Published in Malaya on July 22, 2011 and The Daily Tribune on July 23, 2011.

THE 2011 NLRC RULES OF PROCEDURE

Pursuant to the provisions of Article 218 of Presidential Decree No. 442, as amended, otherwise known
as the Labor Code of the Philippines, the following Revised Rules of Procedure governing arbitration
proceedings before the Labor Arbiters and the Commission are hereby adopted and promulgated:

RULE I

TITLE AND CONSTRUCTION

SECTION 1. TITLE OF THE RULES. - These Rules shall be known as the 2011 NLRC Rules of Procedure.
(1a)

SECTION 2. CONSTRUCTION. - These Rules shall be liberally construed to carry out the objectives of the
Constitution, the Labor Code of the Philippines and other relevant legislations, and to assist the parties
in obtaining just, expeditious and inexpensive resolution and settlement of labor disputes.

SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF COURT. - In the absence of any applicable
provision in these Rules, and in order to effectuate the objectives of the Labor Code, the pertinent
provisions of the Rules of Court of the Philippines may, in the interest of expeditious dispensation of
labor justice and whenever practicable and convenient, be applied by analogy or in a suppletory
character and effect.

RULE II

DEFINITION OF TERMS

SECTION 1. DEFINITIONS. - The terms and phrases defined in Article 212 of the Labor Code, as amended,
shall be given the same meanings when used herein. As used herein, "Regional Arbitration Branch" shall
mean any of the regional arbitration branches or sub-regional branches of the Commission.

RULE III

PLEADINGS, NOTICES AND APPEARANCES

SECTION 1. COMPLAINT. - a) A complaint or petition is a pleading alleging the cause or causes of action
of the complainant or petitioner. The names and addresses of all complainants or petitioners and
respondents must be stated in the complaint or petition. It shall be signed under oath by the
complainant or petitioner, with a declaration of non-forum shopping.

b) A party having more than one cause of action against the other party, arising out of the same
relationship, shall include all of them in one complaint or petition. (1a)

SECTION 2. CAPTION AND TITLE. - In all cases filed with the Commission or with any of its Regional
Arbitration Branches, the party initiating the action shall be called the "Complainant" or "Petitioner",
and the opposing party the "Respondent". 2 The full names of all the real parties in interest, whether
natural or juridical persons or entities authorized by law, shall be stated in the caption of the complaint
or petition, as well as in the decisions, resolutions or orders of the Labor Arbiter or the Commission.

SECTION 3. FILING AND SERVICE OF PLEADINGS. - All pleadings in connection with a case shall be filed
with the appropriate docketing unit of the Regional Arbitration Branch or the Commission, as the case
may be. The party filing a pleading shall serve the opposing parties with a copy and its supporting
documents. No pleading shall be considered without proof of service to the opposing parties except if
filed simultaneously during a schedule set before the Labor Arbiter. (5a)

SECTION 4. SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. - a) Notices and copies of
resolutions or orders, shall be served personally upon the parties by the bailiff or duly authorized public
officer within three (3) days from his/her receipt thereof or by registered mail or by private courier;

b) In case of decisions and final awards, copies thereof shall be served on both parties and their counsel
or representative by registered mail or by private courier; Provided that, in cases where a party to a case
or his/her counsel on record personally seeks service of the decision upon inquiry thereon, service to
said party shall be deemed effected as herein provided. Where parties are numerous, service shall be
made on counsel and upon such number of complainants, as may be practicable and shall be considered
substantial compliance with Article 224 (a) of the Labor Code, as amended. For purposes of appeal, the
period shall be counted from receipt of such decisions, resolutions, or orders by the counsel or
representative of record.

c) The bailiff or officer serving the notice, order, or resolution shall submit his/her return within two (2)
days from date of service thereof, stating legibly in his/her return his/her name, the names of the
persons served and the date of receipt, which return shall be immediately attached and shall form part
of the records of the case. In case of service by registered mail or by private courier, the name of the
addressee and the date of receipt of the notice, order or resolution shall be written in the return card or
in the proof of service issued by the private courier. If no service was effected, the reason thereof shall
be so stated. (6a)

SECTION 5. PROOF AND COMPLETENESS OF SERVICE. - The return is prima facie proof of the facts
indicated therein. Service by registered mail or by private courier is complete upon receipt by the
addressee or his/her agent. If the addressee fails to claim his/her mail from the post office within five (5)
days from the date of first notice of the postmaster, service shall take effect after such time. (7a)

SECTION 6. APPEARANCES. - a) A lawyer appearing for a party is presumed to be properly authorized for
that purpose. In every case, he/she shall indicate in his/her pleadings and motions his/her Attorneys
Roll Number, as well as his/her PTR and IBP numbers for the current year and MCLE compliance.

b) A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only
under the following conditions:

(1) he/she represents himself/herself as party to the case; 3

(2) he/she represents a legitimate labor organization, as defined under Article 212 and 242 of the Labor
Code, as amended, which is a party to the case: Provided, that he/she presents to the Commission or
Labor Arbiter during the mandatory conference or initial hearing: (i) a certification from the Bureau of
Labor Relations (BLR) or Regional Office of the Department of Labor and Employment attesting that the
organization he/she represents is duly registered and listed in the roster of legitimate labor
organizations; (ii) a verified certification issued by the secretary and attested to by the president of the
said organization stating that he/she is authorized to represent the said organization in the said case;
and (iii) a copy of the resolution of the board of directors of the said organization granting him such
authority;

(3)he/she represents a member or members of a legitimate labor organization that is existing within the
employers establishment, who are parties to the case: Provided, that he/she presents: (i) a verified
certification attesting that he/she is authorized by such member or members to represent them in the
case; and (ii) a verified certification issued by the secretary and attested to by the president of the said
organization stating that the person or persons he/she is representing are members of their
organization which is existing in the employers establishment;

(4) he/she is a duly-accredited member of any legal aid office recognized by the Department of Justice
or Integrated Bar of the Philippines: Provided, that he/she (i) presents proof of his/her accreditation;
and (ii) represents a party to the case;

(5) he/she is the owner or president of a corporation or establishment which is a party to the case:
Provided, that he/she presents: (i) a verified certification attesting that he/she is authorized to represent
said corporation or establishment; and (ii) a copy of the resolution of the board of directors of said
corporation, or other similar resolution or instrument issued by said establishment, granting him/her
such authority. c) Appearances of a non-lawyer in contravention of this section shall not be recognized
in any proceedings before the Labor Arbiter or the Commission. d) Appearances may be made orally or
in writing. In both cases, the complete name and office address of counsel or authorized representative
shall be made of record and the adverse party or his counsel or authorized representative properly
notified. e) In case of change of address, the counsel or representative shall file a notice of such change,
copy furnished the adverse party and counsel or representative, if any. f) Any change or withdrawal of
counsel or authorized representative shall be made in accordance with the Rules of Court. (8a) SECTION

