Admin Project Paper

8/2/2019 Admin Project Paper

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QUASI-JUDICIAL POWER

OF

DEPARTMENT OF LABOR AND

EMPLOYMENT (DOLE) PROVINCIAL OFFICE

OF THE

DAVAO DEL NORTE

Prepared by:

BUCU, D. J.

NERI, K. A.

CAEDA, C.

LETADA, B.

MATUTINO, L.

PAGLINAWAN, J.

VILLARICO, N.


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TABLE OF CONTENTS

I. OVERVIEW ..

3

II. BRIEF HISTORY OF DOLE-DAVAO DEL NORTE

PROVINCIAL OFFICE 4

III. ORGANIZATION CHART .. 5

IV. LEGAL BASIS . 6

Declaration of Policy as provided in

Section 3 of E.O. No. 126 6

Mandate and Objectives as provided in

Section 4 of E.O. No. 126 6

Powers and Functions as provided in E.O. 126 7

V. JURISDICTION 8

VI. RULES ON THE DISPOSITION OF

LABOR STANDARDS CASES 11

VII. SAMPLE OF AN ORDER ISSUED BY DOLE

PERTAINING TO A CASE FILED BEFORE IT 25


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I. OVERVIEW

The Department of Labor and Employment (DOLE) is the primary government agency

mandated to promote gainful employment opportunities, develop human resources, protect

workers and promote their welfare, and maintain industrial peace.

The DOLE started as a small bureau in 1908 under the Department of Commerce and

Police established by Act, No. 1868. It became a department on December 8, 1933 with the

passage of Act 4121. It stands as the national government agency mandated to formulate

policies, implement programs and services, and serve as the policy-coordinating arm of the

Executive Branch in the field of labor and employment.

The Department has exclusive authority in the administration and enforcement of labor

and employment laws and such other laws as specially assigned to it or to the Secretary of

Labor and Employment. In line with its administrative functions, DOLE exercises

investigatory powers, quasi-legislative powers and quasi-judicial powers through the Secretary

or his duly authorized representatives, Regional Directors or his duly authorized hearing

officers and to the other attached agencies.

To carry out its mandate, the Department has sixteen (16) regional offices attached to it

for policy and program supervision and/or coordination. Under Region XI, a provincial office

in Davao del Norte particularly on Tagum City headed by the provincial director was set-up as

one of the authorized hearing officer.


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II. BRIEF HISTORY OF DOLE-DAVAO DEL NORTE PROVINCIAL OFFICE

In 1975, a Provincial Employment Office was set-up under the defunct Bureau of

Employment Services in which the main function was job placement.

With the reorganization of the DOLE, two provincial offices in Region XI were created

in General Santos City and Tagum City in 1985. Its main function was on employment

facilitation.

In 2007, E.O. No. 366 was issued which provides:

SEC. 2. Strategic Review of Agency Operations and Organizations. All Department

Secretaries are hereby directed to take the lead in the conduct of a 'strategic review of

the operations and organization of all component units, including agencies attached to

or under the administrative supervision, of their respective Departments for purposes

of:

a. Focusing government efforts and resources on its vital/core services; and

b. Improving the quality and efficiency of government services delivery by

eliminating/minimizing overlaps and duplication, and improving agency

performance through the rationalization of service delivery and support

systems, and organization structure and staffing.

SEC. 3. Rationalization and Service Delivery Improvement Framework. The conduct of

the strategic review by the Department Secretaries of their respective operations and

organization shall be guided by the following framework:

a. Focus government efforts on the exercise of its fundamental functions of

establishing and providing the appropriate social, political and economic

environment within which development can prosper;


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b. Transform the bureaucracy into an effective and efficient institution for the

delivery of core public services; and

c. Ensure the long term sustainability of core government services through

resource mobilization and cost-effective public expenditure management.

Upon issuance of the above E.O. the DOLE-Provincial Office of Tagum was fully

decentralized discharging the functions of conducting inspection, hearing, deciding labor cases

and enforce writ of execution of orders and decisions.

III.ORGANIZATION CHART


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IV. LEGAL BASIS

The organization and functions of DOLE are in accordance with the provisions of

Executive No. 126, as amended, Presidential Decree No. 422 or the Labor Code of the

Philippines and other relevant and pertinent legislation.

