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

Section 1

(a) The beneficiaries of a deceased employee shall be entitled to an income benefit if all of the following conditions are satisfied: (1) The employee has been duly reported to the System; (2) He died as a result of an injury or sickness; and (3) The System has been duly notified of his death, as well as the injury or sickness which caused his death. His employer shall be liable for the benefit if such death occurred before the employee is duly reported for coverage to the System. (b) If the employee has been receiving monthly income benefit for permanent total disability at the time of his death, the surviving spouse must show that the marriage has been validly subsisting at the time of his disability. In addition, the cause of death must be a complication or natural consequence of the compensated Permanent Total Disability. (as provided under Board Resolution No. 19-09-116, dated Sept. 2, 2010)

Section 1

The seal of the National Labor Relations Commission shall be of standard size, circular, with the inscription, running from left to right on the upper outside edge, the words “NATIONAL LABOR RELATIONS COMMISSION”, and the lower outside edge, the words “REPUBLIC OF THE PHILIPPINES”, with a design at the center containing the coat of arms of the Department of Labor and Employment.

Section 2

Period of Entitlement. — A. For Primary Beneficiaries: (a) The income benefit shall be paid beginning at the month of death and shall continue to be paid for as long as the beneficiaries are entitled thereto. With respect to the surviving legitimate spouse, the qualification is that he/she has not remarried. For the dependent children, the qualifications are: a. Unmarried; b. Not gainfully employed; and c Over 21 years of age provided he/she is incapable of self-support due to a physical or mental defect which is congenital or acquired during minority. (as provided under Board Resolution No. 12-07-16, dated July 27, 2012) (b) The monthly income benefit shall be guaranteed for five years which in no case shall be less than fifteen thousand pesos (P15,000.00). Thereafter, the beneficiaries shall be paid the monthly income benefit for as long as they are entitled thereto. (ECC Resolution No. 2799, July 25, 1984). B. For Secondary Beneficiaries: (a) The income benefit shall be sixty (60) times the monthly income benefit of a primary beneficiary which in no case be less than P15,000.00, which shall likewise be paid in monthly pension. (ECC Resolution No. 2799, July 25, 1984).

Section 2

The Executive Clerk shall assist the Commission when sitting En Banc and when acting through the First Division, and shall perform such similar or equivalent functions and duties as are discharged by the Clerk of Court of the Court of Appeals.

Section 3

The Deputy Executive Clerks of the other Divisions shall assist the Commission when acting through its Division, and shall perform similar functions and duties as discharged by the Deputy Clerks of Court of the Court of Appeals, and as enumerated herein as functions of the Executive Clerk relative to their respective Divisions. (3a)

Section 3

(a) In the case of primary beneficiaries, the monthly income benefit shall be equivalent to the monthly income benefit for permanent total disability, which shall be guaranteed for five years, increased by ten percent for each dependent child but not exceeding 5, beginning with the youngest and without substitution: Provided That, The aggregate monthly benefit payable in the case of the GSIS shall in no case exceed the monthly wage or salary actually received by the employee at the time of his death; and Provided Further, That the minimum income benefit shall not be less than Fifteen Thousand Pesos (P15,000.00). The death benefit shall be paid during the entire period for which they are entitled thereto. If the employee has been receiving income benefits for permanent total disability at the time of his death, the primary beneficiaries shall be paid the monthly income benefit equivalent to eighty percent plus the dependent's pension equivalent to 10 percent thereof for every dependent child but not exceeding five counted from the youngest and without substitution. (b) In the case of secondary beneficiaries, the income benefit is payable in monthly pension which shall not exceed the period of 60 months and the aggregate income benefit shall not be less than P15,000.00. If the employee has been receiving monthly income benefit for permanent total disability at the time of his death, the secondary beneficiaries shall be paid the monthly pension, excluding the dependent's pension of the remaining balance of the five year guaranteed period. (ECC Resolution No. 2799, July 25, 1984).