7. AUTHORITY TO BIND PARTY.- Counsel or other authorized representatives of parties shall have
authority to bind their clients in all matters of procedure; but they cannot, without a special power of
attorney or express consent, enter into a compromise agreement with the opposing party in full or
partial discharge of a client's claim. (9a) RULE IV VENUE, ASSIGNMENT AND DISPOSITION OF CASES 4 AT
THE REGIONAL ARBITRATION BRANCH SECTION 1. VENUE. - a) All cases which Labor Arbiters have
authority to hear and decide may be filed in the Regional Arbitration Branch having jurisdiction over the
workplace of the complainant or petitioner. For purposes of venue, the workplace shall be understood
as the place or locality where the employee is regularly assigned at the time the cause of action arose. It
shall include the place where the employee is supposed to report back after a temporary detail,
assignment, or travel. In case of field employees, as well as ambulant or itinerant workers, their
workplace is where they are regularly assigned, or where they are supposed to regularly receive their
salaries and wages or work instructions from, and report the results of their assignment to, their
employers. b) Where two (2) or more Regional Arbitration Branches have jurisdiction over the
workplace of the complainant or petitioner, the Branch that first acquired jurisdiction over the case shall
exclude the others. c) When venue is not objected to before the filling of position papers such issue shall
be deemed waived. d) The venue of an action may be changed or transferred to a different Regional
Arbitration Branch other than where the complaint was filed by written agreement of the parties or
when the Commission or Labor Arbiter before whom the case is pending so orders, upon motion by the
proper party in meritorious cases. e) Cases involving overseas Filipino workers may be filed before the
Regional Arbitration Branch having jurisdiction over the place where the complainant resides or where
the principal office of any of the respondents is situated, at the option of the complainant. SECTION 2.
RAFFLE AND ASSIGNMENT OF CASES. - a) All complaints and petitions filed with the docket unit of the
Regional Arbitration Branch shall be immediately raffled and assigned to a Labor Arbiter from receipt
thereof. b) The Executive Labor Arbiter shall be responsible for the immediate raffle and assignment of
all complaints and petitions filed with his/her Regional Arbitration Branch, and the immediate
forwarding of all subsequent pleadings and motions. c) All pleadings and motions subsequent to the
filing of the complaint shall be forwarded to the Labor Arbiter before whom the case is pending within
twenty-four (24) hours from receipt thereof. SECTION 3. CONSOLIDATION OF CASES AND COMPLAINTS. -
Where there are two or more cases or complaints pending before different Labor Arbiters in the same
Regional Arbitration Branch involving the same employer and common principal causes of action, or the
same parties with different causes of action, the subsequent cases or complaints shall be consolidated
with the first to avoid unnecessary costs or delay. Such consolidated cases or complaints shall be
disposed of by the Labor Arbiter to whom the first case was assigned. In case of objection to the
consolidation, the same shall be resolved by the Executive Labor Arbiter. An order resolving a motion or
objection to consolidation shall be inappealable. SECTION 4. DISPOSITION OF CASES. - Subject to the
provisions of Article 263 (g) of the Labor Code, as amended, when a case is assigned to a Labor Arbiter,
the entire case and any or all incidents thereto shall be considered assigned to him/her; and 5 the same
shall be disposed of in the same proceedings to avoid multiplicity of suits or proceedings. When the
Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout 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 dispute between them pending
before any Regional Arbitration Branch, and the Labor Arbiters handling the same of such assumption or
certification. The Labor Arbiter concerned shall forward within two (2) days from notice the entire
records of the case to the Commission or to the Secretary of Labor, as the case may be, for proper
disposition. RULE V PROCEEDINGS BEFORE LABOR ARBITERS SECTION 1. JURISDICTION OF LABOR
ARBITERS. - Labor Arbiters shall have original and exclusive jurisdiction to hear and decide the following
cases involving all workers, whether agricultural or non-agricultural: a) Unfair labor practice cases; b)
Termination disputes; c) If accompanied with a claim for reinstatement, those cases that workers may
file involving wages, rates of pay, hours of work and other terms and conditions of employment; d)
Claims for actual, moral, exemplary and other forms of damages arising from employer-employee
relations; e) Cases arising from any violation of Article 264 of the Labor Code, as amended, including
questions involving the legality of strikes and lockouts; f)Except claims for employees compensation not
included in the next succeeding paragraph, 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), whether or not accompanied
with a claim for reinstatement; g) Wage distortion disputes in unorganized establishments not
voluntarily settled by the parties pursuant to Republic Act No. 6727; h) Enforcement of compromise
agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor
Code, as amended; i) Money claims arising out of employer-employee 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 damages as provided by Section 10 of RA 8042, as amended by RA 10022;
and j) Other cases as may be provided by law. 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. (1a) 6 SECTION
2. NATURE OF PROCEEDINGS. - The proceedings before the Labor Arbiter shall be non-litigious in nature.
Subject to the requirements of due process, the technicalities of law and procedure and the rules
obtaining in the courts of law shall not strictly apply thereto. The Labor Arbiter may avail himself/herself
of all reasonable means to ascertain the facts of the controversy speedily, including ocular inspection
and examination of well-informed persons. SECTION 3. ISSUANCE OF SUMMONS. - Within two (2) days
from receipt of a complaint or amended complaint, the Labor Arbiter shall issue the required summons,
attaching thereto a copy of the complaint or amended complaint and its annexes, if any. The summons
shall specify the date, time and place of the mandatory conciliation and mediation conference in two (2)
settings. (3a, RIII) SECTION 4. SERVICE OF SUMMONS Summons shall be served personally upon the
parties by the bailiff or a duly authorized public officer within three (3) days from his/her receipt
thereof, or by registered mail, or by private courier authorized by the Commission; Provided that in
special circumstances, service of summons may be effected in accordance with the pertinent provisions
of the Rules of Court. The bailiff or officer serving the summons shall submit his/her return within two
(2) days from date of service thereof, stating legibly in his/her return his/her name, the names of the
persons served and the date of receipt, which return shall be immediately attached to the records and
shall be part thereof. If no service was effected, the reason thereof shall be stated in the return. In case
of service by registered mail or by private courier, the names of the addressees and the dates of receipt
of the summons shall be written in the return card or in the proof of service issued by the private
courier. If no service was effected, the reason thereof shall be so stated. (n) SECTION 5. PROHIBITED
PLEADINGS AND MOTIONS. - The following pleadings and motions shall not be allowed and acted upon
nor elevated to the Commission: a) Motion to dismiss the complaint except on the ground of lack of
jurisdiction over the subject matter, improper venue, res judicata, prescription and forum shopping; b)
Motion for a bill of particulars; c) Motion for new trial; d) Petition for Relief from Judgment e) Motion to
declare respondent in default; f) Motion for reconsideration of any decision or any order of the Labor
Arbiter; g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order:
(1) denying a motion to dismiss; (2) denying a motion to inhibit; (3) denying a motion for issuance of writ
of execution; or (4) denying a motion to quash writ of execution. 7 h) Appeal from the issuance of a
certificate of finality of decision by the Labor Arbiter; i) Appeal from orders issued by the Labor Arbiter in
the course of execution proceedings. i) Such other pleadings, motions and petitions of similar nature
intended to circumvent above provisions. (5a, RIII) SECTION 6. MOTION TO DISMISS. - Before the date
set for the mandatory conciliation and mediation conference, the respondent may file a motion to
dismiss on grounds provided under Section 5, paragraph (a) hereof. Such motion shall be immediately
resolved by the Labor Arbiter through a written order. An order denying the motion to dismiss, or
suspending its resolution until the final determination of the case, is not appealable. (6a) SECTION 7.
EFFECT OF FAILURE TO FILE. - No motion to dismiss shall be allowed or entertained after the lapse of the
period provided in Section 6 hereof. (n) SECTION 8. MANDATORY CONCILIATION AND MEDIATION
CONFERENCE. a) The mandatory conciliation and mediation conference shall be called for the purpose
of (1) amicably settling the case upon a fair compromise; (2) determining the real parties in interest; (3)
determining the necessity of amending the complaint and including all causes of action; (4) defining and
simplifying the issues in the case; (5) entering into admissions or stipulations of facts; and (6) threshing
out all other preliminary matters. The Labor Arbiter shall personally preside over and take full control of
the proceedings and may be assisted by the Labor Arbitration Associate in the conduct thereof. b)
Conciliation and mediation efforts shall be exerted by the Labor Arbiters all throughout the mandatory
conferences. Any agreement entered into by the parties whether in partial or full settlement of the
dispute shall be reduced into writing and signed by the parties and their counsel or the parties
authorized representatives, if any. c) In any case, the compromise agreement shall be approved by the
Labor Arbiter, if after explaining to the parties, particularly to the complainants, the terms, conditions
and consequences thereof, he/she is satisfied that they understand the agreement, that the same was
entered into freely and voluntarily by them, and that it is not contrary to law, morals, and public policy.
d) A compromise agreement duly entered into in accordance with this Section shall be final and binding
upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter. e) The
mandatory conciliation and mediation conference shall, except for justifiable grounds, be terminated
within thirty (30) calendar days from the date of the first conference. f) No motion for postponement
shall be entertained except on meritorious grounds and when filed at least three (3) days before the
scheduled hearing. (3a) SECTION 9. EFFECT OF FAILURE OF SETTLEMENT. If the parties fail to agree on
an amicable settlement, either in whole or in part, during the mandatory conciliation and mediation
