Question & AnswerQ&A (NLRC EN BANC Resolution NO. 05-14)
All pleadings shall be filed with the appropriate docketing unit of the Regional Arbitration Branch or the Commission. If filed through registered mail or courier authorized by the Commission, the date of mailing is considered the date of filing. The party filing a pleading must serve opposing parties with copies of supporting documents. No pleading is considered without proof of service, except for pleadings filed simultaneously before the Labor Arbiter.
Notices and copies of resolutions or orders shall be served personally by bailiff or authorized public officer within three days from receipt or by registered mail or courier authorized by the Commission. Decisions and final awards must be served to parties and their counsel by personal service, registered mail, or authorized courier. The service is deemed effected if the party or counsel personally seeks service upon inquiry.
The return is prima facie proof of the facts stated, including the names of persons served and the date of receipt. It must be submitted within two days from the date of service and attached to the case records. If service is by registered mail or courier, the addressee's name and receipt date must be on the return card or proof of service.
Summons shall be served personally by a bailiff or authorized public officer within three days from receipt, or by registered mail or Commission-authorized courier. In special circumstances, service can be in accordance with the Rules of Court. The serving officer must submit a return within two days stating the persons served and date. Reasons for no service must be stated if applicable.
The conference aims to amicably settle the case, determine real parties in interest, assess need for complaint amendment, define and simplify issues, enter admissions or stipulations of fact, and address preliminary matters. It is presided over by the Labor Arbiter or authorized personnel.
A compromise agreement is approved by the Labor Arbiter if the parties fully understand the terms, voluntarily entered into the agreement, and it is not contrary to law, morals, or public policy. The agreement becomes final and binding with the force of a judgment.
If no amicable settlement is reached, the Labor Arbiter or authorized personnel proceeds to consider the other purposes of the conference, such as determining real parties and simplifying issues.
The decision becomes final and executory if no appeal is filed within the period prescribed under Article 223 of the Labor Code and relevant NLRC Rules. This finality occurs ten calendar days after receipt of the decision by counsel or party if unrepresented.
Once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. All subsequent pleadings and motions must be filed with the Commission.
Upon writ of execution issuance, enforcement follows this order: cash bond, bank deposits, surety bond, levying on personal property then real property of losing party, and if insufficient, on bonding company properties. Resistance by bonding companies or banks can lead to contempt proceedings and bar them from doing business with the Commission. Proceeds are deposited with the Commission or authorized depository.
The prevailing party can request an order requiring the losing party to appear and be examined on their property and income before the Labor Arbiter. Procedures may follow to apply such assets towards satisfaction of the judgment.
Petitions may be filed only if no other adequate remedy exists and must be based on grounds such as abuse of discretion, serious errors in fact findings causing irreparable damage, fraud or excusable negligence preventing appeal, purely questions of law, or if the order will cause injustice without rectification.
They include custody of the Commission Seal and records, filing pleadings, assigning cases for study/report by raffle, serving notices and decisions, preparing calendars and minutes, keeping a general docket and promulgation book, entering judgments, remanding records after judgment, submitting monthly reports, and other functions assigned by the Chairman or Commission en banc.