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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

The 2025 National Labor Relations Commission (NLRC) Rules of Procedure, particularly Rules XII to XIV, covers the extraordinary remedies and the administrative provisions governing Commission records and officials.

Having discussed Rules IX to XI in our previous article, we now conclude this series by examining the remaining provisions of the 2025 National Labor Relations Commission (NLRC) Rules of Procedure, particularly Rules XII to XIV, which cover extraordinary remedies and the administrative provisions governing Commission records and officials.

Inclusion of All Objections in the Verified Petition

Section 1 of Rule XII of the Rule states that the petition shall include all objections available at the time of filing, and all objections not so included shall be deemed waived.

Service of the Petition to the Labor Arbiter

Under Section 3 of Rule XII, the Labor Arbiter is required to furnish a copy of the verified petition annulling or modifying the order or resolution of the Labor Arbiter, as follows:

“SECTION 3. When and Where Filed. — 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. xxx.”

Affidavit of Service

Under the 2025 NLRC Rules of Procedure, a verified petition must now be accompanied by the addition of an affidavit of service to the adverse party and the Labor Arbiter who issued the assailed order or resolution. (Section 5, Rule XII)

Non-Compliance with the Filing Requisites

The Rules likewise provide that non-compliance with any of the requisites under Section 5 of Rule XIII shall result in the dismissal of the petition. 

Period to File Comment on the Petition

Within a non-extendible period of five (5) calendar days from the receipt of the petition, the private respondent shall file a comment thereon stating the ground/s as to why the petition should be dismissed. Failure on the part of the private respondent to file a comment within the said period shall be construed as a waiver of the right to file the same. (Section 7, Rule XII)

Pendency of a Motion for Reconsideration

Unless otherwise ordered by the Commission, the execution proceedings, including the release of money collected or credit garnished and the conduct of public auction over levied personal properties, shall continue notwithstanding the pendency of a motion for reconsideration directed at the decision or resolution of the Commission promulgated under this Rule. (Section 16, Rule XII)

Designation of an Executive Clerk

Section 2 of Rule XIII states that in the absence or incapacity of the Executive Clerk, the Chairperson may designate from among the Deputy Executive Clerks or other officials who shall act as such for the Commission when sitting en banc. 

Administration of Oath

Under the 2025 NLRC Rules, Commission attorneys and such other personnel as may be designated by the Chairperson are now also authorized to administer oath in all matters or proceedings related to the discharge of their functions. (Section 7, Rule XIII)

Pauper Litigant

The 2025 NLRC Rules removed the explicit exemption granted to pauper litigants and now shifted to a general exemption clause for the issuance of certified copies of any document, record, decision, resolution, order or entry of judgment. 

Hence, the foregoing is subject to existing laws regarding exemption from payment of fees and other charges, and rules on imposition of liens. (Section 6, Rule XIII)

Access to Case Records

Section 8 of Rule XIII protects the case records of the Commission wherein access to case records of the Commission shall be subject to existing laws, as well as rules and policies of the Commission.

Additionally, 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.

Effect of Non-Payment of Legal Fees

Rule XIV clarified that the non-payment of legal fees is subject to existing laws granting exemption from payment of fees and other charges, and rules on imposition of lien. 

Related Article: 

• Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 1)
• Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 2)

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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