1) Context: where the MR fits in NLRC procedure

In the National Labor Relations Commission (NLRC) system, a Motion for Reconsideration (MR) is primarily the remedy against an NLRC Decision or Resolution (i.e., an action of the Commission or its Divisions). It is not the usual remedy against a Labor Arbiter decision (the remedy there is appeal to the NLRC within the prescribed period), and it is generally not allowed against mere interlocutory rulings.

The MR stage matters because:

An NLRC decision typically becomes final and executory after the lapse of the MR period if no MR is filed; and
A timely MR is commonly a prerequisite before elevating matters to the Court of Appeals via a special civil action for certiorari (Rule 65), subject to recognized exceptions in jurisprudence.

2) Governing rules and the “suppletory” role of the Rules of Court

The NLRC Rules of Procedure govern motions and reconsideration practice before the Commission. Where the NLRC Rules are silent, the Rules of Court may apply suppletorily (i.e., in a gap-filling way), as long as they do not conflict with labor procedure’s summary and non-technical character.

Because NLRC rules have been amended over time and may be supplemented by internal issuances, the safest approach is to treat the deadlines below as the standard baseline in NLRC practice, then confirm any office-specific filing modes (e.g., electronic filing protocols) currently being required.

3) The core rule: the opposition/comment deadline

A. Standard opposition period

As a general rule under NLRC motion practice for reconsideration of an NLRC Decision/Resolution:

The adverse party is given ten (10) calendar days from receipt of the MR (or receipt of the Commission’s order requiring a comment, depending on the case handling) to file an Opposition or Comment.

In many NLRC formulations, the rule is expressed in this structure:

MR must be filed within 10 calendar days from receipt of the NLRC Decision/Resolution; and
The opposing party may file an Opposition/Comment within 10 calendar days from receipt of the MR; after which
The MR is deemed submitted for resolution upon receipt of the Opposition/Comment or upon expiration of the period to file it.

Practical meaning: the opposition/comment deadline is commonly 10 calendar days from receipt of the MR, unless the NLRC expressly sets a different period in a directive/order.

B. “Opposition” vs. “Comment”

NLRC practice often uses “opposition” and “comment” interchangeably at the MR stage. The substance is the same: the non-moving party answers the MR’s allegations and arguments, and urges denial (or partial denial/modification).

4) How to compute the 10-calendar-day opposition deadline

A. Calendar days, not working days

When the rule says calendar days, the count generally includes weekends and holidays.

A typical computation looks like this:

Day 0: date of receipt of the MR (by you or your counsel of record)
Day 1: the next calendar day
Deadline: the 10th calendar day counted from Day 1

B. If the last day falls on a weekend/holiday

As a practical and commonly applied procedural principle (often drawn from suppletory rules), when a deadline’s last day falls on a Saturday, Sunday, or legal holiday, filing is treated as timely if done on the next working day.

C. Receipt by counsel controls

If you are represented, receipt by your counsel of record is generally treated as receipt by the party for deadline purposes. This is crucial in labor cases because service is commonly directed to counsel.

D. Service by registered mail and “date of receipt”

For mailed service, the trigger is typically the actual date the pleading was received (as shown by registry return card, tracking proof, or office receiving stamp), not the date it was mailed—unless a specific rule provides otherwise.

E. Refusal or failure to claim

Where service is properly made and the addressee refuses or fails to claim within the postal period, service may be treated as effective under procedural doctrines (the exact consequence depends on proof and circumstances). In disputes, what matters is the proof of service and whether due process—reasonable notice and opportunity to respond—was afforded.

5) Is filing an opposition mandatory?

Strictly speaking, an opposition/comment is usually permitted and strongly advisable, but the NLRC may resolve the MR even if no opposition is filed, once the period to oppose lapses.

Effect of not filing:

You generally lose the opportunity to rebut the MR in writing at that stage; and
The MR may be treated as submitted for resolution based on the movant’s submissions and the case record.

In due process terms, if you were properly served and given time to respond, failure to file an opposition typically does not stop the NLRC from acting.

6) Can you ask for an extension of time to file an opposition?

In labor proceedings, extensions are not favored because of the emphasis on speedy disposition. Whether an extension is granted can depend on:

Whether the NLRC Rules allow it for that specific incident;
Whether there are compelling reasons (e.g., serious illness, force majeure);
Whether the request is made before the deadline; and
Whether granting it would unduly delay resolution.

Practical baseline: do not assume extensions will be granted. Treat the 10-calendar-day period as firm unless the NLRC expressly gives more time.

7) What happens after the opposition deadline

A. Submission for resolution

Common NLRC practice is that the MR is deemed submitted for resolution:

Upon filing/receipt of the opposition/comment, or
Upon expiration of the opposition/comment period (if none is filed)

B. No hearing as a matter of course

Motions for reconsideration are typically resolved on the pleadings and record. Oral arguments/hearings are exceptional, not standard.