conference, the Labor Arbiter shall proceed to the other purposes of the said conference as enumerated
in Section 8(a) hereof. (4a) 8 SECTION 10. NON-APPEARANCE OF PARTIES. - The non-appearance of the
complainant or petitioner during the two (2) settings for mandatory conciliation and mediation
conference scheduled in the summons, despite due notice thereof, shall be a ground for the dismissal of
the case without prejudice. In case of non-appearance by the respondent during the first scheduled
conference, the second conference as scheduled in the summons shall proceed. If the respondent still
fails to appear at the second conference despite being duly served with summons, he/she shall be
considered to have waived his/her right to file position paper. The Labor Arbiter shall immediately
terminate the mandatory conciliation and mediation conference and direct the complainant or
petitioner to file a verified position paper and submit evidence in support of his/her causes of action and
thereupon render his/her decision on the basis of the evidence on record. (5a) SECTION 11.
SUBMISSION OF POSITION PAPER AND REPLY. - a) Subject to Sections 9 and 10 of this Rule, the Labor
Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting
documents and affidavits, if any, on a date set by him/her within ten (10) calendar days from the date of
termination of the mandatory conciliation and mediation conference. b) No amendment of the
complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor
Arbiter. c) The position papers of the parties shall cover only those claims and causes of action stated in
the complaint or amended complaint, accompanied by all supporting documents, including the affidavits
of witnesses, which shall take the place of their direct testimony, excluding those that may have been
amicably settled. ld) Within ten (10) days from receipt of the position paper of the adverse party, a reply
may be filed on a date agreed upon and during a schedule set before the Labor Arbiter. The reply shall
not allege and/or prove facts and any cause or causes of action not referred to or included in the original
or amended complaint or petition or raised in the position paper. (7a) SECTION 12. DETERMINATION OF
NECESSITY OF HEARING OR CLARIFICATORY CONFERENCE. - Immediately after the submission by the
parties of their position paper or reply, as the case may be, the Labor Arbiter shall, motu proprio,
determine whether there is a need for a hearing or clarificatory conference. At this stage, he/she may,
at his/her discretion and for the purpose of making such determination, ask clarificatory questions to
further elicit facts or information, including but not limited to the subpoena of relevant documentary
evidence, if any, from any party or witness. (8a) SECTION 13. ROLE OF THE LABOR ARBITER IN HEARING
AND CLARIFICATORY CONFERENCE. - a) The Labor Arbiter shall take full control and personally conduct
the hearing or clarificatory conference and may ask questions for the purpose of clarifying points of law
or facts involved in the case. The Labor Arbiter may allow the presentation of testimonial evidence with
right of cross-examination by the opposing party and shall limit the presentation of evidence to matters
relevant to the issue before him/her and necessary for a just and speedy disposition of the case. b) The
Labor Arbiter shall make a written summary of the proceedings, including the substance of the evidence
presented, in consultation with the parties. The written summary shall be signed by the parties and shall
form part of the records. (9a) SECTION 14. NON-APPEARANCE OF PARTIES, AND POSTPONEMENT OF
HEARINGS AND CLARIFICATORY CONFERENCES. 9 a) The parties and their counsels appearing before the
Labor Arbiter shall be prepared for continuous hearing or clarificatory conference. No postponement or
continuance shall be allowed by the Labor Arbiter, except upon meritorious grounds and subject to the
requirement of expeditious disposition of cases. The hearing or clarificatory conference shall be
terminated within thirty (30) calendar days from the date of the initial clarificatory conference. b) In
case of non-appearance of any of the parties during the hearing or clarificatory conference despite due
notice, proceedings shall be conducted ex-parte. Thereafter, the case shall be deemed submitted for
decision. c) Paragraph (a) of this Section notwithstanding, in cases involving overseas Filipino workers,
the aggregate period for conducting the mandatory conciliation and mediation conference, including
hearing on the merits or clarificatory conference, shall not exceed sixty (60) days, which shall be
reckoned from the date of acquisition of jurisdiction by the Labor Arbiter over the person of the
respondents. (10a) SECTION 15. SUBMISSION OF THE CASE FOR DECISION. - Upon the submission by the
parties of their position papers or replies, or the lapse of the period to submit the same, the case shall
be deemed submitted for decision unless the Labor Arbiter calls for a hearing or clarificatory conference
in accordance with Section 12 and 14(a) of this Rule, in which case, notice of hearing or clarificatory
conference shall be immediately sent to the parties. Upon termination of the said hearing or
conference, the case is deemed submitted for decision. (11a) SECTION 16. INHIBITION. - A Labor Arbiter
may voluntarily inhibit himself/herself from the resolution of a case and shall so state in writing the legal
justifications therefor. Upon motion of a party, either on the ground of relationship within the fourth
civil degree of consanguinity or affinity with the adverse party or counsel, or on question of partiality or
other justifiable grounds, the Labor Arbiter may inhibit himself/herself from further hearing and
deciding the case. Such motion shall be resolved within five (5) days from the filing thereof. An order
denying or granting a motion for inhibition is inappealable. (12a) SECTION 17. PERIOD TO DECIDE CASE. -
The Labor Arbiter shall render his/her decision within thirty (30) calendar days, without extension, after
the submission of the case by the parties for decision, even in the absence of stenographic notes;
Provided however, that cases involving overseas Filipino workers shall be decided within ninety (90)
calendar days after the filing of the complaint. (13a) SECTION 18. CONTENTS OF DECISIONS. - The
decisions and orders of the Labor Arbiter shall be clear and concise and shall include a brief statement of
the: a) facts of the case; b) issues involved; c) applicable laws or rules; d) conclusions and the reasons
therefor; and e) specific remedy or relief granted. In cases involving monetary awards, the decisions or
orders of the Labor Arbiter shall contain the amount awarded. In case the decision of the Labor Arbiter
includes an order of reinstatement, it shall likewise contain: a) a statement that the reinstatement
aspect is immediately executory; and b) a directive for the employer to submit a report of compliance
within ten (10) calendar days from receipt of the said decision. (14a) SECTION 19. FINALITY OF THE
DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. (a) Finality of the Decision or Order of
the Labor Arbiter. - If no appeal is filed with the Commission within the time provided under Article 223
of the Labor Code, as 0 amended, and Section 1, Rule VI of these Rules, the decision or order of the
Labor Arbiter shall become final and executory after ten (10) calendar days from receipt thereof by the
counsel or authorized representative or the parties if not assisted by counsel or representative. (b)
Certificate of Finality. - Upon expiration of the period provided in paragraph (a) of this Section, the Labor
Arbiter shall issue a certificate of finality. In the absence of return cards, certifications from the post
office or courier or other proofs of service to the parties, the Labor Arbiter may issue a certificate of
finality after sixty (60) calendar days from date of mailing. (n) SECTION 20. REVIVAL AND RE-OPENING
OR RE-FILING OF DISMISSED CASE and LIFTING OF WAIVER. - A party may file a motion to revive or re-
open a case dismissed without prejudice, within ten (10) calendar days from receipt of notice of the
order dismissing the same; otherwise, the only remedy shall be to re-file the case. A party declared to
have waived his/her right to file position paper may, at any time after notice thereof and before the
case is submitted for decision, file a motion under oath to set aside the order of waiver upon proper
showing that his/her failure to appear was due to justifiable and meritorious grounds. (16a) RULE VI
APPEALS SECTION 1. PERIODS OF APPEAL. - Decisions, awards, or orders of the Labor Arbiter shall be
final and executory unless appealed to the Commission by any or both parties within ten (10) calendar
days from receipt thereof; and in case of decisions or resolutions of the Regional Director of the
Department of Labor and Employment pursuant to Article 129 of the Labor Code, within five (5)
calendar days from receipt thereof. If the 10th or 5th day, as the case may be, 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. (1a) SECTION 2. GROUNDS. - The appeal may be entertained only on any of
the following grounds: a) If there is prima facie evidence of abuse of discretion on the part of the Labor
Arbiter or Regional Director; b) If the decision, award or order was secured through fraud or coercion,
including graft and corruption; c) If made purely on questions of law; and/or d) If serious errors in the
findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to
the appellant. (2a) SECTION 3. WHERE FILED. - The appeal shall be filed with the Regional Arbitration
Branch or Regional Office where the case was heard and decided. SECTION 4. REQUISITES FOR
PERFECTION OF APPEAL. - a) The appeal shall be: 11 (1) filed within the reglementary period provided in
Section 1 of this Rule; (2) verified by the appellant himself/herself in accordance with Section 4, Rule 7
of the Rules of Court, as amended; (3) in the form of a memorandum of appeal which shall state the
grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement
of the date the appellant received the appealed decision, award or order; (4) in three (3) legibly
typewritten or printed copies; and (5) accompanied by: i) proof of payment of the required appeal fee
and legal research fee; ii) posting of a cash or surety bond as provided in Section 6 of this Rule; and iii)
proof of service upon the other parties. b) A mere notice of appeal without complying with the other
requisites aforestated shall not stop the running of the period for perfecting an appeal. c) The appellee
may file with the Regional Arbitration Branch or Regional Office where the appeal was filed, his/her
answer or reply to appellant's memorandum of appeal, not later than ten (10) calendar days from
receipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the
appeal to file his/her answer or reply within the said period may be construed as a waiver on his/her
part to file the same. d) 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
only the specific issues that were elevated on appeal. (4a) SECTION 5. APPEAL FEE. - The appellant shall
pay the prevailing appeal fee and legal research fee to the Regional Arbitration Branch or Regional Office
