WHEREAS, pursuant to Article 225 [218], paragraph (a) of the Labor Code of the Philippines, as amended, the National Labor Relations Commission, sitting en banc, is vested with the power and authority to promulgate rules and regulations governing the hearing and disposition of cases before it and its Regional Arbitration Branches, those pertaining to its internal functions, as well as such rules and regulations as may be necessary to carry out the purposes of the said Code;
WHEREAS, pursuant to Administrative Order Nos. 07-03 (Series of 2025) and 07-03-A (Series of 2025), issued on 18 July 2025, the Committee on the Revision of the 2011 NLRC Rules of Procedure was created and directed to submit its report/recommendation for amendments to the 2011 NLRC Rules of Procedure, as it considers necessary, for discussion and approval during sessions en banc;
WHEREAS, on 13-14 December 2023, 25 January 2024, 02 to 03 July 2025, 23 to 26 September 2025, 25 to 26 November 2025 and 01 December 2025, the Commission en banc, pursuant to its statutory mandate to provide a fair, speedy, and equitable disposition of labor cases at the least possible cost, revisited the 2011 NLRC Rules of Procedure, as amended;
WHEREAS, on even dates, the Commission en banc approved the new provisions and amendments to the 2011 NLRC Rules of Procedure, as amended;
WHEREFORE, RESOLVED, AS IT IS HEREBY RESOLVED, that the 2011 NLRC Rules of Procedure is amended and shall be known as "THE 2025 NLRC RULES OF PROCEDURE", to read as follows:
Pursuant to the provisions of Article 225 [218] of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended, the following Revised Rules of Procedure governing the hearing and disposition of cases before the Commission and its Regional Arbitration Branches are hereby adopted and promulgated:
These Rules shall be known as "The 2025 NLRC Rules of Procedure".
These Rules shall be liberally construed to carry out the objectives of the Constitution, the Labor Code of the Philippines, as amended, and other relevant legislation, and to assist the parties in obtaining just, expeditious and inexpensive resolution and settlement of labor disputes.
In the absence of any applicable provision in these Rules, and in order to effectuate the objectives of the Labor Code of the Philippines, as amended, the pertinent provisions of the Rules of Court of the Philippines, as amended, in the interest of the expeditious dispensation of labor justice and whenever practicable and convenient, may be applied by analogy or in a suppletory character and effect.
The terms and phrases defined in Article 219 [212] of the Labor Code of the Philippines, as amended, shall be given the same meanings when used herein. As used herein, "Regional Arbitration Branch" shall mean any of the regional arbitration branches or sub-regional arbitration branches of the Commission.
(a) A complaint or petition is a pleading alleging the cause or causes of action of the complainant or petitioner. The names and addresses of all complainants or petitioners and respondents must be stated in the complaint or petition. All complainants or petitioners shall sign the complaint or petition, and shall execute a verification and certification of non-forum shopping.
(b) A party having more than one cause of action against the other party, arising from the same relationship, shall include all of them in one complaint or petition.
In all cases filed with the Regional Arbitration Branches or the Commission, the party initiating the action shall be called the "Complainant" or "Petitioner," and the opposing party the "Respondent".
The full names of all the real parties-in-interest, whether natural persons or juridical entities authorized by law, shall be stated in the caption of the complaint or petition, as well as in the decisions, resolutions, awards or orders of the Labor Arbiter or of the Commission.
Filing is the act of submitting the pleading or any other paper to the appropriate docketing unit of the Regional Arbitration Branch or the Commission, as the case may be.
Service is the act of providing the opposing party with a copy of the pleading or any other paper.
Filing and service of pleadings shall be proved by the following: (a) For personal filing and service – the written or stamped acknowledgment of the party served, the Regional Arbitration Branch or the Commission, as the case may be; or the return of the server, containing a statement of the date, place, and manner of service; (b) For registered mail – the registry receipt issued by the mailing office; and (c) For courier service – the courier's official receipt or tracking document.
In the event that a pleading is filed through registered mail or courier authorized by the Commission, the date of mailing shall be considered as the date of filing thereof.
No pleading or any other paper shall be given due course without proof of service to the opposing party, except if filed simultaneously during the scheduled setting before the Labor Arbiter.
(a) Service of notices and copies of resolutions or orders to parties shall be made: (i) personally, by the bailiff or duly authorized public officer within three (3) working days from receipt thereof; (ii) by registered mail; or (iii) by courier authorized by the Commission.
(b) Regarding decisions and final awards, copies thereof shall be served on both parties and their counsel or authorized representative in the same manner as provided above. Where parties are numerous, service shall be made on counsel and upon such number of complainants as may be practicable, and the same shall be considered substantial compliance with Article 230 [224] (a) of the Labor Code, as amended.
(c) Where a party to a case or the counsel of record personally seeks service of the notice, resolution, order or decision upon inquiry thereon, and was given a copy thereof, service to said party shall be deemed effected, without prejudice to proof of prior service.
(d) The bailiff or duly authorized officer shall submit the return within two (2) working days from the date of service, stating legibly in the return the server's name, the name/s of the person/s served, and the date of receipt.
(e) In case of service by registered mail or by courier authorized by the Commission, the name of the addressee and the corresponding date of receipt of the notice and copies of decisions, resolutions, awards or orders shall be written in the return card or in the proof of service issued by the authorized courier. If no service was effected, the reason thereof shall be so stated.
(f) Proof of service shall be established through any of the following: (i) For personal service – the written or stamped acknowledgment of the party served or the return of the server; (ii) For registered mail – the registry receipt; and (iii) For authorized courier service – the courier's official receipt or tracking document.
Personal service is complete upon actual delivery. Service by registered mail is complete upon receipt by the addressee, or after five (5) calendar days from the date of receipt of the first notice of the postmaster, whichever date is earlier. Service by courier authorized by the Commission is complete upon receipt by the addressee, or after two (2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the first attempt to deliver, whichever is earlier.
