through inexcusable negligence,
fails or refuses to register employees regardless of
their employment status, accurately and timely
deduct contributions from the employee's
compensation or to accurately and timely remit or
submit the report of the same to PhilHealth shall be
punished with a fine of Fifty thousand pesos
(P50,000.00) for every violation per affected
employee, or imprisonment of not less than six (6)
months but not more than one (1) year, or both such
fine and imprisonment, at the discretion of the
court.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 130
JURISDICTION ACTIONS AND REMEDIES
Any employer or any officer authorized to collect
contributions under this Act who, after collecting or
deducting the monthly contributions from the
employee's compensation, fails or refuses for whatever
reason to accurately and timely remit the contributions
to PhilHealth within thirty (30) days from due date shall
be presumed prima facie, to have misappropriated the
same and is obligated to hold the same in trust for and
in behalf of the employees and PhilHealth, and is
immediately obligated to return or remit the amount.
If the employer is a juridical person, its officers and
employees or other representatives found to be
responsible, whether they acted negligently or with
intent, or have directly or indirectly caused the
commission of the violation, shall be liable.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 131
JURISDICTION ACTIONS AND REMEDIES
(2) Deducts, directly or indirectly, from the compensation of
the covered employees or otherwise recover from them
the employer's own contribution on behalf of such
employees shall be punished with a fine of Five thousand
pesos (P5,000.00) multiplied by the total number of
affected employees or imprisonment of not less than six
(6) months but not more than one (1) year, or both such
fine and imprisonment, at the discretion of the court.
If the unlawful deduction is committed by an association,
partnership, corporation or any other institution, its
managing directors or partners or president or general
manager, or other persons responsible for the commission
of the act shall be liable for the penalties provided for in
this Act. (Universal Health Care Act, Republic Act No. 11223, [February 20,
2019])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 132
JURISDICTION ACTIONS AND REMEDIES
 END OF MODULE 5
PART TWO: SOCIAL LEGISLATION
(MIGRANT WORKERS, SSS/GSIS,
LIMITED PORTABILITY LAW and
UNIVERSAL HEALTH CARE)

ADA ABAD 2021 UP LABOR LAW REVIEW MODULE5 PART2 AND 133
MODULE 6 JURISDICTION ACTIONS AND REMEDIES
START OF MODULE 6
JURISDICTION,
ACTION AND REMEDIES

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 134
JURISDICTION ACTIONS AND REMEDIES
TWO ELEMENTS

1. EMPLOYER-EMPLOYEE
RELATIONSHIP

2. REASONABLE
CAUSAL CONNECTION
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 135
JURISDICTION ACTIONS AND REMEDIES
 REASONABLE
CAUSAL CONNECTION
Under this rule, if there is a reasonable
causal connection between the claim
asserted and the employer-employee
relations, then the case is within the
jurisdiction of our labor courts. In the
absence of such nexus, it is the regular
courts that have jurisdiction.
ADA ABAD UP LABOR BAR REVIEW
05202021
 ADA’S TIP ON
HOW TO DECIDE
ON
JURISDICTION

ADA ABAD UP LABOR BAR REVIEW

05202021
In determining the nature of
the case, check the principal
relief/ prayer sought by the
complainant.

That is the main factor that

determines jurisdiction.

ADA ABAD UP LABOR BAR REVIEW

05202021
If the character of the principal
relief sought is to be resolved by
reference to Labor Code or social
legislation AND NOT by civil or
criminal law, then LABOR courts
will have jurisdiction.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 139
JURISDICTION ACTIONS AND REMEDIES
If the character of the principal
relief sought is to be resolved by
reference by civil or criminal law,
then LABOR courts will NOT have
jurisdiction.

This may happen despite

existence of employer-employee
relationship.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 140
JURISDICTION ACTIONS AND REMEDIES
2014 CASE: Indophil Textile Mills Vs. Adviento, G.R.
No. 171212, 04 August 2014 – definition of reasonable
causal connection

Facts: Adviento was

hired as Civil
Engineer (of
Indophil, whose
primary business is
the manufacture of
textiles. Adviento
developed a chronic
allergy on account of
the textile dust.
ADA ABAD UP LABOR BAR REVIEW
05202021
 CASE RELIEF JURISDICTION
SMART VS. REPLEVIN; RETURN OF THE REGIONAL
ASTORGA CAR OF THE MANAGER TRIAL COURT
GRANDTEQ VS. ILLEGAL TERMINATION WITH LABOR
MARGALLO PRAYER FOR REIMBURSEMENT ARBITER
OF DOWNPAYMENT FOR CAR
INDOTEXTILE DAMAGES FOR COMPANY’S REGIONAL
VS. ADVIENTO FAILURE TO PROVIDE SAFE TRIAL COURT
AND HEALTHY WORKING
ENVIRONMENT
MALAYAN VS REPLEVIN; RETURN OF THE REGIONAL
ALIBUDBUD CAR OF THE MANAGER TRIAL COURT

ADA ABAD UP LABOR BAR REVIEW

05202021
 OVERVIEW OF
DOLE STRUCTURE

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 143
JURISDICTION ACTIONS AND REMEDIES
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 144
JURISDICTION ACTIONS AND REMEDIES
 DOLE
OSEC

BUREAU OF BUREAU OF REGIONAL

LABOR WORKING OFFICES
RELATIONS CONDITIONS (REGIONAL
DIRECTOR)

UNION LABOR STANDARDS • MEDIATION &

REGISTRATION AND AND APPEALS ARBITRATION
WORKER REVIEW • RESOLUTION OF
EMPOWERMENT
SMALL MONEY
CLAIMS
•RESOLUTION OF
VIOLATION OF
LABOR STANDARDS
CASES
•LABOR STANDARDS
ENFORCEMENT
•REGISTRATION OF
ADA ABAD 2021 UP LABOR LAW REVIEW UNIONS AND CBA
MODULE5 PART2 AND MODULE 6 145
JURISDICTION ACTIONS AND REMEDIES
 DOLE
OSEC

NLRC NCMB POEA

ILLEGAL PREVENTIVE LICENSING

TERMINATION MEDIATION AND
MONETARY REGULATION
CLAIMS CONCILIATION/ OF AGENCIES
UNFAIR LABOR MEDIATION
PRACTICES RECRUITMENT
WAGE DISTORTION VOLUNTARY AND
POEA CLAIMS ARBITRATION PLACEMENT

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 146
JURISDICTION ACTIONS AND REMEDIES
ISSUES/CLAIMS:
• NON-PAYMENT OF WAGES
• NON-COMPLIANCE WITH
MINIMUM STANDARDS
• NON-PAYMENT OF BENEFITS
• NON-COMPLIANCE WITH
WELFARE BENEFITS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 147
JURISDICTION ACTIONS AND REMEDIES
• CREATION OF A UNION OR
WORKERS’ ASSOCIATION
• REGISTRATION OF UNION
• CANCELLATION OF UNION
REGISTRATION
• CERTIFICATION ELECTIONS AND
INTER-UNION CONTROVERSIES
(UNION VS. UNION)
• INTRA-UNION CONTROVERSIES
(UNION MEMBERS VS. UNION
OFFICERS) ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 148
JURISDICTION ACTIONS AND REMEDIES
• ILLEGAL STRIKES OR
LOCK-OUTS
• UNFAIR LABOR PRACTICES
• INJUNCTION
• ILLEGAL SUSPENSION OR
TERMINATION
• ASSUMPTION OF JURISDICTION
OR CERTIFICATION FOR
COMPULSORY ARBITRATION
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 149
JURISDICTION ACTIONS AND REMEDIES
• REGISTRATION OF RECRUITMENT
OR EMPLOYMENT AGENCIES
• CANCELLATION OF REGISTRATION
OF RECRUITMENT/EMPLOYMENT
AGENCIES
• COMPENSABILITY OF CLAIMS FOR
DEATH, DISEASE OR DISABILITY

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 150
JURISDICTION ACTIONS AND REMEDIES
 JURISDICTION,
ACTIONS,
REMEDIES
AND PROCEEDINGS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 151
JURISDICTION ACTIONS AND REMEDIES
 FLOWCHART OF LABOR CASES
Single Entry Approach or SEnA" refers to an
SINGLE ENTRY administrative approach to provide a speedy,
APPROACH impartial, inexpensive and accessible settlement
(SENA) procedure of all labor issues or conflicts to
prevent them from ripening into full blown
disputes. Conciliation-mediation process shall
be utilized as immediate intervention to effect
amicable settlement among the differing
parties. (The Rules of Procedure of the Single Entry Approach
(SEnA), [February 25, 2011])

LABOR ARBITER; next slide:

ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 152
JURISDICTION ACTIONS AND REMEDIES
FLOWCHART OF LABOR CASES
LABOR ARBITER:
TERMINATION CASES, MONETARY
CLAIMS, UNFAIR LABOR PRACTICES
PROHIBITED ACTIVITIES; ILLEGALITY OF
STRIKE; WAGE DISTORTION IN
UNORGANIZED COMPANIES; POEA
CLAIMS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 153
JURISDICTION ACTIONS AND REMEDIES
 FLOWCHART OF LABOR CASES

LABOR ARBITER:
ALL DECISIONS OF LABOR ARBITER, PLUS
ALL DECISIONS OF REGIONAL
DIRECTORS/HEARING OFFICERS ON SMALL
MONETARY CLAIMS

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 154
JURISDICTION ACTIONS AND REMEDIES
• MOTION FOR RECONSIDERATION OF NLRC
DECISION
• RULE 65, PETN FOR CERTIORARI ;
GRAVE ABUSE OF DISCRETION AMOUNTING TO
LACK OR EXCESS OF JURISDICTION 🡪 60 days
• EXECUTION OF NLRC DECISION (IF NO TRO BY
COURT OF APPEALS)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 155
JURISDICTION ACTIONS AND REMEDIES
RULE 45, PETITION FOR REVIEW ON
CERTIORARI; ONLY QUESTIONS OF LAW
🡪 15 days from receipt of CA Decision

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 156
JURISDICTION ACTIONS AND REMEDIES
EXECUTION OF DECISION
•WRIT OF EXECUTION
• GARNISHMENT
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 157
JURISDICTION ACTIONS AND REMEDIES
 FLOWCHART OF LABOR CASES
Single Entry Approach or SEnA" refers to an
SINGLE ENTRY administrative approach to provide a speedy,
APPROACH impartial, inexpensive and accessible settlement
(SENA) procedure of all labor issues or conflicts to
prevent them from ripening into full blown
disputes. Conciliation-mediation process shall
be utilized as immediate intervention to effect
amicable settlement among the differing
parties. (The Rules of Procedure of the Single Entry Approach
(SEnA), [February 25, 2011])

LABOR ARBITER; next slide:

ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 158
JURISDICTION ACTIONS AND REMEDIES
DOLE DEPARTMENT ORDER NO. 151-16, SENA
IRR (Implementing Rules and Regulations of Republic Act
No. 10396, or "An Act Strengthening Conciliation-Mediation
as a Voluntary Mode of Dispute Settlement for All Labor
Cases)

SECTION 3. Scope and Coverage. — All

issues arising from labor and employment
shall be subject to the 30-day mandatory
conciliation-mediation, EXCEPT as
otherwise provided.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 159
JURISDICTION ACTIONS AND REMEDIES
WHEN APPLICABLE; SECTION 3. Coverage. — As far as
practicable, this Rules shall be applicable to the following:

a) Termination or suspension of employment issues;

b) Claims for any sum of money, regardless of amount;
c) Intra-union and inter-union issues except petition for certification
election, after exhaustion of administrative remedies;
d) Unfair Labor Practice;
e) Closures, retrenchments, redundancies, temporary lay-offs;
f) OFW cases;
g) Occupational safety and health standards issues except those
involving imminent danger situation;
h) Issues arising from other labor and related issuances (OLRI)
i) Any other claims arising from employer-employee relationship;
and
j) Cases falling under the administrative and quasi-judicial
jurisdiction of all DOLE offices and attached agencies, including
NLRC. EXCEPT
(The Rules of Procedure of the Single Entry Approach (SEnA), [February 25, 2011])
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 160
JURISDICTION ACTIONS AND REMEDIES
EXCEPT:
1. Notices of strikes or lockouts, or preventive mediation cases which shall
remain with the National Conciliation and Mediation Board (NCMB); and
2. Issues arising from the interpretation or implementation of the collective
bargaining agreement and those arising from interpretation or enforcement
of company personnel policies which should be processed through the
Grievance Machinery and voluntary arbitration.
3. Issues involving violations of the following permits, licenses or registrations:
i. Alien Employment Permit (AEP);
ii. PRPA authority or license;
iii. Working child permit (WCP) and violations of Republic Act No.
9231 (Anti-Child Labor Law); cCaATD
iv. Registration under Department Order No. 18-02;
v. POEA issued licenses under the Migrant Workers' Act, as amended;
vi. Professional license issued by the PRC;
vii. TESDA accreditations; and
viii. Other similar permits, licenses or registrations issued by the DOLE or its
attached agencies.
(The Rules of Procedure of the Single Entry Approach (SEnA), [February 25, 2011])
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 161
JURISDICTION ACTIONS AND REMEDIES
 SECTION May File.
1. Who — Any
aggrieved person such as employer,
worker, including kasambahay, or group of
workers, whether local or overseas, or a
union, workers association or federation may
file a Request for Assistance (RFA).
In case of absence or incapacity of the
aggrieved person, his/her immediate family
with Special Power of Attorney (SPA) may file
the RFA. In case of death, his/her legitimate
heir/s may file the RFA.
||| DOLE Department Order No. 151-16, SENA IRR [February 22, 2016])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 162
JURISDICTION ACTIONS AND REMEDIES
SECTION 2. Where to File. — The RFA shall be filed
at any SEAD in the region where the employer
principally operates except in the following cases:
a) at the nearest DOLE office or attached agency in
case of separated kasambahay or deployed
workers of service providers or subcontractors
operating in the region other than where it
principally operates;
b) at the nearest POLO in the country of
destination or disembarkation in case of OFW, or
at the nearest DOLE office or attached agency of
preference when in the country; and
c) at the DOLE Office of registration in case of
union or federation representing a local chapter.
DOLE Department Order No. 151-16, SENA IRR [February 22, 2016])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 163
JURISDICTION ACTIONS AND REMEDIES
 Rule IV. Conduct of Conciliation-Mediation
SECTION 1. Appearance of Parties. — Upon receipt of
the notice of conference, the parties shall personally
appear at all times.
SEnA being an administrative approach for a
conciliated settlement and not a litigation, the
parties shall represent themselves and
lawyers are discouraged from
participating in the conference except
when they are the requesting party or the
employer.
DOLE Department Order No. 151-16, SENA IRR [February 22, 2016])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 164
JURISDICTION ACTIONS AND REMEDIES
 SECTION 2. Appearance of Lawyers, Agents or
Representatives. — Lawyers, agents or attorneys-in-fact appearing in
behalf of any of the parties should submit a Special Power of
Attorney/Board Resolution/Secretary's Certificate granting them
authority to represent and enter into a binding agreement for their
principal in the following circumstances:
a) When the requesting/responding party is already deployed abroad
or out of the country or employed/assigned/migrated to other region;
b) When the requesting/responding party is a minor or physically
incapacitated; or
c) If the requesting/responding party died during the pendency of the
RFA, the heir/s of the deceased may appear and shall present the
following:
1) Original or NSO-authenticated copy of death certificate; and
2) Proof of relationship through original or NSO-authenticated copy
of marriage contract/birth certificate.
||| DOLE Department Order No.ADA
151-16,
ABAD 2021[February
UP LABOR LAW22, 2016])
REVIEW
MODULE5 PART2 AND MODULE 6 165
JURISDICTION ACTIONS AND REMEDIES
SECTION 3. Conciliation-Mediation Process. — The
SEADO, in the conduct of conciliation-mediation,
shall:
a) Clarify the issues, validate positions and determine
the underlying issues;
b) Narrow down the disagreements and broaden
areas for settlement;
c) Encourage parties to generate options and enter
into stipulations;
d) Offer proposals and options toward mutually
acceptable solutions and voluntary settlement;
e) Prepare the settlement agreement in consultation
with the parties; and
f) Monitor the voluntary and faithful compliance of
the settlement agreement.
DOLE Department Order No. 151-16, SENA IRR [February 22, 2016])
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 166
JURISDICTION ACTIONS AND REMEDIES
SECTION 4. Pre-Termination of the 30-Day Mandatory
Conciliation-Mediation. — The 30-day period may be pre-terminated on
any of the following instances:
a) Written withdrawal by the requesting party which should be reflected
in the minutes of the conference;
b) Non-appearance of either the requesting party or the responding party
in two (2) consecutive scheduled conferences despite due notices
subject to the provision of Section 5 hereof, unless there is a
reasonable ground for their failure to appear; or
c) Request for referral to the appropriate DOLE office or agency by the
requesting party or both parties prior to the expiration of the 30-day
period.

SECTION 5. Termination of Mandatory Conciliation-Mediation

Proceedings. — Any of the following shall render the
conciliation-mediation proceedings closed and terminated:
a) Pre-termination of the 30-day mandatory conciliation-mediation
proceedings as provided in the preceding Section; or
b) Upon full compliance with the Settlement Agreement.

DOLE Department Order No. 151-16, SENA IRR [February 22, 2016])
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 167
JURISDICTION ACTIONS AND REMEDIES
SECTION 6. Issuance of Referral. — The SEADO shall issue the
Referral to the requesting party within one (1) day under any of the
following circumstances:
a) Expiration of the 30-day mandatory conciliation-mediation period,
unless there is a request for extension;
b) Failure of the parties to reach an agreement within the 30-day
mandatory conciliation-mediation period;
c) Non-appearance of the responding party in two (2) scheduled
consecutive conferences despite due notices;
d) Non-settlement of one or some issues but not all in RFA with multiple
issues; or
e) Non-compliance with the Agreement.

Referral may be made to the appropriate DOLE office or agency or

Voluntary Arbitration. The requesting party shall submit the Referral to
the appropriate office. However, no Referral shall be issued where the
requesting party has withdrawn the RFA.
DOLE Department Order No. 151-16, SENA-IRR [February 22, 2016])

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 168
JURISDICTION ACTIONS AND REMEDIES
SEC. 10.
SENA-IRR
PROCESS
FLOW

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 169
JURISDICTION ACTIONS AND REMEDIES
 LABOR
ARBITER.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 170
JURISDICTION ACTIONS AND REMEDIES
Statutory basis:

Under Article 224 [217] of the Labor

Code, the Labor Arbiter exercises
original and exclusive jurisdiction to
hear and decide the following cases
involving all workers, whether
agricultural or non-agricultural:

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 171
JURISDICTION ACTIONS AND REMEDIES
 ART. 224 [217]. Jurisdiction of Labor Arbiters
and the Commission. —
(a) x x x

1. Unfair labor practice cases;

2. Termination disputes;
3. If accompanied with a claim for
reinstatement, those cases that workers may
file involving wage, rates of pay, hours of work
and other terms and conditions of
employment;
4. Claims for actual, moral, exemplary and
other forms of damages arising from the
employer-employee relations;
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 172
JURISDICTION ACTIONS AND REMEDIES
5. Cases arising from any violation of Article 279
[264] of this Code, including questions involving
the legality of strikes and lockouts; and
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.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 173
JURISDICTION ACTIONS AND REMEDIES
b. The Commission shall have exclusive
appellate jurisdiction over all cases decided
by Labor Arbiters.

c. Cases arising from the interpretation or

implementation of collective bargaining
agreements and those arising from the
interpretation or enforcement of company
personnel policies shall be disposed of by
the Labor Arbiter by referring the same to
the grievance machinery and
voluntary arbitration as may be provided
in said agreements.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 174
JURISDICTION ACTIONS AND REMEDIES
The “money claims of workers” referred to in
paragraph 3 of Article 224 (217) embraces money
claims which arise out of or in connection with the
employer-employee relationship, or some aspect or
incident of such relationship.

Put a little differently, the money claims of workers

which fall within the original and exclusive
jurisdiction of Labor Arbiters are those money
claims which have some reasonable causal
connection with the employer-employee
relationship. (San Miguel Corporation vs. NLRC, 161 SCRA 719 [1988]).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 175
JURISDICTION ACTIONS AND REMEDIES
Complaint for illegal dismissal filed by the
employees who were terminated pursuant to
the CBA’s union security clause falls within
the jurisdiction of the Labor Arbiter and not
the Grievance Machinery. (Sanyo Philippines Workers
Union-PSSLU vs. Canizares, 211 SCRA 361 [1994]; Underscoring ours).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 176
JURISDICTION ACTIONS AND REMEDIES
General rule:

An employer-employee relationship
must exist between the party
litigants for the labor courts to
exercise jurisdiction over a particular
case.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 177
JURISDICTION ACTIONS AND REMEDIES
Exception:
Article 212(l) of the Labor Code where a labor
dispute can nevertheless exist “regardless of
whether the disputants stand in the
proximate relationship of employer and
employee,” provided the controversy
concerns, among others, the terms and
conditions of employment or a “change” or
“arrangement” thereof.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 178
JURISDICTION ACTIONS AND REMEDIES
Put differently, and as defined by law, the
existence of a labor dispute is not negatived
by the fact that the plaintiffs and
defendants do not stand in the proximate
relation of employer and employee. (San
Miguel Corporation Employees Union-PTGWO vs.
Bersamira, 186 SCRA 496 [1990]).

