The inequitable appeal by management in labor proceedings: Does it violate the equal protection clause of the Philippine constitution?

• Main Author: Ligon, Antonio A.
• Format: text
• Published: Animo Repository 2015
• Subjects: Labor laws and legislation—Philippines; Labor and Employment Law
• Online Access: https://animorepository.dlsu.edu.ph/faculty_research/6802
• Institution: De La Salle University

The paper discusses and analyzes the execution of decisions pending appeal against management in favor of workers with monetary awards and reinstatement claim from a decision of the National Labor Relations Commissions to the higher court. The paper presents the seeming lack of protection on the part of the management on labor cases where the national labor relations commission rule in favor of the employees. Despite pending appeal by the management or the employer, and while the case is being deliberated in the appeal court either or both by Court of Appeals or Supreme Court, the employees may file for execution pending appeal, the monetary award and the reinstatement therefore is implemented against the employer. The paper will also show that despite the appeal of the management or the employer being granted or the decision for monetary award and reinstatement reversed by the Appeal Court, the management or the employer has no recourse to recover what was paid to the employees even if the appeal court rules that the national labor relations commission committed error in its decision and/or even if its decision is characterized with grave abuse of discretion. In the light of such unfairness or inequity the main issue being addressed in this paper is whether or not, such inequity is a violation of the equal protection clause provided by the Constitution. In support of the discussion and conclusion on the issue, the paper utilized actual decided cases by the Court in relation to the issue, which constitutes jurisprudence on the matter.