(a) A lawyer appearing before the NLRC shall, at all times, respect the law, the institution, its officials, employees, and processes, and act with courtesy, civility, fairness and candor.
A lawyer shall not delegate to or permit a non-lawyer, including a paralegal personality, to: (i) accept cases on behalf of the said lawyer; (ii) give legal advice or opinion; (iii) act independently without the lawyer's supervision or direction; (iv) hold himself/herself out as a lawyer; (v) appear before the NLRC or actively participate in formal legal proceedings on behalf of a client, except when allowed by the law or rules; (vi) conduct negotiations with third parties unless under a lawyer's supervision or direction; (vii) sign correspondence containing a legal opinion; or (viii) perform any of the duties that only lawyers may undertake.
A lawyer shall not share, split or divide or stipulate to divide, directly or indirectly, a fee for legal services with persons or organizations not licensed or authorized to practice law.
(b) A lawyer appearing for a party is presumed to be properly authorized for that purpose. In every case, the lawyer shall indicate in the pleadings and motions the Attorney's Roll Number, as well as the details of the attorney's current professional tax receipt, membership in the Integrated Bar of the Philippines (IBP) and compliance with the Mandatory Continuing Legal Education.
(c) Non-lawyers may appear before a Labor Arbiter or the Commission only under the following conditions: (1) If they represent themselves; (2) If they represent their legitimate labor organization, provided they submit BLR/DOLE certification, verified secretary's certification, and board resolution; (3) If they represent a member of a legitimate labor organization existing within the employer's establishment; and (4) If they are authorized under any legal aid program certified by the Supreme Court or the IBP.
(d) An appearance by a non-lawyer in contravention of this Section shall not be recognized in any proceedings, without prejudice to contempt, civil, criminal, and administrative complaints. Non-lawyers so appearing shall not be entitled to attorney's fees or any contingency fees.
(e) Appearances may be made orally or in writing. In both cases, the complete name and postal address (not a post office box address) of counsel or the authorized representative shall be made of record.
(f) In case of change of address, the party, counsel or authorized representative shall file a notice of such change, and shall furnish the adverse party and counsel a copy thereof.
(g) Any change or withdrawal of counsel or authorized representative shall be made in accordance with the Rules of Court, as amended.
(h) A corporation or entity which is a party to the case may be represented by the owner or its president or any other authorized person upon submission of: (i) a verified certification attesting to such authority; and (ii) a copy of the resolution of the board of directors granting such authority.
The counsel or other authorized representative of party/ies shall have the authority to bind the party/ies they represent in all matters of procedure; but they cannot enter into a compromise agreement with the opposing party in full or partial discharge of a client's claim, without a specific authority for such purpose.
(a) All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch having jurisdiction over the workplace or residence of the complainant, at the option of the latter.
(b) For this purpose, workplace shall include: where the employee is assigned; where the employee is supposed to report back after a temporary detail, assignment, or travel; where field employees, mobile, ambulant, intermittent or itinerant workers are assigned, or where they are supposed to regularly receive their salaries/wages or work instructions and report the results of their assignment; and the alternative workplace of telecommuting workers, or those under other similar work arrangements.
(c) Where a complaint or petition is cognizable by two or more Regional Arbitration Branches, the Regional Arbitration Branch where the complaint or petition was first filed shall exclude the others.
(d) When venue is not objected to on or before the first scheduled mandatory conference, such issue shall be deemed waived.
(e) The venue of an action may be changed or transferred to a different Regional Arbitration Branch upon motion by any party in meritorious cases or upon written agreement of the parties, and when the Labor Arbiter before whom the case is pending so orders.
(f) Cases involving Overseas Filipino Workers may be filed before the Regional Arbitration Branch where the complainant resides or where the principal office of any of the respondents is situated, at the option of the complainant.
(g) The venue for an independent action for revival of judgment shall be governed by Section 3(c) of Rule XI of these Rules.
(a) All complaints and petitions filed with the docket unit of the Regional Arbitration Branch shall be immediately raffled off and assigned to a Labor Arbiter from receipt thereof.
(b) Unless simultaneous filing is required, pleadings and motions filed subsequent to the complaint or petition shall be transmitted to the Labor Arbiter before whom the case is pending within twenty-four (24) hours from receipt thereof.
Where there are two or more complaints and cases pending before different Labor Arbiters in the same Regional Arbitration Branch involving the same employer and common principal causes of action, or the same parties with different causes of action, the subsequent complaints and cases shall be consolidated with the first to avoid unnecessary costs or delay.
If there is an objection to the consolidation, the same shall be immediately resolved by the Executive Labor Arbiter. An order resolving a motion or objection to consolidation shall be unappealable.
Subject to the provisions of Article 278 [263] (g) of the Labor Code of the Philippines, as amended, when a case is assigned to a Labor Arbiter, it shall include the entire case and any or all incidents thereto, and the same shall be disposed of in the same proceedings to avoid multiplicity of suits or proceedings.
Pursuant to Section 3(b) of Rule VIII of this Rules, when the Secretary of the DOLE assumes jurisdiction over a strike or lockout or certifies the same to the Commission, the parties to the said dispute shall immediately inform the Secretary or the Commission, as the case may be, of all cases related to any dispute between them pending before any Regional Arbitration Branch. The parties shall also inform the Labor Arbiters handling the same of such assumption or certification. Within two (2) working days from notice, the Labor Arbiter concerned shall transmit the entire record/s of the case/s to the Secretary or to the Commission, as the case may be, for proper disposition.