Section 4

DUTIES AND FUNCTIONS OF THE EXECUTIVE CLERK AND DEPUTY EXECUTIVE CLERKS. – Custody of Seal and Books. – He/she shall keep in his/her care and custody the Seal of the Commission, together with all the books necessary for the recording of the proceedings of the Commission, including the records, files and exhibits; Filing of Pleadings. – He/she shall receive and file all cases and pleadings and documents indicating thereon the date and time filed. All pleadings shall be filed in three (3) legibly typewritten copies in legal size; Raffle and Assignment of Cases. – He/she shall assign appealed cases for study or report strictly by raffle or as directed by the Chairman. In this connection, the raffle of cases for study or report must be attended by the duly designated representative of the Members of the appropriate Division; Service of Processes, Orders and Decisions. – He/she shall serve parties and counsel processes, notices of hearings, copies of decisions, resolutions or orders issued by the Commission by registered mail, by courier authorized by the Commission or by personal service and immediately attach the returns or proofs of delivery thereof to the records; (As amended by En Banc Resolution No. 05-14, Series of 2014) Commission Calendar and Minutes Book. – He/she shall prepare the Commission or Division calendars of sessions, attend such sessions personally and immediately prepare the minutes thereof. For this purpose, he/she shall keep a minutes book; General Docket. – The Executive Clerk shall keep a general docket for the Commission, each page of which shall be numbered and prepared for receiving all the entries in a single page, and shall enter therein all original and appealed cases before it, numbered consecutively in the order in which they were received and, under the heading of each case, the date and hour of each pleading filed, of each order, decision or resolution entered, and of each other step or action taken in the case; so that, by reference to any single page, the history of the case may be known; Promulgation and Promulgation Book. – He/she shall promulgate decisions and final resolutions on the same date the same is filed with his/her office and indicate the date and time of promulgation and attest the same by his/her signature on the first page thereof. He/she shall immediately furnish the Chairman with a copy of such decision, resolution, or order with a summary of the nature thereof and the issue involved therein. He/she shall keep a promulgation book which indicates the date and time of promulgation, the case number, title of the case, the ponente, the nature of the decision or final resolution and the action taken by the Commission by quoting the dispositive portion thereof. He/she shall certify as true, copies of the decision, resolution or order promulgated by his/her respective Divisions and sign notices of the same. Notices of said decisions, resolutions or orders shall be sent in sealed envelopes to parties and their respective counsel, if practicable, within forty-eight (48) hours from promulgation; (As amended by En Banc Resolution No. 07-14, Series of 2014; En Banc Resolution No. 02-15, Series of 2015) Entry of Judgment. – He shall keep a book of entries of judgment, decisions, resolutions and orders containing in chronological order the entries of all final decisions, resolutions and orders of the Commission; Disposition and Remand of Records. – Upon entry of judgment, he/she shall immediately remand the records of the case to the Regional Arbitration Branch of origin, Regional Director or his/her duly authorized officer, as the case may be. The Records Unit shall immediately post said records without delay within two (2) working days; Monthly Accomplishment Reports. – He/she shall submit a monthly accomplishment report of the Commission or Division not later than the 7th day of the following month; Other Functions. – He/she shall perform other functions as directed by the Chairman or the Commission En Banc. (4a) The Chairman may authorize any personnel in the Division to perform functions as stated in paragraph (g) hereof. (En Banc Resolution No. 05-14, Series of 2014)

Section 4

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 benefit of the current pensioners shall be adjusted and recomputed to reflect the 20 percent increase over the benefit under PD 1146 effective January 1, 1980.

Section 5

The Board Secretaries of the Commission shall assist the Executive Clerk or Deputy Executive Clerks in the performance of their duties and functions relative to the Commission or their respective Divisions.

Section 5

The new amount of lump sum benefit computed under these Amended Rules shall be applicable to all contingencies occurring on or after May 1, 1980, otherwise entitlement thereto shall be governed by the immediately preceding Section.

Section 6

Unless otherwise restricted by Section 8 hereof, the Executive Clerk, Deputy Executive Clerks, and the authorized officers of the Regional Arbitration Branches shall prepare, for any person asking for the same, a certified copy, under the Seal of the Commission, of any paper, record, decision, resolution, order or entry by and in his/her office, proper to be certified, after payment of the standard fees to the Commission duly receipted for: Provided that, a pauper litigant, as defined by law, shall be exempted from paying any fee for certified copies of any document, including transcripts of stenographic notes.

Section 7

The Chairman, Members of the Commission, the Executive Clerk, the Deputy Executive Clerks, the Executive Labor Arbiters, the Labor Arbiters, and other persons designated or commissioned by the Chairman of the Commission, shall have the power to administer oath on all matters or proceedings related to the performance of their duties.

Section 8

All decisions, resolutions and orders of the Commission shall be open to the parties to the case and their counsel or authorized representative during regular office hours. Access to pleadings and other documents filed by parties to a case are restricted. However, reports, drafts of decisions, records of deliberations or documents of the Commission involving private rights shall be confidential. (As amended by En Banc Resolution No. 11-12, Series of 2012)