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NLRC en banc resolves issue on finality of decisions


          To address the issue on the finality of decisions of the National Labor Relations Commission (NLRC), the Commission en banc has recently issued a resolution which forms as a supplement to its provisions in the 2011 NLRC Rules of Procedures.  As resolved by the Commission en banc, if the date of receipt by the counsel or authorized representative or the parties is not reflected in the return card and there is no other proof of receipt,  1)  the decision of the Commission is considered final and in effect on the 10th day from receipt of the return card  by the concerned Division for as long as this 10th day is not beyond sixty (60) days from posting, otherwise, the general rule applies; and 2) the admission as to the date of receipt in any pleading filed with the higher court shall only be considered if it is reiterated/asserted in a manifestation filed with the NLRC, and the sixty (60) day period from posting has not yet expired.




March 16, 2012







NLRC EN BANC.  The Commission sits en banc on March 7-9, 2012 at the NLRC Conference Room at PPSTA Bldg. 5, Banawe, Quezon City to promulgate rules and regulations concerning disposition of cases and other administrative matters. (Photo by Gerald Olaguer)

NLRC recommends filling-in of 15 Labor Arbiter positions

NLRC recommends filling-in of 15 Labor Arbiter positions


SC Emphasize the Conclusiveness of NLRC Decisions

      “Findings of quasi-judicial bodies like the NLRC, and affirmed by the Court of Appeals in due course, are conclusive on this Court, which is not a trier of facts,” the Supreme Court said.

SC Underscore the Import of NLRC Rules of Procedure

      In a January 2012 decision, the Supreme Court ruled that the NLRC cannot be accused of grave abuse of discretion because under the NLRC Rules of Procedure, the NLRC shall limit itself to reviewing and deciding only the issues that were elevated on appeal.

       “The NLRC, while not totally bound by technical rules of procedure, is not licensed to disregard and violate the implementing rules it implemented,” the Court said.

SC Affirms NLRC Contempt Powers

NLRC Embarked on Computerization: Case Management and Tracking

      In line with the strategy under the Philippine Labor and Employment Plan 2011-2016 to ensure transparency and accountability in dispute settlement by posting the status of labor cases at the DOLE and NLRC websites, the NLRC has developed a computer program to provide a comprehensive database of all cases at the Regional Arbitration Branches.

SC Affirms NLRC Decision on OFW Disability Benefits

While it is true that the Constitution is committed towards the protection of the working class from exploitation and unfair treatment, nevertheless mandates the policy of social justice so as to strike a balance between the avowed predeliction of labor, on the one hand, as the maintenance of the legal rights of the capital.


            In an August 2011 decision, the Supreme Court reinstated with affirmation the decisions of the Labor Arbiter and the NLRC which was reversed by the Court of Appeals, involving an OFW-seafarer worker. The case involves an OFW-Seafarer who opted to go home despite the normal results of medical examinations conducted by the Medical Centre at the UAE, on account of alleged work-related ailment, and thereafter filed a complaint without submitting to a post-employment medical examination within three (3) working days upon his return. The Labor Arbiter of the NLRC however dismissed the complaint on the ground that the OFW-seafarer failed to prove his disability and to submit himself to a post-employment medical examination by a company-designated physician, pursuant to Section 20-B of the POEA SEC. The NLRC affirmed the decision of the Labor Arbiter. On appeal, the Court of Appeals reversed the Labor Arbiter and the NLRC. 

NLRC Disposed 98% of Cases Enrolled in Project SpeED (Speedy and Efficient Delivery of Labor Justice)

Project SpeED was designed to achieve a 98% disposition rate of all cases in the Department of Labor and Employment (DOLE) and its attached agencies, which includes the National Labor Relations Commission (NLRC) by April 30, 2011 as directed by President Benigno “Noynoy” S. Aquino III.


While the NLRC’s Performance Report details the participation in the Project SpeED (Speedy and Efficient Delivery of Labor Justice) 1, 2 and 3 which aimed to dispose cases within seven (7) months from filing at the Regional Arbitration Branches (RABs) or from receipt of appealed case records in the Commission Proper, the Secretariat - National Conciliation and Mediation Board (NCMB), in its Final Report on Project SpeED, reported that out of 54,630 enrolled cases, 53,556 or 98% were successfully disposed of by the NLRC. This is so because the NLRC, under the stewardship of Chairman Gerardo C. Nograles, has been persistent in pursuing the reforms to continuously improve its services, and focused on its core mission of speedy and impartial adjudication and arbitration of labor and management disputes.


Significantly, among the bureaus and agencies tasked to implement the Project SpeED, the NLRC accomplished the highest number and percentage of enrolled and disposed cases. The table below shows the individual performances:

NLRC Junked VISA Credit Card Bank Finding Employee’s Breach of Trust and Confidence

The National Labor Relations Commission (NLRC) ruled that there was no basis to justify the alleged loss of trust and confidence of Keppel Monte Bank on Mr. Jerusalem, Head of the Marketing and Operations, and thus, the dismissal was illegal.

            The Supreme Court in a 2011 decision affirms the decision of the Labor Arbiter and the NLRC that Keppel Monte Bank failed to discharge the burden of proving that Mr. Jerusalem’s dismissal is for a just cause, and declare that such dismissal based on the ground of loss of trust and confidence was illegal pursuant to the constitutional guarantee of security of tenure.

Mr. Jerusalem was employed by Keppel Monte Bank on May 25, 1998 as Assistant Vice-President. On June 1, 1998, he was assigned as Head of the newly created VISA Credit Card Department. The bank subsequently re-organized the VISA Credit Card Department and reduced it to a mere unit. On April 5, 1999, carrying the same rank, Mr. Jerusalem was reassigned as Head of the Marketing and Operations of the Jewelry Department.

In or about May 1999, Mr. Jerusalem received from Mr. Javier, Keppel Visa Card Holder since December 1998, a sealed envelope said to be containing VISA Card application forms. Mr. Javier immediately handed over the envelope with accomplished application forms to the VISA Credit Card Unit. All in all, the VISA credit card applications referred by Mr. Javier which Mr. Jerusalem forwarded to the VISA Credit Card Unit numbered 67, all of which were subsequently approved.  As it turned out, all the accounts under these approved applications became past due.