Labor Arbiters shall exercise original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non-agricultural: (a) Unfair labor practice cases; (b) Termination disputes; (c) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; (d) Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations; (e) Cases arising from any violation of Article 279 [264] of the Labor Code, as amended, including questions involving the legality of strikes and lockouts; (f) All other claims arising from employer-employee relations involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied by a claim for reinstatement, except claims for employees compensation, social security and maternity benefits; (g) Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6727; (h) Issues involving non-compliance with compromise agreements or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation or coercion; (i) Money claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages as provided in Section 10 of Republic Act No. 8042, as amended by Republic Act Nos. 10022 and 12021; and (j) Other cases as may be provided by law.
Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration, as may be provided in said agreements.
The proceedings before the Labor Arbiter shall be non-litigious in nature. Subject to the requirements of due process, the technicalities of law and procedure, and the rules obtaining in the courts of law shall not strictly apply thereto. The Labor Arbiter may avail of all reasonable means to ascertain the facts of the controversy speedily, including ocular inspection and examination of well-informed persons.
Within two (2) working days from receipt of a complaint or amended complaint, the Labor Arbiter shall issue the required summons, attaching thereto a copy of the complaint or amended complaint, and its annexes, if there be any.
The summons shall specify the date, time and place of the mandatory conciliation and mediation conference in two (2) settings.
(a) Summons shall be served upon the respondent/s: (i) Personally, by the bailiff or by a duly authorized public officer within three (3) working days from receipt thereof; (ii) By registered mail; or (iii) By courier authorized by the Commission.
(b) Such service may be effected: (i) by handing a copy of the summons to the respondent/s in person, or upon refusal, by leaving a copy after such refusal; (ii) by leaving a copy at the respondent/s' residence to a person of at least eighteen (18) years of age and of sufficient discretion residing therein; (iii) by leaving a copy at the respondent/s' regular/registered office or place of business with a competent person in charge thereof; or (iv) by leaving a copy with any of the officers of the homeowners' association or condominium corporation, or a security officer in charge of the community or the building, if entry is refused.
The bailiff or officer serving the summons shall submit a return within two (2) working days from date of service thereof.
(c) Where the summons is improperly served and a lawyer makes a special appearance to question the validity of the service of summons, the Labor Arbiter shall issue an order deputizing the said counsel to serve the summons upon the respondent/s.
The following pleadings and motions shall neither be given due course nor elevated to the Commission: (a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, improper venue, res judicata, prescription and forum shopping; (b) Motion for a bill of particulars; (c) Motion for new trial; (d) Petition for relief from judgment; (e) Motion to declare respondent in default; (f) Motion for reconsideration of any decision or any order of the Labor Arbiter; (g) Motion to Quash and/or Motion to Lift Garnishment if a Petition had been filed under Rule XII; (h) Appeal from any interlocutory order of the Labor Arbiter; (i) Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter; (j) Appeal from orders issued by the Labor Arbiter in the course of execution proceedings; and (k) Such other pleadings, motions and petitions of similar nature intended to circumvent this Section.
On or before the date set for the mandatory conciliation and mediation conference, the respondent/s may file a motion to dismiss on the ground/s provided under Section 5(a) of this Rule. Such motion shall be acted upon by the Labor Arbiter before the issuance of an order requiring the submission of position papers. An order denying the motion to dismiss, or suspending its resolution until the final determination of the case, is not appealable.
A motion to dismiss filed after the lapse of the period provided in Section 6 hereof shall not be given due course.
(a) The mandatory conciliation and mediation conference shall be called for the purpose of amicably settling the case under a fair compromise agreement. The Labor Arbiter shall personally preside over and take full control of the proceedings.
(b) Conciliation and mediation efforts shall be exerted all throughout the mandatory conferences. Any agreement entered into by the parties, whether in partial or full settlement of the dispute, shall be reduced to writing and signed by the parties and their counsel or the parties' authorized representatives, if there be any.
(c) In any case, the compromise agreement shall be approved by the Labor Arbiter, if after explaining to the parties, particularly to the complainant/s, the terms, conditions and consequences thereof, and satisfied that they understand the agreement, that the same was entered into freely and voluntarily by them, and that it is not contrary to law, morals, and public policy.
(d) A compromise agreement duly entered into in accordance with this Section shall be final and binding upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter.
(e) If the parties fail to agree on an amicable settlement, either in whole or in part, the Labor Arbiter shall proceed to: (i) determine the real parties-in-interest; (ii) determine the necessity of amending the complaint; (iii) define and simplify the issues in the case; (iv) encourage them to enter into admissions or stipulations of facts; and (v) thresh out all other preliminary matters.
(f) The mandatory conciliation and mediation conference shall, except for justifiable grounds, be terminated within thirty (30) calendar days from the date of the first conference.
(g) No motion for postponement shall be given due course, except on meritorious grounds and when filed at least three (3) calendar days before the scheduled hearing.
(a) The non-appearance of the complainant or petitioner during the two (2) settings for mandatory conciliation and mediation conference as stated in the summons, despite due notice thereof, shall be a ground for the dismissal of the case without prejudice. Dismissal of the case for the second time due to the unjustified non-appearance of the complainant or petitioner who was duly notified thereof shall be with prejudice.
(b) In case of non-appearance by the respondent during the first scheduled mandatory conciliation and mediation conference, the second conference as stated in the summons shall proceed. The failure of the respondent to appear at the second conference despite being duly served with summons shall be deemed a waiver of the right to file position paper. In such an eventuality, the Labor Arbiter shall immediately terminate the mandatory conciliation and mediation conference, and direct the complainant or petitioner to file their respective verified position papers and submit evidence in support of their respective causes of action, and thereupon, render decision on the basis of the evidence on record.
A complaint or petition may be amended at any time before the filing of the position paper or answer, as the case may be.
After the filing of position paper or answer, no amendment shall be allowed, unless with leave of the Labor Arbiter or of the Commission.
