Brazragore The decision nltc the labor arbiter therefore became final and executory for failure of respondents to perfect their appeal within the reglementary period. Immediate Transmittal of Records and Appeal. In this petition for review on certiorari under Rule 45 of the Rules of Court, petitioner Ma. The dismissal however is without prejudice rulex means that the seafarer can re-file his complaint.
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Title of the Rules. Suppletory application of Rules of Court and jurisprudence. As used herein, "Regional Arbitration Branch" shall mean any of the regional arbitration branches, sub-regional branches or provincial extension units of the Commission. Caption and Title. Issuance of Summons. Filing and Service of Pleadings. The party filing the pleadings shall serve the opposing party or parties with a copy thereof in the manner provided for in these Rules with proof of service thereof.
Service of Notices and Resolutions. For the purposes of computing the period of appeal, the same shall be counted from receipt of such decisions, awards or orders by the counsel of record. If no service was effected, the serving officer shall state the reason therefor in the return.
Proof and completeness of service. Service by registered mail is complete upon receipt by the addressee or his agent; but if the addressee fails to claim his mail from the post office within five 5 days from the date of first notice of the postmaster, service shall take effect after such time. A non-lawyer may appear before the Commission or any Labor Arbiter only if: a he represents himself as party to the case; b he represents an organization or its members, provided that he shall be made to present written proof that he is properly authorized or; c he is a duly-accredited member of any legal aid office duly recognized by the Department of Justice or the Integrated Bar of the Philippines in cases referred thereto by the latter.
Appearances may be made orally or in writing. Authority to bind party. For purposes of venue, workplace shall be understood as the place or locality where the employee is regularly assigned when the cause of action arose. It shall include the place where the employee is supposed to report back after a temporary detail, assignment or travel.
Raffle and Assignment of Cases. In exceptional cases, however, as when there is an impending or actual strike or lockout, or when a labor dispute is reportedly attended by violence, or is causing or likely to cause public disorder or inconvenience, or in places where holding a raffle is not practicable, the Executive Labor Arbiter may assume jurisdiction over such cases or assign the same to Labor Arbiters who, in his opinion, can effect immediate settlement or adjudication of the cases.
Consolidation of Cases. Such consolidated cases shall be disposed of the by the Labor Arbiter to whom the first case was assigned.
In case of objection to the consolidation, the same shall be resolved by the Executive Labor Arbiter. Disposition of Cases. When the Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout dispute or certified the same to the Commission, the parties to such dispute shall immediately inform the Secretary or the Commission as the case may be, of all cases directly related to the disputes between them pending before any Regional Arbitration Branch, and the Labor Arbiter handling the same of such assumption or certification.
Whereupon all proceedings before the Labor Arbiter concerning such cases shall be suspended and the Labor Arbiter shall await further instructions. Jurisdiction of Labor Arbiter. Should the parties arrive at any agreement as to the whole or any part of the dispute, the same shall be reduced to writing and signed by the parties and their respective counsels, if any, before the Labor Arbiter. The settlement shall be approved by the Labor Arbiter after being satisfied that it was voluntarily entered into by the parties and after having explained to them the terms and consequences thereof.
A compromise agreement entered into by the parties not in the presence of the Labor Arbiter before whom the case is pending shall be approved by him if, after confronting the parties, particularly the complainants, he is satisfied that they understand the terms and conditions of the settlement and that it was entered into freely and voluntarily by them and the agreement is not contrary to law, morals, and public policies.
A compromise agreement duly entered into in accordance with this Section shall be final and binding upon the parties and the Order approving it shall have the effect of a judgment rendered by the Labor Arbiter in the final disposition of the case.
The number of conferences shall not exceed three 3 settings and shall be terminated within thirty 30 calendar days from the date of the first conference. The parties shall thereafter not be allowed to allege facts, or present evidence to prove facts, not referred to and any cause or causes of action not included in the complaint or position papers, affidavits and other documents. Determination of Necessity of Hearing. At this stage, he may, at his discretion and for the purpose of making such determination, ask clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence, if any from any party or witness.
Period to Decide Case. He shall render his decision within thirty 30 calendar days, without extension, after the submission of the case by the parties for decision, even in the absence of stenographic notes.
In any event, he shall render his decision in the case within the same period provided in paragraph a hereof. Conciliation of Disputes.
Nature of Proceedings. Subject to the requirements of due process, the technicalities of law and procedure and the rules obtaining in the courts of law shall not strictly apply thereto. The Labor Arbiter may avail himself of all reasonable means to ascertain the facts of the controversy speedily, including ocular inspection and examination of well-informed persons.
Role of Labor Arbiter in Proceedings. Except as provided by law, the Labor Arbiter shall determine the order of presentation of evidence by the parties, subject to the requirements of due process.
He shall take full control of the proceedings, examine the parties and their witnesses to satisfy himself with respect to the matters at issue, and may allow the parties or their counsel to ask questions only for the purpose of clarifying points of law or fact involved in the case. He shall limit the presentation of evidence to matters relevant to the issue before him and necessary for a just and speedy disposition of the case. Presentation of Evidence.
Extent of Cross-Examination. Where proper justification, however, is shown by proper motion to warrant the re-opening of the case, the Labor Arbiter shall call a second hearing and continue the proceedings until the case is finally decided. Dismissal of the case for the second time due to the unjustified non-appearance of the complainant or petitioner who was duly notified thereof shall be with prejudice. Postponement of Hearing. Postponements or continuances of hearing shall be allowed by the Labor Arbiter only upon meritorious grounds and subject always to the requirement of expeditious disposition of cases and the termination of hearings within ninety 90 calendar days.