EXAMPLE: ALLEGED INDEPENDENT CONTRACTOR

VS. EMPLOYEE

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 179
JURISDICTION ACTIONS AND REMEDIES
In the reverse:

If a labor dispute exist as defined by law,

even if in reality, there exists no
employer-employee relationship
between the contending parties, the
case could still fall under the original
and exclusive jurisdiction of the labor
arbiter. (Abad Opinion)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 180
JURISDICTION ACTIONS AND REMEDIES
LEONEN, J: Malcaba v. ProHealth Pharma Philippines,
Inc., G.R. No. 209085 , [June 6, 2018].

This case involves fundamental principles in labor cases. HTcADC

First, in appeals of illegal dismissal cases, employers are strictly
mandated to file an appeal bond to perfect their appeals. Substantial
compliance, however, may merit liberality in its application.
Second, before any labor tribunal takes cognizance of termination
disputes, it must first have jurisdiction over the action. The Labor
Arbiter and the National Labor Relations Commission only exercise
jurisdiction over termination disputes between an employer and an
employee. They do not exercise jurisdiction over termination disputes
between a corporation and a corporate officer.
Third, while this Court recognizes the inherent right of employers to
discipline their employees, the penalties imposed must be
commensurate to the infractions committed. Dismissal of employees
for minor and negligible offenses may be considered as illegal dismissal.
||| ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 181
JURISDICTION ACTIONS AND REMEDIES
Nature of the order of the
Labor Arbiter on
reinstatement.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 182
JURISDICTION ACTIONS AND REMEDIES
 GENERAL RULE:

The reinstatement
order of the Labor
Arbiter is
immediately
executory even
pending appeal. (Article
223 (3), Labor Code; cf. Pioneer
Texturizing vs. NLRC).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 183
JURISDICTION ACTIONS AND REMEDIES
Hence, it is the obligation of the
employer to immediately admit the
employee back to work or reinstate him
in the payroll at his option.

Otherwise, the employer will be held liable

for backwages from the date of notice of the
order (International Container Terminal Services, Inc. vs. NLRC, 360
Phil. 527 [1998]), up to the date of employees
actual or payroll reinstatement.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 184
JURISDICTION ACTIONS AND REMEDIES
Thus, it was held in Garcia vs. Philippine
Airlines, Inc. (531 SCRA 574 [2007]), that
failure on the part of the employer to
exercise the options in the alternative,
the employer must pay the employee’s
salaries.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 185
JURISDICTION ACTIONS AND REMEDIES
 What happens
when the order
of reinstatement
by the Labor
Arbiter is
reversed on
appeal?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 186
JURISDICTION ACTIONS AND REMEDIES
SITUATION 1:

LABOR ARBITER RULES IN FAVOR OF

COMPLAINANT AND ORDERS REINSTATEMENT
WITH BACKWAGES

NLRC REVERSES THE LABOR ARBITER, AND RULES

THAT THE EMPLOYEE WAS VALIDLY DISMISSED.

QUESTION: IS COMPLAINANT ENTITLED TO

BACKWAGES FROM TIME OF ARBITRAL DECISION
TO NLRC DECISION?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 187
JURISDICTION ACTIONS AND REMEDIES
A. YES, THE COMPLAINANT IS ENTITLED TO
BACKWAGES UNTIL THE SUPREME COURT
DECISION BECOMES FINAL AND EXECUTORY.
B. NO, THE COMPLAINANT IS ENTITLED TO
BACKWAGES ONLY FROM THE TIME OF THE
ARBITRAL AWARD
C. YES, THE COMPLAINANT IS ENTITLED TO
BACKWAGES DURING THE PERIOD OF APPEAL
UNTIL ITS REVERSAL BY NLRC OR HIGHER
COURT.
D. NO. THE COMPLAINANT IS NOT ENTITLED TO
BACKWAGES UNTIL FINALITY OF SUPREME
COURT DECISION.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 188
JURISDICTION ACTIONS AND REMEDIES
ANSWER: YES!!

Even if the order of reinstatement of the

Labor Arbiter is reversed on appeal, it is
obligatory on the part of the employer
to reinstate and pay the wages of the
dismissed employee during the period
of appeal until reversal by the higher
court

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 189
JURISDICTION ACTIONS AND REMEDIES
SITUATION 2:

LABOR ARBITER RULES IN FAVOR OF

COMPLAINANT AND ORDERS REINSTATEMENT
WITH BACKWAGES.

COMPANY REINSTATES EMPLOYEE TO THE PAYROLL

(NOT ACTUAL REINSTATEMENT)

NLRC REVERSES THE LABOR ARBITER, AND RULES

THAT THE EMPLOYEE WAS VALIDLY DISMISSED. CA
AND SC AFFIRMS NLRC DECISION.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 190
JURISDICTION ACTIONS AND REMEDIES
 CAN YOU ASK
EMPLOYEE TO
REIMBURSE THE
SALARIES PAID TO
HIM DURING
PAYROLL
REINSTATEMENT?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 191
JURISDICTION ACTIONS AND REMEDIES
A. YES, COMPLAINANT MUST REIMBURSE THE
AMOUNTS PAID BASED ON PRINCIPLE OF
UNJUST ENRICHMENT.
B. NO, THE COMPLAINANT IS NOT REQUIRED
TO REIMBURSE THE AMOUNTS BASED ON
PRINCIPLE OF SOCIAL JUSTICE AND EQUITY
C. NO, THE COMPLAINANT IS ENTITLED TO
AMOUNTS FROM TIME OF ILLEGAL
TERMINATION
D. YES, COMPLAINANT MUST REIMBURSE BUT
ONLY FROM THE TIME OF NLRC REVERSAL.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 192
JURISDICTION ACTIONS AND REMEDIES
NO!!!

On the other hand, if the employee has been

reinstated during the appeal period and such
reinstatement order is reversed with finality, the
employee is not required to reimburse whatever
salary he received for he is entitled to such, more
so if he actually rendered services during the
period. (Roquero vs. Philippine Airlines, Inc., 401 SCRA 424 [2003], cited in Garcia vs.
PAL, G.R. No. 164856, January 20, 2009; En Banc).
Slide 227
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 193
JURISDICTION ACTIONS AND REMEDIES
Exception:
After the Labor Arbiter’s decision is reversed
by a higher tribunal, the employee may be
barred from collecting the accrued wages, if it
is shown that the delay in enforcing the
reinstatement pending appeal was without
fault on the part of the employer. (Garcia vs. Phlippine
Airlines, G.R. No. 164856, January 20, 2009; En Banc).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 194
JURISDICTION ACTIONS AND REMEDIES
The test is two-fold: (1) there must be
actual delay or the fact that the order of
reinstatement pending appeal was not
executed prior to its reversal; and (2) the
delay (or non-execution) must not be due
to the employer’s unjustified act or
omission. (ibid.)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 195
JURISDICTION ACTIONS AND REMEDIES
3. NATIONAL LABOR RELATIONS
COMMISSION:
Article 224 [217] (b) of the Labor Code
provides that the NLRC shall have
exclusive appellate jurisdiction over all
cases decided by Labor Arbiters.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 196
JURISDICTION ACTIONS AND REMEDIES
3.1 The requirement to perfect the
appeal within ten (10) calendar days is
mandatory and jurisdictional.

Article 229 [223], Labor Code: “(D)ecisions,

awards, or orders of the Labor Arbiter are final
and executory unless appealed to the
Commission by any or both parties within ten
(10) calendar days from receipt of such decisions,
awards, or orders.”
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 197
JURISDICTION ACTIONS AND REMEDIES
It is doctrinally well-entrenched that the
perfection of appeal within the statutory or
reglementary period is not only mandatory
but also jurisdictional.

Failure to do so renders the questioned decision

final and executory, and deprives the appellate
court or body of the legal authority to alter the
final judgment, much less to entertain, the
appeal. (Sublay vs. NLRC, 324 SCRA 188 [2000]; Navarro vs. NLRC, 327 SCRA 22
[2000]; Workers of Antique Electric Cooperative, Inc. vs. NLRC, 333 SCRA 181 [2000]).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 198
JURISDICTION ACTIONS AND REMEDIES
ARTICLE 229. [223], LABOR CODE: GROUNDS
FOR APPEAL FROM LABOR ARBITER TO NLRC-

(a) If there is prima facie evidence of abuse of

discretion on the part of the Labor Arbiter;
(b) If the decision, order or award was secured through
fraud or coercion, including graft and corruption;
(c) If made purely on questions of law; and

(d) If serious errors in the findings of facts are

raised which would cause grave or irreparable damage or
injury to the appellant.

(Labor Code of the Philippines, Presidential Decree No. 442 (Amended &
Renumbered), [July 21, 2015], CF 2011 NLRC Rules of Procedure Rule IV, Sec 2)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 199
JURISDICTION ACTIONS AND REMEDIES
If the 10th day falls on a Saturday, Sunday or
holiday, the last day to perfect the appeal
shall be the first working day following
such Saturday, Sunday or holiday.

No Motion or request for extension of the

period within which to perfect an appeal
shall be allowed.
2011 NLRC Rules of Procedure, Rule VI Sec 2

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 200
JURISDICTION ACTIONS AND REMEDIES
 How appeal is
perfected from
Labor Arbiter to
NLRC. (2011 NLRC Rules
of Procedure, Rule VI Sec 4).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 201
JURISDICTION ACTIONS AND REMEDIES
An appeal to the NLRC is perfected once

•an appellant files the memorandum of

appeal WITHIN 10 DAYS from receipt of
adverse Decision;
• pays the required appeal fee; AND
• if an employer is the one appealing,
employer must post an appeal bond or
submit a surety bond issued by a reputable
bonding company.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 202
JURISDICTION ACTIONS AND REMEDIES
More specificially, SECTION 4, 2011 RULES ON
NRLC PROCEDURE provides for the
REQUISITES FOR PERFECTION OF APPEAL.

1) The appeal shall be filed within the 10 DAYS

from receipt as provided in Section 1 of this
Rule;

2) Verified by appellant himself in accordance

with Section 4, Rule 7 of the Rules of Court,

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 203
JURISDICTION ACTIONS AND REMEDIES
3) In the form of a MEMORANDUM OF APPEAL
in three (3) legibly typewritten copies which
shall state:

• the grounds relied upon and the arguments

in support thereof;
• the relief prayed for,
• a statement of material dates when the
appellant received the appealed decision,
resolution or order and a certificate of
non-forum shopping with proof of service on
the other party of such appeal.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 204
JURISDICTION ACTIONS AND REMEDIES
4) proof of payment of the required appeal
fee and the posting of a cash or surety
bond as provided in Section 6 of this
Rule.