of origin, and the official receipt of such payment shall form part of the records of the case. (5a)
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 bond, which
shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award,
exclusive of damages and attorneys fees. 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 original or certified true copies of the following: a) a joint declaration under oath by the employer,
his/her counsel, and the bonding company, attesting that the bond posted is genuine, and shall be in
effect until final disposition of the case. b) an indemnity agreement between the employer-appellant
and bonding company; c) proof of security deposit or collateral securing the bond: provided, that a
check shall not be considered as an acceptable security; d) a certificate of authority from the Insurance
Commission; e) certificate of registration from the Securities and Exchange Commission; f) certificate of
accreditation and authority from the Supreme Court; and 12 g) notarized board resolution or secretarys
certificate from the bonding company showing its authorized signatories and their specimen signatures.
The Commission through the Chairman may on justifiable grounds blacklist a bonding company,
notwithstanding its accreditation by the Supreme Court. A cash or surety bond shall be valid and
effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or
the award satisfied. This condition shall be deemed incorporated in the terms and conditions of the
surety bond, and shall be binding on the appellants and the bonding company. The appellant shall
furnish the appellee with a certified true copy of the said surety bond with all the above-mentioned
supporting documents. The appellee shall verify the regularity and genuineness thereof and
immediately report any irregularity to the Commission. Upon verification by the Commission that the
bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and
censure the responsible parties and their counsels, or subject them to reasonable fine or penalty, and
the bonding company may be blacklisted. No motion to reduce bond shall be entertained except on
meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the
monetary award. The mere filing of a motion to reduce bond without complying with the requisites in
the preceding paragraphs shall not stop the running of the period to perfect an appeal. (6a) SECTION 7.
RECORDS OF CASE ON APPEAL. - The records of a case shall have a corresponding index of its contents
which shall include the following: a) the original copy of the complaint; b) other pleadings and motions;
c) minutes of the proceedings, notices, transcripts of stenographic notes, if any; d) decisions, orders, and
resolutions as well as proof of service thereof, if available; e) the computation of the award; f)
memorandum of appeal and the reply or answer thereto, if any, and proof of service, if available; g)
official receipt of the appeal fee; and h) the appeal bond, if any. The records shall be chronologically
arranged and paged prominently. SECTION 8. TRANSMITTAL OF RECORDS OF CASE ON APPEAL. - Within
forty-eight (48) hours after the filing of the appeal, the records of the case shall be transmitted by the
Regional Arbitration Branch or office of origin to the Commission. SECTION 9. FILING OF APPEAL;
EFFECT. - Without prejudice to immediate reinstatement pending appeal under Section 6 of Rule XI,
once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. All pleadings and motions
pertaining to the appealed case shall thereafter be addressed to and filed with the Commission. (9a)
SECTION 10. FRIVOLOUS OR DILATORY APPEALS. - No appeal from an interlocutory order shall be
entertained. To discourage frivolous or dilatory appeals, including those taken from interlocutory orders,
the Commission after hearing may censure or cite in contempt the erring parties and their counsels, or
subject them to reasonable fine or penalty. (10a) 13 SECTION 11. APPEALS FROM DECISION OF OTHER
AGENCIES. - The Rules provided herein governing appeals from the decisions or orders of Labor Arbiters
shall apply to appeals to the Commission from decisions or orders of the other offices or agencies
appealable to the Commission according to law. RULE VII PROCEEDINGS BEFORE THE COMMISSION
SECTION 1. JURISDICTION OF THE COMMISSION. - The Commission shall exercise exclusive, original, and
appellate jurisdiction in accordance with law. SECTION 2. COMPOSITION AND INTERNAL FUNCTIONS OF
THE COMMISSION EN BANC AND ITS DIVISIONS. - a) Composition. - Unless otherwise provided by law,
the Commission shall be composed of the Chairman and of twenty three (23) Commissioners. b)
Commission En Banc. The Commission shall sit en banc only for purposes of promulgating rules and
regulations governing the hearing and disposition of cases before its Divisions and Regional Arbitration
Branches, and for the formulation of policies affecting its administration and operations. It may, on
temporary or emergency basis, allow cases within the jurisdiction of any Division to be heard by any
other Division whose docket allows the additional workload and such transfer will not expose litigants to
unnecessary additional expense. c) Divisions. - Unless otherwise provided by law, the Commission shall
exercise its adjudicatory and all other powers, functions and duties through its eight (8) Divisions. Each
Division shall consist of one member from the public sector who shall act as the Presiding Commissioner
and one member each from the workers and employers sectors, respectively. Of the eight (8) Divisions,
the First, Second, Third, Fourth, Fifth and Sixth Divisions shall have exclusive territorial jurisdiction over
appealed cases coming from Luzon; the Seventh Division, appealed cases from the Visayas Region; and
the Eighth Division, appealed cases from Mindanao including those from the Autonomous Region for
Muslim Mindanao. d) Headquarters. - As provided by law, the Commission and its First, Second, Third,
Fourth, Fifth and Sixth Divisions for Luzon shall have their main offices in the National Capital Region,
and the Seventh and Eighth Divisions for Visayas and Mindanao, in the cities of Cebu and Cagayan de
Oro, respectively. (2a) SECTION 3. THE CHAIRMAN. - The Chairman shall preside over all sessions of the
Commission en banc. He/she is the Presiding Commissioner of the First Division. In case of the effective
absence or incapacity of the Chairman, the Presiding Commissioner of the Second Division shall be the
Acting Chairman. The Chairman, aided by the Executive Clerk of the Commission, shall have
administrative supervision over the Commission and its Regional Arbitration Branches and all its
personnel including the Executive Labor Arbiters and Labor Arbiters. SECTION 4. COMMISSION EN BANC
SESSION, QUORUM AND VOTE. - a) Commission En Banc. - The Chairman shall call the Commission to an
en banc session at least twice a year, preferably on the first week of June and the first week of
December, to deliberate and decide on any matter before it. However, a majority of all the members of
the Commission may call a special en banc session to discuss and decide on urgent and vital matters
which need immediate action. 14 b) Quorum. - The presence of a majority of all the members of the
Commission shall be necessary to constitute a quorum. The vote or concurrence of the majority of the
members constituting a quorum shall be the decision or resolution of the Commission en banc. c)
Division. - The presence of at least two (2) Commissioners of a Division shall constitute a quorum. The
concurrence of two (2) Commissioners of a Division shall be necessary for the pronouncement of a
judgment or resolution. Whenever the required membership in a Division is not complete and/or the
concurrence of two (2) Commissioners cannot be obtained to arrive at a judgment or resolution, the
Chairman shall designate such number of additional Commissioners belonging to the same sector from
the other Divisions as may be necessary. In the event that all the members of a division inhibit
themselves from resolving a case, the Chairman may create a Special Division or assign the case to any
of the other Divisions. d) Role of Chairman in the Division. - The Chairman of the Commission may
convene and preside over the session of any Division to consider any case pending before it and
participate in its deliberations, if in his/her judgment, his/her presence therein will best serve the
interests of labor justice. He/she shall not however, participate in the voting by the Division, except
when he/she is acting as Presiding Commissioner of the Division in the absence of the regular Presiding
Commissioner. (4a) SECTION 5. CONSULTATION. - The conclusions of a Division on any case or matter
submitted to it for decision shall be reached in consultation before the case is assigned to a member for
the writing of the opinion. It shall be mandatory for the Division to meet for the purpose of the
consultation ordained herein. A certification to this effect signed by the Presiding Commissioner of the
Division shall be issued and a copy thereof attached to the record of the case and served upon the
parties. SECTION 6. DISSENTING OPINION. - Should any member of a Division indicate his/her intention
to write a dissenting opinion, he/she may file the same within the period prescribed for deciding or
resolving the appeal; otherwise, such written dissenting opinion shall not be considered part of the
records of the case. SECTION 7. INHIBITION. - No motion to inhibit the entire Division of the Commission
shall be entertained. However, any Commissioner may inhibit himself/herself from the consideration
and resolution of any case or matter before the Division and shall so state in writing the legal or
justifiable grounds therefor. In the event that a member inhibits himself/herself, the case shall be raffled
by the Executive Clerk or Deputy Executive Clerk to either of the two (2) remaining Commissioners. In
case two (2) Commissioners in a Division inhibit themselves in a case or matter before it, the Chairman
shall, as far as practicable, appoint two (2) Commissioners from other Divisions representing the sector
of the Commissioners who inhibited themselves. SECTION 8. ABSTENTION. - In the event of an
abstention, and the concurrence of two (2) Commissioners to arrive at a judgment or resolution cannot
be obtained, Section 4 (c), second paragraph, of this Rule shall apply. SECTION 9. CONSOLIDATION OF
CASES. - Appealed and injunction cases involving the same parties, issues, or related questions of fact or
law shall be consolidated before the Commissioner to whom the case with the lowest case number is
assigned. Notice of the consolidation shall be given by the Executive Clerk or Deputy Executive Clerk to
the other members of the concerned Divisions. 15 SECTION 10. TECHNICAL RULES NOT BINDING. - The
rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the
Commission shall use every and all 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. In any
proceeding before the Commission, the parties may be represented by legal counsel but it shall be the
duty of the Chairman, any Presiding Commissioner or Commissioner to exercise complete control of the
proceedings at all stages. SECTION 11. CONCILIATION AND MEDIATION. - In the exercise of its exclusive,
