b. Injunction (Rule X)

Original Jurisdiction

• Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party;
• Injunction in strikes or lockouts under Art. 279;
• Certified labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, certified to it by the DOLE Secretary for compulsory arbitration;
• Contempt cases.

Appellate Jurisdiction

• Petition to annul or modify the order or resolution of the LA;

Injunction from the NLRC is NOT the proper remedy against employee dismissal

The NLRC has original authority to issue an injunction in a labor dispute under Art. 225(e) [218(e)]; a case need not already be pending before the LA. An injunction is not the proper remedy against employee dismissal. (PAL v. NLRC, G.R. No. 120567, 1998)

Unlawful Activities

• For any person or entity to obstruct, impede, delay or otherwise render ineffective the orders of the Sec. or his authorized representatives issued pursuant to the authority under Art. 128.
• No inferior court shall issue temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders.

Injunctions by the NLRC

Under Art. 225 (e), the NLRC has the power to enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.

Requirements for Injunction to Issue: (Labor Code, Art. 225 (e))

• Hearing of testimony of witnesses, with opportunity for cross-examination, in support of verified complaint, and testimony in opposition thereto
• A finding of fact by the NLRC that: (see Philippine Association of Free Labor Unions v. Hon. Tan, G.R. 9115, 1956)
• Prohibited/unlawful acts will be committed or have been committed and will be continued unless restrained
• Substantial and irreparable injury will follow
• Greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of the relief
• Complainant has no adequate remedy at law
• The public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection
• Notice of hearing has been served to
• All persons against whom relief is sought
• Local Chief Executive and other public officers of the province/city charged with the duty to protect complainant’s property
• Bond in an in an amount to be fixed by the NLRC

Conditions for Ex-Parte TRO: (Sec. 14, D.O. 40-G-03, 2010)

A 20-day TRO may be issued ex-parte under the ff. conditions:

• Complainant also alleges that, unless a TRO shall be issued without notice, a substantial and irreparable injury to his property will be unavoidable
• Testimony under oath, sufficient, if sustained, to justify the issuance of a TRO after notice and hearing
• Bond in an amount to be fixed by the NLRC sufficient to recompense the improvident/erroneous issuance of such injunction/TRO
• TRO shall be effective for no longer than 20 days and shall become void at its expiration