SUPREMECOURT FLOWCHARTBASEDONJURISDICTION ARofthe COURTOFAPPEALS

May assume jurisdiction over cases in Art. 263 (g) or certify the sametoNLRC

OfficeoftheDOLESEC. BUREAUOFLABOR RELATIONS VOLUNTARY ARBITRATION

NLRC

LABORARBITER
ULP TerminationDisputes Cases involving wages, rates of pay, hours of work and other terms and conditions of employmentifaccompaniedwith claimforreinstatement 4. Claims for actual, moral, exemplary and other forms of damages arising from employer employeerelationship 5. Violation of Art. 264, including illegalityofstrikesandlockouts 6. Involving claims for an amount exceeding P 5,000 regardless whether accompanied with a claimforreinstatement(Art.217) 7. NonCompliance in compromise agreements(Art.227) 8. Executionofawardsofvoluntary arbitrator(Art.262A) 9. Overseas employment disputes e.g. money claims arising from such(R.A.8042) 10. Wage distortion (where there is noCBA(Art.124) 1. 2. 3.

REGIONALDIRECTOR (Art.128/129)
1. 2. 3. Labor Standards enforcement Occupational safety &Healthviolation Money claims arising from labor standards violation not exceeding 5,000perindividual & w/o claim for reinstatement Recovery of wages andothermonetary claims & benefits, legal interest owing tooneemployedin domestic household service or house helper arising from EER not exceeding P 5000andw/oclaim forreinstatement Violation of the constitutionandby lawsoroftherights and condition of membership (Art. 241) 1.

POEA
Cancellation/susp ension of License of Authority to recruit of Recruitment Agencies (RA 8042) Disciplinary Actions against OFWs All administrative cases arising out of rules and regulations relating to licensing & registration of recruitment & employment agencies Disciplinary actions and other special cases administrative in character, involving employers, principals, contracting partners&Filipino migrantworkers

BUREAUOFLABOR RELATION
1. Federation/National Union/Trade Union Center Registration, revocation & cancellationcases Complaints involving federations, national unions,industryunions itsofficersormembers Request for examinationofbookof accounts of federations / national unionsandtradeunion center(Art.274) Interunion and intra union conflicts, and all disputes, grievances or problems arising from or affecting labor management relation (Art.226)

REGIONALOFFICEMEDARBITER
1.

GRIEVANCE MACHINERY
1. Disputes concerning interpretation or implementation ofCBA Disputes concerning interpretation and enforcement of company personnel policies All other grievances as defined in the CBA Wage distortion when there is a CBA(Art.124)

2.

2.

2.

3.

3.

3. 4.

4.

5.

4.

6.

4.

5.

7.

8.

Independent union/chartered local registration, revocation andcancellationcases Complaints or petitions involving labor unions with independent registration, chartered local, workers assoc.,itsofficers/members Electionofofficers CBA registration of independent local & charteredlocal Other intraunion & inter union&relatedlaborrelation disputes shall be heard & resolved by the Medarbiter inReg.Office Request for examination of books of accounts of individual labor union and charteredlocal(Art.274) Actions arising from Art. 241 from administration & accountingofunionfunds Petition for certification election (appealed to Sec. Of Labor&nottoBLR)

2.

3.

4.

192

 INJUNCTION 1 ARTICLE217 OFTHELABOR CODE 2

MONEYCLAIMS underSection10 RA8042as amended 3 Unresolved Grievances, otherdisputes byparties agreements 4 Noticesof Strikesor Lockout,other disputefor preventive mediations 5

LABOR STANDARDS ART.128(b)LC 6

LABOR STANDARDS ART.129,LC 7

InterIntra Union Disputes 8

Representation Issues 9

LABORARBITER (RAB)

NationalConciliationand MediationBoard(NCMB)

REGIONAL OFFICE

REGIONAL DIRECTOR

MED ARBITER

OR
VOLUNTARY ARBITRATOR

NLRC (COMMISSIONLEVEL)

OFFICEOFTHE SECRETARY

BLR DIRECTOR

Art.263(g)

FLOWCHARTBASEDONCAUSESOFACTION

COURTOFAPPEALS

SUPREMECOURT

193


INJUNCTION 1

Article218(e)oftheLaborCodeINJUNCTION Petitionsforinjunctionareinitiallybroughttoanddecidedatthecommissionlevel.

