Philippine Bar review · Question

Practice question: Jurisdiction

Multiple Choice Hard

Practice question

A Regional Director issues two different orders: one on an Article 129 small claim, another on an Article 128 inspection-compliance case. A lawyer proposes filing both appeals with the NLRC because both orders award wages. What is correct?
  1. Both must always go to the NLRC
  2. Both must always go to the Secretary
  3. The employee may choose either appellate body without legal limits
  4. The Article 129 appeal goes to the NLRC; the Article 128 appeal goes to the Secretary under their respective statutory provisions
  5. Neither monetary order can ever be appealed

Legal references

  • https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, section 2, amending Labor Code Article 129: aggregate PHP 5,000 per employee, no reinstatement and appeal to NLRC within five calendar days.
  • https://lawphil.net/statutes/repacts/ra1994/ra_7730_1994.html — RA 7730, Article 128(b): inspection-based compliance authority, continuing employment relationship and appeal to the Secretary.
  • https://lawphil.net/judjuris/juri2024/feb2024/gr_244695_2024.html — Manggagawa sa Komunikasyon ng Pilipinas v. PLDT, Inc., G.R. 244695, 244752 and 245294, February 14, 2024, main decision: incidental employer-employee determination during inspection.
  • https://lawphil.net/judjuris/juri2021/feb2021/gr_240144_2021.html — Del Monte Land Transport Bus Co. v. Armenta, G.R. 240144, February 3, 2021, main decision: distinct Article 128 enforcement and ordinary Labor Arbiter money adjudication.

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