Status of Implementation and Program/Project Evaluation and/or Assessment Reports

 

Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION

Quezon City

 

PERFORMANCE REPORT/ASSESSMENT/EVALUATION

(FY 2013)        

            The 2013 Assessment/Performance Report of the National Labor Relations Commission (NLRC) highlights its accomplishment on major programs, projects, and reforms as of September 30, 2013. The statistics used in this Report cover the period January to September 2013.

 

PERFORMANCE MEASURE (Quantitative & Qualitative)

            As to performance measure based on quantity, the table below presents FY 2013 targeted performance compared to actual results on compulsory arbitration.

 

PERFORMANCE MEASURE (QUANTITY)

(Target vs. Actual)

 

 

Level

 

 

 

Target

 

Actual

(Jan.-Sep.)

 

%

 

Annual

 

Jan.-Sep.

 

Regional Arbitration Branches

(Original Cases)

 

33,000

 

24,750

 

23,013

 

93%

 

Commission Proper

(Appealed Cases)

 

 

13,500

 

10,125

 

8,868

 

88%

 

        TOTAL

 

46,500

 

34,875

 

31,881

 

91%

 

            With respect to performance measure based on quality, the table below reflects the affirmation rate by the Court of Appeals and the Supreme Court of the decisions rendered by the Commission Proper of the NLRC.

 

 

PERFORMANCE MEASURE (QUALITY)

 (Affirmance vs. Reversal)

January to December 2012

 

 

Appellate Court

 

No. of Appealed Cases

 

Affirmed

 

Reversed

 

 

 

 

 

No.

 

%

 

No.

 

%

 

Court of Appeals

 

 

1,094

 

1,016

 

93%

 

78

 

7%

Supreme Court

1,203

 

1,174

 

97%

29

3%

 

CASELOAD & DISPOSITION           

          From January to September 2013, the NLRC posted an overall output of 31,881 cases, 23,013 as original cases from the Regional Arbitration Branches (RABs), and 8,868 as appealed cases from the Commission Proper. In terms of inflow versus outflow of cases, of the 23,748 received original cases, 23,013 or 97% are disposed of by the Regional Arbitration Branches (RABs). On the other hand, of the 8,661 received appeal cases, 8,868 or 102% are disposed of by the Commission Proper.

          Moreover, all efforts are exerted towards amicable settlement of labor disputes during the compulsory arbitration process. As a result, settlement efforts have been successful, thus, the RABs posted 10,242 or 45% share of settled cases during the mandatory conciliation and mediation conference of the compulsory arbitration procedure.

         The above settled cases are in addition to the settled request/cases during the mandatory conciliation and mediation conference of the Single-Entry Approach (SEnA), which was posted at 4,722 or 47% settlement. The Single-Entry Approach (SEnA) program of the DOLE serves as entry points in speeding up the resolution of all labor issues and dejudicializing the process of handling labor cases pursuant to the new law on conciliation-mediation.

 

ENDING CASELOAD (Project SpeED 6)           

         At the end of September 2013 , the RABs and the Commission Proper had total pending of 9,478 original cases, and 1,586 appealed cases, respectively. 

         The period of disposition of cases at the RABs is 9 months, while at the Commission Proper is 6 months.

          Ageing of 9,478 pending cases at the RABs are aged as follows: (a) 5,148 or 54% (1-3 months old cases); (b) 2,989 or 32% (4-6 months old cases); (c) 1,056 or 11% (7-9 months old cases); and (d) 285 or 3% (10 months old & above cases). 

          Ageing of 1,586 pending cases at the Commission Proper are aged as follows: (a) 1,119 or 71% (1-3 months old cases); (b) 332 or 21% (4-6 months old cases); and (c) 135 or 8% (7 months old & above cases).

 

JUDGMENT: LABOR AND MANAGEMENT

            From January to September 2013, at the RABs, 15,378 or 67% of the total cases were disposed of in favor of labor (workers), while 7,015 or 33% in favor of management (employer). On appealed cases, the Commission Proper disposed of 4,051 or 46% in favor of labor and 4,817 or 54% in favor of management. 

