4 lalayabalaals2014blaborii the labor arbiter shall

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Unformatted text preview: May
 a
 division
 of
 the
 NLRC
 defeat
 a
 final
 judgment
 of
 the
 labor
 arbiter
 by
 entertaining
 a
 petition
 for
 injunction
 and
 damages
 and
 by
 receiving
evidence
regarding
the
indebtedness?
NO
 The
 NLRC
 SHOULD
 NOT
 have
 entertained
 the
 separate
 action
 for
 injunction
 and
 damages.
 It
 was
 an
 obvious
 scheme
 to
 defeat
 the
 decision
 of
 the
 labor
 arbiter.
 The
 Labor
 Code
 does
 not
 provide
 blanket
authority
to
the
NLRC
or
any
of
its
divisions
 to
issue
writs
of
injunctions.
 Appeal
of
employer
was
not
from
thedecision,
but
 from
the
order
of
the
labor
arbiter,
denying
the
set‐ off.
 Hence,
 employer
 admitted
 the
 executory
 character
of
the
judgment.
 Besides,
no
showing
that
indebtedness
asserted
by
 employer
 arose
 out
 of
 the
 employer‐employee
 o • • 11
 2. relationship.
 Hence,
 the
 labor
 arbiter
 did
 not
 have
 jurisdiction
 over
 that
 claim.
 If
 a
 claim
 does
 not
 fall
 within
the
exclusive
original
jurisdiction
of
the
Labor
 Arbiter,
the
NLRC
cannot
have
appellate
jurisdiction
 thereon.
 Power
to
issue
injunction
or
TRO
 • Injunction
power
is
the
power
to
command
that
an
act
be
done
or
not
 done.
It
may
either
require,
forbid,
or
stop
the
doing
of
an
act
 • Injunction
or
restraining
orders
are
frowned
upon
as
a
matter
of
labor
 relations
policy
 • Action
 for
 injunction
 is
 distinct
 from
 the
 ancillary
 remedy
 of
 preliminary
 injunction
 which
 cannot
 exist
 except
 only
 as
 part
 or
 an
 incident
of
an
independent
action
or
proceeding
 • Under
the
present
state
of
the
law,
the
main
action
of
injunction
seeks
 a
 judgment
 embodying
 a
 final
 injunction
 which
 is
 distinct
 from,
 and
 should
 not
 be
 confused
 with
 the
 provisional
 remedy
 of
 preliminary
 injunction,
the
sole
object
of
which
is
to
preserve
the
status
quo
until
 the
 merits
 can
 be
 herd.
 A
 writ
 of
 preliminary
 injunction
 is
 generally
 based
 solely
 on
 initial
 and
 incomplete
 evidence.
 Evidence
 submitted
 during
 the
 hearing
 on
 an
 application
 for
 a
 writ
 of
 preliminary
 injunction
 is
 not
 conclusive
 or
 complete
 for
 only
 a
 “sampling”
 is
 needed
 to
 give
 the
 trial
 court
 an
 idea
 of
 the
 justification
 for
 the
 preliminary
injunction
pending
the
decision
of
the
case
on
the
merits.
 • Reasons
for
the
petition
for
injunction
must
be
specified,
but
it
is
not
 necessary
 to
 allege
 in
 verbatim
 the
 requisites
 for
 the
 issuance
 of
 the
 temporary
 restraining
 order
 and/or
 writ
 of
 preliminary
 injunction
 under
Article
218
(e)
of
the
Labor
Code
 • Where
 the
 NLRC
 did
 not
 follow
 and
 observe
 the
 procedure
 outlined
 and
 provided
 for
 the
 Labor
 Code
 in
 issuing
 the
 preliminary
 writ
 of
 prohibitory
 injunction,
 the
 said
 writ
 is
 illegal
 and
 void,
 although
 the
 court
had
jurisdiction
to
issue
it
 • Injunction
by
labor
arbiter
 o Rules
of
Procedure
(1990)
of
the
NLRC
 
ancillary
power
 of
 issuing
 preliminary
 injunction
 or
 a
 restraining
 order
 “may
be
exercised
by
the
Labor
Arbiter
only
as
an
incident
 to
the
cases
pending
before
them
in
order
to
preserve
the
 rights
of
the
parties
during
the
pendency
of
the
cases
but
 excluding
labor
disputes
involving
strie
or
lockout
 o NOW,
2002
and
2005
NLRC
Rules
 
the
above
statement
 no
 longer
 appears;
 Commissioner
 Veloso
 said
 that
 the
 labor
 arbiter
 is
 “excluded
 statutorily,”
 hence
 no
 NLRC
 Rules
can
grant
him
that
power
 • Requisites
for
issuance
of
restraining
order
or
injunction
 o Restraining
 orders
 or
 injunctions
 DO
 NOT
 issue
 ex
 parte
 and
only
after
compliance
with
the
following
requisites:
 A
 hearing
 held
 “after
 due
 and
 personal
 notice
 thereof
 has
 been
 served
 to
 all
 known
 persons
 against
whom
relief
is
sought,
and
also
to
the
Chief
 Executive
and
other
public
officials
of
the
province
 or
 city
 within
 which
 the
 unlawful
 acts
 have
 been
...
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This document was uploaded on 03/11/2014.

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