Art. 227.

Technical Rules not binding

The Labor arbiter and the National Labor Relations Commission are not bound
by the technical rules of procedure in adjudication of cases. In connection therewith,
these quasi-judicial bodies may decide on the basis of position papers and other
documents submitted. But there must be a process, the opportunity to be heard.
What the law prohibits is the absolute lack of opportunity to be heard. So
there is no denial of due process where the employer was duly presented by the
counsel and was given sufficient opportunity to be heard and present his evidence,
nor where the employers failure to be heard was due to the various postponements
granted to it or his repeated failure to appear during the hearings.
Now, a formal or trial-type hearing is not at all times and all circumstances
essential to due process. The requirements of which are satisfied where the parties
are accorded fair and reasonable opportunity to explain their side on the
controversy at hand.
But although technical rules of procedure are not binding in the proceedings
before the Labor Arbiter or NLRC, there are certain rules that should be strictly
followed:
1. Service of Summons
The valid service of summons is necessary for the labor arbiter to acquire
jurisdiction over the person of the respondent.
2. Period to Appeal
Compliance with the prescribed period to appeal is mandatory. And you
cannot exempt yourself from complying with the reglementary period to
appeal by simply stating or defending or setting an argument that
technical rules of procedure are not binding in labor labor.
3. Payment of Appeal Fee
The payment of appeal fee is an essential requirement in the perfection of
the appeal.
4. The Payment of the Appeal Bond and the rule with respect to
substitution or employment of additional counsel.

COMPROMISE AGREEMENT
It is required for the Labor arbiter to persuade the parties to settle amicably.
Even if what was resorted by the parties is the so called, compulsory nature of
resolving dispute. But labor arbiter is required to persuade the parties to settle the
case amicably and to ensure that the compromise agreement entered into by them
is a fair one and that the same was forged freely, voluntarily and with full
understanding of the terms and conditions embodied therein as well as the
consequences thereof. Thats why in 2011 Rules of Procedure of the National Labor
Relations Commission, conciliation and mediation are mandatory.

EFFECT OF NON-APPEARANCE
Non-appearance of the complainant of petitioner during the conciliation and
mediation shall be a ground for the dismissal of the case without prejudice. And if it
is the respondent who failed to appear, the labor arbiter shall allow the complainant
or petitioner to file his position paper and submit evidence thereof in support of his
cause of action and thereupon renders decision on the basis of the evidence on
record.

Question: Can the union in behalf of the individual members compromise the
claims of their individual members?
Answer: No. Money claims due to the laborers cannot be an object of settlement or
compromise without the individual consent of each laborer concerned.
For the union officers to compromise the individual claims of its members,
they must be authorized to do so by a Special Powers of Attorney.
Question: Deeds of release or quitclaim, can it bar employees from demanding
additional benefits?
Answer: No. It cannot bar employees from demanding benefits to which they are
legally entitled or from contesting the legality of the dismissal and the acceptance
of those benefits would not amount to estoppel.
NB: If the person signing the waiver, the quitclaim, has done so voluntarily, with full
understanding thereof and the consideration of the quitclaim is credible and
reasonable, the transaction must be recognized as a valid and binding undertaking.
Maam: Timan-e ha ang rule with respect to Deeds of release or quitclaim. As a
general rule it cannot bar the employees for demanding higher benefits.
Take not of the case of University of Sto. Tomas vs. Samahang Manggagawa
ng UST
The Supreme Court in that case ruled that: Individual acceptance of the
award and the resulting payments made by the petitioner DO NOT OPERATE AS A
RATIFICATION of the DOLE Secretaries award.

Also, Jag & Jaggar Jeans & Sporswear Corp.

This still pertains to compromise agreement.

