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?
- The Commission ordinarily exercises appellate adjudication through the appropriate division
- The en banc body must hear new evidence as an original trial in every appeal
- Only the Secretary of Labor may review all Labor Arbiter decisions
- The employer’s board may replace the Commission by preference
- 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.
Answer this question in flashcards to review your response and continue practicing.