A mere notice of appeal without complying

with the other requisites aforestated shall
not stop the running of the period for
perfecting an appeal.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 205
JURISDICTION ACTIONS AND REMEDIES
 WHERE
WILL YOU
FILE THE
APPEAL?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 206
JURISDICTION ACTIONS AND REMEDIES
ANSWER:

The appeal shall be filed with the

Regional Arbitration Branch or Regional
Office where the case was heard and
decided.

(2011 NLRC Rules of Procedure, Rule IV, Sec 3)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 207
JURISDICTION ACTIONS AND REMEDIES
GENERAL RULE:
The requirements for perfecting
appeals are given liberal interpretation
and construction.

REASON:
To have controversies promptly
resolved on their merits
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 208
JURISDICTION ACTIONS AND REMEDIES
 MAY THE
COMMISSION
DECIDE ON ISSUES
WHICH ARE NOT
RAISED ON APPEAL?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 209
JURISDICTION ACTIONS AND REMEDIES
A. YES, THE TECHNICAL RULES OF COURT ARE
NOT TO BE APPLIED STRICTLY IN NLRC
PROCEEDINGS.
B. NO, THE NLRC’S JURISDICTION IS LIMITED
TO THE ISSUES RAISED ON APPEAL
C. YES, THE PLENARY ADJUDICATORY POWER
OF THE NLRC ALLOWS IT TO DECIDE ON
ISSUES WHICH ARE NOT EVEN APPEALED
D. NONE OF THE ABOVE

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 210
JURISDICTION ACTIONS AND REMEDIES
NO!!! Subject to the provisions of
Article 218 of the Labor Code, once the
appeal is perfected in accordance with
these Rules, the Commission shall limit
itself to reviewing and deciding specific
issues that were elevated on appeal.

2011 NLRC Rules of Procedure, Rule IV, Sec. 4 (d)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 211
JURISDICTION ACTIONS AND REMEDIES
 What is the limit
of the review
power of NLRC
in perfected
appeals?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 212
JURISDICTION ACTIONS AND REMEDIES
Review powers of the NLRC in
cases of perfected appeals are
limited only to those issues
raised on appeal.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 213
JURISDICTION ACTIONS AND REMEDIES
What is the effect if NLRC went beyond
the issues raised on appeal?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 214
JURISDICTION ACTIONS AND REMEDIES
That would be grave abuse of
discretion for the NLRC to resolve
issues which were raised only by
way of comment to the appeal,
not in an appeal proper
interposed by the parties
themselves. (United Placement International vs.
NLRC, 221 SCRA 445 [1993]).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 215
JURISDICTION ACTIONS AND REMEDIES
REQUIREMENTS FOR THE
SURETY BOND OR APPEAL
BOND

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 216
JURISDICTION ACTIONS AND REMEDIES
Section 6, Rule VI of the 2011 Rules of
Procedure of the NLRC provides:

SECTION 6. BOND. - In case the decision of the

Labor Arbiter or the Regional Director involves a
monetary award, an appeal by the employer may
be perfected only upon the posting of a cash or
surety bond. The appeal bond shall either be in
cash or surety in an amount equivalent to the
monetary award, exclusive of damages and
attorney’s fees.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 217
JURISDICTION ACTIONS AND REMEDIES
 In case of surety bond, the same shall be issued by a
reputable bonding company duly accredited by the
Commission or the Supreme Court, and shall be
accompanied by:

(a) a joint declaration under oath by the employer, his

counsel, and the bonding company, attesting that
the bond posted is genuine, and shall be in effect
until final disposition of the case.

(b) a copy of the indemnity agreement between the

employer-appellant and bonding company; and

(c) a copy of security deposit or collateral securing

ADA ABAD 2021 UP LABOR LAW REVIEW
the bond. MODULE5 PART2 AND MODULE 6 218
JURISDICTION ACTIONS AND REMEDIES
A certified true copy of the bond shall be
furnished by the appellant to the
appellee who shall verify the regularity
and genuineness thereof and
immediately report to the Commission
any irregularity.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 219
JURISDICTION ACTIONS AND REMEDIES
WHAT IS THE EFFECT IF BOND
IS FAKE OR IRREGULAR?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 220
JURISDICTION ACTIONS AND REMEDIES
Upon verification by the Commission
that the bond is irregular or not
genuine, the Commission shall cause
the immediate dismissal of the
appeal.
2011 Rules of Procedure of the NLRC
Rule IV, Section 6, par 5.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 221
JURISDICTION ACTIONS AND REMEDIES
 MOTION TO
REDUCE
APPEAL OR
SURETY BOND

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 222
JURISDICTION ACTIONS AND REMEDIES
No motion to reduce bond shall
be entertained except on
meritorious grounds and upon the
posting of a bond in a reasonable
amount in relation to the monetary
award.
(2011 Rules of Procedure of the NLRC Rule IV,
Section 6, par 6.)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 223
JURISDICTION ACTIONS AND REMEDIES
The filing of the motion to reduce
bond without compliance with the
requisites in the preceding
paragraph shall not stop the
running of the period to perfect an
appeal. (Ibid.)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 224
JURISDICTION ACTIONS AND REMEDIES
 CAN THE EMPLOYER
SIMPLY SUBMIT A
PASSBOOK OR
DEPOSIT ACCOUNT
WITH THE NLRC AS
SUBSTANTIAL
COMPLIANCE WITH
THE SURETY BOND
REQMT?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 225
JURISDICTION ACTIONS AND REMEDIES
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 226
JURISDICTION ACTIONS AND REMEDIES
NO!!!
Deed of Assignment, as well as the
passbook, which the employer submitted
to the NLRC is neither cash nor a surety
bond; hence, the appeal to the NLRC was
not perfected, thereby rendering the
Labor Arbiter’s decision final and
executory. (Mindanao Times Corporation vs. Confesor, G.R. No.
183417, 05 February 2010).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 227
JURISDICTION ACTIONS AND REMEDIES
As a general rule, non-compliance
with such legal requirement is fatal
and effectively renders the
judgment final and executory.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 228
JURISDICTION ACTIONS AND REMEDIES
QUESTION:
What is the effect on the appeal bond
if the accreditation of the bonding
company which issued the bond has
been revoked or has expired?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 229
JURISDICTION ACTIONS AND REMEDIES
The appeal bond that was issued prior
to the revocation or expiration of the
bonding company’s accreditation is
still considered valid, and should not
prejudice the parties who relied on the
bonding company’s authority.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 230
JURISDICTION ACTIONS AND REMEDIES
“The requirement that employers post a cash or
surety bond to perfect their appeal is apparently
intended to assure workers that if they prevail in the
case, they will receive the money judgment in their
favor upon the dismissal of the former’s appeal. It
was intended to discourage employers from using
an appeal to delay, or even evade, their obligations
to satisfy their employees' just and lawful claims.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 231
JURISDICTION ACTIONS AND REMEDIES
At the time of the filing of the surety bond by PJI on
January 2, 2003, PPAC was still an accredited bonding
company. Thus, it was but proper to honor the appeal
bond issued by a bonding company duly accredited
by this Court at the time of its issuance. The
subsequent revocation of the authority of a bonding
company should not prejudice parties who relied on
its authority. The revocation of authority of a bonding
company is prospective in application.” (Cesario del
Rosario vs. Philippine Journalists, Inc., G.R. No. 181516, 19
August 2009).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 232
JURISDICTION ACTIONS AND REMEDIES
 QUESTION:
How will you
compute for the
appeal bond
when the labor
arbiter’s decision
did not state the
exact monetary
award?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 233
JURISDICTION ACTIONS AND REMEDIES
As held in NAFLU vs. Lardrido (196 SCRA
833 [1991]): “Private respondent
cannot be expected to post such
appeal bond equivalent to the
amount of the monetary award
when the amount thereof was not
included in the decision of the labor
arbiter.”
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 234
JURISDICTION ACTIONS AND REMEDIES
WHAT WILL BE DONE?

• The labor arbiter to forward records

to the Commission;
• the Commission will cause the
computation of the awards and issue
an order directing the appellant to file
the required bond.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 235
JURISDICTION ACTIONS AND REMEDIES
This appears to be a practice of the NLRC
to allow a belated filing of the required
appeal bond, in the instance when the
decision of the labor arbiter involves a
monetary award that has not yet been
computed, considering that the
computation will still have to be made by
that office.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 236
JURISDICTION ACTIONS AND REMEDIES
It is understood of course, that appellant has
filed the appeal on time, as in this case.”

Moreover, there is no showing in this case that

private respondent abused the leniency of the
NLRC, which would merit the dismissal of its
appeal. Private respondent immediately filed the
bond upon the determination of the amount of
the award.” (Union of Filipino Workers vs. NLRC, 221 SCRA 267 [1993];
Underscoring supplied.).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 237
JURISDICTION ACTIONS AND REMEDIES
What is the
effect of a
Decision on
the party who
has not
appealed?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 238
JURISDICTION ACTIONS AND REMEDIES
General Rule:

A party may file Comment, but

party appeal cannot assign errors
as are designed to have the
judgment modified. (Dizon vs. NLRC, 181 SCRA 472
[1990]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 239
JURISDICTION ACTIONS AND REMEDIES
It is a well-settled procedural rule in
this jurisdiction that an appellee who
has not himself appealed cannot
obtain from the appellate court any
affirmative relief other than those
granted in the decision of the court
below. (Benguet Corporation vs. NLRC, 208
SCRA 600 [1992]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 240
JURISDICTION ACTIONS AND REMEDIES
Exception:

Issues of reinstatement and

back-wages that are necessarily
intertwined with the promotion of
substantial justice would justify
deviation from the rule. (Radio Communications of
the Philippines vs. NLRC, 210 SCRA 222 [1992]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 241
JURISDICTION ACTIONS AND REMEDIES
Rules of procedure are mere tools designed to
facilitate the attainment of justice. Their strict
and rigid application, which would result in
technicalities that tend to frustrate rather than
promote substantial justice, must always be
avoided. Thus, substantive rights like
reinstatement and award of backwages
resulting from illegal dismissal must not be
prejudiced by a rigid and technical application
of the rules.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 242
JURISDICTION ACTIONS AND REMEDIES
 MAY THE
COMMISSION
RECEIVE
EVIDENCE ON
APPEAL?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 243
JURISDICTION ACTIONS AND REMEDIES
YES. NLRC may allow the
presentation of additional
evidence on appeal.
(Cecille de Ocampo, et al. vs. NLRC and Baliwag Mahogany Corp., 213
SCRA 652 [1992]; The New Valley Times Press vs. NLRC, 211 SCRA 509
[1992]; See also: EDI Staff Builders International, Inc. v. Magsino, G.R.
No. 139430, [June 20, 2001], 411 PHIL 730-740)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 244
JURISDICTION ACTIONS AND REMEDIES
Anent the contention that the Commission
gravely abuse its discretion when it allowed the
presentation of additional evidence to prove the
loss suffered by the company, (it is understood)
that “technical rules of evidence are not binding
in labor cases. Labor officials should use every
and reasonable means to ascertain the facts in
each case speedily and objectively, without
regard to technicalities of law or procedure, all
in the interest of due process.” (Philippine Telegraph and
Telephone Corporation vs. National Labor Relations Commission, 183 SCRA
451 [1990]). ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 245
JURISDICTION ACTIONS AND REMEDIES
Indubitably, the NLRC is not precluded
from receiving evidence on appeal as
technical rules of evidence are not binding
in labor cases. There is, however, a caveat
to this policy. The delay in the submission
of evidence should be clearly explained
and should adequately prove the
employer's allegation of the cause for
termination. (Anabe v. Asian Construction, G.R. No.
183233, [December 23, 2009], 623 PHIL 857-865)