Declaration of Policy as provided in Section 3 of E.O. No. 126

It is the declared policy of the State to afford protection to labor, promote full

employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the

relations between workers and employers. The State shall assure the rights of the workers to

self-organization, collective bargaining, security of tenure, and just and human conditions of

work.

Mandate and Objectives as provided in Section 4 of E.O. No. 126

The Ministry shall be the primary policy, programming, coordinating and

administrative entity of the Executive Branch of the government in the field of labor and

employment. It shall assume primary responsibility for:

(a) The promotion of gainful employment opportunities and the optimization of the

development and utilization of the country's manpower resources;

(b) The advancement of workers' welfare by providing for just and humane working

conditions and terms of employment;

(c) The maintenance of industrial peace by promoting harmonious, equitable, and stable

employment relations that assure equal protection for the rights of all concerned

parties.


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Powers and Functions as provided in E.O. 126

In pursuit of its mandate, the Ministry shall have the following powers and functions:

(a) Formulate and recommend policies, plans and programs for manpower

development, training, allocation, and utilization;

(b) Protect and promote the interest of every citizen desiring to work locally or

overseas by securing for him the most equitable terms and conditions of

employment, and by providing social and welfare services;

(c) Regulate the employment of aliens, including the establishment of a registration

and/or work permit system for such aliens;

(d) Formulate general guidelines concerning wage and income policy;

(e) Recommend necessary adjustments in wage structures with a view to developing a

wage system that is consistent with national economic and social development

plans;

(f) Provide for safe, decent, humane and improved working conditions and environment

for all workers, particularly women and young workers;

(g) Maintain harmonious, equitable and stable labor relations system that is supportive

of the national economic policies and programs;

(h) Uphold the right of workers and employers to organize and to promote free

collective bargaining as the foundation of the labor relations system;

(i) Provide and ensure the fair and expeditious settlement and disposition of labor and

industrial disputes through collective bargaining, grievance machinery, conciliation,

mediation, voluntary arbitration, compulsory arbitration as may be provided by law,

and other modes that may be voluntarily agreed upon by the parties concerned.

V. JURISDICTION


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The Regional Director or his duly authorized hearing officers, have jurisdiction to

enforce compliance with labor standards laws under the broad visitorial and enforcement

powers conferred by Article 128 of the Labor Code, and expanded by R.A. No. 7730, to wit:

Art. 128. Visitorial and Enforcement Power. -

(a) The Secretary of Labor and Employment or his duly authorized representatives,

including labor regulation officers, shall have access to employer's records and

premises at any time of the day or night whenever work is being undertaken

therein, and the right to copy there from, to question any employee and

investigate any fact, condition or matter which may be necessary to determine

violations or which may aid in the enforcement of this Code and of any labor

law, wage order or rules and regulations issued pursuant thereto.

(b) Notwithstanding the provisions of Articles 129 and 217 of this Code to the

contrary, and in cases where the relationship of employer-employee still exists,

the Secretary of Labor and Employment or his duly authorized representatives

shall have the power to issue compliance orders to give effect to the labor

standards provisions of this Code and other labor legislation based on the

findings of labor employment and enforcement officers or industrial safety

engineers made in the course of inspection. The Secretary or his duly

authorized representatives shall issue writs of execution to the appropriate

authority for the enforcement of their orders, except in cases where the

employer contests the findings of the labor employment and enforcement

officer and raises issues supported by documentary proofs which were not

considered in the course of inspection.

An order issued by the duly authorized representative of the Secretary of

Labor and Employment under this article may be appealed to the latter. In case

said order involves a monetary award, an appeal by the employer may be

perfected only upon the posting of a cash or surety bond issued by a reputable


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bonding company duly accredited by the Secretary of Labor and Employment

and Employment in the amount equivalent to the monetary award in the order

appealed from.

c) The Secretary of Labor may likewise order stoppage of work or suspension of

operations of any unit or department of an establishment when non-compliance

with the law or implementing rules and regulations poses grave and imminent

danger to the health and safety of workers in the workplace. Within twenty-four

hours, a hearing shall be conducted to determine whether an order for the

stoppage of work or suspension of operations shall be lifted or not. In case the

violation is attributable to the fault of the employer, he shall pay the employees

concerned their salaries or wages during the period of such stoppage of work or

suspension of operation.

