Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

The Commission shall exercise exclusive, original, and appellate jurisdiction in accordance with law.

Section 1

The RCC, with the Regional Tripartite Efficiency and Integrity Board (RTEIB), shall act as the regional oversight committee to verify, monitor and assess the following: a) Establishment of the SEAD; b) Performance and functions of the SEADO; c) Implementation of SEnA at the regional level with specific targets in terms of improvement of the regional performance; d) Coordination among the RCC members to ensure the implementation of the SEnA; and e) Submission of the performance monitoring report of the RCC members.

Section 1

The benefits under Employees Compensation are in the form of income or services, and consist of the following: (1) Medical services, appliances and supplies; (2) Rehabilitation services; (3) Temporary total disability benefit; (4) Permanent total disability benefit; (5) Permanent partial disability benefit; (6) Death benefit; and (7) Funeral benefit. (8) Carer's Allowance (as provided under BR No. 90-12-0090, dated Dec. 20, 1990 and under Executive Order (E.O.) No. 134 ["Granting of Carer's Allowance to EC PPD and PTD Pensioners in the Public Sector, date of effectivity: May 31, 2013)

Section 2

(a) A total disability is temporary if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days, except as otherwise provided for in Rule X of these Rules. (b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules. (c) A disability is partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body.

Section 2

The Regional Director, as Head of the RCC, shall ensure the effective implementation of the SEnA in the region and shall: a) Regularly convene the RCC on mandatory conciliation-mediation services matters with the participation of the tripartite partners; b) Identify the training needs for SEADOs; and c) Submit a performance monitoring report of the RCC members.

Section 2

The conclusion of an agreement does not per se terminate the responsibility of the Conciliator- Mediator over the case. He/she must monitor the implementation and compliance therewith.

Section 2

(a) Composition. – Unless otherwise provided by law, the Commission shall be composed of the Chairman and of twenty three (23) Commissioners. (b) Commission En Banc. – The Commission shall sit En Banc only for purposes 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. It may, on temporary or emergency basis, allow cases within the jurisdiction of any Division to be heard by any other Division whose docket allows the additional workload and such transfer will not expose litigants to unnecessary additional expense. (c) Divisions. – Unless otherwise provided by law, the Commission shall exercise its adjudicatory 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 act as 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 coming from Luzon; the Seventh Division, appealed cases from the Visayas Region; and the Eighth Division, appealed cases from Mindanao including those from the Autonomous Region for Muslim Mindanao. (d) Headquarters. – As provided by law, the Commission and its First, Second, Third, Fourth, Fifth and Sixth Divisions for Luzon shall have their main offices in the National Capital Region, and the Seventh and Eighth Divisions for Visayas and Mindanao, in the cities of Cebu and Cagayan de Oro, respectively. (2a)

Section 3

The SEADOs shall report their monthly accomplishments using the prescribed form and submit the same on or before the 5th day of the following month to the Head of Office through the SEnA focal person. Partial settlement shall be included in the monthly accomplishment report but shall be considered settled only upon payment of the last installment. The Head of Office shall submit the monthly consolidated SEnA report to the National Conciliation and Mediation Board as the Secretariat, on or before the 10th day of the following month. The Secretariat shall submit a consolidated DOLE-wide SEnA Accomplishment Report to the Secretary of Labor and Employment, on or before the 15th day of the following month. Every DOLE office or agency shall have separate records and monitoring systems in accordance with this IRR.

Section 3

The Chairman shall preside over all sessions of the Commission En Banc. He/she is the Presiding Commissioner of the First Division. In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner of the Second Division shall be the Acting Chairman. The Chairman, aided by the Executive Clerk of the Commission, shall have administrative supervision over the Commission and its Regional Arbitration Branches and all its personnel including the Executive Labor Arbiters and Labor Arbiters.

Section 3

The disability or death resulting from the injury or sickness is compensable by cash payments, and not the injury or sickness itself, except in the case of permanent partial disability.

Section 3-A

In the case where the period covered for payment of income benefit for permanent partial disability does not exceed twelve months, the System may pay in lump sum or in monthly pension, otherwise income benefit shall be paid in monthly pension.

Section 4

The injury or sickness is compensable by medical services, appliances, supplies and rehabilitation services.

Section 4

The Human Resource Development Services (HRDS) and the National Conciliation and Mediation Board (NCMB), as National and Regional Training Teams, shall ensure that the training requirements for conciliation-mediation are delivered. The HRDS shall be the lead office on training and shall submit a coordinative training plan for conciliation-mediation to the Undersecretary for Labor Relations every year-end and planning activity of the DOLE.

Section 4

(a) Commission En Banc. – The Chairman shall call the Commission to an En Banc session at least twice a year, preferably on the first week of June and the first week of December, to deliberate and decide on any matter before it. However, a majority of all the members of the Commission may call a Special En Banc session 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. (c) Division. – The presence of at least two (2) Commissioners of a Division shall constitute a quorum. The concurrence of two (2) Commissioners of a Division shall be necessary for the pronouncement of a judgment or resolution. Whenever the required membership in a Division is not complete and/or the concurrence of two (2) Commissioners cannot be obtained to arrive at a judgment or resolution, the Chairman shall designate such number of additional Commissioners belonging to the same sector from the other Divisions as may be necessary. In the event that all the members of a division inhibit themselves from resolving a case, the Chairman may create a Special Division or assign the case to any of the other Divisions. (d) Role of Chairman in the Division. – The Chairman of the Commission may convene and preside over the session of any Division to consider any case pending before it and participate in its deliberations, if in his/her judgment, his/her presence therein will best serve the interests of labor justice. He/she shall not however, participate in the voting by the Division, except when he/she is acting as Presiding Commissioner of the Division in the absence of the regular Presiding Commissioner. (4a)

Section 5

No contract, regulation or device whatsoever shall operate to deprive the employee or his dependents of any part of the income benefits, and medical or related services, except as provided under these Rules. Existing medical services being provided by the employer shall be maintained and continued to be enjoyed by his employees.

