DEPARTMENT ORDER NO. 131-B Series of 2016 REVISED RULES ON LABOR LAW COMPLIANCE SSTEM
Labor Law Compliance System regulato atory ry and develo developm pment ental al approa approache chess in respo response nse to exist existing ing - mix of regul rigidities on labor law compliance while ensuring decent and productive work - developmental track to address labor law violations usually caused by lack of information on labor laws, rules and regulations RULE I Ti!"e #$% Co$s!r&'!io$ Se'. Se'. 2. O()e O()e'!i '!i*es *es - Compliance-enabling approach of the Labor Laws Compliance System (LLCS) combines the following developmental developmental tracks
a! "lan "lantt-le leve vell #oin #ointt $sse $ssess ssme ment nt of comp compli lian ance ce by empl employ oyer er an and d wo work rker er%s %s representative with the &'L Labor Law Compliance 'fficer (LLC') b! $wareness $wareness-raisi -raising*ca ng*capacit pacity-bui y-building lding of both employe employers rs and the workers and*or and*or unions through &'L +ngageotivate$chieve or +$ .oolkit enu enu of program programss and service servicess design designed ed to correc correctt and remedy remedy the identified deficiencies through education, trainings, and other technical assistance to establishments establishments c! /ree technic technical al assistance assistance on product productivity ivity or complian compliance ce with technic technical al safety safety and occupational safety and health standards ('S0S) d! 1eco ecognit gnitio ion n of volu volun ntar tary com complianc iancee by estab stabllishm ishmeents throu hrough gh the the 2ncentivi3ing Compliance "rogram (2C") and e! nhanceme nhancement nt of plant-le plant-level vel partne partnershi rship p mechani mechanism sm
/or compliance disputes 45-day day man mandat datory ory concil conciliat iation ion-me -media diatio tion n servic services es 6 Single Single ntry ntry $pproa $pproach ch - 45(Sn$) /air, expeditious, inexpensive and non-litigious settlement or resolution o RULE II Defi$i!io$ of Ter+s Se'. 1. Defi$i!io$ of Ter+s a! Assess+e$! C,e'"is! 6 refers to a form, hard copy or electronic, containing indicators in assessing compliance of establishment, workplace, or worksite with labor laws and social legislations! n! #/#r%o&s Wor Pro'esses 6 refer to work operation or practices performed by a wo worke rkerr in the estab establis lishm hment ent or workpl workplace ace in con7un con7uncti ction on with with or as and
incident to such operations or practices and which expose the employee to ha3ards likely to cause any disabling in7ury, illness, death or physical or psychological harm! s! L#(or L#s Co+"i#$'e Ss!e+-M#$#e+e$! I$for+#!io$ Ss!e+ 4LLCSMIS5 6 refers to the online web-based software application system utili3ing electronic gadgets for the transmission and processing of real-time data collected from the field using an electronic assessment checklist! x! Perio% of Corre'!io$ 6 refers to the number of days given to establishments to correct noted deficiencies, to wit 8! .wenty (95) days to correct general labor standards deficiencies found during #oint $ssessment or S$: or 9! .en (85) days to correct all deficiencies found during the conduct of Compliance :isit or 'ccupational Safety and 0ealth Standards 2nvestigation! RULE III e$er#" Pro*isio$s Se'. 1. Mo%es of I+"e+e$!#!io$ - .he LLCS shall be implemented through any of the following
a! b! c! d!
#oint $ssessment Compliance :isit 'ccupational Safety and 0ealth Standards 2nvestigation or Special $ssessment or :isit of stablishments! "rocess of evaluating compliance with labor laws and social legislation for o policy formulation
Se'. 2. Assess+e$! 6 2t can be done by the 1egional 'ffices, either in combination, separately, or simultaneously, of any of the following
a! ;onal $ssessment 6 prioriti3e 3ones or areas which have low levels of compliance based on their records! b! 2n-0ouse 'ccupational Safety and 0ealth $ssessment 6 tap accredited 'S0 practitioners or consultants to monitor compliance with 'S0 standards in plants and worksites! i! 'ccupational Safety $ssessment Checklist sent by the 1egional 'ffice ii! 9 weeks from receipt by the 'S0 practitioner or consultant, transmit to 1egional 'ffice for verification iii! :alidation by the LLC' with the safety committee or officer at the plantlevel during the tripartite #oint $ssessment iv! 2n case of compliance, LLC' shall recommend the issuance of C'C otherwise, possible technical assistance or corrective actions shall be proposed to the establishment!
