3. NLRC Procedure (2025 NLRC Rules of Procedure)

Ocular Inspection by LA & NLRC at any time during working hours

The Chairman, any Commissioner, LA, or their duly authorized representatives, may at any time during work hours, conduct ocular inspection. (2011 NLRC Rules of Procedure, Rule X, Sec. 5)

Prohibited Second Motions

Sec. 15 of the NLRC RULES OF PROCEDURE prohibits a party from questioning a decision, resolution, or order, twice. However, a decision substantially reversing a determination in a prior decision is a discrete decision from the earlier one. Where a tribunal renders a decision substantially reversing itself on a matter, a motion for reconsideration seeking reconsideration of this reversal, for the first time, is not a prohibited second motion for reconsideration. (Cristobal v. Philippine Airlines, Inc., G.R. No. 201622, 2017.)

Appeal of LA’s Decision

Appeal from the decision of the LA is brought by ordinary appeal to the NLRC within 10 calendar days from receipt of the decision. (Vir-jen Shipping and Marine Services v. NLRC, G.R. No. 58011-12, 1982)

The 10-day period is reckoned from receipt by counsel of the final decision, order or award. It applies to appeals from the LA to the NLRC, not to recourse from the NLRC to the CA. An NLRC ruling may instead be challenged before the CA by a Rule 65 petition for certiorari, generally within 60 days from notice of the ruling or denial of a timely motion for reconsideration. (Rule 65, Sec. 4, Rules of Court, as amended by A.M. No. 19-10-20-SC; Sy. v. Fairland Knitcraft, G.R. No. 182915, 2011)

This 10-day period is both mandatory and jurisdictional in nature. (Charter Chemical & Coating Corp v. Tan, G.R. No. 163891, 2009)

NOTE: There is no appeal from the decision of the NLRC. The only way to elevate the case to the CA is by way of special civil action of certiorari under Rule 65, Rules of Court.

From the ruling of the CA, it may be elevated to the SC by petition for review on certiorari under Rule 45 of the Rules of Civil Procedure. (St. Martin Funeral Home v. NLRC, et al., G.R. No. 130866, 1998)