Service of Notices, Resolutions, Orders, and Decisions
- Notices, resolutions, and orders must be served personally by a bailiff or authorized public officer within three days or by registered mail or authorized courier.
- Decisions and final awards must be served to parties and their counsel personally, by registered mail, or authorized courier.
- Service to counsel is deemed service to all parties when parties are numerous.
- The period to file appeals is counted from receipt of service by counsel or representatives.
- Bailiff must submit return of service with details within two days.
- Service by mail or courier is complete upon receipt, or after five days if unclaimed.
Service of Summons
- Summons must be served personally within three days or by registered mail or authorized courier.
- Special circumstances allow service under the Rules of Court.
- Return of service must detail recipient and receipt date.
- Failure of service must be explained.
Mandatory Conciliation and Mediation Conference
- Main purposes: amicable settlement, identifying real parties, amending complaints, defining issues, entering admissions, discussing preliminaries.
- Labor Arbiter presides; in their absence, authorized personnel conducts the conference.
- Agreements must be written and signed; approval by Labor Arbiter is mandatory ensuring voluntary and lawful agreement.
- Agreements have force of judgment.
- Conference to terminate within 30 calendar days unless justified.
- Motions for postponement require meritorious grounds and must be filed 3 days prior.
Effect of Failure of Settlement
- If no settlement is reached, proceedings continue on other preliminary matters and issue simplifications.
Finality of Decision or Order by Labor Arbiter and Certificate of Finality
- Decisions become final and executory 10 days after receipt without appeal.
- Certificate of Finality issued upon expiration; 60 days rule applies in absence of proof of service.
Effect of Filing of Appeal
- Filing an appeal divests the Labor Arbiter of jurisdiction.
- All subsequent pleadings and motions shall be filed with the Commission.
Inhibition of Commissioners
- Motions to inhibit the entire Division are prohibited.
- Individual Commissioners may inhibit themselves for justifiable grounds.
- Cases are reassigned by raffle or designated replacement Commissioners.
Finality of Decisions of the Commission and Entry of Judgment
- Decisions become final and executory 10 days after receipt unless contrary provision applies.
- Decisions are entered into a judgment book after the period.
- Absent proof of service, decisions are final after 60 days from mailing.
Execution Upon Finality of Decision or Order
- Writ of execution may be issued upon final and executory decision.
- Execution motions after appeal resolution can be filed with Labor Arbiter.
- Labor Arbiter retains duplicate copies for immediate enforcement where partial execution is allowed.
Execution of Monetary Judgment
- Sheriff furnishes copy of writ of execution by registered mail or courier.
- Enforcement order: cash bond, bank deposits, surety bond, then levy on personal and real property.
- If bonding company refuses compliance, property levy on bonding company, possible contempt citation, and business transaction ban.
- Refusal by bank or bonding company may lead to contempt or criminal liability under Revised Penal Code.
- Law enforcement may be requested for compliance assistance.
- Proceeds deposited with Commission or authorized bank.
- Special rules apply for overseas Filipino workers cases.
- Voluntary payment tendered in presence or absence of prevailing party requires specific procedures.
Restitution After Reversal or Annulment
- If judgment reversed/annulled by higher courts with restitution ordered, Labor Arbiter issues restitution order, excluding reinstatement wages paid pending appeal.
Examination of Losing Party When Judgment Unsatisfied
- Prevailing party may request order for losing party to be examined about property and income to satisfy judgment.
Enforcement of Attendance and Conduct of Examination
- Noncompliance with subpoena or orders to testify may result in contempt.
- Examinations to be under oath; juridical entities must be sworn by authorized officers.
Grounds for Extraordinary Remedies
- Extraordinary remedies available only when no other plain, speedy, and adequate remedy exists.
- Grounds include abuse of discretion, serious factual errors causing harm, prevented appeals due to fraud/mistake, questions of law only, or prevention of injustice.
Effect of Filing Petition for Extraordinary Remedies
- Proceedings before Labor Arbiter continue unless restrained.
- Execution proceeds but release of money or sale of property stays for 15 days post petition.
- Failure to issue temporary restraining order brings release or sale.
- Labor Arbiter informs Commission of satisfaction to possibly dismiss petition as moot.
Resolution of Petition for Extraordinary Remedies
- If allegations proved, Commission may grant relief or permanent injunction.
- Commission may dismiss petition if patently without merit, prosecuted for delay, unsubstantial questions, or remedy available.
Duties of Executive Clerk and Deputies
- Custody of Commission seal, books, records, and exhibits.
- Filing of pleadings and documentation with time stamps.
- Case assignment by raffle.
- Service of processes and immediate record attachment.
- Preparation of calendars, attendance at sessions, and minute keeping.
- Maintenance of general docket tracking all case history.
- Promulgation of decisions with time stamps and notification to Chairman.
- Maintenance of judgment entries.
- Immediate remand of records after judgment.
- Monthly accomplishment report submission.
- Perform other functions as directed by Chairman or Commission.