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 246
JURISDICTION ACTIONS AND REMEDIES
SITUATIONS ON
EFFECT ON
BACKWAGES IN
CASES OF
REVERSALS ON
APPEAL.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 247
JURISDICTION ACTIONS AND REMEDIES
Situation1: ILLEGAL TERMINATION CASE
• Labor Arbiter for company and dismissed the
complaint. VALID TERMINATION
• On appeal, the NLRC reversed the decision of
the Labor Arbiter; For complainant; ILLEGAL
TERMINATION, hence reinstatement PLUS
backwages.
• R65: Court of Appeals reversed the NLRC by
reinstating the decision of the Labor Arbiter
(Hence, VALID TERMINATION) and
• R45: Supreme Court affirmed the decision of
the Court of Appeals. (VALID TERMINATION)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 248
JURISDICTION ACTIONS AND REMEDIES
Question: Would the employee be
entitled to the payment of
backwages from the time that the
NLRC ordered his reinstatement until
the NLRC’s reversal by the Court of
Appeals?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 249
JURISDICTION ACTIONS AND REMEDIES
 ANSWER:
A. YES, THE COMPLAINANT IS
ENTITLED TO PAYMENT
B. NO, THE COMPLAINANT IS NOT
ENTITLED
C. DEPENDS ON WHETHER THE NLRC
ISSUED A WRIT OF EXECUTION FOR
BACKWAGES
D. ALL OF THE ABOVE
E. NONE OF THE ABOVE
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 250
JURISDICTION ACTIONS AND REMEDIES
Panuncillo vs. CAP Philippines,
G.R. No. 161305, 09 February
2007.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 251
JURISDICTION ACTIONS AND REMEDIES
CHECK: WAS THERE A WRIT OF
EXECUTION ISSUED BY THE NLRC?

IF YES, THEN BACKWAGES SHOULD

HAVE BEEN PAID.

IF NONE, THEN NO BACKWAGES ARE TO

BE PAID.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 252
JURISDICTION ACTIONS AND REMEDIES
Answer:

Unlike the order for reinstatement of

a Labor Arbiter which is
self-executory, an order of
reinstatement by the NLRC on appeal
is not. There is still a need for the
issuance of a writ of execution.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 253
JURISDICTION ACTIONS AND REMEDIES
Thus, if the Labor Arbiter does not issue a
writ of execution of the NLRC order for
the reinstatement of an employee even if
there is no restraining order, he could
probably be merely observing judicial
courtesy, xxx and in such case, it is as if a
temporary restraining order was issued.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 254
JURISDICTION ACTIONS AND REMEDIES
It does not appear that a writ of execution was
issued for the implementation of the NLRC
order for reinstatement. Had one been issued,
the company would have been obliged to
reinstate the employee and pay the salary
until the said order of the NLRC for
reinstatement was reversed by the Court of
Appeals.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 255
JURISDICTION ACTIONS AND REMEDIES
Since the Supreme Court affirmed the challenged
decision of the Court of Appeals finding that the
employee was validly dismissed and accordingly
reversing the NLRC Decision that the employee was
illegally dismissed and should be reinstated, the
employee is not entitled to collect any backwages
from the time the NLRC decision became final and
executory up to the time the Court of Appeals
reversed said decision. (Panuncillo vs. CAP Philippines,
G.R. No. 161305, 09 February 2007).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 256
JURISDICTION ACTIONS AND REMEDIES
COURT OF APPEALS:

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 257
JURISDICTION ACTIONS AND REMEDIES
The period or manner of “appeal” from
the NLRC to the Court of Appeals is by
Petition for Review under Rule 65 of the
Rules of Court pursuant to the ruling in
the case of St. Martin Funeral Homes vs.
NLRC, 295 SCRA 494 (1998).

It states that the “petition may be filed not

later than sixty (60) days from notice of
the judgment, or resolution sought to be
assailed.”
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 258
JURISDICTION ACTIONS AND REMEDIES
What issues may Court of
Appeals entertain via R65
Certiorari?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 259
JURISDICTION ACTIONS AND REMEDIES
General Rule:

Generally, an appellate court

may only pass upon errors
assigned.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 260
JURISDICTION ACTIONS AND REMEDIES
Exceptions:
In the case of Diamonon vs. DOLE, 327 SCRA 283 (2000),1 the
Supreme Court cited instances where an appellate court is
accorded a broad discretionary power to waive the lack of
assignment of errors and consider errors not assigned:

a. Grounds not assigned as errors but affecting the

jurisdiction of the court over the subject matter;

b. Matters not assigned as errors on appeal but are

evidently plain or clerical errors within contemplation
of law;
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 261
JURISDICTION ACTIONS AND REMEDIES
c. Matters not assigned as errors on appeal but consideration of
which is necessary in arriving at a just decision and complete
resolution of the case or to serve the interests of a justice or to
avoid dispensing piece-meal justice;

d. Matters not specifically assigned as errors on appeal but raised

in the trial court and are matters of record having some bearing
on the issue submitted which the parties failed to raise or which
the lower court ignored;

e. Matters not assigned as errors on appeal but closely related to

an error assigned;

f. Matters not assigned as errors on appeal but upon which the

determination of a question properly assigned, is dependent.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 262
JURISDICTION ACTIONS AND REMEDIES
Certiorari under Rule 65 of the Rules of Court.
Section 4 of Rule 65, as amended by Circular No. 39-984 provides:

“SECTION 4. Where petition filed. — The petition may be filed not

later than sixty (60) days from notice of the judgment, order or
resolution sought to be assailed in the Supreme Court or, if it
relates to the acts or omissions of a lower court or of a corporation,
board, or officer or person, in the Regional Trial Court exercising
jurisdiction over the territorial area as defined by the Supreme
Court. It may also be filed in the Court of Appeals whether or not
the same is in aid of its appellate jurisdiction, or in the
Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts
or omissions of a quasi-judicial agency, and unless otherwise
provided by law or these Rules, the petition shall be filed in and
cognizable only by the Court of UP
ADA ABAD 2021 Appeals.”
LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 263
JURISDICTION ACTIONS AND REMEDIES
If the petitioner has filed a motion for new trial
or reconsideration in due time after notice of
said judgment, order or resolution, the period
herein fixed shall be interrupted. If the motion
is denied, the aggrieved party may file the
petition within the remaining period but which
shall not be less than five (5) days in any event,
reckoned from notice of such denial. No
extension of time to file the petition shall be
granted except for the most compelling reason
and in no case to exceed fifteen (15) days.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 264
JURISDICTION ACTIONS AND REMEDIES
Filing of a Motion for
Reconsideration of the NLRC
Decision is mandatory; effects.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 265
JURISDICTION ACTIONS AND REMEDIES
General rule:

The filing of a petition for certiorari under Rule

65, without first moving for reconsideration of
the assailed resolution, warrants the outright
dismissal of the case.

As consistently held in numerous cases, a motion for

reconsideration is indispensable, for it affords the
NLRC an opportunity to rectify errors or mistakes it
might have committed before resort to the courts
can be had. (Veloso vs. China Airlines, Ltd., 310 SCRA 274 [1999]).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 266
JURISDICTION ACTIONS AND REMEDIES
Effect:

Without a motion for reconsideration

seasonably filed within the ten-day
reglementary period, the questioned order,
resolution or decision of NLRC, becomes final
and executory after ten (10) calendar days
from receipt thereof. Consequently, the merits
of the case can no longer be reviewed to
determine if the NLRC had committed any
grave abuse of discretion. (Escorpizo vs. University of
Baguio, 306 SCRA 497 [1999]).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 267
JURISDICTION ACTIONS AND REMEDIES
Exception:

The failure of an appellant to file a

motion for reconsideration before the
NLRC may be excused where the order
sought to be reviewed is a patent nullity.
(Saldana vs. Court of Appeals, 190 SCRA 396 [1990], cited in Aquino vs. NLRC, 226
SCRA 76 [1993]; See also Zurbano vs. NLRC, 228 SCRA 556 [1993]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 268
JURISDICTION ACTIONS AND REMEDIES
A second motion for
reconsideration is a prohibited
pleading which should not be
entertained at all. (Jardin vs. NLRC, 326 SCRA 299
[2000]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 269
JURISDICTION ACTIONS AND REMEDIES
In petitions for certiorari under Rule
65 of the Rules of Court, want of
jurisdiction and grave abuse of
discretion, and not merely reversible
error, are the proper grounds for
review. (Association of Trade Unions vs. Abella, et al., 323 SCRA 50 [2000]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 270
JURISDICTION ACTIONS AND REMEDIES
Grave abuse of discretion amounting to lack or excess of
jurisdiction; meaning:

“capricious and whimsical exercise of

judgment by the tribunal exercising judicial
or quasi-judicial power as to amount to
lack of power.”
In labor cases, the Supreme Court declared in several
instances that disregarding rules bound to be observed
constitutes grave of discretion on the part of labor
tribunal. (Jardin vs. NLRC, ibid.)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 271
JURISDICTION ACTIONS AND REMEDIES
It is also grave abuse of discretion on the
part of the NLRC to affirm the conclusions
by the Labor Arbiter on gross
misapprehension of facts and by itself,
make conclusions clearly contrary to the
evidence presented. (Isetann vs. NLRC, 227 SCRA 647 at 654
[1993]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 272
JURISDICTION ACTIONS AND REMEDIES
 Factual findings
of the NLRC
generally
accorded
respect and
finality.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 273
JURISDICTION ACTIONS AND REMEDIES
General Rule:
Factual findings of the NLRC are accorded not
only respect but also finality and are
binding upon the Court, if supported by
substantial evidence (Reyes & Lim Co., Inc. vs. NLRC, 201 SCRA 772
[1991]), considering the NLRC’s expertise in their

field (Chua vs. NLRC, 182 SCRA 353 [1990]; Lopez Sugar Corporation vs. FFW,
189 SCRA 179 [1990]; Sigma Personnel Services vs. NRLC, 224 SCRA 181 [1993]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 274
JURISDICTION ACTIONS AND REMEDIES
Exceptions:
a. the conclusion is a finding grounded
on speculations, surmises and
conjectures;

b. the inference made are manifestly

mistaken, absurd, or impossible;

c. there is a grave abuse of discretion;

d. there is misappreciation of facts;

ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 275
JURISDICTION ACTIONS AND REMEDIES
e. the court, in arriving at its findings,
went beyond the issues of the case and
the same are contrary to the admission
of the parties or the evidence
presented. (Ateneo de Manila University vs. Court
of Appeals, 145 SCRA 100 [1986]).

f. where there is disregard of facts and

strained attempt at ratiocination. (PAL vs.
NLRC, 225 SCRA 259 [1993]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 276
JURISDICTION ACTIONS AND REMEDIES
OTHER REQUISITES:

ASIDE FROM FILING WITHIN THE

TIME FRAME, ONE MUST COMPLY
WITH THE VERIFICATION AND
CERTIFICATE OF NON-FORUM
SHOPPING.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 277
JURISDICTION ACTIONS AND REMEDIES
Certification of non-forum shopping.