 

JUDGMENT: MONETARY AWARDS   

            From January to September 2013, amount of judgment awards at the RABs reached P4.48B, benefiting 28,382 workers. Of the total amount awarded and workers benefitted, P2.12B are awarded through settlement, benefitting 17,847 workers, and P2.36B, through cases of merit (decided), benefitting 10,535 workers. At the Commission Proper, P1.96B are awarded, benefitting a total of 8,030 workers. 

            Of the total judgment award, the RABs on regular (local) cases awarded P379.6M by way of settlement and P1.59B by way of decisions on the merits. For OFW cases, RABs awarded P1.74B by settlement and P773.5M by decisions on the merits.

 

NLRC PLANNING TOOL AND ROADMAP

     A.   Maintain industrial peace through speedy, fair, accessible, inexpensive and effective dispute settlement or resolution:

     1.   Continuing amendment of the NLRC Rules of Procedure to streamline the procedures and address the issue on delay;

     2.    Settle labor disputes through: (a) Single-Entry Approach (SEnA) conciliation-mediation; and (2) mandatory conciliation-mediation in the compulsory arbitration;

     3.     Speedy and Efficienct Delivery of Labor Justice (SpeED);

     4.     Monitoring of the First-In-First-Out Policy (systematic reduction of caseload thru observance of ageing of cases);

     5.     Shortened adjudication process cycle in the RABs and Commission Proper;

     6.     Special task forces of cases;

     7.     Implementation of administrative policies that address delay in disposition of cases due to transfer of cases (retirement and inhibitions);

     8.     Issuance of warning and memo to explain (show cause) and enforcement of sanctions for non-observance of periods provided for in the NLRC Rules of Procedure, and failure to observe the quota system; and,

     9.     Pursuing legislative intervention to resotre direct appeal of the NLRC decisions to the Supreme Court to eliminate one (1) layer of appeal that constbutes to delay in the final resolution of cases.

     B.     Maintain industrial peace thru consistent, predictable, transparent dispute resolution:

     1.     Posting of status of cases in the NLRC website;

     2.     Posting of decisions of Labor Arbiter and Commissioner in the NLRC website;

     3.     Posting of Case Flow of RABs and Commission Proper; NLRC Rules of Procedure and its amendments; En Banc Resolutions; and other administrative issuances in the NLRC website;

     4.     Posting og NLRC Case Digest on labor jurisprudence in the NLRC website;

     5.     Posting of physical and financial reports under the Transparency Seal in the NLRC website;

     6.     Installation of Electronic raffling (E-Raffle) of cases in the RABs and Commission Proper;

     7.     Creation of centralized Information and Public Assistance Unit (IPAU) in line with the "No Contact/Follow-up Policy";

     8.     Installation of Electronic feedback mechanism or the online Public Assistance Center (E-PAC) in the NLRC website;

     9.     Capacity-building for Officials and employees performing adjudicative functions;

     10.    Regular dialogue with stakeholders;

     C.     Eliminate Perception of Corruption:

     1.     Adoption of dual detection of corruption mechanism: Pro-active and Re-active detections: (a) Under the Pro-active Detection of Corruption, the NLRC will create an internal audit unit that will  pursue reports on corruption and ensure swift action; monitor areas vulnerable to corruption; and deviations from prescribed norms of conduct; and, (b) Under the Re-active Detection of Corruption, the NLRC will continue to accept formal complaints against erring officials and employees through its Fact-Finding Committees (i.e. Board of Inquiry and Administrative Complaints Committee);

     2.     Adoption of Integrity Testing method for all officials and employees through (a) random integrity test method (general survey), and (b) targeted integrity test method (verification survey);

     3.     Adoption of mandatory reporting method for all officials and employees of instance of corrupt practices under pain of disciplinary action in case of concealment, with provision for protection to the whistleblower;

     4.      Disclosure of networth of all officials (i.e. Commissioners, Labor Arbiters, Deputy Executive Clerks and Division Chiefs) in the NLRC website;

     5.     Dissemination of compendium of anti-corruption laws and posting of anti-corruption slogans/posters in all NBLRC offices;

     6.     Installation of electronic surveillance or hidden CCTV camera in all NLRC offices;

     7.     Monitoring of Code of Conduct for Commissioenrs, Labor Arbiters and rank-and-file employees; and,

     8.     Enhancement and improvement of Case Management System, Quality Management System (ISO certification), and Results-Based Performance Management System.

