Philippine Bar review · Question

Practice question: Commission Proper (See also RA 9347)

Multiple Choice Medium

Practice question

A party seeks ordinary review of a Labor Arbiter’s final decision and asks the NLRC en banc to decide it as a trial court. Which characterization is correct?
  1. The Commission ordinarily exercises appellate adjudication through the appropriate division
  2. The en banc body must hear new evidence as an original trial in every appeal
  3. Only the Secretary of Labor may review all Labor Arbiter decisions
  4. The employer’s board may replace the Commission by preference
  5. The Commission has no appellate jurisdiction

Legal references

  • https://lawphil.net/statutes/repacts/ra2006/ra_9347_2006.html — RA 9347, section 1: composition, divisions, en banc functions, two-Commissioner concurrence and consultation.
  • https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, sections 9 and 27: Labor Arbiter appeals and certified national-interest disputes.
  • https://nlrc.dole.gov.ph/site/faq — Official NLRC FAQ, jurisdiction categories: original injunction and certified-dispute jurisdiction, and appellate Labor Arbiter and Article129 jurisdiction.

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