Filing of Complaint in The Labor Arbiter: Hear and Decide The Case Based On Substantial Evidence Judgment

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FILING OF COMPLAINT IN THE LABOR ARBITER

LABOR ARBITER’S JURISDICTION

1. ULP

2. Termination Disputes

3. Cases involving wages, rates of pay, hours of work and other terms and conditions of employment if
accompanied with claim for reinstatement

4. Claims for actual, moral, exemplary and other forms of damages arising from employer‐ employee
relationship

5. Violation of Art. 264, including illegality of strikes and lockouts

6. Involving claims for an amount exceeding P 5,000 regardless whether accompanied with a claim for
reinstatement (Art.217)

7. Non‐Compliance in compromise agreements (Art. 227)

8. Execution of awards of voluntary arbitrator (Art. 262‐A)

9. Overseas employment disputes e.g. money claims arising from such (R.A. 8042)

10. Wage distortion

HEAR AND BASED ON


DECIDE THE SUBSTANTIAL JUDGMENT
CASE EVIDENCE

APPEAL TO THE NATIONAL LABOR RELATIONS COMMISSION

APPEAL MUST BE FILED WITH TO THE COMMISSION BY ANY OR BOTH PARTIES WITHIN 10
CALENDAR DAYS FROM RECEIPT OF DECISIONS, AWARDS OR ORDERS. SUCH APPEAL MAY BE
ENTERTAINED ONLY ON THE FOLLOWING GROUNDS
PRIMA FACIE EVIDENCE THE DECISION, ORDER OR SERIOURS ERRORS IN THE
AWARD WAS SECURED FINDINGS OF FACTS ARE RAISED
OF ABUSE OF DISCRETION MADE PURELY ON
THOUGH FRAUD OR WHICH WOULD CAUSE GRAVE
ON THE PART OF THE COERCION, INCLUDING QUESTION OF LAW OR IRREPERABLE DAMAGE OR
LABOR ARBITER GRAFT AND CORRUPTION INJURY TO THE APPELANT

APPEAL
FROM THE DECISION OF THE NATIONAL LABOR RELATIONS COMMISSION
TO THE COURT OF APPEALS

PETITION FOR REVIEW UNDER RULE 65

When any tribunal, board or officer exercising judicial or quasi-judicial functions


has acted without or in excess its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and there is no appeal, or
any plain, speedy, and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such
incidental reliefs as law and justice may require.
APPEAL
FROM THE DECISION OF THE COURT OF APPEALS
TO THE SUPREME COURT

PETITION FOR REVIEW UNDER RULE 45


MUST BE FILED WITHIN 15 DAYS

A party desiring to appeal by certiorari from a judgment or final order or


resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court
or other courts whenever authorized by law, may file with the Supreme Court a
verified petition for review on certiorari. The petition shall raise only questions of
law which must be distinctly set forth.

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