RuleX,Sections1and2ofthe2005RevisedRulesoftheNLRC,providesthat: InjunctioninOrdinaryLaborDisputes.Apreliminaryinjunctionorrestrainingorder maybegrantedbytheCommissionthroughitsDivisionspursuanttotheprovisions ofparagraph(e)ofArticle218oftheLaborCode,asamended,whenitisestablished on the basis of the sworn allegations in the petition that the acts complained of involving or arising from any labor dispute before the Commission, which, if not restrainedorperformedforthwith,maycausegraveorirreparabledamagetoany partyorrenderineffectualanydecisioninfavorofsuchparty. Injunction in Strikes or Lockouts. A preliminary or permanent injunction may be grantedbytheCommissiononlyafterhearingthetestimonyofwitnessesandwith opportunityforcrossexaminationinsupportoftheallegationsofthecomplaintor petition made under oath, and testimony by way of opposition thereto, if offered, andonlyafterafindingoffactbytheCommission:

NLRC (COMMISSION LEVEL)

COURTOF APPEALS

SUPREME COURT

a) That prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained,butnoinjunctionor temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, associationororganizationmakingthethreatorcommittingtheprohibited or unlawful act or actually authorizing or ratifying the same after actual knowledgethereof. b) That substantial and irreparable injury to petitioner's property will follow; c) That as to each item of relief to be granted, greater injury will be inflicteduponthepetitionerbythedenialofreliefthanwillbeinflicted uponrespondentsbythegrantingofrelief; d)Thatpetitionerhasnoadequateremedyatlaw;and e) That the public officers charged with the duty to protect petitioner's propertyareunableorunwillingtofurnishadequateprotection.

194

ARTICLE217 OFTHELABOR CODE 2

UnderArticle217oftheLaborCodeasamended,LaborArbitersshallhave original and exclusive jurisdiction to hear and decide the following cases involvingallworkers,whetheragriculturalornonagricultural:

1.UnfairLaborPractices; 2.TerminationDisputes;

LABOR ARBITER (RAB)

3.Ifaccompaniedwithaclaimforreinstatement,thosecasesthatworkers mayfileinvolvingwages,ratesofpay,hoursofworkandothertermsand conditionsofemployment; 4.Claims for actual, moral and exemplary and other forms of damages arisingoutofEREErelations; 5.Cases arising from any violation Art. 264 of the Labor Code, including questionsinvolvingthelegalityofstrikesandlockouts;and 6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, and all other claims arising from EEER relations, including those of persons in the domestic or household service, involving an amount exceeding P5,000 regardless of whether accompanied with a claimforreinstatement. This Article enumerates the cases falling under original and exclusive jurisdictionoflaborarbiters.Thisgivestheimpressionthatnonebutalabor arbitercanhearanddecidethesixcategoriesofcaseslisted.Butthisisnot really so. Any or all of these cases can, by agreement of the parties, be presentedtoanddecidedwithfinalitybyavoluntaryarbitratororapanel ofvoluntaryarbitrators(seeArticles261262).(AZUCENA,EveryonesLabor Code2001) NOTE: RABRegionalArbitrationBranches

NLRC (COMMISSION LEVEL)

COURTOF APPEALS

SUPREME COURT

195

MONEYCLAIMS underSection10 RA8042as amended 3

R.A.8042MigrantWorkersandOverseasFilipinosActof1995as amendedbyR.A.10022.

LABOR ARBITER (RAB)

Section 10 of RA 8042 added to the exclusive jurisdiction of the labor arbiters money claims of Overseas Filipino workers arising from violations of their employment contract against foreign employersthroughtheirlocalrecruitmentagency. Section 7 (R.A. 10022). Section 10 of Republic Act No. 8042, as amended,isherebyamendedtoreadasfollows: "SEC.10.MoneyClaims.Notwithstandinganyprovisionoflawto the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employeremployee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage.Consistentwiththismandate,theNLRCshallendeavorto update and keep abreast with the developments in the global servicesindustry NOTE: RABRegionalArbitrationBranches

NLRC (COMMISSION LEVEL)

