Keynote Presentation on the Forum with the above title on Labor Justice and the role of government agencies

1. Tuwid na Daan :Tuwid na Daan :
Towards MeaningfulTowards Meaningful
Labor JusticeLabor Justice

2. DOLE at NLRC Kaagapay ng PangulongDOLE at NLRC Kaagapay ng Pangulong
Aquino Tungo sa Matuwid Na DaanAquino Tungo sa Matuwid Na Daan
A Forum / Dialogue with theA Forum / Dialogue with the
National Labor Relations Commission,National Labor Relations Commission,
Its Role, Goals, and IssuesIts Role, Goals, and Issues
May 8, 2014, 1:00 – 5:00 pm
Great Eastern Hotel, Quezon Avenue, Quezon City

3. ““We take this opportunity to reaffirmWe take this opportunity to reaffirm
our concern for the lowly worker who,our concern for the lowly worker who,
often at the mercy of his employers,often at the mercy of his employers,
must look up to the law for hismust look up to the law for his
protection.”protection.”

4. ““Fittingly, that lawFittingly, that law
regards him withregards him with
tenderness and eventenderness and even
favor and always withfavor and always with
faith and hope in hisfaith and hope in his
capacity to help incapacity to help in
shaping the nation'sshaping the nation's
future.”future.”

5. ““It is an error to take him for granted.It is an error to take him for granted.
He deserves our abiding respect.”He deserves our abiding respect.”

6. ““How society treatsHow society treats
him will determinehim will determine
whether the knife in hiswhether the knife in his
hands shall be a caringhands shall be a caring
tool for beauty andtool for beauty and
progress or an angryprogress or an angry
weapon of defianceweapon of defiance
and revenge.”and revenge.”
Justice Isagani Cruz
G.R. No. L-58639 August 12, 1987

7. Good governance, theGood governance, the
essence of ouressence of our
government’s Tuwidgovernment’s Tuwid
na Daan call, is ana Daan call, is a
cornerstone agendacornerstone agenda
for Philippinefor Philippine
Development.Development.

8. Good governance sets the normative
standards of development. It fosters
participation, ensures transparency,
demands accountability, promotes
efficiency, and upholds the rule of law in
economic, political and administrative
institutions and processes. It is a
hallmark of political maturity but also a
requisite for growth andrequisite for growth and
poverty reductionpoverty reduction, for there are
irreducible minimum levels of
governance needed for large-scale
investment to occur and for social
programs to be supported.

9. ““goodgood
governance is angovernance is an
effective platformeffective platform
upon whichupon which
strategies shouldstrategies should
be implemented.”be implemented.”
NEDA Chief Arsenio BalisacanNEDA Chief Arsenio Balisacan

10. Clearly stated as a matterClearly stated as a matter
of government policyof government policy
framework, withoutframework, without
good governance, nogood governance, no
meaningful developmentmeaningful development
could take place.could take place.

11. ““The Philippines, under theThe Philippines, under the
leadership of Presidentleadership of President
Benigno S. Aquino III, isBenigno S. Aquino III, is
constructing a new era ofconstructing a new era of
social justice where decentsocial justice where decent
and productive workand productive work
is the linchpin ofis the linchpin of
inclusiveinclusive
growth.”growth.”
Labor SecretaryLabor Secretary
Rosalinda BaldozRosalinda Baldoz

12. Undeniably, the National LaborUndeniably, the National Labor
Relations Commission (NLRC), as theRelations Commission (NLRC), as the
lead government agency tasked tolead government agency tasked to
resolve labor-management disputes,resolve labor-management disputes,
plays a crucial and vital role inplays a crucial and vital role in
promoting and enhancing laborpromoting and enhancing labor
justice towards the attainment ofjustice towards the attainment of
decent and productive work requireddecent and productive work required
for inclusive growth.for inclusive growth.

14. ““Malinaw po:Malinaw po:
Dahil sa mas maayos naDahil sa mas maayos na
pamamalakad, natitibag na angpamamalakad, natitibag na ang
mga huling balwarte ngmga huling balwarte ng
katiwalian, at patuloy tayongkatiwalian, at patuloy tayong
nakakapaglatag ng pagkakataonnakakapaglatag ng pagkakataon
para sa ating mgapara sa ating mga
kababayan.”kababayan.”