c! $ssessment by 2ndustry - mobili3e 2ndustry .ripartite Councils (2.C) and associations for effective and expanded reach! i! 2ndustry-wide #oint $ssessment (2#$) 6 2.C%s :oluntary Codes of $! ii! ?norgani3ed 6 any rank-and-file employee designated by the ma7ority of the employees present at the time of assessment through the &'L nomination form or from any of the following Committees, in successive order 8! Labor-anagement Committee 9! Compliance Committee 4! Safety and 0ealth Committee or =! /amily @elfare Committee! Se'. 6. Too"(o9 of Pror#+s #$% Ser*i'es 6 A ma7or themes 8! 'ccupational Safety and 0ealth 9! @orkplace 1elations 4! "roductivity nhancement =! 'ccupational Skills nhancement A! Livelihood $ssistance Se'. :. ;ee%(#' Me',#$is+s 6 &'L /eedback /orm shall be filled out by the employer%s and employee%s representatives and submit to &'L 1egional 'ffice!
Se'. <. U!i"i/#!io$ of !,e LLCS-MIS 6 $ll LLC's shall use their electronic gadget in conducting assessments! .he findings shall be synced to the &'L server within seventy-two (B9) hours after assessment! RULE IV Es!#("is,+e$!8s Co+"i#$'e Re=&ire+e$! Se'.1. Re=&ire% Co+"i#$'e i!, L#(or L#s 6 $ll establishments, principal*user enterprise and contractor*subcontractor, unless expressly exempted, must comply with prescribed labor standards, occupational safety and health standards, and social welfare benefits for its employees including observance of the regulations on contracting*subcontracting arrangements, termination of employment reuirements, and labor rights! Se'.2. E+"o+e$! Re'or%s 6 $ll employment records shall be kept and maintained in and about the premises of all workplaces for at least three (4) years! stablishments with a centrali3ed recording system shall inform the LLC' of the 1egional 'ffice where its central or head office is located of such fact! Se'. 3. Pri$'i#" #$% Co$!r#'!or or S&('o$!r#'!or Co+"i#$'e Re=&ire+e$! 6 .he contractor or subcontractor and its principals shall comply with the reuirements of &' 8D-$! RULE V >oi$! Assess+e$! Se'.1. Co*er#e 6 #oint $ssessment shall cover all private establishments, including their branches, workplaces and their contractors or subcontractors, except those with valid .CCLS or C'C on both general labor standards and occupational safety health standards! Se'.2. Priori! Es!#("is,+e$!s #$% Wor"#'es 6 a! ngaged in ha3ardous work b! mploying children c! ngaged in contracting or subcontracting arrangements d! "hilippine-registered ships or vessels engaged in domestic shipping e! "ublic utility bus transport f! mploying ten (85) or more employees and g! Such other establishments at may be determined by the S'L as priority for #oint $ssessment! Se'.3. W,e$ >oi$! Assess+e$! is Co$%&'!e% 6 2t shall be conducted at least once every
two (9) years! $t any time, however, #oint $ssessment can be conducted upon reuest by either the employer or employees*union! Se'. ?. >oi$! Assess+e$! Pro'e%&re 6 a! $ssignment of stablishments b! "resentation of $uthority to $ssess c! :erification of Compliance a! 1eview employment records b! 2nterview employees c! 2nspect work premises d! 2ssuance of Eotice of 1esults a! Compliant stablishment 6 recommend to the 1& the issuance of C'C b! Eon-compliant stablishment 6 indicate therein the noted deficiencies i! 2n both cases, the contents of the E1 shall be explained by the LLC' to the representatives of the employer and the employees, who shall thereafter affix their respective signatures therein to signify their acknowledgement of the #oint $ssessment findings! $ny representative who disagrees with the findings may note his*her comment on the E1 before affixing his*her signature! ii! 2f any representative refuses to sign the E1, the LLC' shall write such fact and specify the name and designation of the said representative! Copies of the E1 shall be posted in a conspicuous place within the company premises and shall be sent to the establishment by registered mail or private courier service! e! "eriod to Cancel &eficiencies a!
of the period for the correction of all deficiencies! /ailure to do so shall cause the issuance of a Compliance 'rder! h! :erification or :alidation of Compliance and /ollow-up $ssessment i! "rocedure after /ailure to Correct &eficiencies a! to validate and verify violation of labor standards or &' 8D-$, or both and e! /inding by EL1C of violation of labor standards or &' 8D-$, or both!