(d) It shall be unlawful for any person or entity to obstruct, impede, delay or

otherwise render ineffective the orders of the Secretary of Labor or his duly

authorized representatives issued pursuant to the authority granted under this

Article, and no inferior court or entity shall issue temporary or permanent

injunction or restraining order or otherwise assume jurisdiction over any case

involving the enforcement orders issued in accordance with this Article.

(e) Any government employee found guilty of violation of, or abuse of authority

under this Article shall, after appropriate administrative investigation, be

subject to summary dismissal from the service.

(f) The Secretary of Labor may, by appropriate regulations require employers to

keep and maintain such employment records as may be necessary and of his

visitorial and enforcement powers under this Code.

Art. 129 of the Labor Code further provides jurisdiction of the Regional Director or any

of the duly authorized officers, to wit:

ART. 129. Recovery of wages, simple money claims and other benefits. - Upon

complaint of any interested party, the Regional Director of the Department of Labor and


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Employment or any of the duly authorized hearing officers of the Department is empowered,

through summary proceeding and after due notice, to hear and decide any matter involving the

recovery of wages and other monetary claims and benefits, including legal interest, owing to an

employee or person employed in domestic or household service or househelper under this

Code, arising from employer-employee relations: Provided, That such complaint does not

include a claim for reinstatement: Provided, further, That the aggregate money claims of each

employee or househelper do not exceed five thousand pesos (P5,000). The Regional Director

or hearing officer shall decide or resolve the complaint within thirty (30) calendar days from

the date of the filing of the same. Any sum thus recovered on behalf of any employee or

househelper pursuant to this Article shall be held in a special deposit account by, and shall be

paid, on order of the Secretary of Labor and Employment or the Regional Director directly to

the employee or househelper concerned. Any such sum not paid to the employee or

househelper, because he cannot be located after diligent and reasonable effort to locate him

within a period of three (3) years, shall be held as a special fund of the Department of Labor

and Employment to be used exclusively for the amelioration and benefit of workers.

Any decision or resolution of the Regional Director or hearing officer pursuant to this

provision may be appealed on the same grounds provided in Article 223 of this Code, within

five (5) calendar days from receipt of a copy of said decision or resolution, to the National

Labor Relations Commission which shall resolve the appeal within ten (10) calendar days from

the submission of the last pleading required or allowed under its rules.

The Secretary of Labor and Employment or his duly authorized representative may

supervise the payment of unpaid wages and other monetary claims and benefits, including legal

interest, found owing to any employee or househelper under this Code.

VI. RULES ON THE DISPOSITION OF LABOR STANDARDS CASES


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Pursuant to the provisions of Article 5 of the Presidential Decree No. 442, otherwise

known as the Labor Code of the Philippines, as amended, the following rules are hereby

promulgated to govern the enforcement of labor standards provisions in the Regional Offices

and the duly authorized hearing offices.

RULE I

TITLE CONSTRUCTION AND DEFINITION

Section 1.Title of the Rules. These rules shall be known as the "Rules on the Disposition of

Labor Standards Cases in the Regional Offices."

Section 2.Enforcement authority. The statutory basis of the authority of the Regional Offices

to administer and enforce labor standards is found in Article 128 (b) of the Labor Code, as

amended, which provides that:

The provisions of Article 217 of this Code to the contrary notwithstanding and in cases where

the relationship of employer-employee still exists, the Secretary of Labor and Employment or

his duly authorized representatives shall have the power to order and administer, after due

notice and hearing, compliance with the labor standards provisions of this Code and other labor

legislations based on the findings of labor regulations officers or industrial safety engineers

made in the course of inspection, and to issue writs of execution to the appropriate authority for

the enforcement of their orders, exception cases where the employer contests the findings of

the labor regulations officer and raises issues which cannot be resolved without considering

evidentiary matters that are not verifiable in the normal course of inspection.

Section 3.Authorized representatives of the Secretary of Labor and Employment. The

Regional Directors shall be the duly authorized representatives of the Secretary of Labor and

Employment in the administration and enforcement of labor standards within their respective

territorial jurisdictions.


