conducting the mandatory mediation-conciliation services for OFW cases. Requests for the
conduct of mediation-conciliation under SEnA may also be made online through e-SEnA.31
The 30-day mandatory conciliation-mediation period is counted from the date of the
initial conference of the parties which is conducted not later than 5 working days from the
date of assignment of the Request for Assistance (“RFA”). The 30-day mandatory
conciliation-mediation period is non-extendible except upon mutual agreement of the parties
where there is a possibility for settlement. Such extension shall not exceed 15 days. 32
Assuming that no early settlement or termination of the SEnA proceedings is agreed upon by
the parties, the SEnA process may take anywhere between 30-50 days to be completed.
Should the parties not be able to agree on a settlement of the dispute through SEnA,
OFW’s complaint for “claims arising out of an employer-employee relationship or by virtue
of any law or contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damages” shall be filed before the NLRC.
The case will then undergo mandatory conciliation-mediation before the Labor Arbiter. If the
mandatory conciliation-mediation fails, the parties will then be required to submit their
respective position papers. The Labor Arbiters of the NLRC have the original and exclusive
jurisdiction to hear and decide the OFW complaint, within ninety (90) calendar days after the
filing of the complaint. Ideally, the case should stay at the Labor Arbiter level for not more
than 90 calendar days.33
The decision of the Labor Arbiter may be appealed to the NLRC within ten (10)
calendar days from receipt of the decision of the Labor Arbiter. 34 Issues of facts and law are
resolved at the first instance at the level of the NLRC Labor Arbiter and at the second
instance, on appeal before the NLRC. The NLRC is required to decide all cases within twenty
(20) days from receipt of the Answer of the Appellee.35 After the NLRC has rendered its
decision on the appeal, the parties are allowed to file only one motion for reconsideration for
each party within ten (10) calendar days upon receipt of the NLRC decision.36
Upon receipt of the NLRC resolution resolving the motion for reconsideration, a party
aggrieved of the decision may file before the Court of Appeals a petition for certiorari under
Rule 65 of the Rules of Court within a non-extendible period of sixty (60) days counted from
the date of receipt of the NLRC Resolution of the motion for reconsideration. In this mode of
review, the Court of Appeals determines whether or not the NLRC committed grave abuse of
discretion in rendering its decision. Under Section 15(1) of Article VIII of the 1987
Philippine Constitution, the Court of Appeals has to decide or resolve cases within twelve
(12) months from date of submission for resolution. After the Court of Appeals has rendered
its decision, the parties are allowed to file only one motion for reconsideration within fifteen
(15) days upon receipt of the decision of the Court of Appeals.37
31
32
33
34
35
36
37
See, https://sena.dole.gov.ph/
Section 5(d) of Rule III of DOLE Department Order No. 151-16, series of 2016
Section 10 of R. A. No. 8042, as amended
Art. 229 of the Labor Code of the Philippines, as amended; Section 1 of Rule VI, 2011 NLRC Rules
of Procedure, as amended
Ibid.
Article 229, Labor Code of the Philippines, as amended
Section 1, Rule 52, Rules of Court
19
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