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

Section 1

(a) An employee shall be entitled to an income benefit of permanent partial disability if all of the following conditions are satisfied: (1) He has been duly reported to the System; (2) He sustains the permanent partial disability as a result of the injury or sickness; and (3) The System has been duly notified of the injury or sickness which caused his disability. His employer shall be liable for the benefit if such injury or sickness occurred before the employee is duly reported for coverage to the System. (b) For purposes of entitlement to income benefits for permanent partial disability, a covered employee shall continue to receive the benefits provided thereunder even if he is gainfully employed and receiving his wages or salary.

Section 1

A party aggrieved by any order or resolution of the Labor Arbiter, including a writ of execution and other orders issued during execution proceedings, may file a verified petition to annul or modify the same. The petition may be accompanied by an application for the issuance of a temporary restraining order and/or writ of preliminary or permanent injunction to enjoin the Labor Arbiter, or any person acting under his/her authority, to desist from enforcing said resolution, order or writ. (As amended by En Banc Resolution No. 07-14, Series of 2014; En Banc Resolution No. 01-17, Series of 2017)

Section 2

The petition filed under this Rule may be entertained only if there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law, and based on any of the following grounds: If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the petitioner; If a party by fraud, accident, mistake or excusable negligence has been prevented from taking an appeal; If made purely on questions of law; or If the order or resolution will cause injustice if not rectified. (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 2

(a) The income benefit shall be paid beginning on the first month of such disability, but not longer than the designated number of months in the following schedule: A worker who sustained work-related injuries that resulted to functional loss and/or physical loss of any part of his body shall be granted Temporary Total Disability (TTD) and Permanent Partial Disability (PPD) benefits successively. Any earlier compensation for TTD that may have been paid to an injured worker shall not be deducted from the PPD benefit that may be later granted to him.(as provided under Board Resolution No. 10-09-114, September 2, 2010) (b) A loss of a wrist shall be considered a loss of the hand, and a loss of an elbow shall be considered a loss of the arm; a loss of an ankle shall be considered a loss of the foot, and a loss of a knee shall be considered a loss of the leg, a loss of more than one joint shall be considered a loss of the whole finger or toe, and a loss of only the first joint shall be considered a loss of one-half of the whole finger or toe. Other permanent partial disabilities shall be determined by the Medical Officer of the System. (c) The degree of permanent disability shall be equivalent to the ratio that the designated number of compensability bears to 75.

Section 3

(a) Any employee entitled to permanent partial disability benefit shall be paid by the System a monthly income benefit for the number of months indicated in Section 2 hereof. If the indicated number of months exceed twelve, the income benefit shall be paid in monthly pension; otherwise, the System may pay income benefit in lump sum or in monthly pension. (b) In case of permanent partial disability less than the total loss of the member, the same monthly income shall be paid for a portion of the period established for the total loss of the member in accordance with the proportion that the partial loss bears to the total loss. If the result is a decimal fraction, the same shall be rounded off to the next higher integer. (c) In case of simultaneous loss of more than one member or a part thereof, the same monthly income shall be paid for a period equivalent to the sum of the periods established for the loss of the member or part thereof but not exceeding 75. If the result is a decimal fraction, the same shall be rounded off to the higher integer. (d) The new amount of the monthly income benefit computed under these amended Rules shall be applicable to all contingencies occurring on or after January 1, 1980. However, for contingencies which occurred before May 1, 1978, the limitation of P12,000 or 5 years, whichever comes first, shall be enforced. In the case of the SSS, the present monthly income benefit of current pensioners shall be increased by 20 percent effective January 1, 1980. In the case of the GSIS, the monthly income benefits of current pensioners shall be adjusted and recomputed to reflect the 20 percent increase over the benefit under PD 1146 effective January 1, 1980.

Section 3

Not later than ten (10) calendar days from receipt of the order or resolution of the Labor Arbiter, the aggrieved party may file a petition with the Commission furnishing a copy thereof to the adverse party.

Section 4

The petition filed under this Rule shall: be accompanied by a clear original or certified true copy of the order or resolution assailed, together with clear copies of documents relevant or related to the said order or resolution for the proper understanding of the issue/s involved; contain the arbitral docket number and appeal docket number, if any; state the material date showing the timeliness of the petition; be verified by the petitioner himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended; be in the form of a memorandum which shall state the ground/s relied upon, the argument/s in support thereof and the reliefs prayed for; be in three (3) legibly written or printed copies; and be accompanied by:certificate of non-forum shopping;proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution being assailed or questioned; and proof of payment of the required fees. be accompanied by: certificate of non-forum shopping;proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution being assailed or questioned; and proof of payment of the required fees. certificate of non-forum shopping; proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution being assailed or questioned; and proof of payment of the required fees.

Section 4

Unlisted Injuries and Illnesses. — (a) In cases of injuries or illnesses not listed in the schedule under Section 2 hereof, the benefit shall be an income benefit equivalent to the percentage of the permanent loss of the capacity for work. (Non-Scheduled Disabilities).

