Petition for Relief from Judgment in Labor Cases (Philippines) — With Focus on Costs

Scope. This is a practitioner-style guide to the petition for relief from judgment as it may be invoked in Philippine labor proceedings, plus the cost implications at every stage—filing, bonds, execution, and adverse-party cost exposure. Disclaimer. General information only; not legal advice. Labor procedure is specialized and fast-moving—consult counsel for case-specific strategy.

1) What is a “petition for relief from judgment” in labor matters?

It’s an extraordinary, equity-based plea asking the same tribunal that issued a final ruling (usually a Labor Arbiter or the NLRC) to set aside that ruling because the losing party, through no fault of their own, was prevented from properly presenting their case. Classic grounds are fraud, accident, mistake, or excusable negligence (FAME).

In labor, the remedy is exceptional because:

Labor cases prioritize speed and finality.
Regular remedies already exist (e.g., appeal to the NLRC within 10 days from a Labor Arbiter decision; one motion for reconsideration at the Commission level; Rule 65 review to the Court of Appeals for grave abuse).
A petition for relief is not a substitute for a lost appeal, and it does not re-open issues you simply failed to raise.

Suppletory rule. Where the NLRC Rules are silent, the Rules of Court may apply by analogy. Hence, the equitable relief in Rule 38 (Relief from Judgments) is often treated suppletorily—subject to labor law’s policy of speedy disposition.

2) When can you use it (and when you can’t)?

You may use it when:

You were kept from participating (e.g., wrong address service; hospital confinement; calamity; a verified, non-self-inflicted docketing error) and a default/ex parte judgment or order issued;
The other party committed extrinsic fraud that prevented a fair hearing (e.g., tampering with notices or coercing a witness into silence);
There is a clear, compelling equity showing, and no other adequate remedy exists.

You can’t use it to:

Revive a lapsed appeal period or re-litigate strategy mistakes (“We chose not to appeal” is not FAME);
Rehash arguments already rejected on appeal/MR;
Delay execution without strong equitable grounds.

3) Deadlines and where to file

Because labor rules don’t codify a separate timetable for this remedy, tribunals commonly borrow the Rule 38 dual periods:

60 days from actual knowledge/receipt of the judgment, and
Not more than 6 months from the entry/finality of the judgment or order.

Both periods must be met. File the petition with the same forum that issued the judgment you’re attacking:

Labor Arbiter judgment (no appeal perfected): file with the Labor Arbiter who rendered it.
NLRC decision/resolution: file with the NLRC (but note that NLRC rulings are typically attacked by Rule 65 to the CA; petitions for relief are viewed narrowly).

Practice tip: File as early as possible and explain any delay in detail. Attach proof of when you learned of the judgment (registry receipts, email logs, affidavit of clerk, etc.).

4) What you must file: form and substance

A solid petition for relief usually contains:

Verified petition stating:
- The judgment/order assailed, the date you received/learned of it, and when it became final;
- Specific FAME facts (who, what, when, where, how), showing due diligence and lack of intent to delay;
- A meritorious defense (not just procedural excuses)—e.g., proof of payment, prescription, lack of employer-employee relationship, absence of dismissal, etc.
Affidavit of merit from a competent affiant with personal knowledge (and annexes: hospital records, calamity certifications, courier proof, screenshots, etc.).
Proposed answer/position paper or evidence you would have presented—so the tribunal sees there’s something substantial to try.
Prayer for stay (see §6) and other interim relief, if warranted.
Proof of service on the adverse party.

Affidavit detail matters. Conclusory statements (“our clerk misplaced it”) generally fail. Explain systems (docketing, calendaring) and what went wrong despite reasonable controls.

5) Standards the tribunal will apply

Strict compliance with the 60/6-month windows;
Credibility of your FAME narrative (with documentary corroboration);
Speedy-justice policy in labor (doubts resolved against dilatory tactics);
Merit of your underlying defense (tribunals are more inclined to grant relief when the merits look compelling);
Good faith and absence of forum shopping.

Relief is discretionary—expect a reasoned weighing of equity versus finality.

6) Does filing stay execution? (Costs alert)

No, not automatically. You must explicitly ask for a stay of execution and justify it (risk of irreparable injury, strong prima facie defense, equities favor maintaining the status quo). The tribunal may condition a stay on:

Posting a bond (amount and form at the tribunal’s discretion);
Undertakings (to pay wages accruing during the stay in reinstatement cases, or to deposit amounts pending outcome);
Expedited briefing and submission to avoid prolonged delay.

If no stay is issued, execution proceeds (this has immediate cost consequences—see §9–§10).

7) Interaction with appeal, MR, and Rule 65

If the judgment is not yet final, use the proper ordinary remedy (appeal/MR).
After finality, your narrow choices are petition for relief (same forum) or Rule 65 (to the Court of Appeals) for jurisdictional errors/grave abuse—these are distinct paths.
Filing one does not toll the other’s periods unless a statute or controlling order says so. Choose deliberately to avoid waiver.

8) Outcomes and their effects

Granted (judgment set aside): The case is reopened—usually the tribunal receives the missing defense/evidence and sets the case for summary resolution. Interim stays/bonds may be lifted or recalibrated.
Denied: Judgment stands; execution proceeds. If you alleged grave abuse in the denial, your recourse is typically Rule 65—be mindful of its 60-day period.

9) Cost map: what you may have to pay (or post)

A) Filing-related costs

Filing fee for the petition (per NLRC/secretariat schedule; varies by pleading type and monetary claim involved).
Service/courier and notarization expenses.
Opportunity cost if you also pursue Rule 65 (separate docketing fees at the CA).