15. In its Third Anniversary Assessment, theIn its Third Anniversary Assessment, the
Arangkada Philippines Forum, A project ofArangkada Philippines Forum, A project of
the Joint Foreign Chambers of Commerce ofthe Joint Foreign Chambers of Commerce of
the Philippines (JFC) gave the NLRC Five Starsthe Philippines (JFC) gave the NLRC Five Stars
for substantial progress in implementing itsfor substantial progress in implementing its
recommendations for reform.recommendations for reform.

16. The DOLE, in its report to the forum, submitted:The DOLE, in its report to the forum, submitted:
The 30-day mandatory conciliation-mediation throughThe 30-day mandatory conciliation-mediation through
the Single Entry Approach (SEnA) seeks to provide athe Single Entry Approach (SEnA) seeks to provide a
speedy, impartial, inexpensive, and accessiblespeedy, impartial, inexpensive, and accessible
settlement services for unresolved grievances andsettlement services for unresolved grievances and
complaints arising from employer-employee relations. Itcomplaints arising from employer-employee relations. It
covers all Regional Offices of the DOLE including itscovers all Regional Offices of the DOLE including its
Attached Agencies (NCMB,NLRC, POEA, NWPC) at allAttached Agencies (NCMB,NLRC, POEA, NWPC) at all
levels of the adjudication system.levels of the adjudication system.

17. Impressive figures were reported:Impressive figures were reported:
From October 2010 to August 31, 2012: 53,931 requests forFrom October 2010 to August 31, 2012: 53,931 requests for
assistance (RFAs) submitted under SEnA.assistance (RFAs) submitted under SEnA.
DOLE ROs settled 17,229 or 71% of the requests;DOLE ROs settled 17,229 or 71% of the requests;
NLRC settled 3,907 or 19%NLRC settled 3,907 or 19%
Other Attached Agencies settled 7,512 or 81%.Other Attached Agencies settled 7,512 or 81%.

18. ““If not for the SEnA, these 28,648If not for the SEnA, these 28,648
requests for assistance could have added to therequests for assistance could have added to the
labor cases filed at the different DOLE adjudicationlabor cases filed at the different DOLE adjudication
system. SEnA also contributed to the reduction ofsystem. SEnA also contributed to the reduction of
the regular conciliation-mediation cases of thethe regular conciliation-mediation cases of the
NCMB, both in the notices of strike and in theNCMB, both in the notices of strike and in the
preventive mediation cases. It also complementedpreventive mediation cases. It also complemented
and strengthened the bipartite workplace relationsand strengthened the bipartite workplace relations
mechanisms.”mechanisms.”

19. On NLRC Reforms: The NLRC pursuedOn NLRC Reforms: The NLRC pursued
reforms in three (3) areas: (a) quality ofreforms in three (3) areas: (a) quality of
decisions; (b) Improved dockets; and (c)decisions; (b) Improved dockets; and (c)
integrity . The quality of decisions andintegrity . The quality of decisions and
improved dockets are being addressedimproved dockets are being addressed
through the 2011 NLRC Rules of Procedure.through the 2011 NLRC Rules of Procedure.
.

20. The new rules introduced the following:The new rules introduced the following:
(1) Amended certain provisions to expedite(1) Amended certain provisions to expedite
proceedings;proceedings;
(2) Streamlined procedural requirements to ensure(2) Streamlined procedural requirements to ensure
integrity of the process and to avoid unnecessaryintegrity of the process and to avoid unnecessary
delays;delays;
(3) Expanded list of prohibited pleadings to address the(3) Expanded list of prohibited pleadings to address the
dilatory tactics resorted to by the parties;dilatory tactics resorted to by the parties;
(4) Grants authority to the Chairman to blacklist(4) Grants authority to the Chairman to blacklist
bonding companies on justifiable grounds in order tobonding companies on justifiable grounds in order to
ensure that judgment awards are fully guaranteed;ensure that judgment awards are fully guaranteed;

21. (5) Ensure immediate and effective enforcement(5) Ensure immediate and effective enforcement
of final judgments;of final judgments;
(6) New provision on third party claim;(6) New provision on third party claim;
(7) Provision on Extraordinary Remedies to(7) Provision on Extraordinary Remedies to
address the problem of multiple appeals;address the problem of multiple appeals;
(8) Strengthen the contempt power of the(8) Strengthen the contempt power of the
Commission;Commission;
(9) Grants authority to the Commission and(9) Grants authority to the Commission and
Labor Arbiters to impose fines in order to ensureLabor Arbiters to impose fines in order to ensure
compliance with orders, decisions, or awards.compliance with orders, decisions, or awards.

