Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 3)

Rules IX to XI highlights developments relating to direct contempt, injunction proceedings, and execution of judgments.

Author

Alburo Law
March 27, 2026

Direct Contempt

Section 1 of Rule IX provides that any person may be summarily adjudged guilty of direct contempt for any misbehavior committed near, or in the presence of, whether physical or virtual, the Chairperson or any member of the Commission, or any Labor Arbiter, as to obstruct or interrupt the proceedings before the same. 

This rule underscores the authority of the Commission and Labor Arbiters to maintain order and respect during proceedings before it.

Punishable Acts, Omissions, or Remarks

Any of the following may be punished for direct contempt:

  1. Disrespect towards the Chairperson or any of the Commissioners or Labor Arbiters;

  2. Offensive acts towards the said officials;

  3. Use of intemperate language during the proceedings before the said officials;

  4. Refusal to be sworn or to answer as a witness;

  5. Refusal to subscribe an affidavit or a deposition when lawfully required to do so;

  6. Refusal to sign, without any justifiable reason, the minutes of the proceedings even if present or the person concerned participated in the discussion/deliberation; and

  7. Other circumstances analogous to the foregoing. (Section 1(a) of Rule IX)

Injunction Proceedings

Rule X of the 2025 NLRC Rules of Procedure governs the rules of procedure for Injunctions. Under Section 1, an order to enjoin or restrain any ongoing or threatened commission of any or all prohibited or unlawful acts, or to require the performance of a particular act, which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party. 

Summons in Injunction Proceedings

Upon receipt of the petition for injunction, the same shall be raffled off among the Divisions of the Commission. Within twenty-four (24) hours from receipt of the record, the Executive Clerk of Court/Deputy Executive Clerk of Court or in their absence, the Board Secretary, by authority of the Division concerned, shall issue the summons. Within forty-eight (48) hours from receipt thereof, the sheriff/bailiff/designated personnel of the Commission, shall serve the same, together with a copy of the petition and all the documents attached thereto, upon the respondent/s. (Section 4, Rule X)

The Province of Occidental Mindoro exceeded its powers and authority when it completely banned all large-scale exploration and mining operations within its territorial jurisdiction, in contravention of Republic Act No. 7942 or the Philippine Mining Act of 1995.

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