0owever, if a complaint involves a violation of the xpanded $nti-.rafficking in "ersons $ct of 9589, the igrant @orkers and 'verseas /ilipinos $ct of 8FFA, or the Special "rotection of Children $gainst Child $buse, xploitation and &iscrimination $ct, the following rules apply a! anual of "rocedures in 0andling Complaint on trafficking in "ersons, 2llegal 1ecruitment and Child Labor pursuant to &ep! Cir! Eo! 59, Ser! 9589 and b! anual on the Conduct of 2nspection, 1escue and nforcement "roceedings in Child Labor Cases pursuant to &ep! Cir! Eo! 59, Ser! 9585! Se'.2. Pro'e%&re 6 a! 1eceipt of 1eferral or Complaint b! "resentation of $uthority to $ssess c! :erification of Compliance d! 2ssuance of Eotice of 1esults
a! Compliant stablishment 6 recommend to the 1& the issuance of C'C! b! Eon-compliant stablishment 6 indicate therein noted deficiencies! i! 2n both cases, the contents of the E1 shall be explained by the LLC' to the representatives of the employer and the employees, who shall thereafter affix their respective signatures therein to signify their acknowledgement of the #oint $ssessment findings! $ny representative who disagrees with the findings may note his*her comment on the E1 before affixing his*her signature! ii! 2f any representative refuses to sign the E1, the LLC' shall write such fact and specify the name and designation of the said representative! Copies of the E1 shall be posted in a conspicuous place within the company premises and shall be sent to the establishment by registered mail or private courier service! e! "rescribed "eriod to Correct &eficiencies 6 within the ten (85) day prescribed period! f! :erification :isit g! "rocedure after /ailure to Correct &eficiencies a!
'rder within twenty-four (9=) hours from the failure of the employer to abate the imminent danger! .hereafter, 1& shall immediately conduct a validation! 2f he*she is satisfied that there exists an imminent danger, he*she shall issue a @S' with a copy thereof furnished to the S'L and >@C! @ithin twenty-four (9=) hours from receipt of the @S', the LLC' shall serve the same to the establishment! @ithin twenty-four (9=) hours but nor exceeding seventy-two (B9) hours from service of the @S', the 1& shall conduct a mandatory conference to determine whether imminent danger still exists! &uring the mandatory conference, the establishment shall be allowed to submit evidence to prove that imminent danger no longer exists! 2f evidence is submitted, the 1& shall direct the LLC' to verify the claim of the establishment! 2f upon verification the imminent danger no longer exists, the LLC' shall recommend the lifting of the @S'! .he 1& shall issue an 'rder lifting the @S' based on the documents of compliance and validation, verification, or narrative report submitted by the LLC'! 2f there are deficiencies involving labor standards, the applicable provision of Section 9, 1ule :2 on Compliance :isit shall apply! Se'. 3. Pro'e%&re for I$*es!i#!i$ Dis#("i$ I$)&r 6 a! "rima facie presumption of imminent danger or dangerous occurrence 6 receipt of verified information on the existence of disabling in7ury i! @ithin twenty-four (9=) hours from such receipt, the 1& shall issue a @S' and shall direct the LLC' to conduct an 'S0S investigation! ii! 0owever, if the nature of the imminent danger or dangerous occurrence is so grave as to reuire technical assistance, the 1& shall recommend to the S'L the creation of a composite team who will be dispatched immediately to the establishment or workplace under investigation b! 2f the LLC' is allowed access to the establishment, the applicable provisions of Section 9(b) hereof shall be observed! c! 2f the LLC' is refused access to the establishment, 1ule G2, on 1efusal $ccess to 1ecords and*or "remises shall apply! Se'. ?. Pro'e%&res for O''&#!io$ S#fe! #$% e#"!, S!#$%#r%s Vio"#!io$s Co++i!!e% i$ P"#i$ Vie or i$ !,e Prese$'e of !,e LLCO 6 reuire the employer to correct the violation based on Section =, 1ule :, on #oint $ssessment!