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Section 4.Visitorial Power. The Regional Director or their authorized representatives, shall

have access to employers records and premises at any time of the day or night whenever work

is being undertaken therein, and the right to copy therefrom, to question any employee and

investigate any fact, condition or matter which may be necessary to determine violations or

may aid in the enforcement of the Labor Code and of any labor law, wage order or rules and

regulations issued pursuant thereto.

Section 5.Construction. In order to carry out the objectives of the Constitution and the Labor

Code and to aid the parties in arriving at a fair, just, expeditious and economical settlement of

labor disputes, these Rules shall liberally construed.

Section 6.Suppletory application of Rules of Court. In the absence of any applicable

provisions of the Rules of Court may be applied in a suppletory character.

Section 7.Labor Standards; definitions. As used in these Rules labor standards shall refer

to the Minimum requirements prescribed by existing laws, rules and regulations and other

issuances relating to wages, hours of work, cost of living allowances and other monetary and

welfare benefits, including those set by occupational safety and health standards.

RULE II

MONEY CLAIMS ARISING FROM COMPLAINT/ROUTINE INSPECTION

Section 1.Title and caption. The title and caption of complaints involving money claims

brought to the Regional Office arising from alleged violations of labor standards shall

substantially comply with the form prescribed by the Regional Office.

Section 2. Complaint inspection. All such complaints shall immediately be forwarded to the

Regional Director who shall refer the case to the appropriate unit in the Regional Office for

assignment to a Labor Standards and Welfare Officer(LSWO) for field inspection. When the

field inspection does not produce the desired results, the Regional Director shall summon the


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parties for summary investigation to expedite the disposition of the case. The investigation

shall be concluded within fifteen (15) calendar days from the date of the first hearing and a

proposed Order disposing of the case shall be submitted to the Regional Director within three

(3) calendar days from the conclusion of the investigation.

Section 3.Complaints where no employer-employee relationship actually exists. Where

employer-employee relationship no longer exists by reason of the fact that it has already been

severed, claims for payment of monetary benefits fall within the exclusive and original

jurisdiction of the labor arbiters. Accordingly, if on the face of the complaint, it can be

ascertained that employer-employee relationship no longer exists, the case, whether or not

accompanied by an allegations of illegal dismissal, shall immediately be endorsed by the

Regional Director to the appropriate Branch of the National Labor Relations Commission

(NLRC).

Section 4.Service of notices and orders. Notices and copies of orders shall be served on the

parties or their duly authorized representatives at their last known address or, if they are

represented by counsel, through the latter.

In the case of personal service, the process server shall submit his return within seventy-two

(72) hours from the date of service stating legibly in the return his name, the mode of service,

the names of the authorized persons served and the date of actual receipt of the document. If no

service was effected, the serving officer shall state in the return the reason therefor. The return

shall from part of the records of the case.

Section 5.Inspection report. Where the case is assigned to a LSWO for inspection, the latter

shall conduct the necessary investigation and submit a report thereof to the Regional Director,

through the Chief of the Labor Standards Enforcement Division (LSED), within twenty-four

(24) hours after the investigation or within a reasonable period as may determined by the

Regional Director. The report shall specify the violations discovered, if any, together with his

recommendation and computation of the amount due each worker.


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Section 6.Coverage of complaint inspection. A complaint inspection shall not be limited to

the specific allegations or violations raised by the complainants/workers but shall be a

thorough inquiry into and verification of the compliance by employer with existing labor

standards and shall cover all workers similarly situated.

Section 7.Restitution.

(a)Where the employer has agreed to make the necessary restitutions of violations

discovered in the course of inspection, such restitutions may be effected at the

plant-level within five (5) calendar days from receipt of the inspection results by

the employer or his authorized representative;

(b) Plant-level restitutions may be effected for money claims not exceeding Fifty

Thousand Pesos (P50,000.00).A report of the restitutions shall be immediately

submitted to the Regional Director for verification and confirmation. In case the

Regional Director finds that the restitutions effected at the plant-level are not in

order, he may direct the LSED Chief to check the correctness of the restitution

report;

(c) Restitutions in excess of the aforementioned amount shall be effected at the

Regional Office or at the worksite subject to the prior approval of the Regional

Director.

Section 8.Compromise Agreement. Should the parties arrive at an agreement as to the whole

or part of the dispute, said agreement shall reduced in writing and signed by the parties in the

presence of the Regional Director or his duly authorized representative.

