ADMINISTRATIVE RULE AND REGULATION: The 2005 Revised Rules of Procedure of the National Labor Relations Commission (NLRC)

The 2005 Revised Rules of Procedure of the National
Labor Relations Commission


Pursuant to the provisions of Article 218 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, the following Revised Rules of Procedure governing arbitration proceedings before the Labor Arbiters and the Commission are hereby adopted and promulgated:

RULE I
TITLE AND CONSTRUCTION

SECTION 1.

TITLE OF THE RULES. - These Rules shall be known as the "2005 Revised Rules of Procedure of the National Labor Relations Commission".

SECTION 2.

CONSTRUCTION. - These Rules shall be liberally construed to carry out the objectives of the Constitution, the Labor Code of the Philippines and other relevant legislations, and to assist the parties in obtaining just, expeditious and inexpensive resolution and settlement of labor disputes.

SECTION 3.

SUPPLETORY APPLICATION OF THE RULES OF COURT. - In the absence of any applicable provision in these Rules, and in order to effectuate the objectives of the Labor Code, the pertinent provisions of the Rules of Court of the Philippines may, in the interest of expeditious dispensation of labor justice and whenever practicable and convenient, be applied by analogy or in a suppletory character and effect.

RULE II
DEFINITION OF TERMS

SECTION 1.

DEFINITIONS. - The terms and phrases defined in Article 212 of the Labor Code, as amended, shall be given the same meanings when used herein.

As used herein, "Regional Arbitration Branch" shall mean any of the regional arbitration branches or sub-regional branches of the Commission.

RULE III
PLEADINGS, NOTICES AND APPEARANCES

SECTION 1.

COMPLAINT. - a) A complaint or petition is a pleading alleging the cause or causes of action of the complainant or petitioner. The names and addresses of all complainants or petitioners and respondents must be stated in the complaint or petition.

It shall be signed under oath by the complainant or petitioner, with a declaration of non-forum shopping.

b) A party having more than one cause of action against the other party, arising out of the same relationship, shall include all of them in one complaint or petition.

c) No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor Arbiter or the Commission.

SECTION 2.

CAPTION AND TITLE. - In all cases filed with the Commission or with any of its Regional Arbitration Branches, the party initiating the action shall be called the "Complainant" or "Petitioner", and the opposing party the "Respondent".

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 of the Labor Arbiter or the Commission.

SECTION 3.

ISSUANCE OF SUMMONS. - Within two (2) days from receipt of a complaint or amended complaint, the Labor Arbiter shall issue the required summons, attaching thereto a copy of the complaint or amended complaint.

The summons shall specify the date, time and place of the mandatory conciliation and mediation confe-rence in two (2) settings.

SECTION 4.

PROHIBITED PLEADINGS AND MOTIONS. - The following pleadings and motions shall not be allowed and acted upon nor elevated to the Commission in all cases covered by these Rules:

a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, improper venue, res adju-dicata, prescription and forum shopping;
b) Motion for a bill of particulars;
c) Motion for new trial;
d) Petition for relief from judgment when filed with the Labor Arbiter;
e) Petition for certiorari, man-damus or prohibition;
f) Motion to declare respondent in default;
g) Motion for reconsideration or appeal from any interlocutory order of the Labor Arbiter.

SECTION 5.

FILING AND SERVICE OF PLEADINGS. - All pleadings in connection with the case shall be filed with the appropriate docketing unit of the Regional Arbitration Branch or the Commission, as the case maybe.

The party filing the pleadings shall serve the opposing parties with a copy thereof and its supporting documents in the manner provided for in these Rules with proof of service thereof.

SECTION 6.

