[ NLRC RESOLUTION NO. 5-01-91, May 21, 1991 ]

AMENDING CERTAIN PROVISIONS OF THE 1990 NEW RULES OF PROCEDURE



The Commission, sitting en banc on 21 May 1991, acting pursuant to the provisions of Article 218(a) of the Labor Code as amended, resolved to amend certain provisions of the 1990 New Rules of Procedure, as follows:

1. Rule VI, Section 6 and 12 are hereby amended to read as follows:
"Section 6. Bond - In case the decision of a Labor Arbiter, POEA ADMINISTRATOR AND REGIONAL DIRECTOR OR HIS DULY AUTHORIZED HEARING OFFICER involves a monetary award, an appeal by the employer shall be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission or the Supreme Court in an amount equivalent to the monetary award. xxx"

"Section 12. Appeals from Decision of Other Agencies - The rules provided herein governing appeals from the decisions or orders of Labor Arbiters shall apply to appeals to the Commission from decisions or orders of other offices or agencies appealable to the Commission according to law [except as to the requirements of bond provided for in Section 6 of this Rule.]"
2. Rule VIII, Section 2 is hereby amended, to read as follows:
"Section 2. Finality of decisions of the Commission - (a) Finality of the decisions, resolutions or orders of the Commission, - EXCEPT AS PROVIDED IN RULE XI, SECTION 2, the decisions, resolutions or orders of the Commission/division shall become executory after ten (10) calendar days from receipt of the same.

(b) xxxxx

(c) ENTRY OF JUDGMENT -UPON THE EXPIRATION OF THE TEN (10) CALENDAR DAY PERIOD PROVIDED IN THE PRECEDING PARAGRAPHS, THE ORDER/RESOLUTION SHALL, IMMEDIATELY THEREAFTER, BE ENTERED IN THE BOOK OF ENTRY OF JUDGMENT."
3. Rule XI, Section 10 is hereby amended, to read as follows:
"Section 10.  EFFECTIVITY OF ORDERS/RESOLUTIONS; EFFECTS OF DEFIANCE. - THE ORDER OR RESOLUTION ENJOINING THE COMMISSION OF ILLEGAL ACTS SHALL BE IMMEDIATELY EXECUTORY IN ACCORDANCE WITH THE TERMS THEREOF.  In case of non-compliance with SUCH [an] order or resolution [of the Commission enjoining the commission of illegal acts] the Commission shall impose such sanctions and shall issue such orders as may be necessary to implement the said Order or Resolution, including the enlistment of law enforcement agencies having jurisdiction over the area for purpose of enforcing the same."
4. Rule XII, Section 4(h) is hereby amended to read as follows:
"Section 4. (h) Entry of Judgment. - He shall keep a Book of Entry of Judgment, Orders, Resolutions and Decisions containing in chronological order the entries of all final Orders, Decisions, Resolutions of the Commission. [No entry of judgment shall be made in case the Decision is appealed to the Supreme Court.]"
5. The foregoing amendments shall take effect ten (10) days after their publication in at least two newspapers of general circulation.

Adopted: 21 May 1991

(SGD.) BARTOLOME S. CARALE
Chairman
(SGD.) ROMEO B. PUTONG
Commissioner
(SGD.) VICENTE S. E. VELOSO III        
Commissioner
(SGD.) EDNA BONTO-PEREZ            
Commissioner
(SGD.) RUSTICO L. DIOKNO
Commissioner
(SGD.) DOMINGO H. ZAPANTA          
Commissioner
(SGD.) LOURDES C. JAVIER
Commissioner
(SGD.) ROGELIO I. RAYALA          
Commissioner
(SGD.) IRENEO B. BERNARDO
Commissioner
(SGD.) ERNESTO G. LADRIDO III
        Commissioner
(SGD.) BERNABE S. BATUHAN
Commissioner
(SGD.) IRENEA E. CENIZA
Commissioner
(SGD.) MUSIB M. BUAT
Commissioner
(SGD.) OSCAR N. ABELLA
Commissioner
(SGD.) LEON G. GONZAGA, JR.
Commissioner