COURTOF APPEALS

SUPREME COURT

196

Unresolved Grievances, otherdisputes byparties agreements 4

VoluntaryArbitrationMachinery Thevoluntaryarbitrationmachineryhasauthorityoverunresolvedgrievances arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of companypersonnelpolicies(Art.261,P.D.442asamended). Unresolved grievances involving distortion of wages (Art. 124, P.D. 442) and theproductivityandincentivesprogramunderSection4(b)R.A.6971.Other labordisputes,includingthoseinvolvingstrikesmaybereferredtovoluntary arbitrationbyagreementoftheparties. ARTICLE 262. JURISDICTION OVER OTHER LABOR DISPUTES. The Voluntary ArbitratororpanelofVoluntaryArbitrators,upon agreement of the parties, shallhearanddecideallotherlabordisputesincludingunfairlaborpractices andbargainingdeadlocks. Art.262oftheLaborCodeprovidesthatuponagreementoftheparties,the VoluntaryArbitratorcanhearanddecideallotherlabordisputes,including terminationdisputeswhichordinarilyfallunderthejurisdictionoftheLabor ArbitersunderArt.217oftheLaborCode.(Apalisokv.RPN,GRNo.138094, May29,2003,J.CarpioMorales). Article 217 (c) should be read in conjunction with Article 261 of the Labor Code which grants to voluntary arbitrators original and exclusive jurisdiction tohearanddecideallunresolvedgrievancesarisingfromtheinterpretationor implementationofthecollectivebargainingagreementandthosearisingfrom theinterpretationorenforcementofcompanypersonnelpolicies.Itcanthus bededucedthatonlydisputesinvolvingtheunionandthecompanyshallbe referred to the grievance machinery or voluntary arbitrators. (Maneja v. NLRC,G.R.No.124013June5,1998). InSanMiguelCorp.v.NLRC,G.R.No.108001,March15,1996,Termination disputes do not necessarily involve enforcement or interpretation of personnel policies because they are broad and longterm statements. As a rule, therefore termination disputes should be lodged with a Labor arbiter. Butthecasemaybebroughttovoluntaryarbitrationiftheparties,byvirtueof Art. 262, state in unequivocal language that they agree to submit the termination dispute to voluntary arbitration. Even a ULP case can, by agreementoftheparties,bebroughtbeforevoluntaryarbitration.(Azucena, EveryonesLaborCode,2001) AVoluntaryArbitratorisaquasijudicialinstrumentality;hence,apetitionfor certiorariunderRule65oftheRulesofCourtwillliewhereagraveabuseof discretion or an act without or in excess of jurisdiction of the voluntary arbitratorisshown.ThepetitionmaybefiledwiththeCourtofAppeals. NCMB TheNCMBcannotadjudicatebuttheitcanrecommendtothepartiesthatthe disputebesubmittedtovoluntaryarbitrationbecausethepolicystatementof thelawisvoluntarymeansofdisputesettlement

NationalConciliation andMediationBoard (NCMB)

VOLUNTARY ARBITRATOR

COURTOF APPEALS

SUPREME COURT

197

The NCMB is a disputeresolution arm under the administrative supervision of the Secretary of Labor and Employment. Its main task is to help settle labor disputes to prevent actual work stoppages (Azucena, Everyones Labor Code, 2001). NationalConciliation andMediationBoard After the receipt of Notice of strike/lockout, the (NCMB) NCMB conciliatormediators call the parties to conciliationconferences.Theyarenotjudgesand thereforetheycannotrenderverdicts. OR They can also urge submission of the dispute to preventivemediationorarbitration.Undereither proceedingsastrikeorlockoutiswithheld. VOLUNTARY OFFICEOFTHE If there is no agreement, the Secretary of Labor ARBITRATOR SECRETARY andEmploymentmayinterveneatanystage. The Secretary of Labor and Employment may Art.263(g) exercisehisauthorityunderArticle263(g)ofthe CertifiedCases LaborCodetoassumejurisdictionoverthelabor disputeortocertifythesametotheCommission for compulsory arbitration when in his opinion, NLRC COURTOF there exist a labor dispute causing or likely to (COMMISSION cause a strike/lockout in an industry APPEALS LEVEL) indispensable to national interest. (See Art.263 (g)oftheLaborCode) A notice of strike or lockout, upon agreement of parties, may be referred to alternative modes of SUPREME dispute resolution, including voluntary COURT arbitration.(SeeSection9,RuleXXII,DO4003). Notallnoticesofstrikesorlockoutsareassumed / certified by the Secretary of Labor and Employment. There are cases which are initially subject of Notice of strike or lockout but are referred to NLRCforcompulsoryarbitration,likeforinstance ULPcomplaints. Disputes initially subject of a notice of strike or lockout may be brought under Art. 217 of the LaborCode. Note: Under Art. 263 (g), disputes certified by the Secretary of Labor and Employment under her authority to assume jurisdiction are brought directlytotheNLRC(CommissionLevel).