If the amendment of the complaint or petition involves impleading additional respondent/s, service of another summons in accordance with Section 3 hereof is necessary to acquire jurisdiction over the person of the said respondent/s.
Amendment involving causes of action shall only be effected upon proof of service of a copy of the amended complaint or petition to the opposing party/ies.
(a) Subject to Sections 9 and 10 of this Rule, the Labor Arbiter shall direct the parties to submit simultaneously their verified position papers with supporting documents and affidavits, if any, on a date set by him/her within ten (10) calendar days from the date of termination of the mandatory conciliation and mediation conference.
(b) The position papers of the parties shall cover only those claims and causes of action stated in the complaint or amended complaint, accompanied by all supporting documents, including the affidavits of witnesses, which shall take the place of their direct testimony, excluding those that may have been amicably settled.
(c) Within ten (10) calendar days from receipt of the position paper of the adverse party, a reply may be filed on a date agreed upon and during a schedule set before the Labor Arbiter. The reply shall not allege and/or prove facts and any cause or causes of action not referred to or included in the original or amended complaint or petition or raised in the position paper.
(a) If the complainant fails to file position paper while the respondent files the same, the complaint may be dismissed without prejudice, unless declared otherwise by the Labor Arbiter.
(b) If the complainant, in a second complaint filed against the same respondent and involving the same cause/s of action, again fails to file a position paper notwithstanding the absence of any position paper from the respondent, the complaint shall be dismissed with prejudice.
(c) If the respondent fails to file a position paper, such failure shall be deemed a waiver of the right to submit the same, and the Labor Arbiter shall render decision on the basis of the evidence on record.
Immediately after the submission by the parties of their position paper or reply, as the case may be, the Labor Arbiter shall, motu proprio, determine whether there is a need for a hearing or clarificatory conference. To further elicit facts or information, the Labor Arbiter may ask clarificatory questions and/or issue subpoena.
(a) The Labor Arbiter shall take full control and personally conduct the hearing or clarificatory conference and may ask questions for the purpose of clarifying points of law or facts involved in the case. The Labor Arbiter may allow the presentation of testimonial evidence with an opportunity for cross-examination by the opposing party and shall limit the presentation of evidence to matters relevant to the issue/s and necessary for a just and speedy disposition of the case.
(b) The Labor Arbiter shall make a written summary of the proceedings, including the substance of the evidence presented, in consultation with the parties. The written summary shall be signed by the parties and their counsel and authorized representatives, and shall form part of the record.
(a) The parties and their counsel appearing before the Labor Arbiter shall be prepared for continuous hearing or clarificatory conference. No postponement or continuance shall be allowed, except upon meritorious grounds and subject to the requirement on the expeditious disposition of cases. The hearing or clarificatory conference shall be terminated within thirty (30) calendar days from the date of the initial clarificatory conference.
(b) In case of non-appearance of any of the parties during the hearing or clarificatory conference despite due notice, proceedings shall be conducted ex parte. Thereafter, the case shall be deemed submitted for decision.
(c) Paragraph (a) of this Section notwithstanding, in cases involving overseas Filipino workers, the aggregate period for conducting the mandatory conciliation and mediation conference, including hearing or clarificatory conference, shall not exceed sixty (60) calendar days, which shall be reckoned from the date of acquisition of jurisdiction by the Labor Arbiter over the person of the respondent/s.
Upon the submission by the parties of their position papers or replies, or the lapse of the period to submit the same, the case shall be deemed submitted for decision unless the Labor Arbiter calls for a hearing or clarificatory conference in accordance with Sections 13 and 14(a) of this Rule, in which case, notice of hearing or clarificatory conference shall be immediately sent to the parties. Once the said hearing or clarificatory conference is terminated, the case is deemed submitted for decision.
No Labor Arbiter shall sit in any case in which he/she is pecuniarily interested as heir, legatee, creditor or otherwise, or is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the Civil Code, or in which he/she has been an executor, administrator, guardian, trustee or counsel, without the written consent of all parties-in-interest, signed by them and entered in the record.
A Labor Arbiter may, in the exercise of sound discretion or upon motion of a party, inhibit from further participation in a case, for just or valid reasons other than those mentioned above. Such motion shall be resolved within five (5) working days from the filing thereof.
In any case, the Labor Arbiter shall state in writing the legal justifications for the inhibition. An order denying or granting a motion for inhibition is unappealable.
The Labor Arbiter shall render decision within thirty (30) calendar days, without extension, after the submission of the case by the parties for decision, even in the absence of stenographic notes: Provided, however, that cases involving overseas Filipino workers shall be decided within ninety (90) calendar days after the filing of the complaint.
The decisions and orders of the Labor Arbiter shall be clear and concise, and shall include a statement of the: (a) facts of the case; (b) issues involved; (c) applicable laws or rules; (d) conclusions and the reasons thereof; and (e) specific remedy or relief granted.
In cases involving monetary awards, the decisions or orders of the Labor Arbiter shall state the amount awarded.
In case the decision of the Labor Arbiter includes an order of reinstatement, it shall likewise contain: (a) a statement that the reinstatement aspect is immediately executory; and (b) a directive for the employer to submit a report of compliance within ten (10) calendar days from receipt of the said decision.
In case any of the parties dies during the pendency of the proceedings, such party may be substituted by the heirs. Enforcement of a final and executory judgment obtained by any of the parties shall be in accordance with Section 12, Rule XI of these Rules.
(a) If no appeal is filed with the Regional Arbitration Branch of origin within the time provided under Article 229 [223] of the Labor Code, as amended, and Section 1, Rule VI of these Rules, the decision or order of the Labor Arbiter shall become final and executory after ten (10) calendar days from receipt thereof by the counsel or authorized representative, or the parties if the latter are not assisted by counsel or authorized representative.