BAR QUESTIONS:
May the NLRC of the courts take jurisdiction or cognizance over compromise
agreements, settlements involving labor matters?
Answer: Yes, especially if there is non-compliance of compromise agreement.
How sacrosanct are statements, data made at conciliation proceedings in the Dept.
of Labor and Employment? What is the philosophy behind the answer?
Answer: The statements made at the conciliation proceedings are privileged
communications. They are privileged communications that cannot be used as
evidence nor can conciliators testify on any matters taken up in the proceedings.
The philosophy is to ascertain the truth about the controversy which the parties
may be afraid to divulge. So its a privileged communication.
True or False: Deeds of release, waiver or quitclaim are always valid and binding
Answer: False. Theyre not always valid and binding. GR, it cannot bar the
employees to claim higher benefits except when it was voluntarily executed and the
consideration, the quitclaim are credible and reasonable.

Art. 228: Appearance and Fees

Maam: Kani importante ning Art. 228 class because there were questions in the bar
exam under Art. 228.
The validity of the appearance of non-lawyer before the commission or the Labor
Arbiter.
MEMORIZE!!! Under the law, non-lawyers may
commission or labor arbiter. When is it allowed?

appear

before

the

1. If they represent themselves.

2. If they represent a legitimate labor organization which is a party to the
case.
3. If they represent a member of members of a legitimate labor organization
which is existing within the employers establishment, who are parties to
the case.
4. If he is a duly-accredited member of any legal aid office.
5. If he is the owner or president of a corporation or establishment which is a
party to the case.

But the appearance of non-lawyers must be with authorization especially

during the settlement. To settle individual claims of employees, there must be a
Special Power of Attorney to that effect.
The 2nd paragraph of Art. 228 pertains to attorneys fees. Attorneys fees are
proper in Art. 111 cases arising from withholding of wages and Art. 288 arising
from CBA negotiations that may be charged against union funds in an amount to be
agreed upon by the parties.
The prohibition with respect to the payment of attorneys fees is only is when
it is effected thru forced contributions from the workers own funds as distinguished
from union funds.
So actually class, there is no prohibition with respect to the payment of
attorneys fees during CBA negotiations. Ang prohibition lang is when it is effected
thru union funds. But take note of Art. 249 (o). Sa Art. 249 (o) niingon ang
balaod, No attorneys fees may be checked off from any amount due to the
employee without an individual written authorization duly signed by the employee.
So the payment of attorneys fees should come from union funds. Nya dis-a man na
gikan ang union funds? Of course gikan sa mga empleyado. Niingon ang labor code
nga, No attorneys fees may be checked off. Meaning, may be deducted from the
salary of the employee without the individual written authorization duly signed by
the employee. So in order for the employer to validly check off an amount from the
employees pay or salary, there should be an individual written authorization duly
signed by the employee concerned.

BAR QUESTIONS:
(Ms. Paler) May non-lawyers appear before the NLRC or Labor arbiter? May
they charge attorneys fees for such appearance provided, it is charged against
union funds and in an amount freely agreed upon by the parties? Discuss fully.
Answer: Art. 228. Yes non-lawyers may appear before the commission or any
labor arbiter only. So you have to enumerate the circumstances or the situations
under Art. 228. Non-lawyers may not charge attorneys fees though charged against
the union funds and agreed upon because attorneys fees requires the existence of
attorney-client relationship. They are not lawyers.
(Ms. Paler) Non-lawyers can appear before the labor arbiter if:
a. They represent themselves
b. They are properly authorized to represent their legitimate labor
organization or member thereof
c. They are accredited members of the legal aid office recognized by the DOJ
or IBP
d. They appeared in cases involving an amount of less than 5,000.00.
Answer: Best answer is letter A. Why? Because in letter B, the labor
organization must be a party to the case and the member must be of a labor

organization existing within the employers establishment who are parties to

the case. So in other words, same with letter C, Art. 228 provides that the
labor organization must be a party to the case which is not available in the
choices. Thats why letter A is the best answer. So learning ani nga question
sa BAR exam as well as the previous bar examination is you have to
memorize or at least familiarize Art. 228.
(Ms. Paler) The unions by-laws provided for burial assistance to the family of
a member who dies. When Carlos, a member dies, the union denied his wifes
claim for burial assistance, compelling her to hire a lawyer to pursue the
claim. Assuming the wife wins, may she also claim attorneys fees?
Answer: Letter d. Yes, since award of attorneys fee is not limited to cases of
withholding of wages.
Maam: (I cannot find jurisprudence but the answer given by the examiner is
letter D). So ingana ang Bar exam.

