Labrel Supplement:

221. Technical Rules not binding and prior resort to amicable settlement In ay proceeding before the Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this code that the commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process. In any proceeding before the Commission or any LArb, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any Presiding Commissioner or commissioner or any Larbiter to exercise complete control of the proceedings at all stages. Any provision of law to the contrary notwithstanding, the LArb shall exert all efforts toward the amicable settlement of a labor dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the Commission in the exercise of its original jurisdiction. Modicum of evidence: substantial o Amount of relevant evidence as a reasonable mind might accept as adequate to support a conclusion. o A decision with nothing to support it is a nullity when directly attacked. Ang Tibay v. CIR: cardinal rights to due process o Right to a hearing o Tribunal must consider the evidence presented o Decision must be supported by something o Supporting evidence must be substantial o Decision must be rendered on the evidence presented or at least contained in the record and disclosed to the parties affected

Verification: a pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. Intended to assure that the allegations in the pleading have been prepared in good faith or are true and correct, not mere speculations. Generally, lack of verification is a defect that is formal and not jurisdictional. o Out of 50, only half signed the verification: valid, as they were represented by counsel of choice Signatories were agents of those who did not sign also No SPA was needed as there was no compromise being entered into Also if there is failure to object

Party respondent: In a claim for underpayment of wages and other money claims, the respondent should be the business owner. The business owner is not necessarily the person in whose name the business is registered; it is a question of fact (Mayon Hotel v. Adana)

Prohibited pleadings and motions: Motion to dismiss except on the ground of lack of jurisdiction, improper venue, res judicata, prescription and forum shopping Motion for a bill of particulars Motion for new trial Petition for relief from judgment when filed with the LArbiter Petition for certiorari, mandamus, prohibition Motion to declare respondent in default

Motion for reconsideration or appeal from any interlocutory order of the Larb

Mandatory Conciliation: see Rules of Procedure Effect of failure of conciliation and mediation:

Failure to agree upon an amicable settlement, either in whole or in part: LArb shall terminate the conciliation and mediation proceedings and pursue other purposes of the said conference as enumerated in the immediately preceding section. o LArb shall direct parties to simultaneously file their respective position papers on the issues agreed upon by the parties as reflected in the minutes of the proceedings.

Quitclaims are allowed; in the interest of justice and fair play, parties may not be allowed to litigate a cause of action more than once. (Olacao v. NLRC)

Final and Executory judgment cannot be negotiated: (?) but see Magbanua versus Dy Motion to Dismiss: - May be filed before the date set for mandatory conciliation proceedings - Grounds: Sec. 5 (a): res judicata, no jurisdiction, improper venue, prescription and forum shopping Motu proprio dismissal due to prescription: by LArb Res judicata as reason to dismiss complaint: - Must be a final judgment or order - Court rendering it must have jurisdiction over the parties and the subject matter - Must be a judgment of order on the merits - There must be between two cases identity of parties, subject matter and cause of action Parties may not litigate more than once in the interest of the public. No dismissal of complaint despite death: in a case for reinstatement, even if accompanied with a demand for back wages, the death of the employer does not terminate the proceedings. Revival or refilling of Dismissed Case: - A dismissed case is not necessarily dead - A party may file a motion to revive or re-open a case dismissed without prejudice, within 10 days from receipt of the order dismissing the same. - If not done within 10 days, the only remedy is to re-file the case in the arbitration branch of origin. Submission of position papers and reply: immediately after submission, the LArb motu proprio shall determine whether there is a need for a clarificatory hearing or conference.

Non-appearance of parties: - Complainant or petitioner during two settings for mandatory conciliation shall be a ground for dismissal without prejudice. - By the respondent: o During the first: the second shall proceed as scheduled o Also during the second despite notice: termination of proceedings, reception of evidence ex parte and rendering of judgment based on evidence It is the duty of the LArb to persuade the parties to settle amicably, and ensure that the compromise agreement is fair and agreed upon freely and voluntarily. - Significant because non-lawyers may appear before the LArb - A compromise agreement once approved has the effect of res judicata between the parties and should not be disturbed except upon vices of consent and forgery. Binding effect of compromise agreement: - Generally , immediately executory - Attorney must have SPA before he can validly compromise, though (RoC, NCC) - Money claims: o Money claims against the employer are personal rights , and cannot be waived without individual consent or ratification (General Rubber v. Drilon) Quitclaims and Waivers:

