Short answer. The old rules govern. Article 299 of the Labor Code provides that labor relations cases already on appeal with the Secretary of Labor or the Office of the President when the Code took effect remain under their respective jurisdictions and are decided under the rules in force at the time of appeal.
What the law says
Cases on labor relations on appeal with the Secretary of Labor or the Office of the President of the Philippines as of the date of effectivity of this Code shall remain under their respective jurisdictions and shall be decided in accordance with the rules and regulations in force at the time of appeal.
Labor Code, Article 299 — Transfer Of Pending Cases. Read the full provision →
The transitional rule: where the case stood determines which rules apply
Article 299 sets out a clear transitional framework for cases pending when the Labor Code took effect. The key distinction is where the case sat in the process at the moment the Code became effective. Cases that were already on appeal to the Secretary of Labor or the Office of the President do not get shifted to the new system — they stay where they are and are decided under the old rules. Cases still at the trial level move into the new system and proceed under the new Code's procedures.
Why the law preserves the old rules for pending appeals
Applying new procedural rules midway through an appeal would be disruptive and potentially unfair. A party who filed their appeal under a particular set of rules — with specific time limits, forms of review, and standards — has structured their case around those rules. The Labor Code's transitional provision protects the settled expectations of parties already in the appellate process by keeping those cases in the same jurisdiction, applying the same rules under which they were originally filed. This is a common legislative technique when major procedural codes take effect.
What happens to cases still at the trial level
For cases that had not yet reached the appellate level at the Secretary or the President's office when the Code took effect, Article 299 directs that they be transferred to the corresponding labor relations divisions or the new National Labor Relations Commission. These cases are then processed under the procedures of the new Code and its implementing rules. The dividing line is the stage the case had reached — appeal to the Secretary or the President triggers the transitional protection; earlier stages do not.
A note on the Labor Code's numbering
The Labor Code has been administratively renumbered over the years, and the same provision may be cited under different article numbers in older and newer materials. Article 299 as it appears here is the original numbering, which is the text both major legal sources reproduce. If you see a different article number in a court decision or commentary, it may refer to the same provision under an alternative numbering. When researching this area, confirm which numbering system your source uses to avoid confusion. A lawyer familiar with labor law can help you navigate the applicable procedural rules for your specific case.