Labor Law and Social Legislation › Labor Adjudication › Labor Agencies › Dole › DOLE Secretary
i. Appellate Jurisdiction
Appeal of BLR’s Decision
- Denial of application for registration of a union
- Denial by the Regional Office, appeal to the BLR
- Denial is originally made by the BLR, appeal may be had to the DOLE Secretary
- Cancellation of registration of a union
- Cancellation by the Regional Office, appeal to the BLR.
- Cancellation by the BLR in a petition filed directly, appeal to DOLE Secretary by ordinary appeal
- Decision of the BLR rendered in its original jurisdiction may be appealed to the DOLE Secretary whose decision thereon may only be elevated to the CA by way of certiorari under Rule 65.
- Decision of the BLR rendered in its appellate jurisdiction may not be appealed to the DOLE Secretary but may be elevated directly to the CA by way of certiorari under Rule 65. (Abbott Laboratories Philippines, Inc. v. Abbott Laboratories Employees Union, et al., G.R. No. 131374, 2000)
Note: Unlike the NLRC which is explicitly vested with the jurisdiction over claims for actual, moral, exemplary and other forms of damages, the BLR is not specifically empowered to adjudicate claims of such nature arising from intra-union or inter-union disputes. (Mariño, Jr., et. al. v. Gamilla, et. al.,G.R. No. 132400, January 31, 2005)
Exclusive Appellate Jurisdiction
- All cases decided by the LAs, including contempt cases;
- Cases decided by the DOLE Regional Directors or his duly authorized hearing officers involving recovery of wages, simple money claims and other benefits not exceeding P5,000 and not accompanied by a claim for reinstatement.
Appeal of VA’s Decision.
Appealable by ordinary appeal under Rule 43 of the Rules of Court directly to the CA.
From the CA, the case may be elevated to the SC by petition for review on certiorari under Rule 45 of the Rules of Court. (Luzon Development Bank v. Association of Luzon Development Bank Employees,et al., G.R. No. 120319, 1995)