interest in the federation or association to which

they belong. The Commission may sit en banc

or in five (5) divisions, each composed of three
NATIONAL LABOR RELATIONS (3) members. Subject to the penultimate
COMMISSION sentence of this paragraph, the Commission
shall sit en banc only for purposes of
Chapter I promulgating rules and regulations governing
the hearing and disposition of cases before any
CREATION AND COMPOSITION of its divisions and regional branches, and
formulating policies affecting its administration
Art. 213. National Labor Relations Commission. and operations. The Commission shall exercise
There shall be a National Labor Relations its adjudicatory and all other powers, functions,
Commission which shall be attached to the and duties through its divisions. Of the five (5)
Department of Labor and Employment for divisions, the first, second and third divisions
program and policy coordination only, composed shall handle cases coming from the National
of a Chairman and fourteen (14) Members. Five Capital Region and the parts of Luzon; and the
(5) members each shall be chosen from among fourth and fifth divisions, cases from the Visayas
the nominees of the workers and employers and Mindanao, respectively; Provided that the
organizations, respectively. The Chairman and Commission sitting en banc may, on temporary
the four (4) remaining members shall come from or emergency basis, allow cases within the
the public sector, with the latter to be chosen jurisdiction of any division to be heard and
from among the recommendees of the Secretary decided by any other division whose docket
of Labor and Employment. Upon assumption allows the additional workload and such transfer
into office, the members nominated by the will not expose litigants to unnecessary
workers and employers organizations shall additional expense. The divisions of the
divest themselves of any affiliation with or Commission shall have exclusive appellate
 jurisdiction over cases within their respective the effective absence or incapacity of the
territorial jurisdictions. [As amended by Republic Chairman, the Presiding Commissioner of the
Act No. 7700]. The concurrence of two (2) second division shall be the Acting Chairman.
Commissioners of a division shall be necessary The Chairman, aided by the Executive Clerk of
for the pronouncement of judgment or resolution. the Commission, shall have administrative
Whenever the required membership in a division supervision over the Commission and its
is not complete and the concurrence of two (2) regional branches and all its personnel,
commissioners to arrive at a judgment or including the Executive Labor Arbiters and Labor
resolution cannot be obtained, the Chairman Arbiters. The Commission, when sitting en banc
shall designate such number of additional shall be assisted by the same Executive Clerk
Commissioners from the other divisions as may and, when acting thru its Divisions, by said
be necessary. The conclusions of a division on Executive Clerks for the second, third, fourth and
any case submitted to it for decision shall be fifth Divisions, respectively, in the performance
reached in consultation before the case is of such similar or equivalent functions and duties
assigned to a member for the writing of the as are discharged by the Clerk of Court and
opinion. It shall be mandatory for the division to Deputy Clerks of Court of the Court of Appeals.
meet for purposes of the consultation ordained (As amended by Section 5, Republic Act No.
herein. A certification to this effect signed by the 6715, March 21, 1989)
Presiding Commissioner of the division shall be
issued and a copy thereof attached to the record Art. 214. Headquarters, Branches and Provincial
of the case and served upon the parties. The Extension Units. The Commission and its First,
Chairman shall be the Presiding Commissioner Second and Third divisions shall have their main
of the first division and the four (4) other offices in Metropolitan Manila, and the Fourth
members from the public sector shall be the and Fifth divisions in the Cities of Cebu and
Presiding Commissioners of the second, third, Cagayan de Oro, respectively. The Commission
fourth and fifth divisions, respectively. In case of shall establish as many regional branches as
 there are regional offices of the Department of Arbiters and Labor Arbiters who have been
Labor and Employment, subregional branches or engaged in the practice of law for at least five (5)
provincial extension units. There shall be as years may be considered as already qualified for
many Labor Arbiters as may be necessary for purposes of reappointment as such under this
the effective and efficient operation of the Act. The Chairman and the other
Commission. Each regional branch shall be Commissioners, the Executive Labor Arbiters
headed by an Executive Labor Arbiter. (As and Labor Arbiters shall hold office during good
amended by Section 6, Republic Act No. 6715, behavior until they reach the age of sixty-five
March 21, 1989) years, unless sooner removed for cause as
provided by law or become incapacitated to
Art. 215. Appointment and Qualifications. The discharge the duties of their office. The
Chairman and other Commissioners shall be Chairman, the division Presiding Commissioners
members of the Philippine Bar and must have and other Commissioners shall be appointed by
engaged in the practice of law in the Philippines the President, subject to confirmation by the
for at least fifteen (15) years, with at least five (5) Commission on Appointments. Appointment to
years experience or exposure in the field of any vacancy shall come from the nominees of
labor-management relations, and shall the sector which nominated the predecessor.
preferably be residents of the region where they The Executive Labor Arbiters and Labor Arbiters
are to hold office. The Executive Labor Arbiters shall also be appointed by the President, upon
and Labor Arbiters shall likewise be members of recommendation of the Secretary of Labor and
the Philippine Bar and must have been engaged Employment and shall be subject to the Civil
in the practice of law in the Philippines for at Service Law, rules and regulations. The
least seven (7) years, with at least three (3) Secretary of Labor and Employment shall, in
years experience or exposure in the field of consultation with the Chairman of the
labor-management relations: Provided, Commission, appoint the staff and employees of
However, that incumbent Executive Labor the Commission and its regional branches as the
 needs of the service may require, subject to the salaries, allowances and benefits of the
Civil Service Law, rules and regulations, and aforementioned officials. (As amended by
upgrade their current salaries, benefits and other Section 8, Republic Act No. 6715, March 21,
emoluments in accordance with law. (As 1989)
amended by Section 7, Republic Act No. 6715,
March 21, 1989)

Art. 216. Salaries, benefits and other

emoluments. The Chairman and members of the
Commission shall receive an annual salary at
least equivalent to, and be entitled to the same
allowances and benefits as those of the
Presiding Justice and Associate Justices of the
Court of Appeals, respectively. The Executive
Labor Arbiters shall receive an annual salary at
least equivalent to that of an Assistant Regional
Director of the Department of Labor and
Employment and shall be entitled to the same
allowances and benefits as that of a Regional
Director of said Department. The Labor Arbiters
shall receive an annual salary at least equivalent
to, and be entitled to the same allowances and
benefits as that of an Assistant Regional Director
of the Department of Labor and Employment. In
no case, however, shall the provision of this
Article result in the diminution of existing