Asking of clarificatory questions Issuance of subpoenas

Role of the Larb in Clarificatory Conference (CCon): Take full control and personally conduct the hearing Ask questions only for the purpose of clarifying Cross-examination: only relevant questions are allowed LArb shall make a written summary of the proceedings, including substance of evidence presented, in consultation with the parties. o Signed by the parties, forms part of the records

Submission of the case for decision: after submission by the parties of their position papers, the case shall be deemed submitted for decision unless :LArb calls for a clarificatory hearing or conference. Upon termination of CCon, case is deemed submitted for hearing. Agreement of parties in order to resolve issues based on position papers, affidavits or documentary evidence o Not violative of the due process clause o Affidavits take the place of their direct testimony LArb may set the case for (regular) hearing where he deems it necessary Burden of proof that termination was valid rests on the employer

Non-appearance of parties: By the petitioner: Cause to dismiss without prejudice Where proper justification is shown by proper motion, the LArb may re-open and call another CCon and continue the proceedings until the case is finally decided. Dismissal for 2nd time due to non-appearance shall be with prejudice

Lack of verification, not fatal: Easily corrected by requiring an oath Lack of verification of appeal is not fatal

Due Process: Opportunity to Be Heard What the law prohibits is the absolute lack of opportunity to be heard No denial where employer was represented by counsel and given opportunity to be heard, nor when he was not heard because of his own delays A formal or trial-type hearing is not at all times essential to due process o Absence of notice of hearing is cured by the alleged aggrieved party having had an opportunity to be heard on a motion for recon.

By the respondent: reception of evidence ex parte, without prejudice to cross-examination at the next conference - two successive non-appearances: waiver on his part to present evidence or conduct crossexamination The parties and their counsel shall be prepared for continuous hearing or clarificatory conference. No postponement shall be allowed unless for meritorious grounds. In any case, the CCon shall be terminated within 90 days from the date of the initial hearing of the conference. Cases involving OFWs: shall not exceed 60 days reckoned from the date of acquisition of jurisdiction by the LArbover the person of the respondents.

Inhibition: Voluntary: legal justifications shall be stated in writing Upon motion: either on the ground of relationship within the 4th civil degree of consanguinity or affinity or on question of impartiality o Motion to be resolved within 5 days from the filing thereof

May an NLRC Commissioner review on appeal his own decision as LArb? No. Due process includes impartiality of the appeal body. Administrative due process also includes: The right to notice, whether actual or constructive Reasonable opportunity to defend himself and introduce relevant witnesses Tribunal so constituted as to give him reasonable assurance of honesty and impartiality, and one of competent jurisdiction A finding or decision supported by substantial evidence presented in the hearing or ascertained in the records or disclosed to the parties

Decision of the LArb: 30 calendar days, without extension, after submission of the case by the parties for decision, even in the absence of stenographic notes. OFWs: within 90 days after filing the complaint, which commences from the moment the LArb acquires jurisdiction over the respondents.

Contents: clear and concise; includes a statement of: The facts of the case Issues involved Applicable laws or rules Conclusions and reasons therefore Specific remedy or relief granted Monetary awards: amount must be stated

Suspension of proceedings: Rubberworld Phil. V. NLRC: receivership of corporation suspends proceedings Chua vs. NLRC: labor claims cannot proceed independently of a bankruptcy liquidation proceeding

No motions for reconsideration and petitions for relief from judgment: MR is not allowed; if filed, it is treated as an appeal provided that it complies with the requirement for perfecting an appeal.