(b) Certificate of Finality. — Upon expiration of the period provided in paragraph (a) of this Section, the Labor Arbiter shall issue a certificate of finality.
In the absence of return cards, certifications from the post office or courier authorized by the Commission, or other proofs of service to the parties, the Labor Arbiter may issue a certificate of finality after sixty (60) calendar days from the date of mailing.
A party may file a motion to revive or re-open a case dismissed without prejudice, within ten (10) calendar days from receipt of notice of the order dismissing the same; otherwise, the only remedy shall be to re-file the case.
A party declared to have waived the right to file position paper may, at any time after notice thereof and before the case is submitted for decision, file a motion under oath to set aside the order of waiver upon proper showing that the failure was due to justifiable and meritorious grounds.
Decisions, resolutions, awards or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof; and in case of decisions, resolutions, awards or orders of the Regional Director of the DOLE pursuant to Article 129 of the Labor Code, as amended, within five (5) calendar days from receipt thereof. If the tenth or fifth day, as the case may be, falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday.
No motion or request for extension of the period within which to perfect an appeal shall be given due course.
The appeal will be given due course only on any of the following grounds: (a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or DOLE Regional Director; (b) If the decision, resolution, award or order was secured through fraud or coercion, including graft and corruption; (c) If the decision, resolution, award or order is based purely on questions of law; or (d) If serious errors in the findings of facts are raised which, if not corrected, will cause grave or irreparable damage, prejudice or injury to the appellant/s.
The Appeal shall be deemed perfected only upon compliance with the following requirements: (a) Filed within the reglementary period; (b) Verified in accordance with the Rules of Court; (c) In the form of a Memorandum of Appeal stating the grounds, arguments, specific reliefs prayed for, and a statement of material dates; and (d) The Memorandum of Appeal and attachments shall be filed in two (2) copies, accompanied by: (i) Proof of payment of appeal fee, legal research fee and other lawful fees; (ii) An appeal bond as provided under this Rule; and (iii) Proof of service on the other party/ies.
Non-compliance with any of the requisites stated in Section 3 above shall result in the dismissal of the appeal for non-perfection.
A mere Notice of Appeal without complying with the requisites stated in Section 3 shall not stop the running of the period for perfecting an appeal.
The appeal shall be filed only with the Regional Arbitration Branch or DOLE Regional Office of origin. Otherwise, the same shall not stop the running of the period for perfecting an appeal.
The appellee/s may file with the Regional Arbitration Branch or DOLE Regional Office where the appeal was filed an Answer/Reply or Opposition to the Memorandum of Appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee/s who was/were properly furnished with a copy of the appeal to file an answer/reply or opposition within the said period may be construed as a waiver to file the same.
Subject to the provisions of Article 225 of the Labor Code of the Philippines, as amended, once the appeal is perfected, the Commission shall limit itself to resolving only the specific issues elevated on appeal.
The appellant/s shall pay the appeal fee, legal research fee, and other lawful fees, to the Regional Arbitration Branch or DOLE Regional Office of origin, or through the banking institution/s duly authorized by the NLRC to receive such payment. Payment of fees under this Rule shall be made in cash, postal money order, certified checks or manager's or cashier's checks payable to the NLRC.
Where the judgment of the Labor Arbiter or the DOLE Regional Director involves a monetary award, an appeal therefrom by the employer shall include an appeal bond duly posted, which shall be in the form of a cash deposit or a surety bond equivalent to the total monetary award, exclusive of damages and attorney's fees.
No motion to reduce bond shall be given due course except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award.
The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraph shall not stop the running of the period for perfecting an appeal.
The appellant/s may post the bond in cash with the Regional Arbitration Branch or DOLE Regional Office of origin, or through any of the banking institution/s duly authorized by the NLRC to receive the same.
The surety bond shall be issued by a reputable bonding company duly accredited by the NLRC, and shall be accompanied by original or certified true copies of the following: (a) A joint declaration under oath by the employer, counsel and the bonding company attesting that the bond posted is genuine and shall be valid and effective from the date of posting until the Commission shall have finally decided, resolved or terminated the appeal, or the award shall have been satisfied; (b) A notarized board resolution or corporate secretary's certificate from the bonding company showing its authorized signatories and their specimen signatures.
Moreover, the appellant/s shall furnish the appellee/s a certified true copy of the surety bond accompanied by the aforementioned supporting documents.
The cash or surety bond shall be valid and shall take effect from the date of posting, until the case is finally decided, resolved or terminated, or the award is satisfied.
In the event that the appeal is withdrawn or is dismissed for non-perfection or other analogous causes, the cash or surety bond shall remain liable. The appellee/s shall be entitled to proceed against the same to satisfy the judgment award.
Without prejudice to immediate reinstatement of the employee/s pending appeal under Section 3 of Rule XI, once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. Subject to Section 6 of this Rule, all pleadings and motions pertaining to the appeal shall, thereafter, be addressed to and filed with the Commission.
No appeal from an interlocutory order issued by a Labor Arbiter shall be given due course.
To discourage frivolous or dilatory appeals, the Commission, after hearing, may censure or cite in contempt the erring parties and their counsel, or where appropriate, impose a fine on them.
Within two (2) working days from receipt of the answer/reply or opposition to the appeal, or upon the lapse of the period within which to file the same, the entire record of the case shall be transmitted by the Regional Arbitration Branch or DOLE Regional Office of origin to the Commission.
The complete record of the case brought on appeal to the Commission shall have a corresponding index of its contents, which shall include the following: (a) the referral slip issued by the Single Entry Approach (SEnA) conciliator-mediator; (b) the original copies of the Complaint, and other pleadings and motions; (c) minutes of the proceedings, notices, and transcripts; (d) the original copies of decisions, resolutions, awards and orders, as well as proof of service thereof; (e) the computation of the award; (f) the original copy of the Memorandum of Appeal, as well as the Answer/Reply or Opposition; (g) the original copy of the official receipt for appeal fee, legal research fee and other lawful fees; and (h) the appeal bond, if there be any.