Section 5

The conclusions of a Division on 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. A certification to this effect signed by the Presiding Commissioner of the Division shall be issued and a copy thereof attached to the record of the case and served upon the parties.

Section 5

In the absence of any applicable provision in this IRR, and in order to carry out its objectives, the pertinent provisions of the DOLE NCMB rules on conciliation-mediation may, in the interest of expeditious settlement of disputes, and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

Section 6

Should any member of a Division indicate his/her intention to write a dissenting opinion, he/she may file the same within the period prescribed for deciding or resolving the appeal; otherwise, such written dissenting opinion shall not be considered part of the records of the case.

Section 6

The National Tripartite Industrial Peace Council (NTIPC) as created under Executive Order No. 49, Series of 1998 and institutionalized under Republic Act No. 10395, shall serve as the oversight committee to monitor compliance with this IRR.

Section 6

(a) No claim for compensation shall be given due course unless said claim is filed with the System within three years from the time the cause of action accrued. (as provided under ECC Resolution No. 2799, July 25, 1984). (b) Reckoning Date of the Three-Year Prescriptive Period. b.1. Sickness — from the time the employee lost his earning capacity (as amended by BR No. 11-04-10, April 28, 2011) b.2. Injury — from the time it was sustained (as provided under BR No. 93-08-0068, August 5, 1993 which was reiterated in Circular No. 03-709, dated July 22, 2009) b.3. Death — from the time of death of the covered employee. (as provided under BR No. 93-08-0068, August 5, 1993 which was reiterated in Circular No. 03-709, dated July 22, 2009) (c) Period of Filing in case of Presumptive Death — The beneficiaries may file their claims for EC death with funeral benefits within the three-year prescriptive period from the time the missing person has been presumed dead after the lapse of four years from the occurrence of the incident. (as amended by BR No. 14-07-20, dated July 28, 2014) (d) The three-year prescriptive period for filing of claim for EC Permanent Total Disability (PTD) benefits should be reckoned from the time the employee was terminated from his employment due to illness. (as amended by BR No. 11-04-10, April 28, 2011) (e) The three-year prescriptive period on claims for Temporary Total Disability (TTD) benefits for multiple confinements for the same illness should be counted from the last confinement or from the last time the employee was unable to report for work due to the same illness, whichever is applicable. (as amended by BR No. 14-03-09, Mar. 25, 2014) (f) When a claimant filed a claim for disability or death benefits before the Systems either under the SSS law or the GSIS law, the claim for the same benefits under the Employees' Compensation Law should be considered as filed. (as amended by BR No. 10-03-45, dated March 17, 2010) (g) The filing of disability or death benefits either under the SSS law or the GSIS law within three years from the time the cause of action accrued would stop the running of the prescriptive period under P.D. 626, as amended. (as amended by BR No. 10-03-45, dated March 17, 2010)

Section 7

No motion to inhibit the entire Division of the Commission shall be entertained. However, any Commissioner may inhibit himself/herself from the consideration and resolution of any case or matter before the Division and shall so state in writing the legal or justifiable grounds therefor. In the event that a member inhibits himself/herself, the case shall be raffled by the Executive Clerk or Deputy Executive Clerk to either of the two (2) remaining Commissioners. In case two (2) Commissioners in a Division inhibit themselves in a case or matter before it, the Chairman shall, as far as practicable, designate two (2) Commissioners from other Divisions representing the respective sector of the Commissioners who inhibited themselves. (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 8

In the event of an abstention, and the concurrence of two (2) Commissioners to arrive at a judgment or resolution cannot be obtained, Section 4 (c), second paragraph, of this Rule shall apply.

Section 9

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 case number is assigned. Notice of the consolidation shall be given by the Executive Clerk or Deputy Executive Clerk to the other members of the concerned Divisions.

Section 10

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 any proceeding before the Commission, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any Presiding Commissioner or Commissioner to exercise complete control of the proceedings at all stages.

Section 12

In the resolution of cases on appeal, and those mentioned in Rules VIII and X, 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 proceedings, hear and receive evidence, and submit reports thereon. (12a) (As amended by En Banc Resolution No. 01-13, Series of 2013)

Section 13

The decision, resolution and order of the Commission shall state clearly and distinctly the findings of facts, issues, and conclusions of law on which it is based, and the relief granted, if any. If the decision, resolution or order involves monetary awards, the same shall contain the specific amount awarded as of the date the decision is rendered.

Section 14

(a) Finality of the Decisions, Resolutions or Orders of the Commission. – Except as provided in Section 9 of Rule X, the decisions, resolutions 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 the parties if not assisted by counsel or representative. (b) Entry of Judgment. – Upon the expiration of the ten (10) calendar day period provided in paragraph (a) of this Section, the decision, resolution, 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 authorized by the Commission or other proofs of service to the parties, the Executive Clerk or Deputy Executive Clerk shall consider the decision, resolution or order as final and executory after sixty (60) calendar days from date of mailing. (14a) (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 15

Motion for reconsideration of any decision, resolution or order of the Commission shall not be entertained except when based on palpable or patent errors; provided that the motion is filed within ten (10) calendar days from receipt of decision, resolution or order, with proof of service that a copy of the same has been furnished, within the reglementary period, the adverse party; and provided further, that only one such motion from the same party shall be entertained. (15a)