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B. National Labor Relations Commission

1. EXCLUSIVE AND ORIGINAL JURISDICTION OF THE NLRC

1) Certified cases for compulsory arbitration – in relation to DOLE Secretary’s assumption of jurisdiction (Article 278 [263] (g), Labor Code)

2) Extraordinary remedies via a verified petition to annul or modify the order or resolution of the Labor Arbiter (Section 1, Rule XII, 2011 NLRC Rules of Procedure, as amended)

3) Petition for Injunction in labor cases (Article 225 [218] (e), Labor Code)

4) Contempt cases. (Article 225 [218] (d), Ibid.)

2. EXCLUSIVE APPELLATE JURISDICTION OF THE NLRC

1) Cases on monetary claims resolved/decided by the DOLE Regional Director, except those arising from the visitorial and enforcement powers of the DOLE Secretary (Article 129, Ibid.)

2) Cases decided by the Labor Arbiter (Section 1, Rule V, 2011 NLRC Rules of Procedure, as amended)

3) 3rd party claim – a third party may file a third-party claim with the sheriff of the Labor Arbiter, and if the third-party claim is denied, the third party may appeal the denial to the NLRC. (Yupangco Cotton Mills, Inc v. Mendoza, G.R. No. 139912, 31 March 2005)

3. EFFECTS OF PERFECTING AN APPEAL W/ THE NLRC

Without prejudice to immediate reinstatement pending appeal, once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. All pleadings and motions pertaining to the appealed case shall thereafter be addressed to and filed with the NLRC. (Section 9, Rule VI, 2011 NLRC Rules of Procedure, as amended)

The perfection of an appeal stays the execution of the decision of the Labor Arbiter, except execution for reinstatement pending appeal. (Section 3, Rule XI, Ibid.)

4. TECHNICAL RULES OF PROCEDURE NOT BINDING

The rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the NLRC shall use every and all reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law or procedure, all in the interest of due process. (Section 10, Rule VII, Ibid.)

5. FINAL AND EXECUTORY IN 10 DAYS

The decisions, resolutions or orders of the Commission shall become final and executory after ten (10) calendar days from receipt thereof by the counsel or authorized representative or the parties if not assisted by counsel or representative. (Section 14, Rule VII, Ibid.)

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