B) Bonds and deposits

Appeal bond (only for appeals by employers from Labor Arbiter monetary awards): not part of a petition for relief, but relevant if you missed appeal and are trying to reopen.
Stay bond / supersedeas-type bond (discretionary) if you’re asking to suspend execution while the petition is being heard. Expect the tribunal to require a cash or surety bond in an amount that meaningfully secures the judgment.

C) Execution-stage expenses

If no stay issues (or it’s denied), the prevailing party can move for execution. Typical direct expenses include:

Sheriff’s fees/expenses (the movant may be asked to advance reasonable amounts for transport, guards, storage; the sheriff later liquidates and the losing party ultimately bears these as part of execution costs);
Garnishment/levy processing costs (bank service charges for writ handling, etc.);
Reinstatement logistics (if ordered), which can create ongoing wage exposure during compliance.

D) Adverse-party exposure

Attorney’s fees to the worker (labor tribunals often award 10% of wages/monetary benefits when the worker was compelled to litigate); this can grow if the case drags due to unsuccessful, dilatory remedies;
Damages (rare in pure labor money claims but possible for bad-faith tactics);
Administrative fines/sanctions (separate, if regulatory rules were breached, e.g., unfair collection conduct).

Key point: A petition for relief that fails can increase your ultimate financial exposure via added execution costs, potential fees, and elapsed legal interest on monetary awards.

10) Cost-control strategies (without weakening your petition)

File early with a complete proof set to improve chances of a prompt stay (reduces execution costs).
If the award is largely undisputed, tender or consign the admitted portion—this can reduce interest and show good faith.
Offer a targeted bond (e.g., for the net disputed amount) with a reputable surety to secure a stay.
Narrow the relief you seek: if only service of notice is at issue, propose a limited reopening (e.g., on damages only).
Keep communications professional; avoid filings that look like stalling—tribunals sometimes tax unnecessary expenses against dilatory parties.

11) Sample structure — Petition for Relief (labor case)

Caption and case title (same docket; identify the decision and date)
Verification & Certification against forum shopping
Prefatory statement (equity nature; speedy-justice respect)
Material dates (receipt/knowledge; finality date; petition filing date → show 60/6-month compliance)
Factual grounds (FAME) with annexes
Meritorious defenses (attach draft position paper/answer + exhibits)
Arguments (why relief lies; why not a substitute for appeal; equities)
Prayer:
- Set aside judgment/order;
- Admit attached defense/evidence and reset for prompt hearing;
- Issue a stay of execution pendente petition (offer bond);
- Other just reliefs.
Service, annex list, and notarization

12) Common pitfalls (and how to avoid them)

Vague FAME claims (“we were busy,” “we overlooked”) → Detail your internal controls and attach proof.
Late filing without a timeline → lay out material dates and attach receipts/registry to prove timeliness.
No meritorious defense → tribunals rarely reopen just to repeat what’s already admitted.
Hoping execution stops automatically → always pray for a stay and be ready with a bond.
Forum shopping (simultaneous relief petitions and Rule 65 on the same theory) → coordinate strategy to avoid sanctions.
Using it to dodge an appeal bond → tribunals view this skeptically.

13) Quick decision tree

Got the Arbiter’s decision? → Within 10 days, file appeal (employer: post appeal bond for monetary awards).
Missed it due to FAME? → Within 60 days of knowledge and ≤6 months from finality, consider petition for relief (same forum) + ask for stay (offer bond).
NLRC denial or grave abuse? → Within 60 days, consider Rule 65 to the CA (separate fees; no automatic stay—seek TRO/PI, often with injunction bond).

14) FAQs (focused on costs)

Q: If my petition for relief is granted, who bears the earlier execution costs? A: Execution actions taken before the stay are usually valid; the tribunal may apportion costs equitably. If the case is reopened and you ultimately prevail, you can seek recovery or offsets; expect a case-by-case ruling.

Q: Is a bond always required to stay execution? A: Not always, but it’s common. The stronger your prima facie case and the more narrow your requested stay, the better your chance to obtain one with manageable terms.

Q: Can the worker be made to pay my costs if I win the petition? A: Labor tribunals rarely tax “costs of suit” in the Rules-of-Court sense. But they may deny the worker’s attorney’s fees and adjust interest/computation. Any frivolous opposition could be sanctioned.

Q: Does legal interest keep running while a petition for relief is pending? A: Usually yes, unless a stay or tender/consignation interrupts accrual on the admitted portion.

15) One-page checklist (file-ready)

Confirm finality date and compute 60/6-month windows.
Draft verified petition; write a detailed FAME narrative.
Prepare Affidavit of Merit + documentary proofs.
Attach meritorious defense (draft position paper/evidence).
Prepare Prayer for Stay and bond proposal (cash/surety).
Pay filing fee; serve the adverse party; keep proof of service.
Calendar execution risk (coordinate with sheriff’s office/status).
If denied, evaluate Rule 65 path immediately.

Final note

Treat a petition for relief as surgery, not first aid: narrow, well-evidenced, and filed fast. Be candid about costs and risk, and, if you’re the employer, decide early whether to secure a stay with a bond. If you’re the worker, be ready to press execution and to document reasonable sheriff’s expenses for later cost recovery.

If you’d like, I can turn this into a customized template pack (petition, affidavit of merit, stay motion, bond undertakings, and execution-cost worksheet) tailored to your case posture and budget constraints.