The record shall be chronologically arranged and paginated prominently.
The rules provided herein governing appeals from the decisions, resolutions, awards and orders of the Labor Arbiters shall apply to appeals to the Commission from the decisions, resolutions, awards and orders of other offices and agencies appealable to the Commission under any existing law.
The Commission shall exercise exclusive, original and appellate jurisdiction in accordance with law.
The Commission shall exercise the powers vested in it by law, particularly the Labor Code of the Philippines, as amended, and other applicable laws.
(a) Composition. — Unless otherwise provided by law, the Commission shall be composed of the Chairperson and twenty-three (23) Commissioners.
(b) The Commission en banc. — The Commission shall sit en banc only for the purpose of promulgating rules and regulations governing the hearing and disposition of cases before its Divisions and Regional Arbitration Branches, and for the formulation of policies affecting its administration and operations.
(c) Divisions. — Unless otherwise provided by law, the Commission shall exercise its adjudicatory power and all other powers, functions and duties through its eight (8) Divisions. Each Division shall consist of one member from the public sector who shall be the Presiding Commissioner, and one member each from the workers and employers sectors, respectively.
Of the eight (8) Divisions, the First, Second, Third, Fourth, Fifth and Sixth Divisions shall have exclusive territorial jurisdiction over appealed cases from Luzon; the Seventh Division, over appealed cases from the Visayas; and the Eighth Division, over appealed cases from Mindanao.
(d) Headquarters. — The Commission and its First through Sixth Divisions for Luzon shall have their main offices in the National Capital Region, and the Seventh and Eighth Divisions for the Visayas and Mindanao, in the cities of Cebu and Cagayan de Oro, respectively.
The Chairperson shall be the head of the Commission and shall preside over all sessions of the Commission en banc. In addition, the Chairperson, assisted by the Executive Clerk of the Commission, shall exercise administrative supervision over the Commission and its Regional Arbitration Branches, and over all the personnel of the Commission, including all Executive Labor Arbiters and Labor Arbiters.
In case of the effective absence or incapacity of the Chairperson, or when there is a vacancy in the Office of the Chairperson, the Presiding Commissioner of the Second Division shall serve as the Acting Chairperson.
The Chairperson shall be the Presiding Commissioner of the First Division.
(a) Sessions. — The Chairperson shall call the Commission to a session en banc at least twice a year. However, a majority of all the members of the Commission may call a special session en banc to discuss and decide on urgent and vital matters which need immediate action.
(b) Quorum. — The presence of a majority of all the members of the Commission shall be necessary to constitute a quorum. The vote or concurrence of the majority of the members constituting a quorum shall be the decision or resolution of the Commission en banc.
(a) Quorum and Majority Opinion. — The presence of at least two (2) members of a Division shall constitute a quorum. The concurrence of at least two (2) members of a Division shall be necessary for the promulgation of a judgment or resolution.
Whenever a majority opinion cannot be obtained, the Chairperson shall designate, through an equitable process, such number of member/s from the other divisions to sit in the Division concerned.
(b) Role of the Chairperson in the Division. — The Chairperson of the Commission may convene and preside over the session of any Division to consider any case pending before it. However, the Chairperson shall not participate in the voting, except when acting as the Presiding Commissioner in the absence of the regular Presiding Commissioner.
(c) Consultation. — The conclusions of a Division in any case or matter submitted to it for decision shall be reached in consultation before the case is assigned to a member for the writing of the opinion. It shall be mandatory for the Division to meet for the purpose of the consultation ordained herein.
(d) Dissenting opinion. — A member of a Division who disagrees with the decision shall register a dissenting vote and the same shall be indicated in the decision. The dissenting member shall write a separate dissenting opinion and the same shall be attached to the record of the case within the period prescribed for deciding or resolving the appeal.
(e) Inhibition. — A motion to inhibit the entire Division of the Commission shall not be given due course.
Appealed and injunction cases involving the same parties, issues, or related questions of fact or law shall be consolidated before the Commissioner to whom the case with the lowest docket number is assigned.
The rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the Commission 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.
In the exercise of its exclusive, original and appellate jurisdiction, the Commission may exert all efforts towards the amicable settlement of a labor dispute. The settlement of cases on appeal, to be valid and binding between the parties, shall be approved by the Commission.
In the resolution of cases on appeal, and those mentioned in Rules VIII (Certified Cases) and X (Injunction), the Commission, in the exigency of the service, shall be assisted by a Labor Arbiter or Commission Attorney who may be directed to study, review, conduct conciliation and mediation conferences, hear and receive evidence, and submit reports thereon.
The decision, resolution, award and order of the Commission shall state clearly and distinctly the findings of fact, issues, and conclusions of law on which it is based, and the relief/s granted, if there be any. If the decision, resolution or order involves any monetary awards, the same shall state the specific amount awarded as close to or as of the date the decision is rendered.
A motion for reconsideration of any decision, resolution, award or order of the Commission shall not be given due course except when based on palpable or patent errors; provided that, the motion is filed within ten (10) calendar days from receipt of the decision, resolution, award or order, with proof of service thereof to the adverse party; and provided, further, that only one such motion from the same party shall be given due course.
(a) Finality. — Except as provided in Section 9 of Rule X, the decisions, resolutions, awards 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 by the parties if the latter are not assisted by counsel or representative.
(b) Entry of Judgment. — Upon the expiration of the ten (10) calendar day period, the decision, resolution, award or order shall be entered in a book of entries of judgment. In the absence of return cards, certifications from the post office or the courier duly authorized by the Commission, or other proof of service to the parties, the Executive Clerk or Deputy Executive Clerk shall consider the decision, resolution, award or order as final and executory after sixty (60) calendar days from the date of mailing.
