Duties and Functions of the Executive Clerk and Deputy Executive Clerks Regarding Promulgation
The amended Rule XIII, Section 4(g) outlines the duties of the Executive Clerk and Deputy Executive Clerks related to the promulgation of decisions and final resolutions:
- The Executive Clerk or Deputy shall promulgate decisions and final resolutions on the same date as filing, indicating the exact date and time.
- They must attest the decision or resolution with their signature on the first page.
- Immediately provide the Chairman with a copy along with a summary of the nature and issues involved.
- Maintain a promulgation book recording:
- Date and time of promulgation
- Case number
- Title of the case
- Ponente (author of the decision)
- Nature of the decision or resolution
- Action taken by the Commission including dispositive portion quoted
- Certify true copies of decisions, resolutions, or orders promulgated by their divisions.
- Sign notices relating to decisions, resolutions, or orders.
- Send notices in sealed envelopes to the parties and their counsel (if practicable) within 48 hours from promulgation.
Authority and Formal Adoption
- The amendments were adopted by the National Labor Relations Commission (NLRC) en banc on March 12, 2015.
- Filed and enforced as official amendments to the 2011 NLRC Rules of Procedure.
- Signed and attested by the NLRC Chairman, Commissioners, and Labor Arbiter/Executive Clerk of Court IV, ensuring official promulgation and implementation.
These amendments ensure procedural clarity and efficiency in labor dispute resolution by restricting unnecessary or dilatory motions and establishing strict protocols for promulgation of decisions, thereby reinforcing the NLRC's mandate under the Labor Code.