Section 9.Unclaimed amount. The Regional Director shall hold in trust under a special

account in behalf of the workers. Any amount not claimed or collected by the workers a period


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of two (2) years from the time of restitution shall be held as s special fund of the Department of

Labor and Employment to be used exclusively in the administration and enforcement of labor

laws provided in Article 129 of the Labor Code.

Section 10.Follow-up inspection. After the employer has submitted proof of compliance with

reported violations, follow-up verification inspection shall forthwith be conducted if restitution

is effected in the absence of the of the LSWO.

Section 11.Hearing. Where no proof of compliance is submitted by the employer after seven

(7) calendar days from receipt of the inspection results, the Regional Director shall summon

the employer and the complainants to a summary investigation. In regular routine inspection

cases however, such investigation shall be conducted where no complete field investigation

shall be conducted where no complete field investigation can be made for reasons attributable

to the fault of the employer or his representatives, such as those but not limited to instances

when the field inspections are denied to instances when the field inspectors are denied access

to the premises, employment records, or workers, of the employer.

Section 12.Nature of proceedings. The proceedings before the Regional Office shall be

summary and non-litigious in nature. Subject to the requirements of due process, the

technicalities of law and procedure and the rules governing admissibility and sufficiency of

evidence obtaining in the courts of law shall not strictly apply thereto. The Regional Office

may, however, avail itself of all reasonable means to ascertain the facts or the controversy

speedily and objectively, including ocular inspection and examination of well informed

persons. Substantial evidence, whenever necessary shall be sufficient to support a decision or

order.

Section 13.Prohibited acts. It shall be unlawful for any person or entity to obstruct, impede,

delay or otherwise render ineffective the Order of the Secretary of Labor and Employment or

this duly authorized representatives issued pursuant to the authority granted under these Rules,


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and no inferior court or entity shall issue temporary or permanent injunction or restraining

order or otherwise assume jurisdiction over any case involving the enforcement orders issued

in accordance with these Rules.

The foregoing notwithstanding, the responsible party, be it the worker, union,

employer, or the authorized representative of any of the foregoing shall be subject to

administrative sanctions as determined by the Secretary or the Regional Director.

Section 14.Failure to appear. -Where the employer or the complainant fails or refuses to

appear during the investigation, despite proper notice, for two (2) consecutive hearings without

justifiable reasons, the hearing officer may recommend to the Regional Director the issuance of

a compliance order based on the evidence at hand or an order of dismissal of the complaint, as

the case may be.

Section 15.Postponement of hearing. The parties and their counsel or representative s

appearing before the Regional Office shall be prepared for continuous hearings. Postponements

shall be allowed only upon meritorious grounds and shall be limited to not more than two (2)

postponements but in no case to exceed a total of ten (10) calendar days. In the event of such

postponements, the Regional Office shall set two or more dates of hearing in advance.

Section 16.Records of proceedings. The proceedings before the Regional Office need not be

recorded by stenographers. The hearing officer shall, however, make a written summary of the

proceedings including the substance of the positions of the parties and the evidence presented

which shall for part of the records of the case. The written summary shall be signed by the

parties.

Section 17.Motion to dismiss. Any motion to dismiss a complaint on the grounds that the

Regional Office has no jurisdiction over the complaint or that the cause of action is barred by

prior judgment or prescription, shall be immediately acted upon by the Regional Director if the


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facts strongly indicate dismissal. Any motion to dismiss with no such indication shall disposed

of only in the final determination of the case on the merits.

Section 18.Compliance order. If the Regional Director finds after hearing that violations have

been committed, he shall issue an Order directing the employer to restitute other corrective

measures within ten (10) calendar days upon receipt of the Order and to submit proof of

compliance. The Order shall specify the amount due each worker and shall include the

computations on which the Order was based.

Section 19.Motion for reconsideration. The aggrieved party may file a motion for

reconsideration of the Order of the Regional Office within seven (7) calendar days from receipt

by him of a copy of said Order.

The Regional Director shall resolve the motion for reconsideration within ten (10)

calendar days from receipt thereof. A motion for reconsideration filed beyond the seven-day

reglementary period shall be treated as an appeal if filed within the ten-day reglementary

period shall be treated as an appeal if filed within the ten-day reglementary period for appeal,

but subject to the requirements for the perfection of an appeal.

