4. Petition for Certiorari to CA against Rulings of the DOLE Secretary and NLRC Proper

General Rule

The only mode by which a labor case decided by any of the following labor authorities/tribunals may reach the Court of Appeals is through a Rule 65 petition for certiorari.

• The DOLE Secretary;
• The NLRC; and
• The Director of the Bureau of Labor Relations (BLR) in cases decided by him in his appellate jurisdiction (as distinguished from those he decides in his original jurisdiction which are appealable to the DOLE Secretary).

Requisites before filing a Petition for Review under Rule 65

Requisites before filing a Petition for Certiorari under Rule 65

A Motion for Reconsideration must have been filed before the DOLE Secretary, NLRC, or BLR Director, as the case may be. As a general rule, the aggrieved party must first move for reconsideration before filing a Rule 65 petition, subject to recognized exceptions.

A motion for reconsideration should be filed even though it is not required or even prohibited by the concerned government office. This was the rule enunciated in the 2014 case of Philtranco Service Enterprises, Inc. v. PWU- AGLO (G.R. No. 180962, 2014).

Failure to file a motion for reconsideration within the 10-day reglementary period prior to the filing of a petition for certiorari renders the NLRC decision final and executory. (J. PB: Michelin Asia Pacific Application Support System v. Ortiz, G.R. No. 189861, 2014)

Thus, while a government office may prohibit altogether the filing of a motion for reconsideration with respect to its decisions or orders, the fact remains that certiorari inherently requires the filing of a motion for reconsideration which is the tangible representation of the opportunity given to the office to correct itself.

Simply put, regardless of the proscription against the filing of a motion for reconsideration, the same may be filed on the assumption that rectification of the decision or order must be obtained and before a petition for certiorari may be instituted.

NOTE: A second motion for reconsideration is prohibited under the NLRC Rules. (G.R. No. 189861, 2014)

When Filing of a Motion for Reconsideration Not Necessary

Q: A labor dispute between X and Y was pending before the NLRC. The NLRC ruled partly in favor of Y. Dissatisfied with the decision, Y filed a motion for reconsideration which was denied. In the denial, the NLRC stated that “No further motion of similar import shall be entertained.” Without filing a motion for reconsideration, X filed a petition for certiorari before the CA. Was the action taken by X proper?

A: Yes. The resolution explicitly warned the litigating parties that the NLRC shall no longer entertain any further motions for reconsideration. This circumstance gave X the impression that moving for reconsideration before the NLRC would only be an exercise in futility in light of the tribunal's aforesaid warning. (Genpact Services v. Santos-Falceso, G.R. No. 227695, 2017)