.he LLC' shall submit a narrative report to the 1& having 7urisdiction over the workplace! 1& shall direct (a) the conduct of #oint $ssessment under 1ule : to complete the assessment of the establishment if correction has been made or (b) the conduct of 'S0S investigation under this 1ule if no correction has been effected! Se'. 6. Reor!i$ of A''i%e$! 6 $ll work accidents and occupational illnesses in workplaces shall be reported on or before the twentieth (95 th) day of every month using the 'S0S prescribed form to the 1egional 'ffice! xcept in cases of work accidents resulting in disabling in7ury or death, a report shall be made within twenty-four (9=) hours from occurrence thereof by the employer, safety office, or any member of the Safety and 0ealth Committee! RULE VIII Wor S!o#e Or%er Se'. 1. Wor S!o#e Or%er 6 .he S'L or his*her duly authori3ed representative may direct to stop, wholly or partly, the work or operation of any unit or department of an establishment when non-compliance with 'S0S poses imminent danger to the health and safety of the employees in the workplace! Se'. 2. ;or+ #$% Effe'! of Wor S!o#e Or%er 6 .he @S' shall state the following a! /acts, including a report of the safety and*or health personnel b! 2nitial findings on the proximate cause of the imminent danger, dangerous occurrence or disabling in7ury c! @orkplace or part thereof covered d! Eames, number, and positions of employees that shall be affected by the issuance of the @S' or e! 1ecommendations for the abatement of the cause of the imminent danger! Se'. 3. Or%er Lif!i$ !,e WSO 6 .he 1& shall issue the order upon receipt of proof and certification from the safety officer of the employer or &'L-accredited safety practitioner or consultant that the cause of the imminent danger has been abated!
.he 1& shall make a finding in the @S' whether the accident was due to the fault of the employer! 2f in the affirmative, the latter shall pay its employees all the monetary benefits to which they are entitled for the duration of the @S' notwithstanding contributory negligence on the part of said employees! RULE I@ Se'i#" Assess+e$! Visi! of Es!#("is,+e$! 4SAVE5 Se'. 1. Co*er#e 6 S$: shall cover the establishment%s head office and*or branches in specific regions or nationwide as may be determined by the S'L! 2t may also cover all
establishments in one industry or area where establishments from different industries are clustered or can be found! Se'. 2. Co+osi!io$ 6 S$: shall be undertaken by a composite team! Se'. 3. P#r!i'i#!io$ of Lei!i+#!e L#(or Or#$i/#!io$s i$ SAVE 6 1epresentatives of legitimate labor organi3ations and*or federations maybe authori3ed by the S'L to 7oin in the compliance assessment of establishment*s under S$:! Se'. ?. Pro'e%&re 6 xcept when the S'L would prescribe a different procedure, the conduct of S$: shall be as follows a! @ithin twenty-four (9=) hours from receipt of an 'rder from the S'L, the 1& shall issue an $uthority to $ssess the establishment covered by S$: b! 2n addition to the indicators in the $ssessment Checklist, the composite team shall look into the following i! stablishment%s profile, number and location of branches ii! 'rgani3ational structure and total number of employees iii! 1ecruitment or hiring, and termination processes and practices iv! Compliance with labor laws and social legislation v! Contractors*subcontractors, total number of employees mobili3ed or assigned with the principal*s, term of employment vis-H-vis the term of the service agreement, and compliance with &' 8D-$ vi! 'ther information as may be reuired by the S'L! c! 1& or designated team leader, with the concurrence of the ma7ority of all the members of the composite team, shall submit a brief report within seventy-two (B9) hours to the S'L containing a summary of the above information and preliminary determination of compliance or non-compliance with labor laws and social legislation d! 2n case of compliance, C'C shall be issued by the 1&, with the concurrence of the ma7ority of all the members of the composite team! e! 2f there are deficiencies in compliance, a monthly progress report shall be submitted by the 1& to the >@C on the corrective actions and proceedings that transpired thereafter and updates on the plan of action recommended by the composite team f! .he composite team shall submit a final report within the period prescribed in the order directing the conduct of S$: for the S'L%s consideration g! Sub7ect to the discretion of the S'L, further proceedings may be conducted to enforce compliance with labor laws! RULE @ Cer!ifi'#!e of Co+"i#$'e Se'. 1. Cer!ifi'#!es 6 .he following certificates shall be issued by the 1& based on the recommendations of LLC's and other proof of compliance
a! b! c! d! e!
