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Rule 65 From Decision of NLRC To CA
Rule 65 From Decision of NLRC To CA
Rule 65 from decision of NLRC to CA procedure for the selection of such arbitrators, preferably from the
listing of the VA accredited board. In case parties fail to select,
SPA. Judicial review of decisions board shall designate pursuant to the prodecure in CBA which
of the NLRC is sought via a petition shall act with the same force and effecs as if the parties selected
for certiorari under Rule 65 of the Rules of them themselves.
Court, and the petition should be filed before
the CA, following the strict observance of
6.Appeal from the regional director under article 129
the hierarchy of courts. Under Rule 65,
Appeal to NLRC
Section 4, petitioners are allowed sixty (60)
days from notice of the assailed order or
resolution within which to file the petition. Under Article 129, the Regional Director or any
Thus, although the petition was not filed of the duly authorized hearing officers of DOLE
within the 10-day period, petitioners
reasonably filed their petition have jurisdiction over claims for recovery of
for certiorari before the CA within the 60- wages, simple money claims and other benefits,
day reglementary period under Rule 65.
provided that:
Confined only to issues of 1. the claim must arise from employer-
jurisdiction or grave abuse of discretion. It employee relationship;
is, thus, incumbent upon petitioners to
satisfactorily establish that the NLRC acted 3. the claimant does not seek
capriciously and whimsically in order that reinstatement; and
the extraordinary writ of certiorari will lie. 4. the aggregate money claim of each employee
By grave abuse of discretion is meant such
capricious and whimsical exercise of does not exceed P5,000.00.
judgment as is equivalent to lack of
jurisdiction, and it must be shown that the
discretion was exercised arbitrarily or
UNDER ARTICLE 129 INVOLVING RECOVERY OF
despotically. WAGES, SIMPLE MONEY CLAIMS AND OTHER
2. Rule 45 decision of CA to SC BENEFITS NOT EXCEEDING P5,000 AND NOT
ACCOMPANIED BY CLAIM FOR
Verified petition for review on certiorari
Shall raise only questions of law.
REINSTATEMENT - The decision is appealable to
15 days period of appeal from decision or new trial the NLRC
6. Appeal from the regional director under article 128