     D.    Maintain industrial peace through improve quality of decisions:

     1.      Formulation of template format of Decisions;

     2.     Adoption of Court Practice Analysis (CPA) for decision analysis;

     3.     Publication of Case Digest of Supreme Court decisions on labor law;

     4.     Publication of NLRC Law Journal with emphasis on the trend of labor law and jurisprudence;

     5.     Regular meetings of Executive Labor Arbiters to discuss new lasw, issuance and relevant jurisprudence;

     6.     Capacity-building in decision-writing for Commissioners, Labor Arbiters and Commission Attorneys, and

     7.     Monitoring of affirmance and reversal of decisions.

     E.     Maintain industrial peace through speedy and efficient enforcement of judgment:

     1.      Amending the NLRC Rules of Procedure and the NLRC Manual on Execution of Judgment to enforce the judgment expeditiously and effectively, and ensure transparency in the enforcement of decisions;

     2.     Creation of Manual/Guidelines in enforcement of judgment in specialized areas (in coordination with PEZA, LTC, SEC, PNP, etc.);

     3.     Incorporation of supplementary measures and procedures in enforcement of judgment to address the unsatisfied judgment;

     4.     Monitoring of bonding companies and their surety bonds to address the issue of fake bonds;

     5.     Creation of additional plantilla positions for Sheriff;

     6.     Adoption of Code of Conduct for Sheriffs and monitoring of their compliance and performance;

     7.     Creation of Fact-Finding Committee that will hear and investigate complaints of misconduct against Sheriffs & monitor speedy resolution of complaints; and

     8.     Capacity-building for Sheriffs.

 

Existing REFORM MEASURES

            In ongoing effort of implementing the reform measures on the processes at the NLRC, the following highlights are worth mentioning, to wit:

    I.          STREAMLINING OF PROCEDURES & IMPROVING INTERNAL PROCESSES

           A.        Promulgation of the 2011 NLRC Rules of Procedure

                  1.   Amended certain provisions to expedite proceedings such as:

(a)  service of summons and additional mode of service (via private courier) of notices, resolutions, orders, decisions, summons and processes.

2.   Streamlined procedural requirements to ensure integrity of the process and to avoid unnecessary delays, which include amendments on:

(a)   effect of non-compliance on the required proof of service;

(b)   effect of non-appearance of any of the parties during mandatory conciliation and mediation conference;

(c)    effect of non-appearance of any of the parties during clarificatory conference;

(d)   period within which to file a motion for postponement;

(e)   period within which to cause an amendment of the complaint or petition;

(f)     period within which to conduct clarificatory conference; and

(g)   grounds for inhibitions.

3.   Expanded list of prohibited pleadings to address the dilatory tactics resorted to by the parties.

4.   New provision which grants authority to the Chairman to blacklist bonding companies on justifiable grounds in order to ensure that   judgment awards are fully guaranteed.

5.   New provisions and amendments to ensure immediate and effective enforcement of final judgment such as:

(a) finality of the decision or order of Labor Arbiter and granting the latter the  authority to issue certificate of finality;

(b) simpler requirements on the execution of final judgment;

(c)  limited period within which to conduct pre-execution conference;

(d) extending the lifetime or effectivity of the writ of execution (from 180 days to 5 years) to dispense the issuance of alias writs of execution. However, 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;

(e) non-extendible period of three (3) days for the Sheriff to serve a writ of execution (to expedite the service of the writs);

(f)  effect of refusal of the bonding company to pay or refusal of the bank holding the cash deposit of the losing party to release the garnished amount; and

(g) duty of the sheriff to regularly update the Labor Arbiter or the Commission on the status of enforcement and setting specific period within which such obligation will be discharged;

                 6.   New provision on third party claim such as:

                        (a) limited period within which to file the claim;

(b) submission of supporting documents and posting of a bond equivalent to the amount claimed;

(c)  a period of ten (10) days within which to resolve a third party claim, reckoned from submission of the claim for resolution, and

(d) ruling out any appeal from the decision on third party claim.