Forum shopping is manifest whenever a party

“repetitively avail[s] of several judicial remedies in
different courts, simultaneously or successively, all
substantially founded on the same transactions and
the same essential facts and circumstances, and all
raising substantially the same issues either pending
in, or already resolved adversely by, some other
court

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 278
JURISDICTION ACTIONS AND REMEDIES
REASON FOR THE
REQUIREMENT OF CERTIFICATE
OF NON-FORUM SHOPPING:
To ensure that efficient
administration of justice since
MULTIPLE FILING clogs the court
dockets, unduly burdens the
financial and human resources of the
judiciary, and trifles with and mocks
judicial processes. (Canuto, Jr. vs.
NLRC, 360 SCRA 52 [2001]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 279
JURISDICTION ACTIONS AND REMEDIES
 WHO SHOULD
SIGN THE
CERTIFICATE OF
NON-FORUM
SHOPPING?
THE PARTIES OR
THE LAWYER?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 280
JURISDICTION ACTIONS AND REMEDIES
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 281
JURISDICTION ACTIONS AND REMEDIES
The parties to the action themselves
must execute the certification of
non-forum shopping.

The certification of non-forum shopping must

be executed by the petitioner or a principal
party and not the attorney. This procedural
lapse on the part of petitioners could have
warranted the outright dismissal of their
actions. (Damasco vs. NLRC, 346 SCRA 714 [2000]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 282
JURISDICTION ACTIONS AND REMEDIES
Rationale:

Said petitioners or parties are in the best

position to know of the matters required
by the Rules of Court in the said
certification. (MC Engineering, Inc. vs. NLRC, 360 SCRA 183 [2001]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 283
JURISDICTION ACTIONS AND REMEDIES
Failure to comply with the
requirements concerning the
certification against forum
shopping shall be cause for
the dismissal of the case
without prejudice, unless
otherwise provided, upon
motion and after hearing.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 284
JURISDICTION ACTIONS AND REMEDIES
The submission of a false certification
or non-compliance with any of the
undertakings shall constitute indirect
contempt of court, without prejudice
to the corresponding administrative
and criminal actions.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 285
JURISDICTION ACTIONS AND REMEDIES
If the acts of the party or his counsel
clearly constitute wilful and
deliberate forum shopping, the same
shall be ground for summary
dismissal with prejudice and shall
constitute direct contempt, as well as
a cause for administrative sanctions.
(Canuto, Jr. vs. NLRC, 360 SCRA 52 [2001]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 286
JURISDICTION ACTIONS AND REMEDIES
Verification.
A petition for review filed pursuant to Rule
65 of the 1997 Rules of Civil Procedure must
be verified. Section 4, Rule 7 of the Rules
reads as follows: “(A) pleading is verified by
an affidavit that the affiant has read the
pleading and that the allegations therein are
true and correct of his knowledge and
belief.” ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 287
JURISDICTION ACTIONS AND REMEDIES
 REASON:

Verification is intended
to assure that the
allegations in the
pleading have been
prepared in good faith
or are true and correct,
and not mere
speculations.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 288
JURISDICTION ACTIONS AND REMEDIES
Generally, lack of verification is merely a
formal defect that is neither jurisdictional
nor fatal.

The court may order the correction of the

pleading or act on the unverified pleading, if the
attending circumstances are such that strict
compliance with the rule may be dispensed with
in order to serve the ends of justice. (Pfizer, Inc. vs.
Galan, 358 SCRA 240 [2001]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 289
JURISDICTION ACTIONS AND REMEDIES
There is substantial compliance if
verification is executed by an
attorney. (Santos vs. Court of Appeals, 360 SCRA 521
[2001]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 290
JURISDICTION ACTIONS AND REMEDIES
Verification is a formal &
not jurisdictional request,
absent which is not fatal to
petition.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 291
JURISDICTION ACTIONS AND REMEDIES
VERIFICATION --- VERSUS ----
CERTIFICATION OF NON-FORUM
SHOPPING. (LDP Marketing and Lourdes Pena vs. Erlinda Monter, G.R.
No. 159653, 25 January 2006).

Under Rule 46, Section 3, paragraph 3 of the

Rules of Court, petitions for certiorari must be
verified and accompanied by a sworn
certification of non-forum shopping.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 292
JURISDICTION ACTIONS AND REMEDIES
Verification:

• A pleading is verified by an affidavit that

the affiant has read the pleading and
that the allegations therein are true and
correct of his personal knowledge or
based on authentic records;
• this is a formal requirement and not
jurisdictional.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 293
JURISDICTION ACTIONS AND REMEDIES
Certification of non-forum shopping:
• This is a certification under oath by the plaintiff or
principal party in the complaint or other initiatory
pleading

• Statement that he has not commenced any action or filed

any claim involving the same issues in any court, tribunal
or quasi-judicial agency and, to the best of his knowledge,
no such other action or claim is pending therein xxx.

• The lack of certification against forum shopping shall lead

to the dismissal of the petition.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 294
JURISDICTION ACTIONS AND REMEDIES
Ratification of verification and
non-forum shopping; registry
return card more accurate than a
post office certification; (NYK-Fil Ship
Management Inc., and/or Josephine J. Francisco And TMM Co. Ltd. Tokyo,
Japan vs. Alfonso T. Talavera, G.R. No. 175894, 14 November 2008).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 295
JURISDICTION ACTIONS AND REMEDIES
The law allows a corporation to ratify the
unauthorized acts of its corporate officer.

With the ratification by petitioner company of the

action of its officer in signing the verification and
certification of non-forum shopping which
accompanied petitioners' petition for certiorari before
the Court of Appeals, said petitioner had substantially
complied with the requirements of the law. Any defect
in the signing of the verification and certification of
non-forum shopping is thus deemed cured.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 296
JURISDICTION ACTIONS AND REMEDIES
As between Post Office certification and
the Registry Return Card, the latter
commands more weight as it is
considered as the official record of the
NLRC. It is presumed to be accurate,
unless proven otherwise, unlike a written
record or note of a party which is often
self-serving and easily fabricated.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 297
JURISDICTION ACTIONS AND REMEDIES
Full payment of Appellate Court
docket fees within the prescribed
period is mandatory and
indispensable to perfect appeal. (St. Louis
University, Inc. vs. Cobarrubias, G.R. No. 187104, 03 August 2010).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 298
JURISDICTION ACTIONS AND REMEDIES
Appeal is not a natural right but a
mere statutory privilege, thus,
appeal must be made strictly in
accordance with the provision set
by law. (Espejo vs. Ito, 595 SCRA 192 [2009]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 299
JURISDICTION ACTIONS AND REMEDIES
Upon the filing of the petition, the petitioner shall
pay to the CA clerk of court the docketing and
other lawful fees; non-compliance with the
procedural requirements shall be a sufficient
ground for the petition’s dismissal. Thus, payment
in full of docket fees within the prescribed period
is not only mandatory, but also jurisdictional. It is
an essential requirement, without which, the
decision appealed from would become final and
executory as if no appeal has been filed.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 300
JURISDICTION ACTIONS AND REMEDIES
SUPREME COURT:

From the Court of Appeals, the

aggrieved party may appeal to the
Supreme Court thru a verified petition
for review on certiorari under Rule
45 of the Revised Rules of Court.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 301
JURISDICTION ACTIONS AND REMEDIES
The requirements for Petition for Review
on Certiorari to Supreme Court, among
others, are:
a. Motion for reconsideration filed in due time
with the Court of Appeals;
b. Certification of non-forum shopping;
c. Verification of the petition;
d. Payment of the docket and other lawful fees
and the deposit for costs; and
e. Personal service of pleadings.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 302
JURISDICTION ACTIONS AND REMEDIES
Procedure: Petition for Review on Certiorari
from CA to SC.

The pertinent provision of Section 1 of Rule 45 of the

Revised Rules of Court states as follows:

SECTION 1. Filing of petition with Supreme Court. — A

party desiring to appeal by certiorari from a judgment
or final order or resolution of the Court of Appeals, x x
x, may file with the Supreme Court a verified petition
for review on certiorari. The petition shall raise only
questions of law which must be distinctly set forth.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 303
JURISDICTION ACTIONS AND REMEDIES
Reglementary period for filing (Section 2, Rule
45, Revised Rules of Court):

within fifteen
The petition shall be filed
(15) days from notice of the
judgment or final order or resolution
appealed form

