RULE XVI : General Provisions

SECTION 1. Penalties. — Any person violating any of the provisions of Article 264 of the Code shall be punished by a fine of not less than one thousand (P1,000.00) pesos nor more than ten thousand (P10,000.00) pesos and/or imprisonment for not less than three months nor more than three years, or both such fine and imprisonment, at the discretion of the court. Prosecution under this provision shall preclude prosecution for the same act under the Revised Penal Code and vice versa.

SECTION 2. Frivolous or dilatory appeal. — To discourage frivolous or dilatory appeals, the Office of the President, the Secretary of Labor, the Bureau or the Commission shall impose reasonable penalties, including fines or censures upon erring parties.

SECTION 3. Enforcement of decisions, orders and awards. — To ensure compliance with decisions, orders and awards, the Labor Arbiters or the Med-Arbiters may take any measure under existing laws, decrees, and general orders, as may be necessary, including the imposition of administrative fines which shall not be less than P500 nor more than P10,000 against the erring parties.

SECTION 4. Person guilty of misbehavior. — A person guilty of misbehavior in the presence of or so near the Office of the President, the Secretary of Labor, the Chairman, or any member of the Commission, any Labor Arbiter, Med-Arbiter, Conciliator, Regional Director, Director of the Bureau, as to obstruct or interrupt the proceedings before the same, including disrespect toward said officials, offensive personalities toward others, or refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so may be summarily adjudged in direct contempt by said officials and punished by fines not exceeding two hundred pesos or imprisonment not exceeding ten (10) days or both, if it be the Commission or members thereof, the Secretary of Labor, Office of the President, the Director of the Bureau or the Regional Director, or a fine not exceeding P10.00 or imprisonment not exceeding one (1) day, or both, if it be a Labor Arbiter, Med-Arbiter or Conciliator.

The person adjudged in direct contempt by a Labor Arbiter or Med-Arbiter or Conciliator may appeal to the Commission or to the Bureau, respectively, and the execution of the judgment shall be suspended pending the resolution of the appeal upon the filing by such person of a bond on condition that he will abide by and perform the judgment should the appeal be decided against him. Judgment of the Commission, Secretary of Labor, Office of the President, Director of the Bureau and Regional Director on direct contempt is immediately executory and inappealable.

Indirect contempt shall be dealt with by the Commission or Labor Arbiter, Med-Arbiter, Conciliator, Regional Director, Director of the Bureau, Secretary of Labor and Office of the President in the manner prescribed under Rule 71 of the Revised Rules of Court.

SECTION 5. Injunctions. — No temporary injunction or restraining order in any case involving or growing out of a labor dispute shall be issued by any court or other entity. On the other hand, the Office of the President, the Secretary of Labor, the Commission, the Labor Arbiter or Med-Arbiter may enjoin any or all acts involving or arising from any case pending before any of said offices or officials which if not restrained forthwith may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic stability.

SECTION 6. Incidental motions will not be given due course. — In all proceedings at all levels, motions for dismissal or any other incidental motions shall not be given due course, but shall remain as part of the records for whatever they may be worth when the case is decided on the merits.

SECTION 7. Compulsory arbitrator; when and who appoints. — The Commission or any Labor Arbiter shall have the power to seek the assistance of other government officials and qualified private citizens to act as compulsory arbitrators on cases referred to them and to fix and assess the fees of such compulsory arbitrators.

The appointment of a compulsory arbitrator may be made under any of the following circumstances:

(a) Whenever a factual issue requires the assistance of an expert; and

(b) When dictated by geographical considerations and similar circumstances.

The procedures before the compulsory arbitrators shall be the same as those before the Labor Arbiters.

SECTION 8. Non-intervention of outsiders in labor disputes. — No person other than the interested parties, their counsels or representatives may intervene in labor disputes pending before the Regional Office, the Bureau, Labor Arbiters, the compulsory or voluntary arbitrators, the Commission, the Secretary of Labor, and the Office of the President. Any violation of this provision will subject the outsider to the administrative fines and penalties provided for in the Code.

SECTION 9. Disclosure of donations, donors, and purposes. — Legitimate labor organizations are required to make a disclosure of donations, donors and their purposes in their annual financial reports to the Labor Relations Division concerned, copy furnished the Bureau. Failure to make such disclosures shall be a ground for the cancellation of the registration certificate of any labor organization and the imposition of administrative fines and penalties provided for in the Code.

SECTION 10. Filing fees for complaints or petitions. — No docket fee shall be assessed in labor standards disputes.

In all other disputes, an individual complainant shall pay a filing fee of P2.00. Where there are two or more complaints, a filing fee of P5.00 shall be charged. In case of deadlock in negotiations, the minimum filing fee shall be P25.00. The Bureau shall promulgate a schedule of fees for deadlocks in negotiations involving more than P200,000, provided that in all cases involving bargaining deadlocks, the fee shall be shared equally by the negotiating parties.

SECTION 11. Disposition of collected funds. — The Secretary of Labor is hereby authorized to spend any amount collected from the filing fees, appeal fees, registration fees of applicant unions, confiscated bonds, fines and other monetary collections under the Code for the use of the Department of Labor and Employment and its Regional Offices subject to usual accounting and auditing procedures.

SECTION 12. Appeal fee and bond. — The interested party appealing any decision, order or award of the lower body or agency shall pay a filing fee of twenty-five pesos (P25.00) with the body or agency of origin except deadlock in negotiation cases where the minimum appeal fee shall be P50.00.

To stay the execution of the decision, order or award, the appealing party shall post an appeal bond to be determined and approved by the Commission or Labor Arbiter, Med-Arbiter, Regional Director or Director of the Bureau of origin, as the case may be.

SECTION 13. When complaint deemed filed. — A complaint is deemed filed upon receipt thereof by the appropriate agency which has jurisdiction over the subject matter and over the parties, and upon due payment of the required filing fees.

SECTION 14. Check-off from non-members. — Pursuant to Article 248 (e) of the Code, the employer shall check-off from non-union members within a collective bargaining unit the same reasonable fee equivalent to the dues and other fees normally paid by union members without the need for individual check-off authorizations.