Section 5

The Labor Arbiter shall be jointly impleaded with the private respondent as a public respondent in a nominal capacity. As used in this Rule, the private respondent refers to the party interested in sustaining the order or resolution of the Labor Arbiter. It shall be the duty of the private respondent to appear and defend, both in his/her behalf and that of the public respondent, and the cost awarded in such proceedings in favor of the petitioner shall be against the private respondent only. The public respondent shall not appear or file an answer or comment to the petition or any pleading therein.

Section 6

The party filing the pleadings shall serve the other party with copies thereof in accordance with Rule 13 of the Rules of Court furnishing the Labor Arbiter with a copy. If the last day to serve and file a pleading falls on a Saturday, Sunday or holiday, the pleading shall be served and filed on the first working day immediately following such Saturday, Sunday or Holiday.

Section 7

Within ten (10) calendar days from the receipt of the petition, the private respondent shall file his/her answer therein stating the ground/s why the petition should be denied. Failure on the part of the private respondent, to file his/her answer within the said period may be construed as a waiver to file the same.

Section 8

In case the petitioner also prays for an injunctive relief, the private respondent may file his/her verified opposition or comment to the application for injunctive relief not later than five (5) calendar days from receipt of a copy of the petition.

Section 9

Upon filing of the petition, the proceedings before the Labor Arbiter shall continue unless restrained. In case of execution, the proceedings in accordance with Rule XI of these Rules shall not be suspended, but no money collected or credit garnished may be released or personal properties levied upon be sold by public auction within fifteen (15) calendar days from the filing of the petition. If no temporary restraining order or writ of preliminary injunction is issued within the said period, the money collected or credit garnished shall be released and/or the properties levied upon sold by public auction and the proceeds of the sale applied, to satisfy the judgment. In case of execution proceedings, the Labor Arbiter shall immediately inform in writing the Commission or the Division where the petition is pending of the satisfaction of the judgment, and, if circumstances warrant, the Commission shall dismiss the petition for being moot. The records of the case shall not be elevated to the Commission unless otherwise ordered, in which case the execution proceeding shall continue pursuant to the first paragraph hereof, with the Labor Arbiter retaining copies of documents relevant and necessary for this purpose. (As amended by En Banc Resolution No. 05-14, Series of 2014) In the event of filing of a subsequent petition under this rule involving the same issues, the suspension of the release of money collected or credit garnished or the suspension of auction sale over properties levied upon under the first paragraph shall not apply. (As amended by En Banc Resolution No. 11-12, Series of 2012)

Section 10

Upon the filing of a verified application for injunctive relief, together with supporting affidavits and documents, the Commission may issue a writ of a preliminary injunction based on any of the applicable grounds provided for in Section 3, Rule 58 of the Rules of Court for the preservation of the rights of the parties pending resolution of the petition. The writ of preliminary injunction shall be effective for a non-extendible period of sixty (60) calendar days from service on the private respondent. If it shall appear from facts shown by the verified application and affidavits that great and irreparable damage and/or injury would result to the petitioner before the petition can be resolved, the Commission may issue a temporary restraining order ex-parte effective for a non-extendible period of twenty (20) calendar days from service on the private respondent. In the issuance of a temporary restraining order or writ of preliminary injunction, the Commission shall require the posting of a cash bond in the amount of Fifty Thousand Pesos (P50,000.00), or such higher amount as may be determined by the Commission, to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs. An additional cash bond may be required by the Commission in the issuance of a writ of preliminary injunction.

Section 11

The temporary restraining order or writ of preliminary injunction shall become effective only upon posting of the required cash bond. In the event that the application for a writ of preliminary injunction is denied or not resolved within the said period, the temporary restraining order is deemed automatically vacated. The application for a temporary restraining order or a writ of preliminary injunction may be denied, or if granted, may be dissolved, on any grounds provided for in Section 6, Rule 58 of the Rules of Court.

Section 12

The issuance of a temporary restraining order or a writ of preliminary injunction, unless otherwise declared by the Commission, shall not suspend the proceedings before the Labor Arbiter or stay the implementation of the writ of execution but shall only restrain or enjoin such particular act/s as therein decreed to be restrained or enjoined.

Section 13

If the Commission finds that the allegations of the petition are true, it shall: render judgment for the relief prayed for or to which the petitioner is entitled; and/or grant a final injunction perpetually enjoining the Labor Arbiter or any person acting under his/her authority from the commission of the act/s or confirming the preliminary injunction. However, the Commission may dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration, or when an appeal or any other plain, speedy and adequate remedy in the ordinary course of law is available. (As amended by En Banc Resolution No. 05-14, Series of 2014)

Section 14

The amount of damages that may be recovered by the private respondent from the injunction bond of the petitioner shall be ascertained and awarded in the decision/order/resolution finally disposing of the issue on the application for injunction.

Section 15

NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR ARBITER ARISING FROM EXECUTION PROCEEDINGS OR OTHER INCIDENTS. – Except by way of a petition filed in accordance with this Rule, no appeal from the order or resolution issued by the Labor Arbiter during the execution proceedings or in relation to incidents other than a decision or disposition of the case on the merits, shall be allowed or acted upon by the Commission.