1. How do you interpret “rules of procedure on venue is merely permissive?

The interpretation that "rules of procedure on venue is merely permissive" suggests that the rules
governing the selection of the appropriate location for legal proceedings are flexible and allow
for some discretion. This means that while guidelines exist to determine the most suitable venue
for a case, there might be circumstances where these rules can be adapted or deviated from based
on specific considerations or agreements between the parties involved.

2. What are the rules on venue in filing labor cases?

In filing labor cases, the rules on venue typically depend on the specific jurisdiction and
regulations of the labor court system in your region. Generally, labor cases should be filed in the
Regional Arbitration Branch (RAB) of the National Labor Relations Commission (NLRC) that
has jurisdiction over the place where the workplace is located. This ensures that the case is heard
in the appropriate geographical area for the convenience of both parties involved.

3. When there are two or more Regional Arbitration Branches have jurisdiction over the
workplace, how did you resolve the issue of venue?
When there are two or more Regional Arbitration Branches that potentially have jurisdiction
over a workplace, the determination of venue could be based on factors such as the location of
the majority of the employees, the company's main office, or other relevant considerations. It is
advisable to consult the specific guidelines provided by the NLRC or seek legal advice to
appropriately resolve such venue conflicts.

4. Does an individual Commissioner of the NLRC have adjudicatory power?

An individual Commissioner of the National Labor Relations Commission (NLRC) typically
does not possess sole adjudicatory power. The NLRC functions as a collective body, and
decisions are often reached through deliberation and consensus among the commissioners.
Adjudicatory decisions are generally made by panels of commissioners rather than by individual
commissioners.

5. Can a Labor Arbiter conduct compulsory arbitration? How? Explain?

Yes, a Labor Arbiter can conduct compulsory arbitration. Compulsory arbitration involves
resolving disputes between labor and management when they reach an impasse during
negotiations. In this scenario, the Labor Arbiter acts as a neutral third party, often chosen by
mutual agreement or assigned by relevant labor authorities. The Labor Arbiter facilitates
negotiations and, if necessary, issues an arbitration award that settles the dispute. This award is
legally binding and enforceable, serving as a resolution to the labor dispute.
Please note that labor laws and regulations can vary by jurisdiction, so it's important to refer to
the specific laws and guidelines applicable in your region.

6. Mr. Rodrigo Bato filed with the Labor Arbiter a case for illegal dismissal against his
employer where he obtained a favorable decision by granting the twin remedy of
reinstatement and payment of full backwages from the time his salary was withheld. On
appeal, the NLRC totally reversed the decision of the Labor Arbiter.
(a)What will be the effect of NLRC reversal of the Labor Arbiter’s order of reinstatement?
(b) If the Mr. Rodrigo Bato was reinstated during the appeal and reversed with finality the
appealed decision, may the employer has the right to reimburse whatever salary
Mr.Rodrigo Bato received during the period of appeal?
(a) The reversal by the NLRC of the Labor Arbiter's order of reinstatement would mean that Mr.
Rodrigo Bato's reinstatement is no longer in effect. He would not be entitled to resume his
position with the employer. However, the NLRC's reversal does not automatically negate the
award of payment of full backwages, unless explicitly stated otherwise in the NLRC decision.
(b) If Mr. Rodrigo Bato was reinstated during the appeal and the decision is subsequently
reversed with finality, the employer generally has the right to recover the salary paid to Mr. Bato
during the period of appeal. This is based on the principle of equity that seeks to restore parties
to their original positions prior to the erroneous decision. The process for recovering the salary
may vary depending on local labor laws and regulations.

