Within fifteen (15) days from notice of the resolution of the Court of Appeals
resolving the motion for reconsideration, the aggrieved party may elevate the case before the
Supreme Court by way of petition for review on certiorari under Rule 45 of the Rules of
Court. For justifiable reasons, the Supreme Court may grant an extension of thirty (30) days
within which to file the petition.38
The Supreme Court has consistently held that, save for a few exceptions, only
questions of law may be raised in a petition for review on certiorari under Rule 45 of the
Rules of Court. The Supreme Court is not a trier of facts and its jurisdiction is limited to
errors of law only.39
In reviewing the decision of the Court of Appeals, the Supreme Court determines its
legal correctness from the prism of whether the Court of Appeals correctly determined the
presence or absence of grave abuse of discretion in the NLRC’s decision. 40
Under Section 15(1) of Article VIII of the 1987 Philippine Constitution, the Supreme
Court has to decide or resolve cases within twenty-four (24) months from date of submission
for resolution.
A case or matter is deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself. 41
Assuming that all mandatory and directory periods for the resolution of cases are
observed in their maximum periods in all levels of the tribunals or courts, it may be
reasonably concluded that it would take around four (4) years for an OFW money claims
case to be resolved with finality from the date of filing of the complaint in the NLRC up to
the date of decision by the Supreme Court.
What was the actual performance of the NLRC and of the Courts?
In its 2019 Performance Report, the National Labor Relations Commission (“NLRC”)
reported that the Regional Arbitration Branches were able to resolve 61% of cases within
three (3) months from filing/receipt, while the NLRC Commission Proper was able to resolve
89% of the appealed cases within three (3) months from filing/receipt.42
Further, Table 7 below tells us that in 2019, 96% of the ending caseload of the
Regional Arbitration Branch43 of the NLRC were 1 to 9 months old and only 4% of their total
caseload were at least 10 months old. At the Commission level, the NLRC reported that 99%
38
39
40
41
42
43
Section 2, Rule 45, Rules of Court
“Abosta Shipmanagement Corp., CIDO Shipping Company Ltd., and Alex S. Estabillo, vs. Dante C.
Segui”, G.R. No. 214906, January 16, 2019
“Oscar M. Paringit vs. Global Gateway Crewing Services, Inc., Mid-South Ship and Crew
Management, Inc., and/or Captain Simeon Flores,” G.R. No. 217123, February 6, 2019, citing
Magsaysay Maritime Corporation v. National Labor Relations Commission, 630 Phil. 352, 361
(2010)
Section 15(2) of Article III of the 1987 Philippine Constitution
National Labor Relations Commission Performance Report 2019
https://nlrc.dole.gov.ph/uploads/content/Annual%202019-Final%201.pdf
the NLRC Labor Arbiters
20
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