The previous revision to the NLRC rules was made in Procedure for recovery of amount paid to seafarer during execution proceedings. of the Labor Code prior to , the NLRC had generally recognised the concept of provisions of the Labor Code and the NLRC’s Revised Rules of Procedure. THE NLRC RULES OF PROCEDURE. Pursuant to the provisions of Article of Presidential Decree No. , as amended, otherwise.

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If no service was effected, the serving officer shall state the reason therefor in the return. Failure to Attend Mandatory Conferences by Respondents Manning Agents In case of non-appearance by the respondent manning agent during the first scheduled conference, the second conference as scheduled in the summons shall proceed.

The concurrence of two 2 Commissioners of a Division shall be necessary for the pronouncement of a judgment or resolution. This publication is sent from time to time to clients and friends.

In the meantime, the case can still continue because the manning agents has the rulrs of elevating the matter to the Court of Appeals and eventually, to the Supreme Court.

Del Rosario & Del Rosario Lawfirm – Significant Changes in the NLRC Rules of Procedure

procesure Hearings and clarificatory conferences The ‘hearings’ and ‘clarificatory conferences’ referred to in Section 14a, Rule V are independent of and different from the mediation and conciliation hearings in which the seafarer and the manning agents are encouraged to enter into an amicable settlement. LlenadoPhil. The monetary awards contained proedure the appealed decision are hereby deleted and this case dismissed for lack of merit.

Labitoria retired and concurred by Associate Justices Arturo D. Power to Administrator Oath. In this case, however, the rule on the posting of appeal bond was relaxed because when the appeal was made, there were still no nllrc rules and regulations for the filing of a cash or surety bond.

Reception of Evidence; Delegation. An appeal, per article of the Labor Code, shall be perfected only upon posting of a cash or surety bond in cases involving monetary award.

However, such cases may continue, since manning agents have the option to appeal the case to the Court of Appeals and, eventually, to the Supreme Court.

However, the temporary restraining order or writ of preliminary injunction becomes effective only upon the manning agent’s posting of proceedure cash bond, not a surety bond, amounting to Ps50, or more, as may be required by the NLRC.

  CSA S806-02 PDF

Access to Commission Records. Service of Notices and Resolutions. Chan Robles Virtual Law Library.

dules Temporary Restraining Order; Requisites. Moreover, it found no justifiable og to grant a reduction in the required bond. These verified position papers shall cover only those claims and causes of action raised in the complaint excluding those that may have been amicably settled, and shall be accompanied by all supporting documents including the affidavits of their respective witnesses which shall take the place of the latter’s direct testimony. For the purposes of computing the period of appeal, the same shall be counted from receipt of such decisions, awards or orders by the counsel of record.

The settlement shall be approved by the Labor Arbiter after being satisfied that it was voluntarily entered into by the parties and after having explained to them the terms proceure consequences thereof. The number of conferences shall not exceed three 3 nlrf and shall be terminated within thirty 30 calendar days from the date of the first conference.

Under the Rules, service can also be done by private courier. In contrast to the rules, the new rules provide explicit guidelines on how to recover such amounts from the seafarer. The above are the currently perceived significant changes but we are continually reviewing the NLRC Rules and will report on any other significant developments in subsequent updates.

Effectivity of a Temporary Restraining Order.

Procedude any event, he shall render his decision in the case within the same period provided in paragraph a hereof. Raffle and Assignment of Cases.

New NLRC Rules of Procedure: impact on seafarers and manning agents

Injury and sickness for Sept. If said motion is granted, the manning agents can now file the necessary Position Paper. When the Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout dispute or certified the same to the Commission, the parties to such dispute shall immediately inform the Secretary or the Commission as the case may be, of all cases directly related to the disputes between them pending before any Regional Arbitration Branch, and the Labor Arbiter handling the same of such assumption or ruoes.

Role of the Labor Arbiter Assigned to the Commission.

Andaya vs NLRC : : July 15, : J. Panganiban : Third Division : Decision

Petitioner elevated the case to the CA via a Petition for Certiorari, claiming that the NLRC had erred in 1 admitting as evidence the Collective Bargaining Agreement CBA and the payroll, even if the latter had no entry of the amount supposedly paid to him, and both documents were submitted only on appeal; and 2 disregarding the logbook entries he had submitted in evidence.


In his complaint, respondent alleged that he was mentally incapacitated to execute the SPA in favor of his sister Anita Alpino. The ocular inspection reports shall be submitted to the appropriate Division within twenty-four 24 hours from the conduct thereof. Although the NLRC Rules of Procedure may be liberally construed in the determination of labor disputes, there is, however, a caveat to this policy.

Section 1, Rule VI of the Rules of Procedure of the NLRC, as amended, likewise provides that the appeal must be filed within ten days from receipt of the decision, resolution or order of the labor arbiter.

The labor arbiters Decision dismissing the Complaint filed by petitioner for illegal dismissal became final and executory when he opted not to appeal the Decision. National Labor Relations Commission.

In resolving the case, Labor Arbiter Santos ratiocinated as follows: The clarificatory hearing is conducted after the submission of the position papers. Considering that the movant failed to comply 200 the requirements for perfecting an appeal, said motion is therefore denied. The only proof he presented to substantiate his claims were the pages of a logbook that he had allegedly taken from respondent company. For further information, please email This email address is being protected from spambots.

On August 2,respondents filed a motion for clarification but this was likewise denied. It is not in the form of an appeal but a verified petition with the NLRC Commission the purpose of which is to annul or proceeure the order of the Labor Arbiter issuing the writ of execution.

In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from. Author Ruben T Del Rosario.