WHEREAS, Article 42 of Presidential Decree No. 570-A
introduces an appellate system which tends to hamper the administrative
character of the labor relations system established under Book V of the
Labor Code by limiting the freedom and authority of the President to
deal effectively and expeditiously with labor disputes;
WHEREAS, the national interest during a critical period of
history requires the exercise of full jurisdiction by the President of
the Philippines over such cases;
WHEREAS, consistent with this policy, the Secretary of Labor
should maintain the responsibility of passing upon such cases as the
penultimate appellate level prior to final appeal to the President of
the Philippines as originally provided for in Presidential Decree No.
21;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree that Sections 32 and 42 of
Presidential Decree No. 570-A be further amended to read as follows:
SEC. 32. This Section which adds paragraph (o) to the last
paragraph of Article 261 of the Code as renumbered is hereby deleted.
SEC. 42. Article 302 is hereby renumbered and amended to
read as follows:
"ART. 272. Appeal. — Decisions, awards, or orders
of the labor arbiters or compulsory arbitrators are final and executory
unless, appealed to the Commission by any or both of the parties within
ten (10) days from receipt of such awards, orders, or decisions. Such
appeal may be entertained only on any of the following grounds:
If there is prima-facie evidence of abuse or
discretion on the part of the labor arbiter or compulsory arbitrator;
If the decision, order, or award was secured through fraud or
coercion, including graft and corruption;
If made purely on questions of law; and
If serious errors in the findings of facts are raised which
would cause grave or irreparable damage or injury to the appellant.
To discourage frivolous or dilatory appeals, the Commission or
the Labor Arbiter shall impose reasonable penalty, including fines or
censures, upon the erring parties.
In all cases, the appellant shall furnish a copy of the
memorandum of appeal to the other party who shall file an answer not
later than ten (10) days from receipt thereof.
The Commission shall decide all cases within twenty (20) working
days from receipt of the answer of the appellee.
The decision of the Commission is appealable to the Secretary of
Labor on any of the following grounds:
If there is a prima-facie evidence of abuse of
discretion;
If made purely on questions of law; and
If there is a showing that the national security or social
and economic stability is threatened.
The decision of the Commission shall be immediately executory,
even pending appeal, unless stayed by an order of the Secretary of Labor
for special reasons. The decision of the Secretary of Labor shall be
immediately executory, even pending appeal, unless stayed by an order of
the President. The Philippine Constabulary and other law-enforcement
agencies may be deputized by the Secretary of Labor in the enforcement
of orders, decisions, or awards.
Decisions of the Secretary of Labor may be appealed to the
President of the Philippines subject to such conditions or limitations
as the President may direct.
This Decree shall take effect on January 21, 1975.
Done in the City of Manila, this 21st day of January, in the
year of Our Lord, nineteen hundred and seventy-five
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ROBERTO V. REYES
Acting Executive Secretary
