QuestionsQuestions (NLRC EN BANC Resolution NO. 05-14)
It was adopted pursuant to Article 218(a) of the Labor Code, as amended.
The date of mailing is considered the date of filing.
The party must prove service to the opposing party; no pleading shall be considered without proof of service except when filed simultaneously during a schedule set before the Labor Arbiter.
Within three (3) days from the bailiff/authorized officer’s receipt thereof, or by registered mail or courier authorized by the Commission.
For purposes of appeal, the period is counted from receipt by the counsel or representative of record (and if not assisted by counsel/representative, from the parties’ receipt).
A return within two (2) days from the date of service, stating legibly the bailiff/officer’s name, the names of persons served, and the date of receipt; it must be attached to and form part of the records of the case.
It is complete upon receipt by the addressee or agent. If the addressee fails to claim from the post office within five (5) days from the date of first notice, service takes effect after such time.
Summons shall be served personally within three (3) days from receipt by the bailiff/authorized officer, or by registered mail or courier authorized by the Commission; in special circumstances, service may follow the pertinent Rules of Court provisions.
Its purpose is to (among others) settle the case, determine real parties in interest, define issues, enter admissions/stipulations, and address preliminary matters. It should be terminated within thirty (30) calendar days from the date of the first conference, except for justifiable grounds.
No motion for postponement shall be entertained except on meritorious grounds and when filed at least three (3) days before the scheduled hearing.
The Labor Arbiter must explain the terms and consequences, ensure understanding and voluntariness, and confirm it is not contrary to law, morals, or public policy. Once duly entered and approved, it is final and binding and has the force and effect of a judgment rendered by the Labor Arbiter.
The Labor Arbiter (or authorized personnel) proceeds with the other purposes of the conference enumerated in Section 8(a).
Once an appeal is filed, the Labor Arbiter loses jurisdiction over the case; subsequent pleadings and motions must be filed with the Commission.
No motion to inhibit the entire Division shall be entertained.
Order: (1) cash bond, (2) bank deposits, (3) surety bond, (4) levy on personal property then real property not exempt, and if still insufficient, levy on real property of bonding company if needed. If the bonding company refuses to pay, or resists compliance (including break open order), it may be cited for contempt or held liable for resistance/disobedience; additionally, it may be barred from transacting business with the Commission.
Its purpose is to require the losing party to appear and be examined regarding property and income so proceedings may lead to application of those assets to satisfy the judgment. Attendance/testimony may be compelled by order or subpoena, and refusal may be punished for contempt.