22. On the groundOn the ground
however, thehowever, the
situation issituation is
somewhatsomewhat
differentdifferent

23. For instance, complaintsFor instance, complaints
brought before the SEnA,brought before the SEnA,
supposedly resolvedsupposedly resolved
within 30 days, arewithin 30 days, are
scheduled for conferencescheduled for conference
two weeks after thetwo weeks after the
mandatory period.mandatory period.

24. New provisions in theNew provisions in the
2011 Rules such as the2011 Rules such as the
Extraordinary RemedyExtraordinary Remedy
have sowed confusionhave sowed confusion
and delay of justice.and delay of justice.

25. Workers haveWorkers have
sometimessometimes
ended up withended up with
nothing due tonothing due to
technicalitiestechnicalities

26. Dialogue betweenDialogue between
the stakeholdersthe stakeholders
must be made tomust be made to
thresh out the issues.thresh out the issues.

27. This Forum seeks to engageThis Forum seeks to engage
the NLRC officials to threshthe NLRC officials to thresh
out the problems andout the problems and
issues the news rules haveissues the news rules have
brought upon the laborbrought upon the labor
sector, particularly thosesector, particularly those
who are unorganized andwho are unorganized and
underrepresented.underrepresented.

28. It is hoped that through thisIt is hoped that through this
Forum, an understandingForum, an understanding
would be forged so that thewould be forged so that the
dispensation of labor justicedispensation of labor justice
might be more meaningfulmight be more meaningful
and genuine reformsand genuine reforms
towards substantialtowards substantial
inclusive growth may beinclusive growth may be
truly achieved.truly achieved.

29. Tuwid na Daan :Tuwid na Daan :
Towards MeaningfulTowards Meaningful
Labor JusticeLabor Justice

30. DOLE at NLRC Kaagapay ng PangulongDOLE at NLRC Kaagapay ng Pangulong
Aquino Tungo sa Matuwid Na DaanAquino Tungo sa Matuwid Na Daan
A Forum / Dialogue with theA Forum / Dialogue with the
National Labor Relations Commission,National Labor Relations Commission,
Its Role, Goals, and IssuesIts Role, Goals, and Issues
May 8, 2014, 1:00 – 5:00 pm
Great Eastern Hotel, Quezon Avenue, Quezon City

31. First Speaker:
Honorable Isabel P. Ortiguerra
Commissioner, Sixth Division, NLRC
“RECENT AMENDMENTS AND INNOVATIONS ON
THE NLRC RULES OF PROCEDURE TOWARDS THE
ATTAINMENT OF AN EFFICIENT AND IMPARTIAL
DISPENSATION OF LABOR JUSTICE”

32. Second Speaker:
Honorable Reynaldo R. Ubaldo
Executive Director, NCMB
“THE SINGLE ENTRY APPROACH: A JUST,
EXPEDITIOUS AND INEXPENSIVE APPROACH TO
SETTLEMENT OF LABOR DISPUTES”

33. Third Speaker:
Honorable Tiburcio Adrian S. Umbac II
Labor Arbiter, Office of the Chairman, NLRC
“DEATH AND DISABILITY COMPENSATION:
A BRIEF REVIEW OF
SUPREME COURT DECISIONS
ON SEAFARERS’ CLAIMS”

34. Fourth Speaker:
Atty. Jesus S. Silo
President, Phil. Maritime Voluntary Arbitrators
Assoc. Inc.
“VOLUNTARY ARBITRATION AS AN ALTERNATIVE
REMEDY IN RESOLVING MARITIME CLAIMS”

35. IntermissionIntermission

36. Open ForumOpen Forum