Art. 230. Execution

Writ of execution may be issued by any officials who has jurisdiction in labor
cases. The writ of execution or a judgment may be issued motu propio or on motion
of any interested party within 5 years from the date it becomes final and executory.
NB: In Art. 129, (money claims not more than 5,000.00). It can be delegated to an
officer who is authorized to hear the dispute but that authorized hearing officer does
not have the power to issue writ of execution. Kana ra siya nga person and dili
authorized to issue writ of execution in labor cases. But the med-arbiter, the
secretary of labor, the labor arbiter, the NLRC and any of the officers who has
jurisdiction in any of the labor cases can issue writ of execution except that
authorized hearing officer under Art. 129. Thats 5 years validity for the date it
becomes final and executory.

How to execute a labor judgment which on appeal had become final and executory?
Answer: By filing a motion for execution
In the case of Dario Nacar vs. Gallery Frames. Recomputation is allowed even if
the judgment has already become final and executory.

Art. 231: CONTEMPT POWERS OF THE SEC. OF LABOR (not important)

Title III

Art. 232. Bureau of Labor Relations

You cannot understand the jurisdiction of the Bureau of Labor Relations in
inter-union and intra-union dispute without reading DO-40-03.
DO-40-03 is the implementing rules and regulations of Title III.
NB: BLR no longer exercise all the functions under Art. 232 of the Labor Code.

Question: Who has the jurisdiction over inter-union and intra-union dispute?
Answer: Med-arbiter. Third quasi-judicial body that has jurisdiction on labor cases,
one of which is inter/intra-union dispute. You cannot find this on the Labor Code,
anhi rani nimo siya makit-an sa DO-40-03 particularly Sec. 7 and 16 of Rule XI.
Question: What is a med-arbiter?
Answer: Just read definition of terms section (l), Rule 1

Question: What are the cases under the original jurisdiction of the Med-arbiter?
Answer:
1. Petition for certification election
When to file? If you want to negotiate or f want to bargain collectively with an
employer and there are two or more unions existing within a bargaining unit,
you have to file a petition for certification election to determine who among
the existing legitimate labor organization can represent the employees in the
bargaining unit.
Maam: Now, asa man nimo i-appeal and decision sa Med-arbiter with respect
to certification election?
Answer: appealable to the secretary of labor. (Legal basis: Sec. 17, Rule 8
DO-40-03)

2. Inter-union/Intra-union
What is an inter-union dispute and what is an intra-union dispute?
Sa kinaraan nga definition, inter-union dispute is between/among unions. Ang
intra-union dispute is within and among the members.
But there is a new definition introduced by DO-40-03. Although you have to
take note of the old definition because that is still appealable. Take note of
the definition introduced by DO-40-03. Sec. 1 Rule XI of 40-03 enumerates or
provides the long list of what are considered inter/intra union disputes.
Now in the long list, it includes application and cancellation of union
registration and its registration and deregistration of CBA.