7. How is an appeal from the decision of the Labor Arbiter to the National Labor
Relations Commission perfected?
An appeal from the decision of the Labor Arbiter to the National Labor Relations Commission
(NLRC) is perfected by filing a Notice of Appeal with the appropriate NLRC office within ten
(10) calendar days from the receipt of the decision. Along with the Notice of Appeal, the
appellant (usually the aggrieved party) is required to pay the required appeal fee and post a cash
or surety bond equivalent to the monetary award in the decision. The bond is intended to ensure
that if the appeal is dismissed, the monetary award can be paid to the prevailing party.
8. What is the legal effect if the bond posted by the employer in his appeal found out the
surety bond was irregular or not genuine? What will happen to the appeal? Is there
criminal liability? Who will be liable?
If the bond posted by the employer in his appeal is found to be irregular or not genuine, it could
lead to the dismissal of the appeal. The irregular bond undermines the purpose of providing
security for the payment of the monetary award if the appeal is unsuccessful. There might not
necessarily be criminal liability unless there is evidence of intentional fraud or misrepresentation
related to the bond. The liability for the irregular bond may fall on the party responsible for
posting it, which is usually the appealing party or their representative.
9. Is a motion for reconsideration of the NLRC decision necessary for filing a petition for
certiorari before the Court of Appeals? Cite an instance where filing of a motion for
reconsideration can be dispensed with?
In general, a motion for reconsideration of the NLRC decision is necessary before filing a
petition for certiorari before the Court of Appeals. This is because the doctrine of exhaustion of
administrative remedies requires that parties avail themselves of all possible remedies within the
administrative process before resorting to judicial action. However, there are instances where
filing a motion for reconsideration can be dispensed with. One instance is when the NLRC
decision is a patent nullity, or when it was issued without jurisdiction. In such cases, pursuing a
motion for reconsideration would be futile, and parties can proceed directly to filing a petition
for certiorari.
10. Can the Bureau of Labor Relations handles all labor management disputes? Discuss
and explain please.
The Bureau of Labor Relations (BLR) generally handles labor-management disputes related to
the registration and internal affairs of labor organizations and employers' organizations.
However, the BLR's scope of authority is not all-encompassing. Disputes related to unfair labor
practices, termination or dismissal cases, and other matters falling under the jurisdiction of the
National Labor Relations Commission (NLRC) or other specialized labor tribunals would not
typically fall under the jurisdiction of the BLR. The BLR's focus is primarily on labor
organization matters and compliance with labor-related regulations

11. Who may file a complaint or petition involving intra/inter-union disputes?

Complaints or petitions involving intra/inter-union disputes may be filed by union members,
officers, or members of a labor organization, or by the employer.
12. If the issue involves the entire membership of the labor organization, who may file the
complaint or petition?
If the issue involves the entire membership of the labor organization, the complaint or petition
may be filed by a substantial number of members or any member on behalf of the others.
13. Supposing the issue involves member only, who may file the complaint or petition?
If the issue involves members only, a member or members of the labor organization may file the
complaint or petition.
14. Within what period may an appeal to a decision of the med-arbiter or regional director
in inter/intra-union dispute be filed? To whom is the decision appealable?
An appeal to a decision of the med-arbiter or regional director in inter/intra-union disputes must
be filed within ten (10) calendar days from receipt of the decision. The decision is appealable to
the Secretary of Labor and Employment.
15. Discuss the alternative modes of settlement of labor disputes under Article 211 of the
Labor Code?
The alternative modes of settlement of labor disputes under Article 211 of the Labor Code
include mediation, conciliation, and voluntary arbitration. These methods aim to resolve disputes
through negotiation and agreement, thus avoiding prolonged legal proceedings.
16. Who are the parties to labor relations cases?
The parties to labor relations cases typically include employers, employees or workers, and labor
organizations or unions. Additionally, government agencies and representatives may also be
involved in certain cases.
17. May a regular court fix resort to voluntary arbitration?
No, a regular court cannot fix resort to voluntary arbitration. Voluntary arbitration is generally
chosen by mutual agreement between the parties as an alternative to litigation in court.
18. Who are the active parties to labor relations cases?
The active parties to labor relations cases are usually the complaining party or petitioner and the
respondent. These could be individual employees, employers, labor organizations, or other
relevant entities
19. What are the powers of the Secretary of Labor and Employment under Article 128 of
the Labor Code?
Under Article 128 of the Labor Code, the Secretary of Labor and Employment has the power to
issue compliance orders to ensure compliance with labor standards and other labor-related laws
20. What are the powers and functions of the Regional Director under Article 129 of the
Labor Code?
The Regional Director, under Article 129 of the Labor Code, has the power to investigate labor
disputes and issue compliance orders regarding labor standards within his or her jurisdiction.
21. What are the powers and functions of the Labor Arbiter under Article 217 of the Labor
Code?
The Labor Arbiter, under Article 217 of the Labor Code, has the power to hear and decide cases
involving unfair labor practices, termination disputes, wage and benefits claims, and other labor-
related matters.
22. Is compromise agreement has the effect of res judicata?
Yes, a compromise agreement can have the effect of res judicata, meaning that it can serve as a
final and binding resolution of the issues involved, preventing the parties from litigating the
same issues again.
23. Who are the workers with right to self-organization for purpose of collective
bargaining?
Workers with the right to self-organization for the purpose of collective bargaining include all
employees, whether in the public or private sector, except managerial employees.
24. Who are the persons/employees eligible to join a labor organization for mutual aid and
protection?
All persons or employees, whether employed for a definite period or not, are eligible to join a
labor organization for mutual aid and protection.
25. Who may file a petition for certification election?
Any legitimate labor organization or group of workers may file a petition for certification
election to determine whether the employees wish to be represented for collective bargaining
purposes.
26. Define and discuss the following:
a. Contract Bar Rule
b. Deadlock Bar Rule
c. Negotiation Bar Rule
d. Run-off Election
e. Check-off
f. Union Dues
g. Agency fees
h. Freedom period