C'C on
Se'. 2. P&("i'#!io$ #$% Iss&#$'e of COC !o Es!#("is,+e$!s 6 @ithin ten (85) days from receipt of the recommendation of the LLC', the 1& or any of his*her duly authori3ed representative shall validate submitted documents showing compliance with labor laws and social legislation! .he list of establishment recommended for the issuance of C'C shall be published in the website of the concerned &'L 1egional 'ffice for at least ten (85) days! &uring this period, any interested party may file a comment or opposition to the issuance of C'C to an establishment! Se'. 3. Iss&#$'e of COC !o Es!#("is,+e$!s E$#e% i$ Co$!r#'!i$ or S&('o$!r#'!i$ Arr#$e+e$! 6 a! 2ssuance of C'C to Contractors or Subcontractors 6 when all its contracting or subcontracting activities or operations within his*her area of 7urisdiction are found compliant with &' 8D-$ and other related labor laws and social legislation! 2t shall be valid only within the area of 7urisdiction of the issuing 1&! b! 2ssuance of C'C to "rincipal or ?ser nterprise 6 only if it, as well as its contractor or subcontractor operating within his*her area of 7urisdiction, is found compliant with &' 8D-$ and other related labor laws and social legislation, and its contractors or subcontractors operating within his*her area of 7urisdiction have been issued with C'Cs! .he issued C'C is valid only within the area of 7urisdiction of the issuing 1&! Se'. ?. Iss&#$'e of COC o$ L#(or Re"#!io$s 6 Sub7ect to the reuirements prescribed in $dmin! 'rder Eo! I8D, Ser! 958=, the 1& shall issue a C'C on Labor 1elations to the following a! stablishments with existing C>$ b! stablishments with existing Labor anagement Committee*Council and c! ?norgani3ed establishments with existing and functioning
Eo 7oint assessment will be conducted within a period of two (9) years except in any of the following circumstances a! Sn$ referral b! xistence of any of the circumstances enumerated in Sec! 8, 1ule :22, on 'S0S investigation
c! 1eceipt of verified report or information on violation of the xpanded $nti.rafficking in "ersons $ct of 9589, the igrant @orkers and 'verseas /ilipinos $ct of 8FFA, or the Special "rotection of Children $gainst Child $buse, xploitation and &iscrimination $ct d! stablishment is placed under the S$: program e! /ailure to submit Compliance 1eport or f! 'ther circumstances analogous to the above! Se'. 6. ro&$%s for Re*o'#!io$ of COC 6 a! C'C was obtained through manifest deceit, misrepresentation, intimidation of workers, false reporting, and other similar or analogous acts of the employer b! 2f the establishment, principal, user enterprise, contractor, or subcontractor is unable to effect correction of the deficiency after the conduct of Compliance :isit or 'S0S investigation, as the case maybe, within the prescribed period c! 2f a dangerous occurrence results in disabling in7ury which is attributable to the negligence or fault of the employer or d! 'ther circumstances analogous to the above! Se'. :. S&(+issio$ of Co+"i#$'e Reor! 6 stablishment issued with C'C must submit a Compliance 1eport within ten (85) days from the lapse of one (8) year following the issuance of the C'C! /ailure of the establishment to comply with its undertaking shall cause the conduct of a spot verification by the 1egional 'ffice which shall be in the nature of a Compliance :isit! Se'. <. E9iri$ #$% E9ire% COC 6 stablishments issued with C'C must submit a Compliance 1eport to the 1egional 'ffice not later than three (4) months before the expiration thereof! stablishments which fail to comply with this reuirement, as well as those against which complaints for violation of any labor law or social legislation have been filed and are pending, shall be sub7ect to #oint $ssessment!