Ok ani ha, and DO-40-03 naghimo ug lain nga definition sa inter/intra-union

dispute. Among the list included is registration and cancellation of union
registration, registration and deregistration of CBA.
Now registration of labor organization and registration and deregistration are
inter/intra union dispute but these disputes does not fall under the
jurisdiction of the Med-arbiter, it belongs to the Regional Director.
So kani rang upat. Mga kaso man ni sila. You file a petition to register the
labor organization. So ga kaso ni sila. These are inter/intra-union disputes but
the jurisdiction of these does not belong to the Med-arbiter.
So if there is a question: Who has jurisdiction over inter/intra union dispute?
Answer: Med-arbiter except those 4 cases, which belong to the Regional
Director.
Maam: Dili na ninyo makit-an sa libro.
Paler: Kanang Regional Director of DOLE?
Maam: O, naa rana sa DO-40-03.
In other words, under DO-40-03, inter-union dispute is no longer limited to
disputes between and among labor organizations. Although naa gihapon na
siya nga definition but it was enhanced by DO-40-03.
Now, sa kani pa jud siya class, its the Regional Director who has jurisdiction
kung independent labor organization. Kung mag-involve na pod ug federation
(registration of federation), still that is an intra-union dispute but the
jurisdiction is with the BLR. I-explain pa ni naho inig abot nato sa registration.
Primer ra ba. Kani siya kani rang mga union ba, independent union ra pero
kung federation na, BLR ang dapat naay jurisdiction.
(Paler): Ang Med-Arbiter maam ba di na sija under sa BLR?
Maam: Actually naa na sila anang mga opisinahapero mga independent body
na sila, murag nag connect2 lang ba, naa na silay independent jurisdiction.
So ayaw anang under under, basta naa na silay kaugalingong jurisdiction kay
mura rana silag mga kintahay attached ra kintahay nga agency ba.

APPEAL
Question: Asa maka-appeal sa decision sa Med-arbiter of inter/intra-union dispute?
Answer: File an appeal to the Bureau of Labor Relations. That is within 10 days
from receipt thereof, copy furnished the opposing party in the form of memorandum
of appeal.

The decision of the BLR shall be final and executory after 10 calendar days but of
course you still have an option to CA under Rule 65. Before filing an action to CA
(Special civil action for certiorari), parties must file first one motion for
reconsideration before the Bureau of Labor Relations.
Maam: Niingon ko ganina nga when it involves a federation, original jurisdiction is
with the BLR. Where, asa man ka mo appeal sa decision sa BLR?
Answer: Secretary of Labor

Power of Secretary of Labor

The power of Secretary of labor to review the decision of the BLR is only
limited to the decisions of the BLR exercising its original jurisdiction. The Sec. of
labor has no more jurisdiction to review decisions of the BLR in the exercise of it
appellate jurisdiction.

THE PRINCIPLE
The authority of the Secretary of Labor to review the decision of the BLR is only
limited to decisions exercised in its original jurisdiction. But if its a decision
exercised as a result of its exercise sa iyahang appellate jurisdiction, the Sec. of
Labor has no more authority to review the decisions of the BLR.

Lee: Maam ang sa petition for certification election, di na mo-appeal sa BLR?

Maam: Later nana siya pag-abot na nato didto.
Lee: Di kay murag human na man lagi basig.
Maam: Mobalik ra ko diha. Ako laman sang gi-enumerate. Pagreview ninyo tagaan
man mo nahog kanag murag diagram ba.

PRINCIPLES THA WE HAVE TO TAKE NOTE RE INTRA/INTER-UNION

DISPUTE
The filing or pendency of inter/intra-union dispute is not a prejudicial question
to any petition for certification election and shall not be a ground for the dismissal
of petition for certification election or suspension of proceedings for certification
election.

For example, petition for certification election and there is a separate case,
say cancellation of registration. So dili na prejudicial question, the certification
election will proceed.
The cases that I assigned to you. Kapisanan ng Samahang Pinagyakap
vs. Trajano, this pertains to an intra-union dispute. Expulsion or suspension of
officers. The BLR instead of deciding the dispute refers back the matter to the
members for them to decide. Thai is NOT ALLOWED. Ingon ang Supreme Court: The
BLR has no authority to order the referendum among union members to
decide whether to expel or suspend the union officers. So in other words, the
Med-arbiter should decide the issue W/N to expel the union officers. They
are not allowed to refer it back to the members and let them vote, kay naa man nila
ang jurisdiction.
Katarungang Pambarangay Law is not applicable in labor disputes.

BAR QUESTIONS:
(Ms. Damole) The National Council of X Union, the exclusive bargaining
representative of all daily paid workers of Z Corp., called a general meeting and
passed a resolution which provides that each union member was to be assessed
P1,000 to be deducted from the lump sum of P10,000 which each employee was to
receive under the CBA. Sergio, a Union member, protested and refused to sign the
authorization slip for the deduction. X Union then passed a resolution expelling
Sergio from the union. Sergio files a complaint before the Labor Arbiter for illegal
deduction and expulsion from the union. Will the complaint prosper? Explain.
Answer: The complaint will not prosper. This is an intra-union dispute, jurisdiction is
with the Med-arbiter.

