Apprac Appeal From DOLE
Apprac Appeal From DOLE
Apprac Appeal From DOLE
The Hon. Secretary of Labor and Employment Agapay and Alonso, Jr. v.
Panay Veteran’s Security and Investigation Agency, Inc.
G.R. no. 167708, 22 August 2008
Doctrine of Exhaustion of
Administrative Remedies
The thrust of the rule is that courts must allow
administrative agencies to carry out their functions and
discharge their responsibilities within the specialized
areas of their respective competence.
DOLE
Powers of DOLE Secretary
Pre-Requisite for the Intervention by the SOLE: The parties must have
manifested that:
a. They voluntarily submit their potential or ongoing dispute to intervention by
the Office of the SOLE;
b. No pending notice of strike or lockout or any related complaint in relation to
their potential or ongoing dispute;
c. They shall refrain from any strike or lockout or any form of work stoppage
or filing any related complaint while the SOLE’s intervention is in effect;
d. They shall abide by the agreement reached whose terms may be enforced
through the appropriate writs issued by the SOLE;
Remedies from DOLE Secretary’s
Decision/Resolution
1. Special Civil Action for Certiorari before the Court of Appeals (Rule 65,
Rules of Court)
The aggrieved party from a decision of the SOLE may file one motion for
reconsideration within ten (10) days from receipt thereof.
If the motion for reconsideration is denied, the party may appeal via Rule
65 to the CA 60 days from receipt of the denial. Upon denial, the party may
proceed via Rule 45 to the SC. (St. Martin Funeral Home v. NLRC, G.R. No.
130866)
Remedies from DOLE Secretary’s
Decision/Resolution
Clearly, before a petition for certiorari under Rule 65 of the Rules of Court
may be availed of, the filing of a motion for reconsideration is a condition
sine qua non to afford an opportunity for the correction of the error or
mistake complained of. [PIDLTRANCO Service Enterprises Inc v. PWU –
AGLO, G.R. No. 180962 (2014)]
Remedies from DOLE Secretary’s
Decision/Resolution
2. Appeal with Office of the President (Administrative Order No. 22, Series
of 2011)
NLRC
In cases where workers or employers feel
like they are still not being heard, even
after having followed the grievance
procedure, they may raise their cases to
the NLRC.
Decision of case
NLRC Rules of Procedure
Appeal to NLRC