No second motion for reconsideration shall be entertained in any case.

Section 20.Disposition of routine inspection cases. The disposition of regular inspection cases

shall substantially conform with the provisions of this Rules.

RULE III

ENDORSEMENT OF CASES TO THE NATIONAL LABOR RELATIONS COMMISSION

(NLRC)

Section 1.Contested cases.

(a) In cases where the employer contests the findings of the Labor Standards and

Welfare Officers and the issues cannot be resolved without considering evidentiary


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matters that are not verifiable in the normal course of inspection, the Regional

Director shall endorse such case to the appropriate Arbitration Branch of the

National Labor Relations Commission;

(b) The employer shall raise such objections during the hearing of the case or at any

time after receipt of the notice of inspection results. The issue of whether or not the

case shall be endorsed to the NLRC shall be resolved by the Regional Director in

the final disposition of the case.

Section 2.Labor Standards and Welfare Officers (LSWOs). As witnesses in the cases that

have been endorsed to the NLRC, the LSWOs who participated in the investigation shall make

themselves available as witnesses in the proceedings before the Labor Arbiters concerned.

RULE IV

APPEALS

Section 1.Appeal. The order of the Regional Director shall be final and executory unless

appealed to the Secretary of Labor and Employment within ten (10) calendar days from receipt

thereof.

Section 2.Grounds for appeal. The aggrieved party may appeal to the Secretary the Order of

the Regional Director on any of the following grounds:

(a) there is a prima facie evidence of abuse of discretion on the part of the Regional

Director;

(b) the Order was secured through fraud, coercion or graft and corruption;

(c) the appeal is made purely on questions of law; and

(d) serious errors in the findings of facts were committed which, if not corrected, would

cause grave irreparable damage or injury to the appellant.


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Section 3.Where to file. The appeal shall be filed in five (5) legibly typewritten copies with

the Regional Office which issued the Order. Subject to the immediately succeeding section, the

appeal shall not be deemed perfected if it was filed with any other office or entity.

Section 4. Requisites of appeal.

(a) The appeal shall be filed within the reglementary period as provide in Section 1 of

this Rule. It shall be under accompanied by a Memorandum of Appeal which shall

state the date appellant received the Order and the grounds relied upon arguments

in support thereof;

(b) The appellee may file with the Regional Office his reply or opposition to the appeal

within ten (10) calendar days from receipt thereof. Failure on the part of the

appellee to file his reply or opposition within the said period shall be construed as a

waiver on his part to file the same.

Section 5.Transmittal of records on appeal. Within three (3) calendar days after the filing of

the reply or opposition of the appellee or after the expiration of the period to file the same, the

entire records of the case, together with the Memorandum of Appeal, shall be transmitted by

the Regional Office concerned to the Office of the Secretary of Labor and Employment.

Section 6.Records of case. The records of the case shall contain, among others, a complete

narration of what transpired in the conference/hearing in the form of minutes including all

original pleadings, notices, proof of service of the decision or order and other papers which

shall all be consecutively numbered.Only records of cases on appeal, properly numbered with

complete minutes, shall be accepted by the Office of the Secretary of Labor and Employment.

Section 7.Frivolous/dilatory appeals. To discouragefrivolous or dilatory appeals, the

Secretary of Labor and Employment may impose a reasonable penalty, including fine or

censure, upon the erring parties.

RULE V


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EXECUTION

Section 1. Issuance of writ.

(a) If no appeal is perfected within the reglementary period as provided in Rule V of

these Rules, as evidenced by proofof service, the Regional Director shall, motu

proprio or upon proper motion by any interested party, issue the writ of execution

which shall be served by the Regional Sheriff.In the enforcement of the writ of

execution, the assistance of the law enforcement authorities may be sought;

(b) A writ of execution may be recalled subsequentto its issuance, if it is shown that an

appeal has been perfected in accordance with these Rules.

Section 2.Execution before perfection of appeal or pending appeal. - During the period of

appeal and before an appeal is perfected, or during the pendency of an appeal, execution may,

upon proper motion, also issue where it is shown that compliance with the order of the

Regional Director cannot be secured unless this is done.The writ may be stayed at the instance

of a losing party by the filing of a supersedeas bond in an amount which is adequate to protect

the interests of the prevailing party, subject to the approval of the Regional Director before the

perfection of the appeal, or Secretary of Labor and Employment during the pendency of the

appeal.