original and appellate jurisdiction, the Commission may exert all efforts towards the amicable
settlement of a labor dispute. The settlement of cases on appeal, to be valid and binding between the
parties, shall be approved by the Commission. (11a) SECTION 12. ROLE OF THE LABOR ARBITER
ASSIGNED TO THE COMMISSION. - In the resolution of cases on appeal, and those mentioned in Rules
VIII and X, the Commission, in the exigency of the service, shall be assisted by a Labor Arbiter who may
be directed to study, review, hear and receive evidence, and submit reports thereon. (12a) SECTION 13.
FORM OF DECISION, RESOLUTION AND ORDER. - The decision, resolution and order of the Commission
shall state clearly and distinctly the findings of facts, issues, and conclusions of law on which it is based,
and the relief granted, if any. If the decision, resolution or order involves monetary awards, the same
shall contain the specific amount awarded as of the date the decision is rendered. SECTION 14. FINALITY
OF DECISION OF THE COMMISSION AND ENTRY OF JUDGMENT. - a) Finality of the Decisions, Resolutions
or Orders of the Commission. - Except as provided in Section 9 of Rule X, the decisions, resolutions or
orders of the Commission shall become final and executory after ten (10) calendar days from receipt
thereof by the counsel or authorized representative or the parties if not assisted by counsel or
representative. b) Entry of Judgment. - Upon the expiration of the ten (10) calendar day period provided
in paragraph (a) of this Section, the decision, resolution, or order shall be entered in a book of entries of
judgment. In the absence of return cards, certifications from the post office or the courier or other
proofs of service to the parties, the Executive Clerk or Deputy Executive Clerk shall consider the decision,
resolution or order as final and executory after sixty (60) calendar days from date of mailing. (14a)
SECTION 15. MOTIONS FOR RECONSIDERATION. - Motion for reconsideration of any decision, resolution
or order of the Commission shall not be entertained except when based on palpable or patent errors;
provided that the motion is filed within ten (10) calendar days from receipt of decision, resolution or
order, with proof of service that a copy of the same has been furnished, within the reglementary period,
the adverse party; and provided further, that only one such motion from the same party shall be
entertained. (15a) RULE VIII CERTIFIED CASES 16 SECTION 1. POLICY. - It is the declared policy of
certification of labor disputes for compulsory arbitration to ensure and maintain industrial peace based
on social justice and national interest by having a full, complete and immediate settlement or
adjudication of all labor disputes between the parties, as well as issues that are relevant to or incidents
of the certified issues. SECTION 2. CERTIFIED LABOR DISPUTES. - Certified labor disputes are cases
certified to the Commission for compulsory arbitration under Article 263 (g) of the Labor Code. SECTION
3. EFFECTS OF CERTIFICATION. - a) Upon certification, the intended or impending strike or lockout is
automatically enjoined, notwithstanding the filing of any motion for reconsideration of the certification
order nor the non-resolution of any such motion which may have been duly submitted to the Office of
the Secretary of Labor and Employment. If a work stoppage has already taken place at the time of the
certification, all striking or locked out employees shall immediately return to work and the employer
shall immediately resume operations and readmit all workers under the same terms and conditions
prevailing before the strike or lockout. b) All cases between the same parties, except where the
certification order specifies otherwise the issues submitted for arbitration which are already filed or may
be filed, and are relevant to or are proper incidents of the certified case, shall be considered subsumed
or absorbed by the certified case, and shall be decided by the appropriate Division of the Commission.
Subject to the second paragraph of Section 4 of Rule IV, the parties to a certified case, under pain of
contempt, shall inform their counsels and the Division concerned of all cases pending with the Regional
Arbitration Branches and the Voluntary Arbitrators relative or incident to the certified case before it. c)
Whenever a certified labor dispute involves a business entity with several workplaces located in
different regions, the Division having territorial jurisdiction over the principal office of the company shall
acquire jurisdiction to decide such labor dispute; unless the certification order provides otherwise.
SECTION 4. EFFECTS OF DEFIANCE. - Non-compliance with the certification order of the Secretary of
Labor and Employment shall be considered as an illegal act committed in the course of the strike or
lockout, and shall authorize the Commission to enforce the same under pain of immediate disciplinary
action, including dismissal or loss of employment status or payment by the locking-out employer of
backwages, damages and/or other affirmative relief, even criminal prosecution against the liable parties.
The Commission may also seek the assistance of law enforcement agencies to ensure compliance and
enforcement of its orders and resolutions. SECTION 5. PROCEDURE IN CERTIFIED CASES. - a) When there
is no need to conduct a clarificatory hearing, the Commission shall resolve all certified cases within thirty
(30) calendar days from receipt by the assigned Commissioner of the complete records, which shall
include the position papers of the parties and the order of the Secretary of Labor and Employment
denying the motion for reconsideration of the certification order, if any. b) Where a clarificatory hearing
is needed, the Commission shall, within five (5) calendar days from receipt of the records, issue a notice
to be served on the parties through the fastest means available, requiring them to appear and submit
additional 17 evidence, if any. All certified cases shall be resolved by the Commission within sixty (60)
calendar days from receipt of the complete records by the assigned Commissioner. c) No motion for
extension or postponement shall be entertained. (5a) SECTION 6. EXECUTION OF JUDGMENT IN
CERTIFIED CASE. - Upon issuance of the entry of judgment, the Commission, motu proprio or upon
motion by the proper party, may cause the execution of the judgment in the certified case. RULE IX
CONTEMPT SECTION 1. DIRECT CONTEMPT. - The Chairman or any Commissioner or Labor Arbiter may
summarily adjudge guilty of direct contempt any person committing any act of misbehavior in the
presence of or so near the Chairman or any Commissioner or Labor Arbiter as to obstruct or interrupt
the proceedings before the same, including disrespect toward said officials, offensive acts toward
others, or refusal to be sworn or to answer as a witness or to subscribe to an affidavit or deposition
when lawfully required to do so. If the offense is committed against the Commission or any member
thereof, the same shall be punished by a fine not exceeding Five Hundred Pesos (P500.00) or
imprisonment not exceeding five (5) days, or both; and, if the offense is committed against any Labor
Arbiter, the same shall be punished by a fine not exceeding One Hundred Pesos (P100.00) or
imprisonment not exceeding one (1) day, or both. Any person adjudged guilty of direct contempt by a
Labor Arbiter may, within a period of five (5) calendar days from notice of the judgment, appeal the
same to the Commission and the execution of said judgment shall be suspended pending resolution of
the appeal upon the filing by said person of a bond on condition that he will abide by and perform the
judgment should the appeal be decided against him/her. A judgment of the Commission on direct
contempt shall be immediately executory and inappealable. SECTION 2. INDIRECT CONTEMPT. The
Commission or any Labor Arbiter pursuant to Article 218 (d) of the Labor Code may cite any person for
indirect contempt and impose the appropriate penalty under any of the following grounds: a)
Misbehavior of any officer or employee in the performance of his/her official duties or in his/her official
transaction; b) Disobedience of, or resistance to, a lawful writ, order or decision; c) Any abuse of, or any
unlawful interference with the processes or proceedings not constituting direct contempt; d) Any
improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of
justice; e) Assuming to be an attorney or a representative of party without authority; f) Failure to obey a
subpoena duly served; or g) Other grounds analogous to the foregoing. 18 A. Where charge to be filed.-
Where the charge for indirect contempt has been committed against the Commission or against an
Officer appointed by it, the charge may be filed with the Commission. Where such contempt has been
committed against the Labor Arbiter, the charge may be filed with the Regional Arbitration Branch
subject to appeal to the Commission in the same manner as provided in Section 1 of this Rule. B. How
proceedings commenced.- Proceedings for indirect contempt may be initiated motu proprio by the
Commission or any Labor Arbiter by an order or any other formal charge requiring the respondent to
show cause why he/she should not be punished for contempt. In all other cases, a charge for indirect
contempt shall be commenced by a verified petition with supporting particulars and certified true copies
of documents or papers involved therein, and upon full compliance with the requirements for filing
initiatory pleadings in the Commission. If the contempt charge arose out of or is related to a principal
action pending in the Commission or Regional Arbitration Branch, the petition for contempt shall allege
that fact but said petition shall be consolidated, heard, and decided separately, unless the Commission
or Labor Arbiter in its/his/her discretion, orders the consolidation of the contempt charge and the
principal action for joint hearing and decision. C. Hearing.- Upon the date set for hearing, the
Commission or Labor Arbiter shall proceed to investigate the charge and consider such comment,
answer, defense or testimony as the respondent may make or offer. Failure to attend the scheduled
hearing and to give a satisfactory explanation in writing to the Commission or Labor Arbiter will result in
the waiver of the respondent to be present during the hearing. D. Punishment for indirect contempt.- If
the respondent is adjudged guilty of indirect contempt committed against the Commission or any
member thereof, he/she may be punished by a fine of One Thousand (P1,000.00) Pesos per day for
every act of indirect contempt; and, if the offense is committed against any Labor Arbiter, the same may
be punished by a fine of Five Hundred (P500.00) Pesos per day for every act of indirect contempt. Each
day of defiance of, or disobedience to, or non-enforcement of a final order, resolution, decision, ruling,
injunction, or processes, shall constitute an indirect contempt of the Commission. If the contempt
consists of the violation of an injunction or omission to do an act which is within the power of the
respondent to perform, the respondent shall, in addition, be made liable for damages as a consequence
thereof. The damages shall be measured by the extent of the loss or injury sustained by the aggrieved