a. Contract Bar Rule: This rule states that once a valid collective bargaining agreement (CBA)
has been entered into between the employer and the recognized labor union, no petition for
certification election or any other representation question can be entertained for a certain period,
usually the duration of the CBA.
b. Deadlock Bar Rule: The deadlock bar rule prevents the filing of a notice of strike or lockout
while the parties are in the process of conciliation or negotiation and before the NCMB (National
Conciliation and Mediation Board) has assumed jurisdiction over the dispute.
c. Negotiation Bar Rule: This rule prohibits the filing of a petition for certification election
during the lifetime of an existing CBA or during the 60-day freedom period before the CBA's
expiration date.
d. Run-off Election: A run-off election is conducted when none of the choices in a certification
election receives the majority of votes. It occurs between the two choices that received the most
votes in the initial election.
e. Check-off: Check-off refers to the automatic deduction of union dues or agency fees from an
employee's wages by the employer, as stipulated in a collective bargaining agreement or an
agreement between the employee and the union.
f. Union Dues: Union dues are regular payments made by members of a labor union to fund the
activities and operations of the union. These payments are often used to support collective
bargaining efforts, legal representation, and other union-related activities.
g. Agency Fees: Agency fees are payments made by non-union employees to cover the costs of
collective bargaining and contract administration. These employees are not union members but
benefit from the provisions negotiated in the collective bargaining agreement.
h. Freedom Period: The freedom period refers to the period within 60 days prior to the
expiration of an existing collective bargaining agreement during which a petition for certification
election can be filed.
27. What are the aspect of Unfair Labor Practices?

Unfair labor practices involve actions by employers or labor organizations that violate the rights
of employees or employers and undermine the principles of fair labor relations. They can include
interference, restraint, or coercion against employees in the exercise of their rights,
discrimination in employment, refusal to bargain collectively, and more.
28. What is “yellow dog contract?

A "yellow dog contract" is an agreement between an employer and an employee in which the
employee agrees not to join or be a member of a labor union as a condition of employment. Such
contracts are generally considered unlawful and unenforceable as they infringe upon the right to
self-organization.
29. What is the meaning of “duty to bargain”?

The "duty to bargain" refers to the obligation of both employers and labor unions to engage in
good faith negotiations over terms and conditions of employment, with the goal of reaching a
collective bargaining agreement that addresses the interests of both parties.
30. What is picketing?

Picketing involves the act of demonstrating or protesting by a group of workers outside their
workplace, often carrying signs or placards to communicate their grievances to the public,
management, or other employees.
31. What is the right to self-organization?

The right to self-organization is the fundamental right of workers to form, join, or assist labor
organizations of their choice for the purpose of collective bargaining, mutual aid, and protection
of their rights and interests.
32. What are the Constitutional provisions that protect the Right to Self-organization?

The Constitutional provisions protecting the right to self-organization include Article III, Section
8 of the 1987 Philippine Constitution, which guarantees the right of all workers to form unions or
associations.
33. Is Compromise Agreement has the effect of res judicata? Explain.

Yes, a compromise agreement can have the effect of res judicata, meaning that it can serve as a
final and binding resolution of the issues involved, preventing the parties from litigating the
same issues again.
35. Is Barangay conciliation available in labor cases?

No, Barangay conciliation is generally not available in labor cases, as labor disputes are under
the jurisdiction of specialized labor tribunals such as the National Labor Relations Commission
(NLRC).
36. What are the essential elements of administrative due process?

The essential elements of administrative due process include notice of the charges, an
opportunity to respond to the charges, a fair and impartial hearing, and the right to present
evidence and be heard.
37. What are the two (2) aspects of statutory due process for the lawful dismissal of an
Employee?

