1.

Who may determine E-E relationship?

a. Dole secretary or dole regional directors to the exclusion of LA and NLRC
b. Med-arbiter
c. Social security commission

2.

If the OFW was not able to fly, will the LA have jurisdiction?
YES. LA have jurisdiction even absent the employment relationship. In Santiago vs. CF
Sharp Crew Management Inc. the OFW who was not deployed may file monetary claims
with the Labor Arbiter because its jurisdiction is not limited to claims arising from E-E
relationship. Under migrant workers and OFW act of 1995, LA may exercise jurisdiction over
the claims of OFWs not only which arise from E-E relationship but also by virtue of any law
or contract involving OFWs including claims for any form of damages
*even the heirs of the deceased OFW have personality to file the claim
*VA will have jurisdiction over money claims IF there is a CBA between foreign employer
and bargaining union of OFWs
*POEA has jurisdiction over recruitment violations and disciplinary actions

3.

What cases fall under the jurisdiction of the LA?

a. Unfair labor practice (civil aspect only)
b. Illegal dismissal (not a grievance, conferred to LA by operation of law)
c. Money claims exceeding 5k (principal action is illegal dismissal)
d. Damages (including atty fees)
e. Legality of strikes and lockouts
f. Disputes involving legislated wage increase and distortion in an unorganized
establishment not voluntarily settled by the parties
g. Contested cases under the exception clause in 128(b) of Labor code
h. Compromise agreements when there is non-compliance
i. Issuance of WoE to enforce decisions of VA when VA who rendered the decision is
absent or incapacitated
j. Money claims of OFWs
k. Other cases
i. GOCC without original charters
ii. Kasambahay in claims > 5k
iii. Employees of cooperatives (money claims and dismissal only)
iv. Counter-claims of employers against employees

4.

What are the exceptions?

a. Assumed cases DOLE SEC/ PREZ assumes jurisdiction over nation interest cases
b. Certified cases NLRC exercises compulsory arbitration over national interest cases
certified by the DOLE SEC
c. Cases arising from CBA referred to grievance machinery and voluntary arbitration
as provided in the agreement
d. Cases submitted to VA when parties mutually agree to submit the case before VA

5.

LA has no jurisdiction over?

a. Non compete clause
b. Claims for payment of Cash advance, car, loans of employee
c. Dismissal of corporate officers and their money claims
d. Cases Involving entities immune from suit (DFA vs NLRC: ADB is immune and
such extends to its officers) unless acting in proprietary activity (restaurant at John
Hay)
e. Cases falling under forum non conveniens
i. Parties may conveniently resort to PH court
ii. In a position to make intelligent decisions as to the law and facts
iii. Likely to have power to enforce its decision
f. Constitutionality of CBA (Halaguena vs. PAL)
i. It is an ordinary civil action
ii. Issue cannot be resolved solely by applying labor code
iii. E-e merely incidental since CoA arose from Constitution

6.

Who are corporate officers?

a. Expressly mentioned in corporation code and by laws
b. Elected or appointed by directors or sh
c. Given that character by corpo code or by laws (prez, secretary, treasurer)
d. 2 elements to determine if intra corporate or not?
i. Status or relationship of parties
ii. Nature of the question that is the subject of controversy

7.

Discuss the doctrines in the ff cases:

a. Tabang intra corporate controversy is one which arises between SH and the
corporation (too broad)
b. Nacpil includes controversies involving both election and appointment of directors
c. Matling industrial and commercial corporation corporate officers are those
expressly mentioned in the corporation code or by-laws

8.

JURISDITION OF CONTESTED CASES UNDER THE EXCEPTION CLAUSE

INVOLVING INSPECTION BELONGS TO WHICH TRIBUNAL? (7)
LA! 128(b) states that the DOLE SEC or duly authorized rep shall issue writs of execution
EXCEPT in cases where the employer contests the findings and raises issues supported by
documentary proofs which were not considered in the course of inspection
3 elements must concur:
(1) employer contests the findings and raises issues thereon
(2) in order to resolve such, there is a need to examine evidentiary matters
(3) such matters are not verifiable in the normal course of inspection
Meteoro vs Creative Creatures Inc.

9.

what is the process with strikes/lockouts?

a. File a notice with NCMB
b. Question legality before LA/ VA
c. Secure injunctive relief with NLRC as LA & VA has none
d. DOLE SEC may assume jurisdiction or certify the same for NLRC
e. Before or at any stage of compulsory arbitration, the parties may submit dispute to
voluntary arbitration

10. Reinstatement pending appeal

a. Immediately executory pending appeal applies only to those issued by LA (LA may
issue motu proprio)
i. Actual reinstatement
ii. Payroll reinstatement
b. STILL required when:
i. Employer disobeys report of compliance
ii. When employer refuses to reinstate employee
c. No way of staying execution
d. Does not apply when dismissal is legal
11. Appeal
a. From LA NLRC
b. NLRC rule 65 CA then rule 45 SC
c. Grounds:
i. Prima facie evidence of Abuse of discretion by LA
ii. Decision secured through fraud or coercion
iii. Purely on questions of law
iv. Serious errors in findings of fact which if not corrected would cause grave
or irreparable damages
d. REQS:
i. Within reglementary period (10 calendar days from receipt of counsel)

ii.
iii.
iv.
v.

