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From the decision of the NLRC, there is no appeal. The only way to elevate the case
to the Court of Appeals is by way of the special civil action of certiorari under Rule
65 of the Rules of Civil Procedure.
From the ruling of the Court of the Appeals, it may be elevated to the Supreme
Court by way of ordinary appeal under Rule 45 of the Rules of Civil Procedure. (St.
Martin Funeral Home vs. NLRC, et al., G. R. No. 130866, September 16, 1998).
2. DECISION OF VOLUNTARY ARBITRATORS: The decision of a Voluntary Arbitrator or
panel of Voluntary Arbitrators is appealable by ordinary appeal under Rule 43 of the
Rules of Civil Procedure directly to the Court of Appeals. From the
Court of Appeals, the case may be elevated to the Supreme Court by way of
ordinary appeal under the same Rule 45. (Luzon Development Bank vs. Association
of Luzon Development Bank Employees, et al., G. R. No. 120319, October 6, 1995).
3. DECISION OF THE BLR: A. Denial of application for registration of a union. If the
denial is issued by the Regional Office, it may be appealed to the BLR. If the denial
is originally made by the BLR, appeal may be had to the Secretary of Labor and
Employment. B. Cancellation of registration of a union. If the cancellation of union
registration is ordered by the Regional Office, the same may be appealed to the
BLR. If the cancellation is done by the BLR in a petition filed directly therewith, the
BLRs decision is appealable to the Secretary of Labor and Employment by ordinary
appeal. The decision of the BLR rendered in its original jurisdiction may be appealed
to the Secretary of Labor and Employment whose decision thereon may only be
elevated to the Court of Appeals by way of certiorari under Rule 65. The decision of
the BLR rendered in its appellate jurisdiction may not be appealed to the Secretary
of Labor and Employment but may be elevated directly to the Court of Appeals by
way of certiorari under Rule 65. (Abbott Laboratories Philippines, Inc. vs. Abbott
Laboratories Employees Union, et al., G. R. No. 131374, January 26, 2000).
4. DECISION OF THE MED-ARBITER IN CERTIFICATION ELECTION
CASES The decision is appealable to the DOLE Secretary of Labor and
Employment.
5. DECISION OF THE DOLE REGIONAL DIRECTORS OR HIS DULY
AUTHORIZED HEARING OFFICERS UNDER ARTICLE 129 INVOLVING RECOVERY OF
WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS NOT EXCEEDING P5,000 AND
NOT ACCOMPANIED BY CLAIM FOR REINSTATEMENT - The decision is appealable to
the NLRC and not to the DOLE Secretary.
(NOTE: Appeal from CA to SC should be under Rule 45 (Petition for Review on
Certiorari) and not Rule 65 (Special Civil Action for Certiorari) SEA POWER
5. Appeal from decision of Labor Arbiter in direct contempt cases (5 calendar days).
6. When allowing the appeal "in the interest of justice."
7. Allowing the appeal for other compelling reasons (due to typhoon falling on
the 10th day; or excusable negligence).
c. The 10-calendar day reglementary period to appeal is not extendible.
d. Motion for reconsideration of Labor Arbiters decision is not allowed.
e. 10 calendar-day period is counted from receipt of decision by counsel of party.
f. Failure to appeal or perfect appeal within 10-calendar day reglementary period will
make the Labor Arbiter's decision final and executory.
g. Date of mailing (by registered mail) is date of filing.
h. Receipt by one of two counsels is receipt by the party.
i. Effect of perfection of appeal - Labor Arbiter loses jurisdiction.
j. Lack of verification of the memorandum of appeal is not fatal nor jurisdictional.
k. Failure to pay appeal docketing fee, not fatal to the validity of appeal.
l. Submission of new or additional evidence on appeal may be allowed.
m. Raising new issues or changing theory on appeal is not allowed.