Section 3.Execution after motion for reconsideration. - Where a motion for Reconsideration of

the compliance order is filed ion accordance with Rule II of these Rules, the compliance order

shall be executory after ten (10) calendar days from receipt of the resolution of such Motion.

Section 4.Enforcement of writ. - In enforcing a writ of execution, the sheriff or other office

acting as such shall be guidedby the provisions of Rule 39 of the Rules of Court or the

Sheriffs Manual and may avail of such other means as may be necessary in the execution

thereof.


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Section 5.Finality of decisions of the Secretary of Labor and Employment. - The decisions,

orders or resolutions of the Secretary of Labor and Employment shall become final and

executory after ten (10) calendar days from receipt thereof.Within three (3) calendar days from

receipts of the records of the case, the Regional Director shall issue a writ of execution to

enforce the order or decision of the Secretary.

The filing of petition for certiorari beforethe Supreme Court shall not stay the execution

of the order or decision unless the aggrieved party secures a temporary restraining order from

the court within fifteen (15) calendar days from the date of finality of the order or decision or

posts a supersedeas bond in an amount which is adequate to protect the interests of the

prevailing party subject to the approval of the Secretary.

RULE VI

HEALTH AND SAFETY CASES

Section 1.Inspection report. -In occupational safety and health inspection, the LSWOshall

immediately or within twenty-four (24) hours after the inspection/investigation submit his

report to the Regional Director thru the LSED Chief specifying the violations discovered and

his recommendations, except when the submission of a report within the period cannot be

made for reasons beyond the control of the LSWO.

Section 2.Correction in imminent danger cases. - Where the employer is willing to make the

necessary rectification, the same may be effected at the plant-level within twenty-four (24)

hours in cases where the conditions obtaining in the workplace pose grave and imminent

dangerto the lives and health of the workers and/or property of the employer, e.g., boiler tube

leakage; defective safety valves; pressure gauges and water column; weak machinery

foundations; and other analogous circumstances.

Section 3.Non-imminent danger cases. - Where the conditions is not of the types falling under

Section 2 of this Rule, e.g., poor ventilation, housekeeping, inadequate personnel protective


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equipment and other analogous circumstances. the LSWO shall determine reasonable periods

of compliance depending on the gravity of the hazards needing corrections or the period

neededto come into compliance safety and health standards.

Section 4.Work Stoppage. -

(a) The LSWO shall include in his report recommendation for the issuance of an Order

of stoppage of work or suspension of operation of any unit or department or the

establishment if there is exist in the workplace a condition that poses grave and

imminent danger to the health and safety of the workers which cannot be

corrected.Even before he submits his recommendation to the Regional Director, the

LSWO shall notify and confer with the employer regarding the results of the

inspection and recommend the institution of remedial measures;

(b) The Regional Director may, upon the recommendation of the LSWO and the LSED

Chief, immediately issue the appropriate Order of stoppage or suspension of

operation together with the notice of hearing.

Section 5.Hearing. -Immediately or within twenty-four (24) hoursfrom the issuance of the

Order of stoppage of operation or suspension, a hearing shall be conducted with the assistance

of the LSWOconcerned to determine whether the Order for the stoppage of work or suspension

shall be lifted or not.The proceedings shall be terminated within seventy-two (72) hoursand

copy of such Order or resolution shall be immediately furnished the Secretary of Labor and

Employment.In case the violation is attributable to the fault of the employer, the latter shall pay

his workers all the monetary benefits to which they are entitled during the period of such

stoppage or suspension of work.

Section 6.Review by the Secretary. -

(a) The Secretary at his own initiative or upon therequest of the employer and/or

employee, may review the order of the Regional Director which shall be

immediately final and executory unless stayed by the Secretary upon posting by the


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employer of a reasonable cash or performance bond as fixed by the Regional

Director;

(b) In aid of his review power, the Secretary may direct the Bureau of Working

Conditions to evaluate the findings or order of the Regional Director.The Order of

the Secretary shall be final and executory.