RULE @I Ref&s#" of A''ess !o Re'or%s #$%or Pre+ises Se'. 1. Co*er#e 6 1efused access to records and*or premises shall result in the filing of a criminal action against the responsible person in the establishment in any of the following cases a! @hen the refusal was committed twice, during the first and second attempt to conduct a #oint $ssessment, or Compliance :isit, or S$: or b! @hen the refusal was committed on the first attempt to conduct an 'S0S investigation! Se'. 2. A'!io$ !o (e T#e$ if Ref&se% A''ess 6 2f the LLC' is denied access to records and*or premises on his*her first attempt in #oin $ssessment, Compliance :isit, or
S$:, he*she shall issue a Eotice of $ssessment informing the establishment of the schedule of the next visit, and shall reuire its representative to receive the said notice by writing his*her name and affixing his*her signature thereon! 2f the representative refuses to sign the same, the LLC' shall write such fact and specify the name and designation of the said representative! 2f the LLC' is denied access on his*her second attempt despite the issuance of a Eotice of $ssessment, he*she shall inform the 1& of such fact! .hereafter, the 1& shall write the owner or president or any duly authori3ed representative and explain the following (a) the $ssessment to be conducted (b) the 2ssuance of Certificate of Compliance if the establishment is found compliant with labor laws and (c) the filing of a criminal case against the responsible person! 2f the establishment refuses to give access to the LLC' despite the communication made by the 1&, the latter shall direct the LLC' to issue a Eotice of 1esults by registered mail or private courier service and indorse the supporting documents to the &'L Legal Service within five (A) days for the institution of a criminal action! Se'. 3. E9e'&!io$ of Affi%#*i! of Ref&s#" of E$!r Se'. ?. No!i'e of M#$%#!or Co$fere$'e or I$!e$!io$ !o ;i"e Cri+i$#" A'!io$ 6 @ithin five (A) days from submission by the LLC' of the $ffidavit of 1efusal of ntry, the 1& shall invite to a mandatory conference or notify that a criminal action will be filed against it! Se'. 7. I$i!i#!io$ of ;i"i$ of Cri+i$#" C#se 6
RULE @II M#$%#!or Co$fere$'e Se'. 1. Co$%&'! of M#$%#!or Co$fere$'e 6 2f noted deficiencies are not corrected, a mandatory conference shall be conducted within ten (85) days a! $fter the lapse of the twenty (95) days period of correction for general labor standards deficiencies arising from #oint $ssessment or b! $fter the lapse of the ten (85) days period of correction of general labor standards deficiencies and*or 'S0S deficiencies arising either from Compliance :isit or 'S0S investigation!
.he 0earing 'fficer shall conduct marathon conferences! .he parties shall be allowed only two (9) postponements based on meritorious grounds!
@here the parties fail or refuse to appear during the mandatory conference*s despite due notice and without 7ustifiable reason, the same shall be considered a waiver on their part to controvert the findings of the LLC'! Conseuently, a Compliance 'rder shall be issued based on the evidence on record! 2n no case shall the mandatory conferences exceed thirty (45) days reckoned from the date of the first conference! Se'. 2. N#!&re of Pro'ee%i$s 6 Summary in nature Se'. 3. Re'or%s of !,e Pro'ee%i$s 6 0earing 'fficer shall make the record! .he minutes of the conferences shall be signed by the parties and attested by the 0earing 'fficer, and shall form part of the records of the case! R&"e @III Co+"i#$'e Or%er Se'. 1. Co+"i#$'e Or%er 6 @ithin ten (85) days after the termination of the mandatory conference, the 0earing 'fficer shall submit his*her recommendation for the disposition of the labor standards case! $ccordingly, the 1& shall issue the corresponding Compliance 'rder within ten (85) days from receipt of the aforesaid recommendation! Se'. 2. Dis+iss#" of !,e C#se 6 @ithin ten (85) days from receipt of the recommendation of the LLC', .he 1& shall issue an 'rder dismissing the case based on any of the following grounds a! .he findings of deficiencies by the LLC' has no basis in fact or in law b! .he employer presented substantial evidence controverting the findings of the LLC' c! .he correction or restitution of deficiencies was made by the employer prior to the issuance of Compliance 'rder d! .he parties entered into an amicable settlement or compromise agreement, in whole or in part, during the mandatory conference or e! $ny other analogous circumstances warranting the dismissal of the case! Se'. 3. Mo%es of Ser*i'e 6 Eotices shall be served to the parties or their duly authori3ed representatives at their last known address or if they are represented by counsels, to the latter!