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 304
JURISDICTION ACTIONS AND REMEDIES
The reglementary period within
which to file petition for review
on certiorari under Rule 45 of the
Revised of Court is mandatory
and jurisdictional.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 305
JURISDICTION ACTIONS AND REMEDIES
Questions of facts cannot be
raised in a petition for review
on certiorari.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 306
JURISDICTION ACTIONS AND REMEDIES
 REGIONAL
DIRECTOR:
The Regional Director
exercises both visitorial and
enforcement power over
labor standard cases, and is
therefore empowered to
adjudicate uncontested
money claims of persons still
employed. (Article 128, Labor Code;
Maternity Children’s Hospital vs. Secretary
of Labor, 174 SCRA 632 [1989]).
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 307
JURISDICTION ACTIONS AND REMEDIES
 The Regional Director can order compliance
only in cases where the following
conditions are met:

a. An employment relation still exists; and

b. The employer did not contest any issue
which cannot be resolved without
considering evidentiary matters not
verifiable in the normal course of
inspection. (Odin Security Agency vs. Dela Serna, 182 SCRA
472 [1990]; Briad Agro Development Corp. vs. Dela Serna, 179 SCRA
270 [1989].)
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 308
JURISDICTION ACTIONS AND REMEDIES
In Peoples Broadcasting Service (Bombo
Radyo Phils., Inc.) v. Secretary of the
Department of Labor and Employment, the
Supreme Court held that "[i]f a complaint is
filed with the NLRC, and there is still an
existing employer-employee relationship,
the jurisdiction is properly with the
DOLE.”
The LA and the NLRC could not render valid
judgment on the matter since they have no
jurisdiction over it.||| (Pobadora v. Visayas Investigation Security
Service Corp., G.R. No. 205140 (Notice), [July 10, 2019])
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 309
JURISDICTION ACTIONS AND REMEDIES
 When can the
Regional
Director be
ousted of its
jurisdiction?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 310
JURISDICTION ACTIONS AND REMEDIES
If the employer-employee relation
no longer exist, the case is
cognizable by the Labor Arbiter,
and no longer by the Regional
Director.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 311
JURISDICTION ACTIONS AND REMEDIES
In cases where the employer contests the
findings of the labor inspection officer,
the Regional Director ceases to have
competence to take cognizance of and
decide the case but must refer or certify
it to the Labor Arbitration Branch of the
NLRC for hearing and judgment. (Brokenshire
Memorial Hospital, Inc. vs. Minister of Labor and Employment, 182 SCRA 5 [1990]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 312
JURISDICTION ACTIONS AND REMEDIES
Three (3) elements must concur for the
Regional Director to be divested of
jurisdiction:
a. The employer contests the findings of the
Labor Regulation Officer and raises issues
thereon;
b. In order to resolve such issues, there is still a
need to examine evidentiary matters; and
c. Such matters are not verifiable in the normal
course of inspection. (SSK Parts Corporation vs. Camas,
ADA ABAD 2021 UP LABOR LAW REVIEW
181 SCRA 675 [1990]). MODULE5 PART2 AND MODULE 6 313
JURISDICTION ACTIONS AND REMEDIES
 Cases arising from
visitorial power of the
DOLE. If the amount
involved exceeds
P5,000.00, would the
claim on that account
be removed from the
Regional Director’s
jurisdiction?
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 314
JURISDICTION ACTIONS AND REMEDIES
Answer:
No! The Regional
Director still retains
jurisdiction.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 315
JURISDICTION ACTIONS AND REMEDIES
The Supreme Court held as follows:

“We sustain the jurisdiction of the respondent

Secretary. As the respondent correctly pointed
out, this Court’s ruling in Servando that the
visitorial power of the Secretary of Labor to
order and enforce compliance with labor
standard laws cannot be exercised where the
individual claim exceeds P5,000.00, can no
longer be applied in view of the enactment of
R.A. No. 7730 amending Article 128(b) of the
Labor Code, viz.:
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 316
JURISDICTION ACTIONS AND REMEDIES
“The records of the House of Representatives
show that Congressmen Alberto S. Veloso and
Eriberto V. Loreto sponsored the law. In his
sponsorship speech, Congressman Veloso
categorically declared that “this bill seeks to do
away with the jurisdictional limitations
imposed through said ruling (referring to
Servando) and to finally settle any lingering
doubts on the visitorial and enforcement
powers of the Secretary of Labor and
Employment. Petitioner’s reliance on Servando
is thus untenable.” (Guico vs. Quisumbing, 298 SCRA 666 [1998].
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 317
JURISDICTION ACTIONS AND REMEDIES
 WHERE DO
YOU APPEAL
THE DECISION
OF THE
REGIONAL
DIRECTOR?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 318
JURISDICTION ACTIONS AND REMEDIES
The decision of the Regional Director is
appealable to the Secretary of Labor
within five (5) calendar days from receipt
of the order upon posting of a cash or
surety bond in the amount equivalent to
the monetary award in the order
appealed from. (Republic Act No. 7730 in relation to Article 129
of the Labor Code).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 319
JURISDICTION ACTIONS AND REMEDIES
 WHO CAN ASSUME
JURISDICTION OR
CERTIFY THE
DISPUTE TO THE
NLRC FOR
COMPULSORY
ARBITRATION?

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 320
STRIKES 06052021
 SECRETARY OF DEPT. OF
LABOR AND EMPLOYMENT
SILVESTRE BELLO III

Department of Labor and Employment

Muralla St. cor. Gen. Luna St., Intramuros,
1002 Manila, Philippines
Hotline DOLE 2917 from your Globe or TM
mobile phones 908-2917 from your
fixed-line phones for free
You can also text (SMS) us at 2910

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 321
STRIKES 06052021
 SECRETARY OF
LABOR:
Art. 278(g) of the Labor
Code grants plenary
power to the Secretary of
Labor to assume
jurisdiction over a labor
dispute in an industry
indispensable to the
national interest, or to
certify the same to the
NLRC for compulsory
arbitration.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 322
JURISDICTION ACTIONS AND REMEDIES
Factors that have to be complied with BEFORE
Secretary may assume jurisdiction:

a) There exists a labor dispute

b) Said labor dispute is causing or likely to

cause a strike or lock-out

c) Said labor dispute involves an industry

indispensable to the national interest

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 323
STRIKES 06052021
 IS IT NECESSARY THAT
THERE BE A NOTICE OF
STRIKE BEFORE THE
SECRETARY OF LABOR
CAN ASSUME
JURISDICTION?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 324
JURISDICTION ACTIONS AND REMEDIES
ANSWER: No!
The Secretary of Labor is not precluded from
assuming jurisdiction over a labor dispute in a
vital industry even if there is no notice of
strike or a formal complaint. He need not wait
for a notice of strike or a formal complaint
about a strike already in progress before he
could exercise the powers given to him by law
to avoid the strikes, picketing or lockouts
contemplated in the grant of power. (Saulog
Transit vs. Lazaro, 128 SCRA 591.)
ADA ABAD 2021 UP ONLINE LABOR BAR
REVIEW MODULES 3&4 SELF-ORG UNTIL 325
STRIKES 06052021
 CAN YOU QUESTION
THE SECRETARY’S
DECISION TO
ASSUME
JURISDICTION?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 326
JURISDICTION ACTIONS AND REMEDIES
ANSWER: NO!
The Secretary of Labor has discretion to
assume jurisdiction or to certify to the NLRC
on the ground that the labor dispute is one
"adversely affecting the national interest", and
said exercise of discretion cannot be
questioned. (FEATI University vs. Bautista, 18 SCRA 1191)

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 327
STRIKES 06052021
MAY THE STRIKERS REFUSE TO COMPLY WITH THE
ASSUMPTION OR CERTIFICATION ORDER, ON THE
GROUND THAT THERE IS A PENDING MOTION FOR
RECONSIDERATION QUESTIONING THE VALIDITY OF
SAID ASSUMPTION/CERTIFICATION ORDER?
ADA ABAD 2021 UP ONLINE LABOR BAR
REVIEW MODULES 3&4 SELF-ORG UNTIL 328
STRIKES 06052021
ANSWER: NO!
Assumption and certification orders are executory
in character and are strictly to be complied with by
the parties even during the pendency of any
petition questioning their validity. (Union of Filipro Employees.,
192 SCRA 396)

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 329
STRIKES 06052021
WHAT IS THE EFFECT OF AN ASSUMPTION OR
CERTIFICATION ORDER?

1. The intended strike or lock-out is

automatically enjoined;

2. If one has already taken place at

the time of the issuance of the
assumption or certification order,
then --

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 330
STRIKES 06052021
 2.1) Striking or locked-out workers
shall immediately return to
work

2.2) Employer is required to

immediately resume
operations and readmit all
workers under the same terms
and conditions prevailing
before the strike (status quo
ante)

ADA ABAD 2021 UP ONLINE LABOR BAR

REVIEW MODULES 3&4 SELF-ORG UNTIL 331
STRIKES 06052021
The Sec. of DOLE may suspend the effects
of termination pending resolution of the
dispute in the event of a prima facie
finding that the termination may cause a
serious labor dispute or is in
implementation of a mass lay-off.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 332
JURISDICTION ACTIONS AND REMEDIES
 WHAT ARE
INSTANCES WHEN
SECRETARY’S
DECISION IS FINAL
AND EXECUTORY?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 333
JURISDICTION ACTIONS AND REMEDIES
Finality of the Secretary of Labor’s
decision in certification election cases on
appeal from Med-Arbiter’s decision:
Section 15, Rule XI, Book V of the amended
Implementing Rules provides that the decision of the
Secretary of Labor on appeal from the Med-Arbiter’s
decision on a petition for certification election shall
be final and executory; the implementation of the
Secretary’s decision affirming the Med-Arbiter’s
decision to conduct a certification election “shall not
be stayed unless restrained by the appropriate
court.” ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 334
JURISDICTION ACTIONS AND REMEDIES
Finality of the Secretary of Labor’s decision in
labor standard cases on appeal from the
Regional Director’s decision:

Section 5, Rule V (Execution) of the Rules on the

Disposition of Labor Standards Cases in Regional
Offices provides that “the filing of a petition for
certiorari before the Supreme Court (now Court of
Appeals) shall not stay the execution of the
[appealed] order or decision, unless the aggrieved
party secures a temporary restraining order from the
Court.”
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 335
JURISDICTION ACTIONS AND REMEDIES
 WHAT IS THE
PROCEDURE IN
REVIEWING THE
DECISION OF THE
SECRETARY OF
LABOR?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 336
JURISDICTION ACTIONS AND REMEDIES
In conformity with the case of St. Martin Funeral
Homes vs. NLRC, supra., the remedy of an aggrieved
party is to timely file a motion for reconsideration
with the Office of the Secretary of Labor as a
precondition for any further or subsequent remedy,
and then seasonably file a special civil action for
certiorari [to the Court of Appeals] under Rule 65 of
the 1997 Rules of Civil Procedure. (National Federation of Labor
vs. Laguesma, 304 SCRA 405 [1999]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 337
JURISDICTION ACTIONS AND REMEDIES
BUREAU OF LABOR RELATIONS
(BLR):
Statutory basis:

Art. 226 of the Labor Code provides as follows –

“The Bureau of Labor Relations and the Labor Relations Division in the
regional offices of the Department of Labor shall have original and
exclusive authority to act, at their own initiative or upon request of either
or both parties, on all inter-union and intra-union conflicts,
and all disputes, grievances or problems arising from or
affecting labor-management relations in all workplaces
whether agricultural or non-agricultural, except those arising
from the implementation or interpretation of collective bargaining
agreements which shall be the subject of grievance procedure and/or
ADA ABAD 2021 UP LABOR LAW REVIEW
voluntary arbitration.” MODULE5 PART2 AND MODULE 6 338
JURISDICTION ACTIONS AND REMEDIES
INTRA-UNION AND INTER-UNION
DISPUTE DISTINGUISHED;

Conflict is within the original and

exclusive jurisdiction of the
Med-Arbiter of the Bureau of
Labor Relations

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 339
JURISDICTION ACTIONS AND REMEDIES
An intra-union conflict would refer to a
conflict within or inside a labor union,
and an inter-union controversy or
dispute, is one occurring or carried on
between or among unions.
Under Article 226 of the Labor Code, the
controversy is within the exclusive, original
jurisdiction of the Med-Arbiter of the Bureau of
Labor Relations whose decision is appealable to
the Secretary of Labor. (Pepsi- Cola Sales & Advertising Union vs. Sec.
of Labor, 211 SCRA 843 [1992]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 340
JURISDICTION ACTIONS AND REMEDIES
8.3 Petitions for cancellation of union registration.

