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.
This resolution strengthens the provisions in Section 14, Rule VII of the NLRC Rules of Procedure, to wit:
“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 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 (1) 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 executor after sixty (60) days from date of mailing.”
With the en banc resolution in force, it would also help the Commission in its goal for speedier disposition of cases.