Services of notices and orders shall be made either by personal service or by registered mail! Se'. ?. Proof #$% Co+"e!e$ess of Ser*i'e 6 .he registry return card is prima facie proof of the facts indicated therein!
"ersonal service is complete upon actual delivery! Service by registered mail is complete upon actual receipt by the addressee, or after five (A) days from the date he*she received the first notice of the postmaster, whichever date is earlier! Se'. 7. No!i'e of ;i$#"i! 6 .he 1& shall issue a Eotice of /inality in case no appeal is perfected! RULE @IV Co+ro+ise Aree+e$! Se'. 1. Co+ro+ise Aree+e$! 6 2t shall be reduced in writing and signed by the parties in the presence of the 1&, or his*her duly authori3ed representative!
.he Compromise $greement shall bind the parties provided that the person making the compromise did so voluntarily, with full understanding of the facts and of the conseuences thereof, and for a consideration which is adeuate and reasonable! 2n case it is entered into by the parties in the absence of the 1& or his*her duly authori3ed representative, the parties shall be called to attend a verification conference for the purpose of verifying the authenticity and due execution of the agreement! 2n case the aforesaid conference cannot be held for 7ustifiable reason, the 1& may assign an LLC' to conduct an on-site verification!
RULE @V Ae#" Se'. 1. Ae#" 6 .he Compliance 'rder may be appealed to the 'ffice of the S'L by filing a emorandum of $ppeal, furnishing the other party with a copy of the same, within ten (85) days from receipt thereof! Eo further motion for extension of time shall be entertained!
$ mere Eotice of $ppeal shall not stop the running of the period within which to file an appeal! Se'. 2. ro&$%s of Ae#" 6 a! "rima facie evidence of grave abuse of discretion on the part of the 1& b! "ure uestions of law or c! Serious errors in the findings of facts were committed which, if not corrected, would cause grave or irreparable damage or in7ury to the appellant!
Se'. 3. W,ere !o ;i"e !,e Ae#" 6 1egional 'ffice which issued the Compliance 'rder! Se'. ?. ;or+ #$% Co$!e$!s 6 .he emorandum of $ppeal shall be filed in one (8) printed copy and an electronic copy in a compact disc containing a! /ull names of the parties to the case b! &ate of receipt of the 'rder appealed from c! Concise statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the 1egional 'ffice, and the reasons or arguments relied upon for the allowance of the appeal d! "roof of service upon the other party and e! Clear legible duplicate originals or true copies of the 'rder, certified correct by the records officer of the 1egional 'ffice! Se'. 7. Perfe'!io$ of Ae#" Effe'! T,ereof 6 "erfected upon filing of the emorandum of $ppeal together with the appeal bond within the period specified in Section 8 of this 1ule!
/ailure to perfect an appeal in the manner and within the period prescribed in this 1ule shall render the Compliance 'rder final and executory, in which case the 1& shall, on his*her own initiative, issue a Eotice of /inality and @rit of xecution! Se'. 6. Ae#" Bo$% 6 2t may either be cash or surety in an amount euivalent to the monetary award!
$ cash or a surety bond shall be valid and effective from the date of deposit or posting until the case is finally resolved or the monetary award is satisfied! 2f the bond is cancelled or is not renewed during the pendency of the case, the appeal shall be dismissed and the order appealed from shall be deemed final and executory! 2f after verification, the bond is found irregular or not genuine, the appeal shall be deemed not perfected and shall be dismissed by the 1& on his*her own initiative, in which case the assailed Compliance 'rder shall become final and executory! Se'. :. Mo!io$ !o Re%&'e Bo$% 6 2t shall not be entertained! Se'. <. ;i"i$ of Re" or Oosi!io$ 6 .he appellee may file with the 1egional 'ffice his*her reply or opposition to the appeal within ten (85) days from receipt thereof! Se'. . Wi!,%r##" of Ae#" 6 $n appeal may be withdrawn as a matter of right at any time before the filing of the appellee%s 1eply or 'pposition! .hereafter, the withdrawal may be allowed in the discretion of the S'L!