(Ms. Damole) Which of the following is cognizable by the Bureau of Labor Relations
Med-Arbiters?
a. Unfair labor practice for violation of the CBA files by the Workers Union of
Company X against Company X;
b. Claim for backwages filed by overseas contract worker Xena against her
Saudi Arabian employer;
c. Contest for the position of MG Union President brought by Ka Joe, the losing
candidate in the recent elections;
d. G contesting his removal as Chief Executive Officer of Company Z.
Answer: c

COMPROMISE AGREEMENT
Pareha rana siya sa Art. 227. Under the law, or labor laws recognize
compromise agreement as a mode of settling labor/industrial disputes.

Requisites:

Must be reduced into writing

Must be voluntarily entered into
Must represent a reasonable settle of claims
Must be signed in the presence of Regional Director or Labor Arbiter or his
duly authorized representative.
A compromise cannot be later on be disowned or set aside because of a
change of mind. It cannot be set aside on the ground that the employee was
constrained to sign the same because of extreme necessity. Dire necessity is
not an acceptable ground for annulling a compromise agreement especially
when there is no showing that the employee was forced to enter into such
compromise.
If the compromise agreement was entered into by a counsel or a lawyer or by
union officers, the counsel, the union officer, must be equipped with Special
Power of Attorney.

Art. 234. Issuance of a Subpoena

Art 235. Appointment of Bureau Personnel

Art 236.
Question: Is it necessary to register the collective bargaining agreement for it to
be valid?
Answer: No. Registration of a CBA is not a requisite for its validity. For, once it is
entered into and signed by the parties, it becomes effective as between the parties.
Question: Why is it that you have to register the CBA?
Answer: For the Contract-Bar-Rule to apply under Art. 237.
Memorize what is a Contract-Bar-Rule.
The Contract-Bar-Rule states that: While a valid and registered CBA is subsisting,
the bureau is not allowed to hold an election contesting the majority status of the
incumbent union. The existence of the CBA does not allow, that is, it bars the
holding of inter-union electoral contest. The election is legally allowed only during
the freedom period which refers to the last 60 days of the 5th year of the
effectivity of the CBA. Otherwise stated, if there is a VALID and REGISTERED CBA,
the majority status of the incumbent union is protected for 5 years.
Ang election allowed lang during the freedom period, which is the last 60 days of
the 5th year. So bisan pa class ug within the bargaining unit dunay mosulbong nga
usa ka union which will claim that: I have more members, I have most of the

employees in the bargaining unit. Kang union nga certified as the exclusive
bargaining representative wala na siya, gamay na lang na siya ug miyembro. That
ground will not suffice for the conduct of certification election kay protected gihapon
iyang status for 5 years. That is if the CBA is registered. If the CBA is not registered,
a certification election can be conducted anytime. So thats the importance of
registering the CBA.

EXCEPTIONS TO THE CONTRACT-BAR-RULE

Those entered into with a labor organization which has not been certified as
the sole and exclusive bargaining representative but merely accorded
voluntary recognition by the management despite the existence of another
labor organizations seeking recognition.
Those which are not duly registered with BLR or the appropriate regional
office of DOLE.
Those which are incomplete, specifically those which does not provide
economic benefits for the employees.
Those which was hastily entered into prior to or durng the 60-day freedom
period.
Those which can no longer foster industrial peace and stability

Art. 238. Privileged Communication

BAR Question:
(Ms. Damole) A Collective Bargaining Agreement was signed between the Ang Sarap
Kainan Company and the Ang Sarap Kainan Workers Union. Should the Collective
Bargaining Agreement be registered with the Bureau of Labor Relations? If so, why?
Answer: GR: For CBA to be valid, registration is no essential. But it is necessary to
be registered for the Contract-Bar-Rule to apply.

MJE (September. 6, 2015 2:24 PM)