Law Making in the Guise of Procedures: Placing Hurdles to the Right of Appeal to the National Labor Relations Commission

Emmanuel  O. Sales,

Law Making in the Guise of Procedures: Placing Hurdles to the Right of Appeal to the National Labor Relations Commission

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.