party by reason of the acts or omissions of which the contempt is being prosecuted, and the costs of the
proceedings, including payment of interest on damages. E. A writ of execution may be issued to enforce
the decision imposing such fine and/or consequent damages as punishment for indirect contempt. (2a)
RULE X INJUNCTION SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. - A preliminary injunction
or restraining order may be granted by the Commission through its Divisions pursuant to the provisions
of paragraph (e) of Article 218 of the Labor Code, as 19 amended, when it is established 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 restrained or performed forthwith, may cause grave or
irreparable damage to any party or render ineffectual any decision in favor of such party. A certification
of non-forum shopping shall accompany the petition for injunction. The writ of preliminary injunction or
temporary restraining order shall become effective only upon posting of the required cash bond in the
amount to be determined by the Commission to answer for any damage that may be suffered by the
party enjoined, if it is finally determined that the petitioner is not entitled thereto. SECTION 2.
INJUNCTION IN STRIKES OR LOCKOUTS. - A preliminary or permanent injunction may be granted by the
Commission only after hearing the testimony of witnesses and with opportunity for cross-examination in
support of the allegations of the complaint or petition made under oath, and testimony by way of
opposition thereto, if offered, and only after a finding of fact by the Commission: a) That prohibited or
unlawful acts have been threatened and will be committed and will be continued unless restrained, but
no injunction or temporary restraining order shall be issued on account of any threat, prohibited or
unlawful act, except against the person or persons, association or organization making the threat or
committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual
knowledge thereof. 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 inflicted upon the petitioner by the denial of
relief than will be inflicted upon respondents by the granting of relief; d) That petitioner has no
adequate remedy at law; and e) That the public officers charged with the duty to protect petitioner's
property are unable or unwilling to furnish adequate protection. SECTION 3. HEARING; NOTICE
THEREOF. - Hearings shall be held after due and personal notice thereof has been served, in such
manner as the Commission shall direct, to all known persons against whom relief is sought, and also to
the Chief Executive and other public officials of the province or city within which the unlawful acts have
been threatened or committed charged with the duty to protect petitioner's property. SECTION 4.
RECEPTION OF EVIDENCE; DELEGATION. - The reception of evidence for the application of a writ of
injunction may be delegated by the Commission to any of its Labor Arbiters who shall conduct such
hearings in such places as he/she may determine to be accessible to the parties and their witnesses, and
shall thereafter submit his/her report and recommendation to the Commission within fifteen (15) days
from such delegation. SECTION 5. OCULAR INSPECTION. - The Chairman, any Commissioner, Labor
Arbiter or their duly authorized representatives, may, at any time during working hours, conduct an
ocular inspection on any establishment, building, ship or vessel, place or premises, including any work,
material, implement, machinery, appliance or any object therein, and ask any employee, laborer, or any
person, as the case may be, for any 20 information or data concerning any matter or question relative to
the object of the petition. The ocular inspection reports shall be submitted to the appropriate Division
within twenty-four (24) hours from the conduct thereof. SECTION 6. TEMPORARY RESTRAINING ORDER;
REQUISITES. - If the petitioner shall also allege that, unless a temporary restraining order shall be issued
without notice, a substantial and irreparable injury to petitioner's property will be unavoidable, such a
temporary restraining order may be issued upon testimony under oath, or by affidavits of the
petitioner's witnesses, sufficient, if sustained, to justify the Commission in the issuance thereof.
SECTION 7. CASH BOND. - No temporary restraining order or writ of preliminary injunction shall be
issued except on the condition that petitioner shall first file an undertaking to answer for the damages
and post a cash bond in the amount of Fifty Thousand Pesos (P50,000.00), or such higher amount as
may be determined by the Commission, to recompense those enjoined for any loss, expense or damage
caused by the improvident or erroneous issuance of such order or injunction, including all reasonable
costs, together with a reasonable attorney's fee, and expense of defense against the order or against
the granting of any injunctive relief sought in the same proceeding and subsequently denied by the
Commission. SECTION 8. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER. - A temporary restraining
order shall be effective for no longer than twenty (20) days reckoned from the posting of the cash bond
required under the preceding section. During the said period, the parties shall be required to present
evidence to substantiate their respective positions in the main petition. SECTION 9. EFFECTS OF
DEFIANCE. - The order or resolution enjoining the performance of illegal acts shall be immediately
executory in accordance with the terms thereof. In case of non-compliance, the Commission shall
impose such sanctions, and shall issue such orders, as may be necessary to implement the said order or
resolution, including the enlistment of law enforcement agencies having jurisdiction over the area for
the purpose of enforcing the same. SECTION 10. ORDINARY REMEDY IN LAW OR IN EQUITY. - Nothing in
this Rule shall deprive any party having a claim or cause of action under or upon such undertaking from
electing to pursue his/her ordinary remedy by suit at law or in equity. RULE XI EXECUTION PROCEEDINGS
SECTION 1. EXECUTION UPON FINALITY OF DECISION OR ORDER. - a) A writ of execution may be issued
motu proprio or on motion, upon a decision or order that has become final and executory. b) If an
appeal has been duly perfected and finally resolved by the Commission, a motion for execution may be
filed before the Labor Arbiter, when the latter has possession of the case records or upon submission of
certified true copies of the decisions or final order/s sought to be enforced including notice of decision
or order and the entry of judgment, copy furnished the adverse party. c) Except that, as provided for in
Section 18 of Rule V in relation to Section 9 of this Rule, and in those cases where partial execution is
allowed by law, the Labor 1 Arbiter shall retain duplicate original copies of the decision to be
implemented and proof of service thereof for the purpose of immediate enforcement. (1a) SECTION 2.
EXECUTION BY MOTION OR BY INDEPENDENT ACTION. Pursuant to Art. 224 of the Labor Code, a
decision or order may be executed on motion within five (5) years from the date it becomes final and
executory. After the lapse of such period, the judgment shall become dormant, and may only be
enforced by an independent action before the Regional Arbitration Branch of origin and within a period
of ten (10) years from date of its finality. (8a) SECTION 3. EFFECT OF PERFECTION OF APPEAL ON
EXECUTION. - The perfection of an appeal shall stay the execution of the decision of the Labor Arbiter
except execution for reinstatement pending appeal. (9a) SECTION 4. EFFECT OF PETITION FOR
CERTIORARI ON EXECUTION. - A petition for certiorari with the Court of Appeals or the Supreme Court
shall not stay the execution of the assailed decision unless a restraining order is issued by said courts.
(10a) SECTION 5. PRE-EXECUTION CONFERENCE. - Within two (2) working days from receipt of a motion
for the issuance of a writ of execution which shall be accompanied by a computation of a judgment
award, if necessary, the Commission or the Labor Arbiter may schedule a pre-execution conference to
thresh out matters relevant to execution including the final computation of monetary award. The
preexecution conference shall not exceed fifteen (15) calendar days from the initial schedule, unless the
parties agreed to an extension. Any order issued by the Labor Arbiter in the pre-execution conference is
not appealable, subject to the remedies available under Rule XII. (2a) SECTION 6. ISSUANCE, CONTENTS
AND EFFECTIVITY OF A WRIT OF EXECUTION. - The writ of execution shall issue in the name of the
Republic of the Philippines signed by the Commission or Labor Arbiter ordering the Sheriff to execute
the decision, order, or award of the Commission or Labor Arbiter, and must contain the complete name
of the party, whether natural or juridical, against whom the writ of execution was issued, the dispositive
portion thereof, the amount, if any, to be demanded, and all legal fees to be collected from the losing
party or any other person required by law to obey the same. A writ of execution shall be effective for a
period of five (5) years from issuance thereof. In case of partial satisfaction of judgment during the
lifetime of the writ, the Labor Arbiter shall motu proprio issue an updated writ reflecting the amount
collected and the remaining balance. (3a) SECTION 7. ENFORCEMENT OF WRIT OF EXECUTION. - In
executing a decision, resolution or order, the Sheriff, or other authorized officer acting as Sheriff of the
Commission, shall serve the writ within three (3) days from receipt of the same, subject to the
requirements of Sections 12 and 13 of this Rule and shall be guided strictly by these Rules and by the
Manual on Execution of Judgment, which shall form part of these Rules. In the absence of applicable
rules, the Rules of Court, as amended, shall be applied in a suppletory manner. (7a) SECTION 8. MANNER
OF EXECUTION OF MONETARY JUDGMENT. - a) Immediate payment on demand. - The Sheriff shall
enforce a monetary judgment by demanding the immediate payment of the full amount stated in the
writ of execution and 22 all legal fees from the losing party or any other person required by law to obey
the same. b) In the event of failure or refusal of the losing party to pay the judgment award, the Sheriff
shall immediately proceed against the cash deposit or surety bond posted by the losing party, if any; c) If
the bonding company refuses to pay or the bank holding the cash deposit of the losing party refuses to
release the garnished amount despite the order or pertinent processes issued by the Labor Arbiter or
the Commission, the president or the responsible officers or authorized representatives of the said
bonding company or the bank who resisted or caused the non-compliance shall be either cited for
contempt, or held liable for resistance and disobedience to a person in authority or the agents of such
person as provided under the pertinent provision of the Revised Penal Code. This rule shall likewise
apply to any person or party who unlawfully resists or refuses to comply with the break open order
issued by the Labor Arbiter or the Commission. For this purpose, the Labor Arbiter or the Commission