It is the declared policy of certification of labor disputes for compulsory arbitration to ensure and maintain industrial peace based on social justice and national interest by having a full, complete and immediate settlement or adjudication of all labor disputes between the parties, as well as issues that are relevant to or incidents of the certified issues.
Certified labor disputes are cases certified to the Commission for compulsory arbitration under Article 278 [263] (g) of the Labor Code, as amended.
(a) Upon certification, the intended or impending strike or lockout is automatically enjoined, notwithstanding the filing of any motion for reconsideration of the certification order. If a work stoppage has already taken place at the time of the certification, all striking or locked out employees shall immediately return to work, and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout.
(b) All cases between the same parties, including issues submitted for arbitration, which are already filed or may be filed and are relevant to or are proper incidents of the certified case, shall be considered subsumed or absorbed by the certified case, unless the certification order provides otherwise.
(c) Unless the certification order provides otherwise, when a certified labor dispute involves a business entity with several workplaces located in different regions, the Division having territorial jurisdiction over the principal office of the business entity shall exercise jurisdiction to decide such labor dispute.
Non-compliance with the certification order of the Secretary of the DOLE shall be considered as an illegal act committed in the course of the strike or lockout, and shall authorize the Commission to enforce the same order under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages, and/or other affirmative relief including the criminal prosecution of the liable parties.
(a) Upon receipt by the assigned Commissioner of the complete record of the certified case, the Commission shall resolve the certified case within thirty (30) calendar days, unless a clarificatory hearing shall be conducted.
(b) If there is a need to conduct a clarificatory hearing, the Commission shall issue a notice directing the parties to appear and submit additional evidence, if necessary. Thereafter, the certified case and all the cases and issues subsumed therein shall be decided within sixty (60) calendar days from receipt of the complete record of the case by the assigned Commissioner.
(c) No motion for extension or postponement shall be given due course.
Upon finality of the judgment and issuance of the entry of judgment, the Commission, motu proprio or upon motion by the proper party, shall cause the execution of the judgment in the certified cases.
Any person may be summarily adjudged guilty of direct contempt for any misbehavior committed near, or in the presence of, whether physical or virtual, the Chairperson or any member of the Commission, or any Labor Arbiter, as to obstruct or interrupt the proceedings before the same.
Punishable acts include: (i) Disrespect towards the Chairperson, Commissioners, or Labor Arbiters; (ii) Offensive acts towards said officials; (iii) Use of intemperate language during proceedings; (iv) Refusal to be sworn or to answer as a witness; (v) Refusal to subscribe an affidavit or a deposition when lawfully required; (vi) Refusal to sign the minutes of the proceedings; and (vii) Other analogous circumstances.
Punishment: A person cited for direct contempt by the Commission may be punished with a fine not exceeding Five Hundred Pesos (P500.00) or imprisonment not exceeding five (5) days, or both. If cited by the Labor Arbiter: a fine not exceeding One Hundred Pesos (Php100.00) or imprisonment not exceeding one (1) day, or both.
Where a fine is imposed and the person refuses to pay, subsidiary imprisonment of one (1) day for every One Hundred Pesos (P100.00) of fine shall be imposed.
Remedy: The person adjudged guilty of direct contempt by a Labor Arbiter may appeal to the Commission by filing a Memorandum of Appeal within five (5) calendar days from the date of the order. The Order of Direct Contempt issued by the Commission is immediately executory and unappealable.
Indirect contempt shall be committed in any of the following manners: (i) Misbehavior of an officer of the Commission in the performance of his/her official duties; (ii) Disobedience of or resistance to a lawful writ, process, order, judgment of the Commission or a Labor Arbiter, including those issued by the Division or any member thereof in cases pending before it; (iii) Any abuse of or any unlawful interference with the proceedings of the Commission or Labor Arbiter not constituting direct contempt under Section 1; (iv) Any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of justice; (v) Assuming to be an attorney or a representative of a party without authority; (vi) Failure to obey a subpoena duly served; (vii) Rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of the Commission or a Labor Arbiter; (viii) Making of false or malicious statements or other acts in written submissions tending to embarrass, hinder or obstruct the Commission or Labor Arbiter in the exercise of its functions; and (ix) Non-compliance with the certification order.
An injunction in a labor case is an extraordinary remedy. It is a prohibition issued by the Commission or Labor Arbiter commanding a person to refrain from, or to perform, a particular act.
The Commission or a Labor Arbiter shall grant an injunction or temporary restraining order only after: (a) due and personal notice has been served, in such manner as the Commission shall direct, to all known persons against whom relief is sought; (b) a hearing has been held, at the earliest possible time, to hear all known persons who might be affected by granting the relief; and (c) adequate proof has been adduced that unlawful acts have been threatened and will be committed unless restrained, or have been committed and will continue to be committed, and that substantial and irreparable injury will result.
The application for injunction shall be in writing, under oath, and shall contain: (a) a concise statement of the pending controversy or proceeding; (b) a concise statement of the acts or omissions sought to be enjoined; (c) a statement that the injury to the complainant will be irreparable unless the injunction or restraining order is issued; (d) a statement that the injury to the complainant is greater than the injury that the granting of the temporary restraining order would cause to the respondent; (e) a statement that the relief sought does not disserve the public interest; and (f) a statement of whether any other proceedings involving the parties to the case have been filed, and the status thereof.
No temporary restraining order or preliminary injunction shall be issued except on the basis of findings of fact and conclusions of law. A temporary restraining order shall be effective for no longer than twenty (20) days and shall become void at the expiration of said twenty (20) days.
A mandatory cash bond of Fifty Thousand Pesos (Php50,000.00) shall be required from the applicant before issuance of a temporary restraining order, to answer for all damages that the respondent may suffer by reason of the temporary restraining order, if the Commission ultimately decides that the applicant was not entitled thereto.