Under Sections 3 and 4, Rule VIII of Book V of the Rules and

Regulations implementing the Labor Code, as amended by
Department Order No. 09 [April 1997], petitions for
cancellation of union registration may be filed with a Regional
Office, or directly, with the Bureau of Labor Relations.

Appeals from the decision of a Regional Director may be

filed with the BLR Director whose decision shall be final
and executory. On the other hand, appeals from the
decisions of the BLR may be filed with the Secretary of
Labor whose decision shall be final and executory.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 341
JURISDICTION ACTIONS AND REMEDIES
8.4 Finality of BLR decision.

Thus, under Sections 7 to 9 of the Omnibus

Rules and under Sections 3 and 4 of the
Implementing Rules (as amended by
Department Order No. 09), the finality of the
BLR decision is dependent on whether or not
the petition for cancellation was filed with the
BLR directly.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 342
JURISDICTION ACTIONS AND REMEDIES
• if the petition for cancellation
is directly filed with BLR, its
decision cancelling union
registration is not yet final and
executory as it may still be
appealed to the Office of the
Secretary.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 343
JURISDICTION ACTIONS AND REMEDIES
• However, if the petition for
cancellation was filed with the
Regional Office, the decision of
the BLR resolving an appeal of
the decision of said Regional
Office is final and executory. (Abbott
Laboratories Philippines, Inc. vs. Abbott Laboratories Employees Union,
323 SCRA 392 [2000]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 344
JURISDICTION ACTIONS AND REMEDIES
GRIEVANCE MACHINERY:

Statutory basis. –

Article 273 [260], Labor Code. -- “The parties to a

Collective Bargaining Agreement shall include therein
provisions that will ensure the mutual observance of
its terms and conditions. They shall establish a
machinery for the adjustment and resolution of
grievances arising from the interpretation or
implementation of their Collective Bargaining
Agreement and those arising from the interpretation
or enforcement of company personnel policies.”
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 345
JURISDICTION ACTIONS AND REMEDIES
The filing of complaint for illegal
dismissal with Labor Arbiter BEFORE
the grievance machinery could
resolve the matter, would be
premature. (RCPI vs. NLRC, 223 SCRA 656 [1993]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 346
JURISDICTION ACTIONS AND REMEDIES
As a matter of fact, it is the author’s
opinion that if the case was initially
referred to the Grievance Machinery, the
Labor Arbiter would have no jurisdiction
over the same.

If unresolved after the grievance

procedure, the case should go to
voluntary arbitration.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 347
JURISDICTION ACTIONS AND REMEDIES
ARBITRATION:

Statutory basis:

The relevant provisions of Arts. 273,

274, 275 (260, 261 and 262) of the Labor
Code state as follows:

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 348
JURISDICTION ACTIONS AND REMEDIES
“ARTICLE 273 (260). Voluntary
Arbitration. —
xxx

All grievances submitted to the grievance

machinery which are not settled within seven (7)
calendar days from the date of its submission
shall automatically be referred to
voluntary arbitration prescribed in the
Collective Bargaining Agreement.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 349
JURISDICTION ACTIONS AND REMEDIES
 HOW WILL YOU
CHOOSE THE
VOLUNTARY
ARBITRATOR?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 350
JURISDICTION ACTIONS AND REMEDIES
 For this purpose, parties to a Collective
Bargaining Agreement shall either:

(a) name and designate in advance a Voluntary

Arbitrator or panel of Voluntary Arbitrators,
OR
(b) include in the agreement a procedure for
the selection of such Voluntary Arbitrator
or panel of Voluntary Arbitrators, preferably
from the listing of qualified Voluntary
Arbitrators duly accredited by the Board.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 351
JURISDICTION ACTIONS AND REMEDIES
 WHAT HAPPENS IF
THE PARTIES FAIL TO
CHOOSE A COMMON
VOLUNTARY
ARBITRATOR?

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 352
JURISDICTION ACTIONS AND REMEDIES
In case the parties fail to select a Voluntary
Arbitrator or panel of Voluntary Arbitrators,
the Board shall designate the
Voluntary Arbitrator or panel of
Voluntary Arbitrators, as may be
necessary, pursuant to the selection
procedure agreed upon in the Collective
Bargaining Agreement, which shall act with
the same force and effect as if the
Arbitrator or panel of Arbitrators has been
selected by the parties as prescribed.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 353
JURISDICTION ACTIONS AND REMEDIES
ARTICLE 274 (261). Jurisdiction of Voluntary Arbitrators and
Panel of Voluntary Arbitrators. — The Voluntary Arbitrator
or panel of Voluntary Arbitrators shall have original
and exclusive jurisdiction to hear and decide all
unresolved grievances arising from the interpretation
or implementation of the Collective Bargaining
Agreement and those arising from the interpretation
or enforcement of company personnel policies
referred to in the immediately preceding article.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 354
JURISDICTION ACTIONS AND REMEDIES
Accordingly, violations of a Collective
Bargaining Agreement, except those which are
gross in character, shall no longer be treated as
unfair labor practice and shall be resolved as
grievances under the Collective Bargaining
Agreement.

For purposes of this Article, gross violations of

a Collective Bargaining Agreement shall mean
flagrant and/or malicious refusal to comply with
the economic provisions of such agreement.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 355
JURISDICTION ACTIONS AND REMEDIES
The Commission, its Regional Offices and the
Regional Directors of the Department of Labor
and Employment shall not entertain disputes,
grievances or matters under the exclusive and
original jurisdiction of the Voluntary Arbitrator
or panel of Voluntary Arbitrators and shall
immediately dispose and refer the same to the
Grievance Machinery or Voluntary Arbitration
provided in the Collective Bargaining
Agreement.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 356
JURISDICTION ACTIONS AND REMEDIES
ARTICLE 262. Jurisdiction over other
labor disputes. — The Voluntary
Arbitrator or panel of Voluntary
Arbitrators, upon agreement of the
parties, shall also hear and decide all
other labor disputes including unfair
labor practices and bargaining
deadlocks.”

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 357
JURISDICTION ACTIONS AND REMEDIES
10.1 Jurisdiction of voluntary arbitrators. (Ludo & Luym Corp.
vs. Saornido, 20 January 2003, 395 SCRA 451.)

Generally, the arbitrator is expected to decide only those

questions expressly delineated by the submission
agreement. Nevertheless, the arbitrator can assume that
he has the necessary power to make a final settlement
since arbitration is the final resort for the adjudication of
disputes. The succinct reasoning enunciated by the Court
of Appeals in support of its holding, that the Voluntary
Arbitrator in a labor controversy has jurisdiction to render
the questioned arbitral awards, deserves concurrence,
thus:
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 358
JURISDICTION ACTIONS AND REMEDIES
In one case, the Supreme Court stressed that
“. . . the Voluntary Arbitrator had plenary
jurisdiction and authority to interpret the
agreement to arbitrate and to determine the
scope of his own authority subject only, in a
proper case, to the certiorari jurisdiction of the
Court. The Arbitrator, as already indicated,
viewed his authority as embracing not merely
the determination of the abstract question of
whether or not a performance bonus was to be
granted but also, in the affirmative case, the
amount thereof.
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 359
JURISDICTION ACTIONS AND REMEDIES
By the same token, the issue of regularization should be viewed
as two-tiered issue. While the submission agreement
mentioned only the determination of the date of regularization,
law and jurisprudence give the voluntary arbitrator enough
leeway of authority as well as adequate prerogative to
accomplish the reason for which the law on voluntary
arbitration was created — speedy labor justice. It bears
stressing that the underlying reason why this case arose is to
settle, once and for all, the ultimate question of whether the
employees are entitled to higher benefits. To require them to file
another action for payment of such benefits would certainly
undermine labor proceedings and contravene the constitutional
mandate providing full protection to labor. (Ludo and Luym Corporation
vs. Saornido as Voluntary Arbitrator, et al., G.R. No. 140960, 20 January 2003, citing
C.A. Azucena, The Labor Code, with Comments and Cases, 1993 ed., at 283, and Sime
Darby Pilipinas, Inc. vs. Magsalin, 180 SCRA 177, 183 [1989]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 360
JURISDICTION ACTIONS AND REMEDIES
Voluntary Arbitration of termination
disputes.
“All other disputes” under Article 262 of the
Labor Code may include termination disputes,
provided that the agreement between the
company and the union states in unequivocal
language that the parties conform to the
submission of termination disputes and unfair
labor practices to voluntary arbitration. (Vivero vs. Court
of Appeals, et al., 344 SCRA 268 [2000]).

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 361
JURISDICTION ACTIONS AND REMEDIES
Article 261 of the Labor Code provides that voluntary arbitrators shall
have original and exclusive jurisdiction to hear and decide all
unresolved grievances arising from the interpretation or
implementation of the Collective Bargaining Agreement and those
arising from the interpretation or enforcement of company personnel
policies.

On the other hand, a reading of Article 217 in conjunction with

Article 262 shows that termination disputes fall under the jurisdiction
of the labor arbiter unless the union and the company agree
that termination disputes should be clear and unequivocal.
Existing law is an intrinsic part of a valid contract without need for
the parties to expressly refer to it. Thus, the original and exclusive
jurisdiction of the labor arbiter over unfair labor practices,
termination disputes, and claims for damages cannot be arrogated
into the powers of voluntary arbitrators in the absence of an express
agreement between the union and the company. (Landtex Industries vs.
Court of Appeals, 529 SCRA 631 [2007], citing
ADA ABAD San
2021 UP Miguel
LABOR Corp. vs. NLRC, 255 SCRA 133 [1996]).
LAW REVIEW
MODULE5 PART2 AND MODULE 6 362
JURISDICTION ACTIONS AND REMEDIES
Voluntary Arbitration is
mandatory in character if there is
a specific agreement between the
parties to that effect.

ADA ABAD 2021 UP LABOR LAW REVIEW

MODULE5 PART2 AND MODULE 6 363
JURISDICTION ACTIONS AND REMEDIES
11. NATIONAL CONCILIATION AND
MEDIATION BOARD. –

11.1 Statutory Basis: Article 13, Section 3,

Constitution:

“The State shall promote xxx the preferential

use of voluntary modes of setting disputes
including conciliation and shall ensure
mutual compliance by the parties thereof in
order to foster industrial peace.”
ADA ABAD 2021 UP LABOR LAW REVIEW
MODULE5 PART2 AND MODULE 6 364
JURISDICTION ACTIONS AND REMEDIES