 The two aspects of statutory due process for the lawful dismissal of an employee are:
 Substantive Due Process: Ensures that the grounds for termination are valid, just, and
supported by evidence.
 Procedural Due Process: Guarantees that the employee is given a fair chance to defend
themselves and respond to the allegations before a final decision is made.

38. Give seven (7) standard situations in termination cases?

Seven standard situations in termination cases include: insubordination, gross neglect of duties,
dishonesty, commission of a crime, loss of trust and confidence, violation of company policies,
and redundancy.
39. Is a formal hearing or conference a mandatory requirements in a company-level
Administrative cases?

In most cases, a formal hearing or conference is not a mandatory requirement in company-level

administrative cases. However, the employee must be given ample opportunity to be heard
through other means, such as written explanations or meetings
40. What is “ample opportunity to be heard” in company-level administrative cases?

"Ample opportunity to be heard" in company-level administrative cases means that the employee
must be provided with sufficient time and means to present their side of the case, present
evidence, and respond to the allegations before any disciplinary action is taken.
41. Out of the two thousand five hundred (2,500) employees of ABC Corporation, one thousand
five hundred (1,500) staged a mass walk-out, allegedly without anybody leading them as it was
simultaneous, immediate and unanimous group action and decision, to protest the non-payment of
their salaries and wages. The Secretary of Labor and Employment found the strike to be illegal
granted the clearance to terminate the employment of those who were instigators in the illegal
strike. Is the decision of the Secretary of Labor and Employment in granting the clearance
correct?
The decision of the Secretary of Labor and Employment in granting the clearance to terminate
the employment of those who were instigators in the illegal strike is generally correct, as long as
there is evidence to support the finding that those individuals were indeed instigators of an illegal
strike.
42. During the conference before the Chairman of the National Labor Relations Commission, the
employer ABC Corporation agreed to reinstate the 1,500 employees and comply with the return-to-
work order issue by the DOLE Secretary. Is the compliance with the return-to-work order operate
as a waiver of the illegality of the strike? Is there a waiver of the illegality of a strike by the
employer?

Compliance with the return-to-work order does not necessarily operate as a waiver of the
illegality of the strike. The return-to-work order may be issued to normalize the situation and
prevent further disruptions, but it does not automatically absolve the strike of its illegal status.
43. ABC Corporation filed with the Regional Trial Court a complaint for damages with
preliminary mandatory injunction against the union, the main purpose of which is to dispense the
picketing of the members of the union. The RTC alleged that mere allegations of “employer-
employee relationship” and charges of “unfair labor practice” does not automatically deprive the
court of its jurisdiction.
(1) May the RTC assume jurisdiction over the case filed by ABC Corporation?
(2) Assuming that the strike was declared as illegal and regarded as acts not
arising from a labor dispute, may the RTC in the exercise of its jurisdiction
issue writ of injunction?

(1) The RTC may assume jurisdiction over the case filed by ABC Corporation, considering that
the allegations involve claims that may require legal remedies beyond labor issues. (2) If the
strike was declared illegal and not arising from a labor dispute, the RTC in the exercise of its
jurisdiction may issue a writ of injunction to dispel the picketing.
44. Are all controversies or money claims by an employees against the employer or vice-versa
within the exclusive jurisdiction of the Labor Arbiter?

 Not all controversies or money claims by an employee against the employer, or vice
versa, are within the exclusive jurisdiction of the Labor Arbiter. Only claims that are
intimately connected with the employer-employee relationship fall under the jurisdiction
of the Labor Arbiter.

45. Aligaga Labor Organization, the sole and exclusive bargaining representative of the rank-and-
files employees entered into a Collective Bargaining Agreement incorporating the terms and
conditions for compulsory retirement shall be 57 for females and 59 for males. The employees filed
an action with Regional Trial Court claiming that the CBA provision is discriminatory and hence
unconstitutional. The RTC issued a Temporary Restraining Order.
(1) Supposing that you are the lawyer for the employer, what action or actions available to
 protect the rights and interest of your client?
( 2) Can the RTC acquire jurisdiction over the action challenging the legality of the provisions
on the compulsory retirement age contained in the CBA?

(1) As the lawyer for the employer, you can file a motion to lift the Temporary Restraining Order
(TRO) and present arguments that the provision on compulsory retirement age in the CBA is
reasonable and valid, and that the CBA is a product of negotiation between the parties. (2) The
RTC can acquire jurisdiction over the action challenging the provisions on the compulsory
retirement age in the CBA, as the issue raised pertains to constitutional and contractual matters
that may require judicial review beyond labor law considerations.