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?
- The presiding Commissioner may sign a final judgment alone
- The employer may supply the missing vote
- The Chairman designates the necessary additional Commissioners from other divisions to obtain the required concurrence
- The employee automatically wins
- 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.
Answer this question in flashcards to review your response and continue practicing.