Se'. 10. Tr#$s+i!!#" of Re'or%s 6 @ithin three (4) days after the lapse of the period to file a reply or opposition to the appeal, the entire records of the case shall be transmitted by the 1egional 'ffice to the 'ffice of the S'L! Se'. 11. C"#rifi'#!or Co$fere$'e 6 2t may be called for the purpose of determining or verifying factual issues essential to the resolution of the appeal! Se'. 12. ;i$#"i! of Reso"&!io$ or De'isio$ of !,e SOLE 6 .he S'L shall have thirty (45) days from receipt of the entire records of the case or from termination of the Clarificatory Conference to decide the appeal!
2f no motion for reconsideration is filed by the aggrieved party within fifteen (8A) days from receipt by the parties of the 1esolution or &ecision of the S'L, the same shall become final and executory! 2f a motion for reconsideration is filed, the S'L shall issue a 1esolution or &ecision thereon within thirty (45) days from receipt thereof! .he 1esolution or &ecision of the S'L on the motion for reconsideration shall become final and executory after ten (85) days from the issuance thereof! Se'. 13. E$!r of >&%+e$! #$% Tr#$s+i!!#" of Re'or%s !o !,e Reio$#" Offi'e of Orii$ 6 $fter the 1esolution or &ecision of the S'L has attained finality, an ntry of 7udgment shall be issued! Se'. 1?. Effe'! of ;i"i$ of Pe!i!io$ for Cer!ior#ri 6 2t shall not stay the execution of the Compliance 'rder, 1esolution, or &ecision unless the appellate court issues a restraining order or in7unctive relief! RULE @VI E9e'&!io$ Se'. 1. Iss&#$'e of Wri! of E9e'&!io$ 6 @ithin ten (85) days from issuance of Eotice of /inality or receipt of ntry of #udgment and the entire records of the case, the 1& shall issue a writ of execution on his*her own initiative or on motion by any interested party! Se'. 2. Pre-e9e'&!io$ Co$fere$'e 6 @ithin ten (85) days from receipt of a motion for the issuance of a writ of execution and sub7ect to Section 8 hereof, the 1& or his*her duly authori3ed representative shall schedule a pre-execution conference or hearing to thresh out matters relevant to execution! Se'. 3. ;or+ #$% Co$!e$!s of # Wri! of E9e'&!io$ 6 Se'. ?. E$for'e+e$! of Wri! of E9e'&!io$ 6 .he Sheriff or the officer acting as such shall be guided by this 1evised 1ules and by the &'L Sheriff%s anual on xecution of
#udgment! 2n the absence of applicable rules, 1ule 4F of the 1ules of Court shall be applied in a suppletory character! Se'. 7. Mo!io$ !o &#s, Wri! of E9e'&!io$ 6 2t shall not suspend the execution proceedings! .he motion shall be deemed not filed! Se'. 6. U$'"#i+e% A+o&$! 6 Se'. :. Effe'! of T,ir%-P#r! C"#i+ 6 2f the property levied on is claimed by any person other than the losing party and*or employer or its agent, such person shall make an $ffidavit of his*her title thereto or right to the possession thereof, stating the grounds of such right or title and shall file the same with the Sheriff and copies thereof served upon the 1& and upon the prevailing parties*workers!
/iling of a .hird-"arty shall not stay the execution provided that the prevailing parties*workers, on demand of the 1&! files a bond to indemnify the third-party claimant in a sum not less than the value of the property levied on! 2n case of failure on the part of the prevailing parties*workers to post bond, the 1& shall conduct a hearing with due notice to all parties concerned and resolve the validity of the .hird-"arty Claim within ten (85) working days from receipt thereof and his*her decision is appealable to the S'L within ten (85) working days from notice, and the same shall be resolved within the same period! RULE @VII Mis'e""#$eo&s Pro*isio$s Se'. 1. Pro,i(i!e% Mo!io$s 6 a! otion to dismiss b! otion for bill of particulars c! otion for reduction of bond d! otion for extension of time e! &ilatory motions for postponement f! otion for intervention g! otion to declare respondent in default h! otion for inhibition i! otion for reconsideration of interlocutory orders or interim relief orders of the 1& 7! otion to uash writ of execution and k! Such other motions and pleadings intended to obstruct or impede the proceedings! RULE @VII Tr#$si!or #$% ;i$#" Pro*isio$s