Art. 222. Appearances and fees: a. Non-lawyers may appear before the Commission or any Larb only: 1. If they represent themselves, or 2. If they represent their organization or members thereof. b. No attorneys fees, negotiation fees or similar charges of any kind arising from any collective bargaining negotiations or conclusion of the collective agreement shall be imposed on any individual member of the contracting union: provided that attorneys fees may be charged against union funds in an amount to be agreed upon by the parties. See rules on procedure for appearance of non-lawyers. Change of counsel, requisites: There must be a written application for substitution There must be filed the written consent of the client to the substitution

Filing and Service of Pleadings and Decisions: Filed with the appropriate docketing unit of the RAB as the case may be Party filing the pleading shall serve the opposing parties, with proof of service thereof

Service of Notice and Resolutions: see procedure Proof and Completeness of service: prima facie proof is the return. Service of summons to a bookkeeper at the respondents office is sufficient compliance with the procedural requirement RoC suppletory: service to counsel is service to parties. Where copy of decision is served on a person not the clerk or in charge of attorneys office, such service is invalid and the decision does not become executory.

Resolution of doubt in law or evidence: favor the employee.

There must be filed the written consent of the attorney to be substituted In case such cannot be procured, proof of service of notice of such motion to attorney to be substituted

bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from.

Attorneys fees: Art 222 prohibits payment only when it is effected through forced contributions from the workers from their own funds as distinguished from union funds. Obligation to pay belongs to the union and cannot be shunted to the workers.

Negotiation fee: see case Art 222 prohibits imposition of fees for charges arising from negotiation of a bargaining agreement

In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein.

Appeal:

To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall impose reasonable penalty, including fines or censures, upon the erring parties.

ARTICLE 223. Appeal. - Decisions, awards, or orders of the Labor Arbiter are final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards, or orders. Such appeal may be entertained only on any of the following grounds:

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file an answer not later than ten (10) calendar days from receipt thereof.

(a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; (b) If the decision, order or award was secured through fraud or coercion, including graft and corruption; (c) If made purely on questions of law; and (d) If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.

The Commission shall decide all cases within twenty (20) calendar days from receipt of the answer of the appellee. The decision of the Commission shall be final and executory after ten (10) calendar days from receipt thereof by the parties.

Any law enforcement agency may be deputized by the Secretary of Labor and Employment or the Commission in the enforcement of decisions, awards or orders. (As amended by Section 12, Republic Act No. 6715, March 21, 1989).

In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable

If not appealed on time, the Larbs decision becomes final Period contemplates calendar and not working days o Service by registered mail is complete either upon actual receipt by the addressee or at the end of 5 days Failure to give copy of appeal to adverse party within 10 days: not fatal if the adverse party was not prejudiced. No request for extension of period to file an appeal shall be entertained A mere notice of appeal without complying with the requisites does not stop the running of the period for perfecting an appeal An unverified letter of intent to appeal is not a proper appeal (Garcia v. NLRC)

When 10-day period may be relaxed (Borja v. Ballad): Justifying circumstances recognized by law (fraud, accident, mistake, excusable negligence) Equitable grounds (death of counsel, etc.) Mistake of fact To prevent a miscarriage of justice

Records and Transmittal: Contents: See RoP Once appeal is filed, LArb loses jurisdiction over the case.

Execution or reinstatement pending appeal: see cases Effect of perfection of appeal on execution: appeal stays the execution, except execution for reinstatement pending appeal.

Payment of appeal fees: 150.00 appeal fee to the RAB; receipt shall form part of the records of the case. Failure to file appeal docket fees confers a directory and not mandatory power to dismiss an appeal Where the fee is paid belatedly, okay lang. Appellant may be considered a pauper litigant

Proceedings before the Commission: See RULES. Motion for recon: shall not be entertained except when based on palpable or patent errors; provided it is under oath and filed within 10 days from receipt of decision, with proof of service within the reglementary period to the adverse party, provided further that only one motion from the party shall be entertained. The way to review NLRC decisions is through certiorari under Rule 65; jurisdiction over the same belongs to the CA first, then to the Sc in line with the doctrine of hierarchy of Courts (St. Martin Case) The 60 day period must be observed strictly. What has to be certified is the questioned judgment A petition for certiorari filed with the CA shall not stay the execution of the assailed decision of the NLRC unless a TRO is issued by the CA or SC.

Appeal bond where decision involves monetary award: SEE RULES OF PROCEDURE Motion to reduce bond: may be entertained, but a bond in a reasonable amount must be posted in the meantime No bond, no perfected appeal (Borja v. Ballad) The amount of the appeal bond excludes damages and attorneys fees Property bonds are acceptable A bond accepted conditionally: conditions must be complied with in order to validate the posting of the bond Supersedeas bond: there is no procedural error that may be imputed to the arbiter in requiring the employer to post supersedeas bond as a condition for the immediate stay of execution.