7.   New provision (i.e. Extraordinary Remedies) to address the problem of multiple appeals. The new rule ensures continuity of execution without depriving the parties of the right to due process;

                  8.  New provision strengthening the contempt power of the Commission; and

9.  New provision which grants authority to the Commission and Labor Arbiters to impose fines in order to ensure compliance with decisions, orders, or awards.

       B.   Administrative Issuances (AOs and Memoranda)

1.    Memorandum directing all Executive/Labor Arbiters to personally conduct and preside over the mandatory conciliation and mediation conferences of all cases assigned and/or raffled to them and sign the minutes of the proceedings thereof;

2.   Memorandum directing all Presiding/Commissioners to immediately dismiss an appeal if the issue raised is the failure of the Labor Arbiter to refer the dispute to the NCMB for voluntary arbitration, after determining that the complaint was initially processed in the grievance machinery as provided for in the existing Collective Bargaining Agreements (CBAs) between the parties. It further directs that an Order be issued to vacate the Labor Arbiter’s decision and refer the dispute for voluntary arbitration;

3.   Memorandum directing all Executive/Labor Arbiters to immediately dismiss the complaint and/or terminate proceedings which were initially processed in the grievance machinery as provided for in the existing CBA between the parties, through the issuance of Order of Dismissal and referral of the dispute to the NCMB for voluntary arbitration;   

4.   Memorandum directing all Executive/Labor Arbiters to transmit the records of cases on appeal including Memorandum on Appeal within forty-eight (48) hours from the filing of the appeal;

5.   Memorandum penalizing the personnel who typed the wrong address by paying the cost of the mail, and a directive to the supervisor to ensure that the return cards/envelopes are signed/initialed by the typist, otherwise, the cost of the returned mails due to wrong address will be charged to the concerned party;

6.   Memorandum directing all Labor Arbiters to personally preside over and take full control of the proceedings in the mandatory conciliation and mediation conference;

7.   Memorandum directing all Labor Arbiters to issue an Order noting without action all prohibited pleadings and motions, in order to address the delay brought about by the filing of frivolous appeals/petitions/motions;

8.   Administrative Order No. 04-04 which required the Sheriffs and other concerned personnel to regularly submit inventory of all documents, folders, logbooks, and list of cases;

9.   Administrative Order No. 01-13 directing all Labor Arbiters to strictly observed the rules on appearance of non-lawyers in any proceedings before the Labor Arbitration and Commission;

10. Administrative Order No. 07-17 issuing internal guidelines to ensure uniformity of procedure in the release of trust/fiduciary funds;

11. Administrative Order No. 09-01 designating a focal person to examine the records of all cases received by the Commission on appeal to determine if there is a surety bond posted and whether such bond is valid and effective;

12. Administrative Order No. 09-03 in administering the oath to the parties submitting their position papers and other related pleadings;

13. Administrative Order No. 09-04 issuing guidelines for the Sheriffs to ensure the orderly conduct of public auction in accordance with the 2011 NLRC Rules of Procedure;

14. Administrative Order No. 09-06 on issuance of written order upon termination of the mandatory conciliation and mediation conference;

15. Administrative Order No. 09-12 strengthening the Single-Entry Approach (SEnA) program at the National Capital Region Arbitration Branch;

16. Continuous monitoring and implementation of the “First-In-First-Out Policy” (En Banc Resolution No. 13-07), compliance with the minimum performance set in the resolution of cases, and policy on consolidation of cases to avoid conflicting decisions, and expedite the proceedings; and

17. Continuous monitoring and implementation of internal processes and procedures to address the activities of fixers and ambulance chasers.

        C.    Amendment/Revision of the NLRC Manual on Execution of Judgment

1.    The Manual on Execution of Judgment will be harmonized with the provisions of the 2011 NLRC Rules of Procedure, particularly on the following:

(a) lifetime of the writ from 180 days to 5 years, to do away with issuance of alias writs of execution that has contributed to the delay of the satisfaction of judgment;

(b) specific period for service of writs of execution; and

(c)  penalties for non-observance of the period.

