Philippine Bar review · Question

Practice question: Commission Proper (See also RA 9347)

Multiple Choice Medium

Practice question

The presiding Commissioner agrees with a draft decision, but no second Commissioner concurs. The required concurrence cannot be obtained with the division’s available membership. What does RA 9347 provide?
  1. The presiding Commissioner may sign a final judgment alone
  2. The employer may supply the missing vote
  3. The Chairman designates the necessary additional Commissioners from other divisions to obtain the required concurrence
  4. The employee automatically wins
  5. The entire twenty-four-member Commission must always retry the case

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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