Appeal from DOLE OSEC to CA, the following cases: Under the rules governing local employment, regarding the regional directors decisions on complaints of employment agencies

Compliance order in labor standards issues Execution, on occupational health and safety cases 236: denial of application for registration by BLR of registration of federation, national or industry union, or trade union center 238: cancellation of registration by BLR or Regional Office 259: order of a med-arbiter on a petition for certification election or as to the results of a certificate election Decisions of the BLR regarding administration of union funds Decisions in cases of assumption of jurisdiction

o o o o o o o o o

Inference is mistaken, absurd or impossible Grave abuse of discretion Misapprehension of facts Conflicting facts CA went beyond the issues of the case Conclusions without citation of specific evidence on which they are based When facts set forth are not disputed by respondent Findings of fact are premised on the absence of evidence CA overlooked certain facts not disputed by the parties

The remedy of an aggrieved party in a decision or resolution of the DOLE Sec is to file a motion for recon as a precondition for any further or subsequent remedy, and then seasonably file a petition for certiorari under Rule 65. Administrative remedies must have first been exhausted prior to certiorari

From CA to SC: only questions of law on rule 45 ARTICLE 224. Execution of decisions, orders or awards. (a) The Secretary of Labor and Employment or any Regional Director, the Commission or any Labor Arbiter, or Med-Arbiter or Voluntary Arbitrator may, motu proprio or on motion of any interested party, issue a writ of execution on a judgment within five (5) years from the date it becomes final and executory, requiring a sheriff or a duly deputized officer to execute or enforce final decisions, orders or awards of the Secretary of Labor and Employment or regional director, the Commission, the Labor Arbiter or medarbiter, or voluntary arbitrators. In any case, it shall be the duty of the responsible officer to separately furnish immediately the counsels of record and the parties with copies of said decisions, orders or awards. Failure to comply with the duty prescribed herein shall subject such responsible officer to appropriate administrative sanctions.

Certificate of Non-forum Shopping: - Failure to comply with requirement shall be a cause for dismissal without prejudice unless otherwise provided, upon motion and after hearing - Indirect contempt, without prejudice to criminal and administrative actions - Deliberate forum shopping: summary dismissal with prejudice and direct contempt, as well as cause for administrative sanctions - The certificate must be made by the petitioner

Disposition by the CA: - Remand: where the decision lacks precision, giving rise to an ambiguity that lends plausibility to a petition for certiorari - Dismissal: dilatory and serves no other purpose, and even if the appeal is still pending in the NLRC, but the SC or CA in a petition for certiorari finds it so - Findings of facts are accorded finality, except: o When grounded on speculation, surmises, conjectures

(b) The Secretary of Labor and Employment, and the Chairman of the Commission may designate special sheriffs and take any measure under existing laws to ensure compliance with their decisions, orders or awards and those of the Labor Arbiters and voluntary arbitrators, including the imposition of administrative fines which shall not be less than P500.00 nor more than P10,000.00. (As amended by Section 13, Republic Act No. 6715, March 21, 1989).

Execution: order to carry out a final judgment Both party and counsel should be notified Execution is not appeal Supervening events: once a judgment becomes final and executory, it can no longer be disturbed, altered or modified, except for supervening events Judgment becomes final and executory not by judicial declaration but by operation of law (Abbott v. NLRC) o Once final, issuance of a writ of execution is a matter of right RTC cannot issue injunction against NLRC Execution over property owned only by judgment debtor; remedies of third party claimant: o Yupangco: the third party may avail himself of alternative remedies cumulatively File a third party claim with the sheriff of the LArb If denied, may be appealed to the NLRC The RTC where the reivindicatory action is filed can issue an injunction or TRO against the execution ordered by the NLRC

ARTICLE 225. Contempt powers of the Secretary of Labor. In the exercise of his powers under this Code, the Secretary of Labor may hold any person in direct or indirect contempt and impose the appropriate penalties therefor.