Disposition of Pending Workmen's Compensation Cases

July 6, 1976

PRESIDENTIAL DECREE NO. 954

PROVIDING FOR THE DISPOSITION OF WORKMEN'S COMPENSATION CASES PENDING AS OF MARCH 31, 1976, THOSE REMANDED BY THE SUPREME COURT FOR FURTHER PROCEEDINGS AND FOR OTHER PURPOSES

WHEREAS, the Workmen's Compensation Commission and the Workmen's Compensation Units in the Regional Offices of the Department of Labor had, by virtue of Act No. 3428, as amended, exclusive jurisdiction to hear and decide claims for work-connected disabilities and deaths, subject to appeal on questions of law to the Supreme Court; cdt

WHEREAS, under PD 442, otherwise known as the "Labor Code of the Philippines," as amended by PD 626 and PD 865-A, the Workmen's Compensation Commission, the Bureau of Workmen's Compensation and the Workmen's Compensation Units were considered abolished as of March 31, 1976, and that all officials and personnel thereof were transferred to and mandatorily absorbed by the Department of Labor, subject to PD 6, LOI 14 and 14-A and Civil Service Law and Rules;

WHEREAS, upon the abolition of said offices on March 31, 1976, there are still workmen's compensation cases to be acted upon and/or finally disposed of by the defunct offices, and workmen's compensation cases brought on appeal to the Supreme Court which may be remanded for further proceedings;

WHEREAS, since the administrative machinery exclusively empowered to take cognizance of workmen's compensation cases are already non-existent, it is imperative that the Secretary of Labor be empowered to finally act on and dispose of such cases in order not to prejudice the claimants and employers thereby assuring a speedy dispensation of justice;

WHEREAS, the Secretary of Labor must be conferred express authority to assume and exercise effective jurisdiction over such workmen's compensation cases and those cases that may be remanded by the Supreme Court for further proceedings;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

SECTION 1.  Authority to Adjudicate. — The Secretary of Labor is hereby vested with additional power and authority to determine, dispose of and take final action on workmen's compensation cases pending as of March 31, 1976 before the Workmen's Compensation Commission and the Workmen's Compensation Units in the Regional offices of the Department of Labor, and those cases remanded or to be remanded by the Supreme Court for further proceedings.

SECTION 2.  Disposition of pending cases. — All workmen's compensation cases pending before and duly docketed by the Workmen's Compensation Units in the Regional Offices of the Department of Labor and those pending before and duly docketed by the Workmen's Compensation Commission as of March 31, 1976, shall be processed and adjudicated in accordance with the law, rules and procedure existing at the time their causes of action accrued.

SECTION 3.  Detail of personnel of the Department of Labor and its attached agencies and other offices. — In pursuance to the national policy of fiscal restraint and to optimize the utilization of human resources, the Secretary of Labor may draw personnel from the Department of Labor and its attached agencies and those available from the Employees' Compensation Commission, to assist in the disposition of and final action on workmen's compensation cases pending in the aforementioned defunct offices as of March 31, 1976.

SECTION 4.  Promulgation of rules implementing this Decree. — The Secretary of Labor is hereby empowered to promulgate and adopt such additional rules and issuances as may be necessary to effectively carry out and implement this decree in order to secure speedy, fair and just determination of such workmen's compensation cases.

SECTION 5.  Appeal. — Decisions, orders, or resolutions of the Secretary of Labor on workmen's compensation cases cognizable under this Decree may be reviewed on certiorari by the Supreme Court on questions of law upon petition of an aggrieved party within ten (10) days from notice thereof. casia

SECTION 6.  Enforcement of decisions. — All decisions, orders or resolutions of the Secretary of Labor on the aforementioned workmen's compensation cases which have become final and executory shall be enforced and executed in the same manner as decisions or orders of the Court of First Instance, and the Secretary of Labor shall have the power to issue to the city or provincial sheriff or to the sheriff whom he may appoint such writs of execution as may be necessary for the enforcement of such decisions, orders or resolutions, and any person who shall fail or refuse to comply therewith shall be punished by the Secretary of Labor for contempt. cd i

SECTION 7.  Repeal of inconsistent laws or decrees. — All decrees, laws, general orders, letters of instructions and other issuances inconsistent with or contrary to this Decree are hereby repealed.

SECTION 8.  Effectivity. — This Decree shall take effect immediately.

DONE in the City of Manila, this 6th day of July, in the year of Our Lord, Nineteen Hundred and Seventy-Six.