OFW Party List Representative Marissa “Del Mar” Magsino filed House Bill No. 9827 otherwise known as “Promoting and Expediting Labor Justice Act.’
The party list lawmaker said labor justice is needed in the prompt execution of orders and decisions rendered in labor disputes by quasi-judicial bodies such as the National Labor Relations Commission (NLRC) and the National Conciliation and Mediation Board (NCMB), particularly those in favor of the workingmen.
“A study conducted by the Commission on Human Rights (CHR) in 2021 showed that it takes an average of 7.2 years for an Overseas Filipino Worker’s (OFW) money claims case to be resolved from the time of filing of the complaint in the NLRC up to the date of a final decision by the Supreme Court. Legal maneuverings and strategies by lawyers such as endless motions and pleadings, often dilatory, slow down the proceedings, and more significantly, give their clients the time to hide their assets beyond the reach of impending execution. As a result, many plaintiff-workers (OFWs) are overwhelmed by frustration and mounting expenses, compelling them to enter into lopsided settlements and accept payments grossly less than what they are actually entitled to under the law,” said Magsino.
Magsino said part of the problem is also the execution of the decision. While the winning party may already move for the execution of the monetary award even pending appeal, the assets of the losing respondents may no longer be found, or the companies have closed or ceased operations due to insolvency, or transferred to third parties. In the end, the monetary award is practically unsatisfied, and the worker still cannot enjoy the fruits of his long and protracted legal struggle for what must rightfully accrue to him.
Hence, the OFW party list representative filled House Bill 9827 to mandate the Chairman of the NLRC (and the Secretary of Labor and Employment) to cite in contempt any person or party causing unreasonable delays or hindering the execution of decisions, orders, or awards. This aims to ensure prompt compliance with the rulings of Labor Arbiters and voluntary arbitrators, with the authority to impose specific fines and penalties for non-compliance.
Additionally, the bill grants the Chairman of the NLRC (and the Secretary of Labor) the power to issue orders to break open premises and freeze or attach properties, real or personal, to secure assets of a judgment-obligor for satisfying the judgment award. Importantly, this power must be exercised without violating any person or party’s right to due process.
The bill also addresses the satisfaction of decisions by streamlining the appeals process. It proposes allowing the decision of the NLRC to be appealed directly to the Supreme Court via a petition for certiorari under Rule 65 of the Rules of Court. This eliminates the need for the decision to pass through the Court of Appeals, making the process more practical, cost-effective, and less time-consuming.
“It has been part of my advocacy to uphold the interest of the working man, particularly our OFWs, especially in the prompt and timely execution of awards and money claims granted to them after years of litigation. Justice has been elusive for the common worker, especially when up against powerful agencies and companies. With this measure, we hope to counter this inherent inequity between them and help our workers expeditiously achieve labor justice,” said Magsino.