Section 7.Other measures to secure compliance. - The Regional Director, in addition to

measures available to him to secure compliance with labor standards, particularly those

involving technical safety and general occupational safety standards, may furnish a copy of the

inspection findings to the insurance company of the employer, the power company, the

municipal authorities which issue business licenses/permits, the labor union in the enterprise

concerned, and to other government offices to further persuade voluntarily compliance with

existing labor standards.

RULES VII

GENERAL PROVISIONS

Section 1.Final compliance order. - Where a compliance order issued by a Regional Director

on a case has become final, no entity or official of the Department shall entertain or re-open

such case for the purposeof re-litigating the same case.

Section 2.Repeal of prior inconsistent issuances. - The provisions of existing rules, regulations,

policy instructions, and other issuances which are inconsistent with these Rules are hereby

repealed or amended accordingly.


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Section 3.Effectivity. - These Rules shall take effect fifteen (15) days after announcement of

their adoption in newspapers of general circulation.

VII. SAMPLE OF AN ORDER ISSUED BY DOLE PERTAINING TO A

CASE FILED BEFORE IT

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

Regional Office No. XI

Davao City

Kimerald D. Chuy, Case No.


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Complainant, R1102-1234-CS-

123

-versus-

ABC Company/Mr. John D. Morales

Respondent.

X----------------------------------------------------X

O R D E R

This refers to the complaint inspection at the above-named establishment on August 23,

2010, where the following violations of general labor standards and occupational and safety

were noted:

Underpayment of minimum wage

Non-payment of 13th month pay

Non-payment of Regular Holiday

Non-presentation of records

No Safety Registration

On August 17, 2010 a Notice of Inspection Results (NIR) was left at the residence of

respondent, Mr. John D. Morales with one Ms. Sarah G. Anderson who refused to

acknowledge receipt of NIR. The inspection was conducted by Sr. Labor and Employment

Officer, Mr. Ceejay B. Crown. Based on the said Notice, respondent was to present pertinent

records to the Department of Labor and Employment, Regional Office XI, Davao del Norte

Provincial Office, 2nd floor Gementiza Building, corner Osmea-Arellano Streets, Tagum City,

on August 23, 2010. Respondent failed to appear. The NIR was sent through registered mail on

August 23, 2010 to respondent. A computation based on the affidavit was prepared and

summarized as follows:


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Salary differential

Regular Holiday pay

13th Month Pay

P 53,274.00

7,403.00

11,854.91

TOTAL P 72,531.91

The above computation was subject to contest by respondent on the scheduled dates of

hearing.

On September 13, 2010 summons was issued for a summary hearing scheduled on

September 27, 2010, and for respondent to bring with him pertinent documentary evidence and

other employment records in support of his position. Said documents was served on

September, 16, 2010 at the residence of respondent, a copy of which was left with a companion

in the house who refused to give her name and to affix her signature for the record. Another

date was noted below the said summons, indicating that after the first scheduled date of

hearing, another hearing is set on October 4, 2010.

On the date of the scheduled hearing on September 27, 2010, respondent failed to

\appear. On October 4, 2010, respondent failed to appear. Another summons was issued on

October 4, 2010 ordering the parties to appear for hearing scheduled on October 11, 2010 and

October 18, 2010. A copy of the said summons was given on October 6, 2010 to the driver of

the respondent but he refused to sign in the Received Copy portion of the summons for the

record.

On the day of the scheduled hearing on October 11, 2010, respondent failed to appear.

On October 18, 2010, respondent again failed to appear. Clearly, respondent willfully

disregarded the processes of this Office, tantamount to a waiver of her right to consent the

claims of the complainant.

WHEREFORE, premise considered, respondent, Mr. John D. Morales, is hereby

ordered to pay Kimerald D. Chuy, the amount of SEVENTY TWO THOUSAND FIVE

HUNDRED THIRTY ONE AND 91/100 (P 72,531.91) PESOS within ten (10) days from


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receipt hereof, pursuant to Art. 282 of the Labor Code of the Philippines. Likewise, respondent

is hereby ordered to comply with Rule 1020 of the Occupational Health and Safety Standards.

Let a writ of execution be issued upon finality of this Order.

SO ORDERED.

Davao City, Philippines, April 6, 2011.

(SGD.) JESSIE M. JAY

Regional Director

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