may issue an order directing the sheriff to request the assistance of law enforcement agencies to ensure
compliance with the writ of execution, orders or processes. A bonding company cited for contempt, or
for an offense defined and punishable under the pertinent provision of the Revised Penal Code shall be
barred from transacting business with the Commission. d) Should the cash deposit or surety bond be
insufficient, or in case the surety bond cannot be proceeded against for any reason, the Sheriff shall,
within five (5) days from demand, execute the monetary judgment by garnishing bank deposits, credits,
receivables, and other personal property not capable of manual delivery, if the same is not enough,
proceed to levy the personal property of the losing party, and if still insufficient, against the real
property not exempt from execution, sufficient to cover the judgment award, which may be disposed of
for value at a public auction to the highest bidder. e) Proceeds of execution shall be deposited with the
Cashier of the concerned Division or Regional Arbitration Branch, or with an authorized depositary bank.
Where payment is made in the form of a check, the same shall be payable to the Commission. f) For
monetary judgment on cases involving overseas Filipino workers, the manner of execution shall be in
accordance with Republic Act No. 10022. (5a) SECTION 9. EXECUTION OF REINSTATEMENT PENDING
APPEAL. - In case the decision includes an order of reinstatement, and the employer disobeys the
directive under the second paragraph of Section 18 of Rule V or refuses to reinstate the dismissed
employee, the Labor Arbiter shall immediately issue writ of execution, even pending appeal, directing
the employer to immediately reinstate the dismissed employee either physically or in the payroll, and to
pay the accrued salaries as a consequence of such non-reinstatement in the amount specified in the
decision. The Sheriff shall serve the writ of execution upon the employer or any other person required
by law to obey the same. If he/she disobeys the writ, such employer or person may be cited for
contempt in accordance with Rule IX. (6a) SECTION 10. RESOLUTION OF MOTION TO QUASH. A motion
to quash shall be resolved by the Labor Arbiter within ten (10) working days from submission of 23 said
motion for resolution. The mere filing of a motion to quash shall not stay execution proceedings. (11a)
SECTION 11. THIRD PARTY CLAIM. a) If the property levied is claimed by any person other than the
losing party, such person may file a third party claim not later than five (5) days from the last day of
posting or publication of the notice of execution sale, otherwise the claim shall be forever barred. Such
third party claim must comply with the following requirements: (1) An affidavit stating title to property
or right to the possession thereof with supporting evidence; (2) Posting of a bond equivalent to the
amount of the claim or judgment award, whichever is lower; and (3) Payment of prevailing filing fee. b)
Where filed - The third party claim shall be filed with the Commission or Labor Arbiter where the
execution proceeding is pending, with proof of service of copies thereof to the Sheriff and the prevailing
party. c) Effect of Filing. - The filing of a third party claim that has complied with the requirements set
forth under paragraph (a) of this Section shall automatically suspend the proceedings with respect to
the execution of the properties subject of the third party claim. Upon approval of the bond, the Labor
Arbiter shall issue an order releasing the levied property or a part thereof subject of the claim unless the
prevailing party posts a counter bond in an amount not less than the value of the levied property. The
Labor Arbiter may require the posting of additional bond upon showing by the other party that the bond
is insufficient. d) Proceedings. The propriety of the third party claim shall be resolved within ten (10)
working days from submission of the claim for resolution. The decision of the Labor Arbiter is not
appealable but may be elevated to the Commission and resolved in accordance with Rule XII hereof.
Pending resolution thereof, execution shall proceed against all other properties not subject of the third
party claim. (12a) SECTION 12. SHERIFFS RETURN AND REPORT. The writ of execution shall be
returned to the Commission or Labor Arbiter immediately after the full satisfaction of the judgment
award. In case of partial or non-satisfaction of the judgment, the sheriff enforcing the writ shall submit a
report updating the Commission or Labor Arbiter who issued the writ of execution on the status of the
enforcement thereof, not later than thirty (30) days from receipt of such writ and every thirty (30) days
thereafter during the lifetime of the writ unless fully satisfied. A copy of the report shall be furnished the
Chairman and the Executive Labor Arbiter. Failure on the part of the Sheriff to submit the report or
return required under Section 12 of this Rule within the stated period shall subject him/her to
administrative fine under Rule XIV of this Rule, or suspension for fifteen (15) days without pay, or both.
(13a, 14a) SECTION 13. DESIGNATION OF SPECIAL SHERIFFS - The Chairman of the Commission may
designate special Sheriffs and take any measure, under existing laws, 24 to ensure compliance with the
decisions, resolutions or orders of the Commission and those of Labor Arbiters. (15a) SECTION 14.
EFFECT OF REVERSAL OF EXECUTED JUDGMENT. Where the executed judgment is totally or partially
reversed or annulled by the Court of Appeals or the Supreme Court, the Labor Arbiter shall, on motion,
issue such orders of restitution of the executed award, except wages paid during reinstatement pending
appeal. RULE XII EXTRAORDINARY REMEDIES (n) SECTION 1. VERIFIED PETITION. A party aggrieved by
any order or resolution of the Labor Arbiter including those issued during execution proceedings may
file a verified petition to annul or modify such order or resolution. The petition may be accompanied by
an application for the issuance of a temporary restraining order and/or writ of preliminary or permanent
injunction to enjoin the Labor Arbiter, or any person acting under his/her authority, to desist from
enforcing said resolution or order. SECTION 2. GROUNDS. - The petition filed under this Rule may be
entertained only on any of the following grounds: a) If there is prima facie evidence of abuse of
discretion on the part of the Labor Arbiter. b) If serious errors in the findings of facts are raised which, if
not corrected, would cause grave or irreparable damage or injury to the petitioner. c) If a party by fraud,
accident, mistake or excusable negligence has been prevented from taking an appeal; d) If made purely
on questions of law; or e) If the order or resolution will cause injustice if not rectified. SECTION 3. WHEN
AND WHERE FILED. Not later than ten (10) calendar days from receipt of the order or resolution of the
Labor Arbiter, the aggrieved party may file a petition with the Commission furnishing a copy thereof to
the adverse party. SECTION 4. REQUISITES OF THE PETITION. The petition filed under this Rule shall: a)
be accompanied by a clear original or certified true copy of the order or resolution assailed, together
with clear copies of documents relevant or related to the said order or resolution for the proper
understanding of the issue/s involved; b) contain the arbitral docket number and appeal docket number,
if any; c) state the material date showing the timeliness of the petition; d) be verified by the petitioner
himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; e) be in the form
of a memorandum which shall state the ground/s relied upon, the argument/s in support thereof and
the reliefs prayed for; f) be in three (3) legibly written or printed copies; and g) be accompanied by: i)
certificate of non-forum shopping; ii) proof of service upon the other party/ies and the Labor Arbiter
who issued the order or resolution being assailed or questioned; and iii) proof of payment of the
required fees. 25 SECTION 5. THE PUBLIC AND PRIVATE RESPONDENTS IMPLEADED IN THE PETITION. -
The Labor Arbiter shall be jointly impleaded with the private respondent as a public respondent in a
nominal capacity. As used in this Rule, the private respondent refers to the party interested in sustaining
the order or resolution of the Labor Arbiter. It shall be the duty of the private respondent to appear and
defend, both in his/her behalf and that of the public respondent, and the cost awarded in such
proceedings in favor of the petitioner shall be against the private respondent only. The public
respondent shall not appear or file an answer or comment to the petition or any pleading therein.
SECTION 6. SERVICE AND FILING OF PLEADINGS. The party filing the pleadings shall serve the other
party with copies thereof in accordance with Rule 13 of the Rules of Court furnishing the Labor Arbiter
with a copy. If the last day to serve and file a pleading falls on a Saturday, Sunday or holiday, the
pleading shall be served and filed on the first working day immediately following such Saturday, Sunday
or Holiday. SECTION 7. ANSWER TO THE PETITION. Within ten(10) calendar days from the receipt of
the petition, the private respondent shall file his/her answer therein stating the ground/s why the
petition should be denied. Failure on the part of the private respondent, to file his/her answer within
the said period may be construed as a waiver to file the same. SECTION 8. OPPOSITION TO THE
INJUNCTIVE RELIEF; WHEN FILED. In case the petitioner also prays for an injunctive relief, the private
respondent may file his/her verified opposition or comment to the application for injunctive relief not
later than five (5) calendar days from receipt of a copy of the petition. SECTION 9. EFFECT OF FILING OF
PETITION. Upon filing of the petition, the proceedings before the Labor Arbiter shall continue unless
restrained. In case of execution, the proceedings in accordance with Rule XI of these Rules shall not be
suspended, but no money collected or credit garnished may be released or properties levied upon be
sold by public auction within fifteen (15) calendar days from the filing of the petition. If no temporary
restraining order or writ of preliminary injunction is issued within the said period, the money collected
or credit garnished shall be released and/or the properties levied upon sold by public auction and the
proceeds of the sale applied, to satisfy the judgment. In case of execution proceedings, the Labor Arbiter
shall immediately inform in writing the Commission or the Division where the petition is pending of the
satisfaction of the judgment, and, if circumstances warrant, the Commission shall dismiss the petition
for being moot. The records of the case shall not be elevated to the Commission unless otherwise
ordered. SECTION 10. VERIFIED APPLICATION, ISSUANCE OF TEMPORARY RESTRAINING ORDER OR
PRELIMINARY INJUNCTION; BOND: Upon the filing of a verified application for injunctive relief,
together with supporting affidavits and documents, the Commission may issue a writ of a preliminary
injunction based on any of the applicable grounds provided for in Section 3, Rule 58 of the Rules of
Court for the preservation of the rights of the parties pending resolution of the petition. The writ of