Pay appeal and legal research fee

File memo of appeal
Proof of service (not jurisdictional in some cases)
Posting cash/ property/ surety bond in case of monetary awards

12. BONDS
a. Can either be cash/ property/ surety when decision involves monetary award
b. Equivalent to monetary award EXCLUDING damages and atty fees
c. In case of failure to post, employees remedy is MtD and NOT mandamus
d. When reduced?
i. If filed within period
ii. Based on meritorious grounds
iii. Motion with partial bond, not inadequate
13. What is the composition of the NLRC?
a. 24 members
i. 1 chair + 7 from public sector
ii. 8 from workers sector
iii. 8 from employers sector
b. en banc has no adjudicatory powers, they only promulgate rules and formulate
policies
14. original jurisdiction of NLRC
a. injunction in ordinary labor disputes
b. injunction in lockouts/strikes
c. certified cases
d. annul or modify orders of LA
15. exclusive appellate jurisdiction of NLRC?
a. All cases decided by LA
b. Cases decided by DOLE regional directors involving small money claims
c. Contempt cases by LA
d. Cases of OFWs under migrant workers act
16. Discuss the doctrines under reinstatement wages:
Roquero
If employer fails to follow reinstatement order of LA but instead initiates appeal, even if the
decision of the LA is reversed, he will still be liable to pay reinstatement wage from the time
of the order of reinstatement until the date of reversal. If the employee was reinstated, he will
not be required to reimburse the salary he received in case of reversal.
Genuino
If employee was reinstated only on the payroll, he should refund the salaries received if his
dismissal is finally found legal on appeal.
Garcia
(1) refund doctrine of Genuino should no longer be observed.
(2) Requero was modified, employee may be barred from collecting accrued wages, if the
delay in enforcing the reinstatement pending appeal was without fault on the part of the
employer
(3) two-fold test:
there must be delay, or order of reinstatement pending appeal was not executed prior to its
reversal
delay must not be due to the employers act or omission

17. effects of certification?

a. Impending strike or lockout - auto enjoined
b. Actual strike or lockout return to work under existing conditions
c. Cases already filed absorbed by the certified case
d. Jurisdiction with division having territorial jurisdiction over principal office
18. Jurisdiction of MED ARBITERS/ DOLE DIRECTORS/ BLR DIRECTOR in general
a. Inter union disputes (conflict between legitimate labor unions involving
representation for purposes of CBA)
b. Intra-union disputes (conflict within a labor union)
i. Election of officers
ii. Validity of expulsion or any disciplinary action meted against any officer
and member
c. Other related labor relations disputes
i. Between labor union and employer
ii. Union and a group not a labor org
iii. Union and individual not member of such union
MED ARBITER
Inter union (Appeal To DOLE)
Intra union (Appeal To BLR)
Other related labor relations
disputes (Appeal To BLR)
Contempt

DOLE REGIONAL
DIRECTOR (Appeal To BLR)
Cancellation of registration of
unions
Deregistration of CBAs
Examination of book of
accounts

BLR DIRECTOR
Registration/cancellation of
federations, national or industry
and trade unions
Examination of books of the
aforementioned
Intra-union of such
Contempt

19. How is the writ of execution from VA enforced?

a. VA may motu proprio or on motion issue a writ of execution within 5 years from the
date it becomes final and executory
b. If VA or panel of VAs absent or incapacitated, LA in region where movant resides
may issue but only upon motion
20. Prescription of actions
a. ULP 1 year from time committed
b. Non-remittance of SSS against employer 20 years from time delinquency is known,
assessment is made by SSS or time benefit accrues
c. Disability claims 10 years from disability
d. GSIS claims except for life and retirement, 4 years from contingency
e. Money claims of OFW 3 years
f. Offenses penalized under labor code 3 years from commission
g. Simple illegal recruitment 5 years
h. Illegal recruitment involving economic sabotage 20 years
i. Illegal dismissal 4 years
NATURE OF CLAIM
ULP
Money claims of OFW
Offenses under labor code
GSIS claims
Illegal dismissal
Simple illegal recruitment
Disability claims with SSS
Illegal recruitment with eco sabotage
Non-remittance of SSS vs employer

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