The Commission may dissolve or modify the temporary restraining order or injunction upon the posting by the respondent of a bond executed to the applicant, in an amount to be fixed by the Commission sufficient to recompense the applicant for any loss, expense or damage caused by the improvident dissolution of the injunction, conditioned that the respondent will pay all damages that the applicant may suffer by reason of the improvident dissolution of the order.
Execution shall issue upon a decision or order that has become final and executory. The prevailing party may request issuance of a writ of execution at any time within five (5) years from the date it becomes final and executory. After the lapse of five (5) years and within ten (10) years from date of finality of judgment, the prevailing party may file an independent action for revival of judgment before the appropriate Regional Arbitration Branch.
The filing of any petition or appeal from the execution order before the higher courts shall not stay the execution unless a restraining order or preliminary injunction is issued, or unless the NLRC grants the same.
Prior to the issuance of the writ, the Labor Arbiter shall call the parties to a pre-execution conference to determine whether a compromise or satisfaction of the judgment can be reached, and to determine which properties of the respondent are available for levy and execution.
A writ of execution shall be issued by the Labor Arbiter or the Commission, and shall be effective for a period of five (5) years from the date of issuance thereof. Execution shall issue upon motion of the prevailing party, upon the finality of judgment.
In executing a monetary judgment, the Labor Arbiter or the Commission shall first determine if there are sufficient cash assets of the losing party. If there are no sufficient cash assets, the Labor Arbiter or Commission may garnish the deposit with any bank or financial institution. In the absence of sufficient cash assets or garnishable deposits, the Labor Arbiter or the Commission may levy, attach and execute on any personal and real property belonging to the losing party.
If the employer appeals the reinstatement order, the Labor Arbiter shall issue a writ of execution requiring the employer to reinstate the employee or employees. Where the employer refuses to reinstate the employee, the Labor Arbiter shall direct the employer to pay the wages and other benefits of the employee during the period of appeal.
If the losing party is a corporation, it shall be examined on its properties and assets available for execution. If the Commission or the Labor Arbiter finds that there is a need to pierce the veil of corporate fiction to avoid injustice or to prevent fraud, the corresponding writ shall be issued against the corporation in order to satisfy the judgment award.
The procedure set forth in the preceding section shall likewise apply in the event that the money or properties of the losing party were transferred to an individual to evade payment or satisfaction of the judgment award.
The Chairperson of the Commission may designate special Sheriffs and take any measure, under existing laws, to ensure compliance with the decisions, resolutions or orders of the Commission and those of Labor Arbiters.
A party aggrieved by any order or resolution of the Labor Arbiter, including a writ of execution and other orders issued during execution proceedings, may file a verified petition to annul or modify the same. The petition may be accompanied by an application for the issuance of a temporary restraining order and/or writ of preliminary or permanent injunction to enjoin the Labor Arbiter, or any person acting under the latter's authority, to desist from enforcing said resolution, order or writ.
The petition shall include all objections available at the time of filing, and all objections not so included shall be deemed waived.
The petition filed under this Rule shall be entertained only when the order or resolution will cause injustice if not rectified, provided that there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law, and based only on any of the following grounds: (a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; (b) If serious errors in the findings of facts are raised which, if not corrected, will cause grave or irreparable damage or injury to the petitioner; (c) If a party, by fraud, accident, mistake or excusable negligence has been prevented from taking an appeal; or (d) If made purely on questions of law.
Not later than ten (10) calendar days from receipt of the order or resolution of the Labor Arbiter, the aggrieved party shall file the petition with the Commission, furnishing a copy thereof to the adverse party and the office of the Labor Arbiter.
The Executive Clerk shall perform such duties as the Chairperson may assign, assist in the discharge of administrative functions relative to the Commission, and issue certificates of finality and other official documents. The Board Secretaries of the Commission shall assist the Executive Clerk or Deputy Executive Clerks in the discharge of their functions relative to the Commission or their respective Divisions.
The Executive Clerk, Deputy Executive Clerks, and the authorized personnel of the Commission and the Regional Arbitration Branches shall, unless otherwise restricted by Section 8 hereof, upon request and after payment of the prescribed fees duly receipted by the Commission, prepare and issue, under the Seal of the Commission, certified copies of any document, record, decision, resolution, order or entry of judgment.
The Chairperson, Members of the Commission, Labor Arbiters, the Executive Clerk, the Deputy Executive Clerks, Commission Attorneys and such other personnel as may be designated by the Chairperson are authorized to administer oath in all matters or proceedings related to the discharge of their functions.
The parties to the case and their counsel of record or duly authorized representatives shall have access to the case records of the Commission during regular office hours.
Access to case records of the Commission shall be subject to existing laws, as well as rules and policies of the Commission.
Any unauthorized access, disclosure, or attempt to obtain case records or information may give rise to administrative, civil or criminal liability under applicable laws and rules.
When the required fees and charges are not paid, the Labor Arbiter shall hold in abeyance any action on the subject pleading until the same are paid, or the Commission shall dismiss the action or deny due course to the pleading filed before it.
The foregoing is subject to existing laws granting exemption from payment of fees and other charges, and rules on imposition of lien.
The Commission and the Labor Arbiters, by authority of the Chairperson, may, after hearing, impose administrative fines which shall neither be less than Five Hundred Pesos (P500.00) nor more than Ten Thousand Pesos (P10,000.00) to ensure compliance with decisions, orders or awards.
The imposition thereof may be enforced through issuance of a writ of execution.
These Rules shall take effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
Signed this 1st day of December 2025 at Quezon City, Philippines.
WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED, that the Commission en banc adopts and approves the proposed "The 2025 NLRC Rules of Procedure".
Signed 1 December 2025, Quezon City, Philippines