preliminary injunction shall be effective for a non-extendible period of sixty (60) calendar days from
service on the private respondent. 6 If it shall appear from facts shown by the verified application and
affidavits that great and irreparable damage and/or injury would result to the petitioner before the
petition can be resolved, the Commission may issue a temporary restraining order exparte effective for
a non-extendible period of twenty (20) calendar days from service on the private respondent. In the
issuance of a temporary restraining order or writ of preliminary injunction, the Commission shall require
the posting of a cash bond in the amount of Fifty Thousand Pesos (P50,000.00), or such higher amount
as may be determined by the Commission, to recompense those enjoined for any loss, expense or
damage caused by the improvident or erroneous issuance of such order or injunction, including all
reasonable costs. An additional cash bond may be required by the Commission in the issuance of a writ
of preliminary injunction. SECTION 11. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER OR WRIT OF
PRELIMINARY INJUNCTION. The temporary restraining order or writ of preliminary injunction shall
become effective only upon posting of the required cash bond. In the event that the application for a
writ of preliminary injunction is denied or not resolved within the said period, the temporary restraining
order is deemed automatically vacated. The application for a temporary restraining order or a writ of
preliminary injunction may be denied, or if granted, may be dissolved, on any grounds provided for in
Section 6, Rule 58 of the Rules of Court. SECTION 12. EFFECT OF INJUNCTION. The issuance of a
temporary restraining order or a writ of preliminary injunction, unless otherwise declared by the
Commission, shall not suspend the proceedings before the Labor Arbiter or stay the implementation of
the writ of execution but shall only restrain or enjoin such particular act/s as therein decreed to be
restrained or enjoined. SECTION 13. RESOLUTION OF PETITION. If the Commission finds that the
allegations of the petition are true, it shall: a) render judgment for the relief prayed for or to which the
petitioner is entitled, and/or b) grant a final injunction perpetually enjoining the Labor Arbiter or any
person acting under his/her authority from the commission of the act/s or confirming the preliminary
injunction. However, the Commission may dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to
require consideration. SECTION 14. RECOVERY FROM THE INJUNCTION BOND. The amount of damages
that may be recovered by the private respondent from the injunction bond of the petitioner shall be
ascertained and awarded in the decision/order/resolution finally disposing of the issue on the
application for injunction. SECTION 15. NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR
ARBITER ARISING FROM EXECUTION PROCEEDINGS OR OTHER INCIDENTS. Except by way of a petition
filed in accordance with this Rule, no appeal from the order or resolution issued by the Labor Arbiter
during the execution proceedings or in relation to incidents other than a decision or disposition of the
case on the merits, shall be allowed or acted upon by the Commission. 7 RULE XIII COMMISSION SEAL
AND RECORDS, AND POWERS AND DUTIES OF COMMISSION OFFICIALS SECTION 1. SEAL OF THE
COMMISSION. - The seal of the National Labor Relations Commission shall be of standard size, circular,
with the inscription, running from left to right on the upper outside edge, the words NATIONAL LABOR
RELATIONS COMMISSION, and the lower outside edge, the words REPUBLIC OF THE PHILIPPINES,
with a design at the center containing the coat of arms of the Department of Labor and Employment.
SECTION 2. THE EXECUTIVE CLERK. - The Executive Clerk shall assist the Commission when sitting en
banc and when acting through the First Division, and shall perform such similar or equivalent functions
and duties as are discharged by the Clerk of Court of the Court of Appeals. SECTION 3. DEPUTY
EXECUTIVE CLERKS. - The Deputy Executive Clerks of the other Divisions shall assist the Commission
when acting through its Division, and shall perform similar functions and duties as discharged by the
Deputy Clerks of Court of the Court of Appeals, and as enumerated herein as functions of the Executive
Clerk relative to their respective Divisions. (3a) SECTION 4. DUTIES AND FUNCTIONS OF THE EXECUTIVE
CLERK AND DEPUTY EXECUTIVE CLERKS. - a) Custody of Seal and Books. He/she shall keep in his/her
care and custody the Seal of the Commission, together with all the books necessary for the recording of
the proceedings of the Commission, including the records, files and exhibits; b) Filing of Pleadings.
He/she shall receive and file all cases and pleadings and documents indicating thereon the date and time
filed. All pleadings shall be filed in three (3) legibly typewritten copies in legal size; c) Raffle and
Assignment of Cases. He/she shall assign appealed cases for study or report strictly by raffle or as
directed by the Chairman. In this connection, the raffle of cases for study or report must be attended by
the duly designated representative of the Members of the appropriate Division; d) Service of Processes,
Orders and Decisions. He/she shall serve parties and counsel processes, notices of hearings, copies of
decisions, resolutions or orders issued by the Commission by registered mail, by courier or by personal
service and immediately attach the returns or proofs of delivery thereof to the records; e) Commission
Calendar and Minutes Book. He/she shall prepare the Commission or Division calendars of sessions,
attend such sessions personally and immediately prepare the minutes thereof. For this purpose, he/she
shall keep a minutes book; f) General Docket. - The Executive Clerk shall keep a general docket for the
Commission, each page of which shall be numbered and prepared for receiving all the entries in a single
page, and shall enter therein all original and appealed cases before it, numbered consecutively in the
order in which they were received and, under the heading of each case, the date and hour of each
pleading filed, of each order, decision or resolution entered, and of each other step or action taken in
the case; so that, by reference to any single page, the history of the case may be known; 28 g)
Promulgation and Promulgation Book. He/she shall promulgate decisions and final resolutions on the
same date the same is filed with his/her office and indicate the date and time of promulgation and
attest the same by his/her signature on the first page thereof. He/she shall immediately furnish the
Chairman with a copy of such decision, resolution, or order with a summary of the nature thereof and
the issue involved therein. He/she shall keep a promulgation book which indicates the date and time of
promulgation, the case number, title of the case, the ponente, the nature of the decision or final
resolution and the action taken by the Commission by quoting the dispositive portion thereof. Notices of
said decisions, resolutions or orders shall be sent in sealed envelopes to parties and their counsel within
forty-eight (48) hours from promulgation; h) Entry of Judgment. - He shall keep a book of entries of
judgment, decisions, resolutions and orders containing in chronological order the entries of all final
decisions, resolutions and orders of the Commission; i) Disposition and Remand of Records. - Upon entry
of judgment, he/she shall immediately remand the records of the case to the Regional Arbitration
Branch of origin, Regional Director or his/her duly authorized officer, as the case may be. The Records
Unit shall immediately post said records without delay within two (2) working days; j) Monthly
Accomplishment Reports. He/she shall submit a monthly accomplishment report of the Commission or
Division not later than the 7th day of the following month; k) Other Functions. He/she shall perform
other functions as directed by the Chairman or the Commission en banc. (4a) SECTION 5. BOARD
SECRETARIES. - The Board Secretaries of the Commission shall assist the Executive Clerk or Deputy
Executive Clerks in the performance of their duties and functions relative to the Commission or their
respective Divisions. SECTION 6. ISSUANCE OF CERTIFIED COPIES. - Unless otherwise restricted by
Section 8 hereof, the Executive Clerk, Deputy Executive Clerks, and the authorized officers of the
Regional Arbitration Branches shall prepare, for any person asking for the same, a certified copy, under
the Seal of the Commission, of any paper, record, decision, resolution, order or entry by and in his/her
office, proper to be certified, after payment of the standard fees to the Commission duly receipted for;
Provided, that a pauper litigant, as defined by law, shall be exempted from paying any fee for certified
copies of any document, including transcripts of stenographic notes. SECTION 7. POWER TO
ADMINISTER OATH. - The Chairman, Members of the Commission, the Executive Clerk, the Deputy
Executive Clerks, the Executive Labor Arbiters, the Labor Arbiters, and other persons designated or
commissioned by the Chairman of the Commission, shall have the power to administer oath on all
matters or proceedings related to the performance of their duties. SECTION 8. ACCESS TO COMMISSION
RECORDS. - All official records of the Commission shall be open to the public during regular office hours,
except those kept by it in the nature of confidential reports, records or communications which cannot
be divulged without violating private rights or prejudicing the public interest. Minutes of hearings or
sessions may not be divulged until after promulgation of the decision or resolution. 29 RULE XIV
ADMINISTRATIVE SANCTIONS Section 1. IMPOSITION OF FINES. The Commission and Labor Arbiters, by
authority of the Chairman, may after hearing, impose administrative fines which shall not be less than
Five Hundred Pesos (P500.00) nor more than Ten Thousand Pesos (P10,000.00) to ensure compliance
with decisions, orders or awards. The imposition thereof may be enforced through issuance of a writ of
execution. (n) RULE XV EFFECTIVITY SECTION 1. EFFECTIVITY. - . These Rules shall take effect fifteen (15)
days after publication in two (2) newspapers of general circulation. Signed this 31st day of May 2011 at
Davao City, Philippines. GERARDO C. NOGRALES Chairman RAUL T. AQUINO Presiding Commissioner
ALEX A. LOPEZ Presiding Commissioner HERMINIO V. SUELO Presiding Commissioner LEONARDO L.
LEONIDA Presiding Commissioner BENEDICTO R. PALACOL Presiding Commissioner VIOLETA O. BANTUG
Presiding Commissioner BARIO-ROD M. TALON Presiding Commissioner PERLITA B. VELASCO
Commissioner ROMEO L. GO Commissioner TERESITA D. CASTILLON-LORA Commissioner NAPOLEON M.
MENESE Commissioner GREGORIO O. BILOG Commissioner 0 PABLO C. ESPIRITU, JR. Commissioner
ISABEL G. PANGANIBANORTIGUERRA Commissioner NIEVES E. VIVAR-DE CASTRO Commissioner
NUMERIANO D. VILLENA Commissioner ANGELO ANG PALAA Commissioner MERCEDES R. POSADA-
LACAP Commissioner DOLORES M. PERALTA-BELEY Commissioner AURELIO D. MENZON Commissioner
JULIE C. RENDOQUE Commissioner PROCULO T. SARMEN Commissioner DOMINADOR B. MEDROSO, JR.
Commissioner Attested by: FLOCERFIDA T. TRINIDAD Executive Clerk of Court IV