Noticesof Strikesor Lockout,other disputefor preventive mediations 5

NationalConciliationandMediationBoard (NCMB)involvingnoticesofstrikeorlockout arisingfromcollectivebargainingdeadlocksor allegationsofunfairlaborpractices.

198

LABOR STANDARDS ART.128(b)LC 6

Article 128 (b): Enforcement of Labor Standards Laws Art. 128 (b) of the Labor Code allows the Secretary of Labor and employment, usually through an authorized representative, to inspect places of employment and, if necessary, issue compliance orders and writs of execution to enforce labor standards provisions of the labor laws. Orders issued under Art. 128 (b) by representatives of the Secretary of Labor and Employment may be appealed to the Secretary of Labor and Employment himself. Decisions of the Secretary of Labor and Employment may then be brought before the CA and thereafter, to the SC. The authority of the DOLE Secretary under Art. 128 may be exercised regardless of the monetary value involved. The Secretary of Labor and employment may even order the stoppage of work or suspension of operations of the inspected establishment or parts of it. If the employer is at fault, he may be ordered to pay the employees wages during the work stoppage or suspension of operations. The requirement of due process must be observed. In Aboitiz Shipping Corp. v. De la Serna (GR No. 88538, April 25, 1990), it was held that a Regional Director of Dole has the power to order rectification of Labor Standards violation even if such violation is not mentioned in the employees complaint.

REGIONAL OFFICE

OFFICEOFTHE SECRETARY

COURTOF APPEALS

SUPREME COURT

199

LABOR STANDARDS ART.129,LC 7

Article129oftheLC:RecoveryofWages,SimpleMoney claimsandBenefits

REGIONAL DIRECTOR

BLR DIRECTOR

NLRC (COMMISSION LEVEL)

COURTOF APPEALS

TheRegionalDirectorsauthorityunderArt.129issubject tofourrequisitesnamely: 1.The claim is presented by an employee or by person employed in domestic or household service or a house helper. 2.TheclaimarisesfromEREErelations. 3.Theclaimantdoesnotseekreinstatement. 4.Theaggregatemoneyclaimofeachemployeeorhouse helperdoesnotexceedP5000. If there is a claim for reinstatement or if the claimants demandexceedsP5,000,thelaborarbiterhasjurisdiction over the case pursuant to Art. 217 (6), except claims for employees compensation, social security, Medicare, Phil health and maternity benefits. Even as regards labor arbiter,however,ErEerelationisaprerequisiteasbasis oftheclaim. Adecisionrenderedunderthisarticle,beingadjudicatory, isappealabletotheNLRC.(AZUCENA) Note: Under Art. 129 of the LC, the Regional Director or a hearing officer of the DOLE hear and decide disputes involvingtherecoveryofwagesforaslongtheaggregate claim does not exceed P5000 and reinstatement is not sought. Designed to expedite enforcement of simple money claims, hearings are summary in nature and decisions may be appealed to the Commission level of theNLRC.

SUPREME COURT

200

InterIntra Union Disputes 8

REGIONAL DIRECTOR

MED ARBITER

OFFICEOFTHE SECRETARY

COURTOF APPEALS

InterIntraUnionDisputes Generally, IntraInter Union disputes are heard in administrative proceedings by the regional offices or the BLR, depending on the labor organization concerned. DO No. 4003 provides that interintra union disputes are resolve by MedArbiters in the regional offices with the exception of petitions for cancellation of registration of labor organizations and petitionsforderegistrationofCBAswhichareresolved bytheappropriateRegionalDirectororherappointed hearingofficer. The decisions of the MedArbiter and the Regional DirectormaybeappealedtotheBLR.Thedecisionsof the Bureau Director in the exercise of her original jurisdiction may be appealed to the Office of the Secretary. Note: The rules allow one motion for reconsideration and thereafter, the decision of the Bureau Director or the Secretary of Labor and Employment will be final and executory,butthisiswithoutprejudicetoapetitionfor certiorari (Rule 65) with the CA. Decisions of the CA may thereafter be brought to the SC by petition for reviewoncertiorari(Rule45).