2.    The Manual on Execution of Judgment will address the pervasive public distrust on the process of execution, expedite enforcement of decisions, ensures transparency in the enforcement of decisions through uniform observance of prescribed procedures, and ensures receipt of monetary awards by prevailing litigants through institutionalization of safeguards in the handling of fiduciary funds.

 

      II.   ENSURING INTEGRITY AND FAIRNESS IN THE SYSTEM  

             A.        Amendment of the NLRC Rules of Procedure Governing Administrative Disciplinary Proceedings for the Commission’s Efficiency and Integrity Board (EIB) (Approved by NLRC En Banc on 09 March 2012)

         1.   Streamlined the process of filing administrative complaints against officials and employees with adoption of some provisions of the Revised Rules on Administrative Cases in the Civil Service (RRACCS).      

(a) The EIB will sit in four (4) divisions – two (2) Divisions in Luzon and one (1) each in Visayas and Mindanao;

(b) The Divisions will be tripartite in representation, with the Presiding Officer representing the government sector and the two (2) other members representing the labor and management sectors;

(c)  Complaints lodged against Presidential appointees, the disciplining authority will enforce the same if the penalty imposed is lower than dismissal, without prejudice to the filing of an appeal by the aggrieved party with the Office of the President. The appeal to the Office of the President stays the execution of the decision.

             B.        Integrity Enhancement Programs

1.    Re-orientation Seminar on the new National Government Auditing System (NGAS) (January 2012);

2.    Orientation Seminar for Newly-Appointed Labor Arbiters and Commission Attorney (February 2012);

3.    Seminar-Workshop on Computation of Monetary Awards (March and April 2012);

4.    Training-Orientation on Integra Payroll Master Government Edition (March 2012);

5.    Orientation of Labor Arbitration Associate (LAAs) on the 2011 NLRC Rules of Procedure, Case Management System/Case Tracking System, and Records Management (June 2012);

6.    Teambuilding Seminar (June 2012);

7.    Orientation on Department Order No. 18-A on Contracting and Sub-contracting (July 2012);

8.    Enhancement Training for Single-Entry Approach Desk Officers (May, June, and July 2012);

9.    Basic Course on Stenography (July 2012);

10.Values Enrichment Seminar (August 2012); and

11.Values Enhancement Seminar (Level 1) for frontline employees (August 2012).

 

      C.        Integrity Development Action Plan (IDAP) Measures

1.    Designation of personnel as Bilis Aksyon Partner (BAP) in compliance with the CSC Memorandum Circular (Mamayan Muna Program) to handle all feedbacks/reports received from the public and other government and non-government organizations;

2.   Continuous review of the Code of Conduct for Commissioners and Labor Arbiters, and ongoing consultation with the NLRC Employees’ Association (NLRCEA) on the Code of Conduct for the rank-and-file employees to be completed not later than 30 November 2012;

3.   Continuous implementation of New Frontline System to ensure the integrity of raffle system through e-Raffle and to effectively assist litigants in filing complaints;

4.   Creation of a Committee of Peers to initiate investigation and recommendation on alleged partiality and conflict of interest against Commissioners;

5.  Participation on the workshop on Participatory Gender Audit;

6.   Development of Case Management System and Case Tracking System to provide a comprehensive database of all cases; and

7.   Awaiting approval of the Rationalization Plan creating an Internal Audit Unit (IAU).

 

        D.        Improving Quality Decisions

1.   Memorandum dated August 2012 directing all Presiding/Commissioners to submit to the Chairman the disapproved/not considered draft report/ decision of their reviewers, with their comments, observations, or underscoring the reasons for the disapproval. The Chairman, after evaluation of the draft decision/report shall take appropriate action which may include filing of cases before the Efficiency and Integrity Board (EIB);

2.    Trainings and Seminars for the Labor Arbiters and Commissioners;

3.    Monitoring of affirmance and reversal of Labor Arbiters decisions.

     

 

-oOo-

 

 

feedback