In the event of such postponements or continuances, the Labor Arbiter shall set two or more dates of hearing in advance. Records of Proceedings. He shall make a written summary of the proceedings, including the substance of the evidence presented, in consultation with the parties.
The written summary shall be signed by the parties and shall form part of the records. Motion to Dismiss. Any motion to dismiss on the ground of lack of jurisdiction, improper venue or that the cause of action is barred by prior judgment or by prescription, shall be immediately resolved by the Labor Arbiter by a written order.
An order denying the motion to dismiss or suspending its resolution until the final determination of the case is not appealable. Contents of Decisions. In cases involving monetary awards, the decisions or orders of the Labor Arbiter must contain the amount awarded. In case the decision includes an order of reinstatement, the Labor Arbiter shall direct the employer to immediately reinstate the dismissed or separated employee even pending appeal.
The order or reinstatement shall indicate that 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.
Motions for Reconsideration. Periods of Appeal. If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or a holiday, the last day to perfect the appeal shall be the next working day. As amended, on Nov. Requisites for Perfection of Appeal. A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal. Failure on the part of the appellee who was properly furnished with a copy of the appeal to file his answer or reply within the said period may be construed as a waiver on his part to file the same.
Where Filed. Appeal Fee. The employer as well as counsel shall submit a joint declaration under oath attesting that the surety bond posted is genuine and that it shall be in effect until final disposition of the case. The Commission may, in meritorious cases and upon Motion of the Appellant, reduce the amount of the bond. As amended by Nov. No Extension of Period. Immediate Transmittal of Records and Appeal. Records of Cases. Period to Resolved Appeal. In case of appeal from the decision of the Regional Director or his duly authorized Hearing Officer, the same shall be resolved within ten 10 calendar days.
For this purpose, a case or motion shall be deemed submitted for resolution upon the filing of the last pleading or memorandum required. Frivolous or Dilatory Appeals. Appeals from decision of Other Agencies.
Jurisdiction of the Commission. Internal functioning of the Commission en banc and its Division. Each Division shall consist of one member from the public sector who shall act as the Presiding Commissioner and one member each from the workers and employers sectors, respectively.
The Chairman. He is the Presiding Commissioner of the First Division. In case of the effective absence or incapacity of the Chairman, the Presiding Commissioner or the Second Division shall be the Acting Chairman. The Chairman, aided by the Executive Clerk of the Commission, shall have administrative supervision over the Commission and its Regional Branches and all its personnel including the Executive Labor Arbiters and Labor Arbiters.
Quorum and Vote. The presence of a majority of all the members of the Commission shall be necessary to constitute a quorum to deliberate on and decide any matter before it.
The vote or concurrence of majority of the members constituting a quorum shall constitute the decision or resolution of the Commission en banc. The concurrence of two 2 Commissioners of a Division shall be necessary for the pronouncement of a judgment or resolution.
Whenever the required membership in a Division is not complete and the concurrence of two 2 Commissioners to arrive at a judgment or resolution cannot obtained, the Chairman shall designate such number of additional Commissioners from the other Divisions as may be necessary from the same sector. He shall not, however, participate in the voting by the Division, except when he is acting as Presiding Commissioner of the Division in the absence of the regular Presiding Commissioner.
It shall be mandatory for the Division to meet for the purpose of the consultation ordained herein. A certification to this effect signed by the Presiding Commissioner of the Division shall be issued and a copy thereof attached to the record of the case and served upon the parties.
Dissenting Opinion. In the event that a member inhibits himself, the case shall be raffled by the Executive Clerk or Deputy Executive Clerk to either of the two 2 remaining Commissioners.
2005 NLRC RULES OF PROCEDURE PDF
The names of respondents must be stated in the complaint. For this purpose, the complaint form duly approved by the Commission shall preferably be used for expediency. The full names of all the real parties in interest, whether natural or juridical persons or entities authorized by law, shall be stated in the caption of the complaint or petition as well as in the decisions, resolutions or orders. The summons, together with a copy of the complaint, shall specify the date, time and place of the conciliation and mediation conference in two 2 settings. In case of service by registered mail, the bailiff or officer shall write in the return, the names of persons served and the date of mailing of the resolution or decision. If no service was effected, the service officer shall state the reason therefor in the return. Service by registered mail is complete upon receipt by the addressee or his agent; but if the addressee fails to claim his mail from the post office within five 5 days from the date of first notice of the postmaster, service shall take effect after such time.
Gardakus Duty to conciliate and mediate. The period can also be extended beyond 15 days if the NLRC issues a final injunction. In case of appeal from the decision of the Regional Director or his duly authorized Hearing Officer, the same shall be resolved within ten 10 calendar days. As amended by Nov. In fact, the Receipt and Release was not even executed under oath so that its due execution is put under a cloud of doubt. Article of the Labor Code provides: No motion for execution shall be entertained nor a writ be issued unless the Labor Arbiter is in possession of the records of the case which shall include an entry of judgment.
Title of the Rules. Section 2. Section 3. Suppletory Application of the Rules of Court. As used herein, "Regional Arbitration Branch" shall mean any of the regional arbitration branches or sub-regional branches of the Commission.