SUPREME COURT
Section5(RuleXI,DO4003) Wheretofile: Complaintsorpetitionsinvolving: 1. Labor unions with independent registrations, chartered locals, workers associations, its officers or members shallbefiledwiththeRegionalOfficethatissueditscertificateofregistrationorcertificateofcreationofchartered local. 2. Federations, national unions, industry unions, its officers or member organizations shall be filed with the Bureau. Petitionsforcancellationofregistrationoflaborunionswithindependentregistrations,charteredlocals,workers associationsandpetitionsforderegistrationofcollectivebargainingagreementsshallberesolvedbytheRegional Director.He/shemayappointaHearingOfficerfromtheLaborRelationsDivision. OtherInterIntraunionandrelatedlaborrelationsdisputesshallbeheardandresolvedbytheMedArbiterinthe Regional Office. Complaints or petitions involving federations, national unions, industry unions, trade union centers and their chartered local, affiliates or member organizations shall be filed with the Regional Office or the Bureau. The complaintorpetitionshallbeheardandresolvedbytheBureau. Whentwoormorepetitionsinvolvingthesamepartiesandthesamecausesofactionarefiled,thesameshallbe automaticallyconsolidated.

201

Representation Issues 9

MED ARBITER

BLR DIRECTOR

OFFICEOFTHE SECRETARY

COURTOF APPEALS

SettlementofRepresentationIssuesUnderArt.256oftheLaborCode Representation Issues are heard and resolved by MedArbiter of the appropriate regional office. The decisions of the MedArbiters may be appealed to the Secretary of labor and employment (see Art. 259) whose decisionsinturnmaybequestionedbeforeCA(Rule65)andthereafterthe disputemaybebroughtbyanypartytotheSC(Rule45). Note: AninstancewhichcannotbeappealedisSection17,RuleVIIIofDept.Order No. 4003 (2003) on certification elections which provides that the order granting the conduct of a certification election in an unorganized establishments shall not be subject to appeal. Any issue arising therefrom may be raised by means of protest on the conduct and results of the certificationelection.

SUPREME COURT

202

 If the Resolution of the

Prosecutor finding probable RTC

CriminalActionforIllegalRecruitment (Section5,R.A.No.10022) ProsecutorsOffice Filing of Complaint Affidavit with Prosecutors Office (To Conduct Preliminary Investigation)
Section5ofR.A.No.10022 WhocanfileanactionforIllegalRecruitment? In the filing of cases for illegal recruitment or anyoftheprohibitedactsunderthissection,the Secretary of Labor and Employment,thePOEA Administrator or their duly authorized representatives, or any aggrieved person may initiate the corresponding criminal action with theappropriateoffice. For this purpose, the affidavits and testimonies ofoperativesorpersonnelfromtheDepartment of Labor and Employment, POEA and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecutetheaccused. Intheprosecutionofoffensespunishableunder this section, the public prosecutors of the DepartmentofJusticeshallcollaboratewiththe antiillegalrecruitmentbranchofthePOEAand, incertaincases,allowthePOEAlawyerstotake the lead in the prosecution. The POEA lawyers who act as prosecutors in such cases shall be entitledtoreceiveadditionalallowancesasmay bedeterminedbythePOEAAdministrator. The filing of an offense punishable under this Act shall be without prejudice to the filing of casespunishableunderotherexistinglaws,rules orregulations."

DOJ
Any Adverse decision of the Prosecutormaybeappealedtothe SecretaryofJustice(DOJ).

cause for prosecution of illegal FindingofconvictionbytheRTC Ordinary Appeal or by writ of FindingofconvictionbytheRTC petitionforreviewoncertiorari
underRule45. maybeelevatedtotheSCby SC errorunderRule41. The case may also be elevated to the CA by petition for certiorari under Rule 65 if proper grounds for it exists. may be elevated to the CA by CA recruitment is not elevated for review with the Secretary of Justice, the Prosecutor will file the information with the RegionalTrialCourtfortrial.

CA
AdversedecisionoftheSecretaryof Justice may be appealed to the CA bypetitionforcertiorariunderRule 65.

SC
DecisionoftheCAmaybeappealed to the Supreme Court by petition for review on certiorari under Rule 45.

The case may also be elevated to the SC by petition for certiorari under Rule 65 if propergroundsforitexists

Section9ofR.A.No.8042 VENUE: A criminal action arising from illegal recruitment as defined herein shall be filed with the RegionalTrialCourtof: 1.Theprovinceorcitywherethe offensewascommitted;or 2. Where the offended party actuallyresidesatthesametime of the commission of the offense. Provided: The court where the criminal action is first filed shall acquire jurisdiction to the exclusionofothercourts. Provided further, that the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivityofthisAct.

203