C. Resolution and finality

If the MR is denied, the NLRC Decision/Resolution generally becomes final and executory after the lapse of the applicable period counted from receipt of the denial (subject to the rules on finality and any available judicial remedies).
If the MR is granted, the NLRC may modify, reverse, or clarify its earlier ruling.

8) Relationship to Rule 65 certiorari (Court of Appeals)

A. MR as a usual prerequisite

As a rule, to challenge an NLRC decision via certiorari (Rule 65), a party should first file a timely MR with the NLRC. Failure to do so is commonly fatal unless the case falls under recognized exceptions (e.g., pure questions of jurisdiction, urgent necessity, or where MR would be useless).

B. Your opposition can matter later

Even though certiorari is about grave abuse of discretion, your opposition/comment helps preserve:

The narrative of procedural fairness (that you timely raised points), and
The record of arguments that the NLRC allegedly ignored or misappreciated.

9) What to include in a strong opposition/comment

A. Address timeliness first

A frequent decisive issue is whether the MR itself was filed within 10 calendar days from receipt of the assailed NLRC Decision/Resolution. If late, emphasize:

Date of receipt of the NLRC ruling by the movant/counsel;
The last day to file the MR;
Why the MR should be dismissed outright for lateness.

B. Attack prohibited grounds or improper use of MR

MRs are not meant for:

Re-arguing the same points without showing error;
Introducing matters that should have been raised earlier without justification; or
Seeking reconsideration of non-reviewable interlocutory actions (depending on the posture)

Highlight if the MR is:

A mere rehash;
Unsupported by the record; or
Raising factual matters without proper support or explanation why they were not raised earlier.

C. Focus on “reversible error” within NLRC’s scope

Organize the opposition around:

Misappreciation of evidence (if relevant and properly part of the record);
Misapplication of labor standards/substantive law;
Jurisdictional/procedural compliance;
Finality/execution implications

D. Use the record and attach only what is proper

Labor procedure is less technical, but the NLRC still expects:

Clear citations to the case record and annexes; and
Proper authentication/verification where required by applicable rules or where facts outside the record are alleged.

Avoid dumping new documents unless you can justify admissibility under the NLRC’s standards and fairness considerations.

10) Filing and service essentials (what can make an opposition “useless” if missed)

A. File with the correct NLRC office/division and docket

Make sure the pleading is filed in the same NLRC docket where the MR is pending and complies with format and copy requirements that may be enforced by the receiving unit.

B. Serve the other party and attach proof

Oppositions/comments should include proof of service (e.g., personal service acknowledgment, registry receipt, courier proof, or other accepted proof). Lack of proof can delay acceptance or affect credibility.

C. Authorized signatory

If represented, counsel signs; if not represented, the party signs. If the signatory has no authority (or counsel is not properly entered), the pleading can be disregarded.

11) Typical timeline example

Feb 1 – You receive the MR (Day 0)
Feb 2 – Day 1
Feb 11 – Day 10 (deadline)

If Feb 11 is a Sunday, filing on Feb 12 (Monday) is typically treated as timely (subject to the receiving office’s rules and proof of the holiday/weekend situation).

12) Special situations and pitfalls

A. Cross-MR disguised as an opposition

Sometimes the opposing party uses the “opposition” to seek its own affirmative changes. As a rule, if you want affirmative relief from the NLRC decision, you generally must file your own MR within the MR period, not after it, and not merely embed it in an opposition filed later.

B. Multiple counsels/parties

Confirm who the counsel of record is and where service was made. Deadline fights often turn on:

whether service was properly made to counsel of record, and
whether the receiving person was authorized.

C. Reinstatement and execution nuances

In illegal dismissal cases, reinstatement has unique executory rules (especially at the Labor Arbiter stage). The MR stage before the NLRC may interact with reinstatement payroll obligations depending on what orders are in effect and whether a reinstatement aspect is being implemented pursuant to law and the procedural posture. Do not assume that an MR automatically stops every aspect of enforcement; identify the specific order being executed and its legal basis.

D. “Calendar day” traps

Because weekends count, a party who waits for “working days” can miscalculate and file late.

13) Bottom line rule (with the key caveat)

Standard deadline: The opposition/comment to a Motion for Reconsideration before the NLRC is typically due within ten (10) calendar days from receipt of the MR, unless the NLRC issues an order specifying a different period.

Because NLRC procedural requirements can be affected by amendments and office-specific implementation rules (especially on filing modes), the controlling reference remains the current NLRC Rules of Procedure and any applicable directives in the specific case record.