Law making in the guise of procedures: Placing hurdles to the right of appeal to the National Labor Relations Commission

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Document Type

Article

Source Title

DLSU Business and Economics Review

Volume

19

Issue

1

First Page

51

Last Page

59

Publication Date

1-1-2009

Abstract

It is a legal given that the power to make laws or new norms lies with Congress and this power, granted by the Constitution, cannot be shared with or should not be encroached upon by another branch of government or an instrumentality of a branch. Rule making to implement the law or the promulgation of procedures to establish the process of enforcing rights is not always done subordinate to or in accordance with law. This study posits that the 2005 Rules of Procedure of the National Labor Relations Commission, specifically on the requirements for taking an appeal, is a case of law making in the guise of procedures. This study maintains in its discussion that the procedures placed hurdles to the right of appeal that can be considered as a diminution of the statutory right to appeal the decision of the labor arbiter involving monetary judgment. © 2009 De La Salle University, Manila, Philippines.

html

Digitial Object Identifier (DOI)

10.3860/ber.v19i1.1112

Disciplines

Labor and Employment Law

Keywords

Industrial relations; Administrative remedies

Upload File

wf_yes

This document is currently not available here.

Share

COinS