SERVICE OF NOTICES AND RESOLUTIONS. - a) Notices or summons and copies of orders, shall be served on the parties to the case personally by the Bailiff or duly authorized public officer within three (3) days from receipt thereof or by registered mail; Provided that in special circumstances, service of summons may be effected in accordance with the pertinent provisions of the Rules of Court; Provided further, that in cases of decisions and final awards, copies thereof shall be served on both parties and their counsel or representative by registered mail; Provided further that in cases where a party to a case or his counsel on record personally seeks service of the decision upon inquiry thereon, service to said party shall be deemed effected upon actual receipt thereof; Provided finally, that where parties are so numerous, service shall be made on counsel and upon such number of complainants, as may be practicable, which shall be considered substantial compliance with Article 224 (a) of the Labor Code, as amended.

For purposes of appeal, the period shall be counted from receipt of such decisions, resolutions, or orders by the counsel or representative of record.

b) The Bailiff or officer serving the notice, order, resolution or decision shall submit his return within two (2) days from date of service thereof, stating legibly in his return his name, the names of the persons served and the date of receipt, which return shall be immediately attached and shall form part of the records of the case.

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.

SECTION 7.

PROOF AND COMPLETENESS OF SERVICE. - The return is prima facie proof of the facts indicated therein. 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.

SECTION 8.

APPEARANCES. - a) A lawyer appearing for a party is presumed to be properly authorized for that purpose. In every case, he shall indicate in his pleadings and motions his Attorney’s Roll Number, as well as his PTR and IBP numbers for the current year.

b) A non-lawyer may appear as counsel in any of the proceedings before the Labor Arbiter or Commission only under the following conditions:

(1) he represents himself as party to the case;

(2) he represents a legitimate labor organization, as defined under Article 212 and 242 of the Labor Code, as amended, which is a party to the case: Provided, that he presents: (i) a certification from the Bureau of Labor Relations (BLR) or Regional Office of the Department of Labor and Employment attesting that the organization he represents is duly registered and listed in the roster of legitimate labor organi-zations; (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that he is authorized to represent the said organization in the said case; and (iii) a copy of the resolution of the board of directors of the said organization granting him such authority;

(3) he represents a member or members of a legitimate labor organization that is existing within the employer’s establishment, who are parties to the case: Provided, that the presents: (i) a verified certification attesting that he is authorized by such member or members to represent them in the case; and (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that the person or persons he is representing are members of their organization which is existing in the employer’s establishment;

(4) he is duly-accredited member of any legal aid office recognized by the Department of Justice or Integrated Bar of the Philippines: Provided, that he (i) presents proof of his accreditation; and (ii) represents a party to the case;

(5) he is the owner or president of a corporation or establishment which is a party to the case: Provided, that he presents: (i) a verified certifi-cation attesting that he is authorized to represent said corporation or establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar resolution or instrument issued by said establishment, granting him such authority.

c) A non-lawyer who appears in contravention of this section shall not be recognized in any proceedings before the Labor Arbiter or the Commission.

d) Appearances may be made orally or in writing. In both cases, the complete name and office address of both parties shall be made on record and the adverse party or his counsel or representative properly notified.

e) Any change in the address of counsel or representative should be filed with the records of the case and furnished the adverse party or counsel.

f) Any change or withdrawal of counsel or representative shall be made in accordance with the Rules of Court.

SECTION 9.

AUTHORITY TO BIND PARTY. - Attorneys and other repre-sentatives of parties shall have authority to bind their clients in all matters of procedure; but they cannot, without a special power of attorney or express consent, enter into a compromise agreement with the opposing party in full or partial discharge of a client’s claim.

RULE IV
VENUE, ASSIGNMENT AND DISPOSITION OF CASES

SECTION 1.

VENUE. - a) All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner.

For purposes of venue, the workplace shall be understood as the place or locality where the employee is regularly assigned at the time 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. In case of field employees, as well as ambulant or itinerant workers, their workplace is where they are regularly assigned, or where they are supposed to regularly receive their salaries and wages or work instructions from, and report the results of their assignment to, their employers.

b) Where two (2) or more Regional Arbitration Branches have jurisdiction over the workplace of the complainant or petitioner, the Branch that first acquired jurisdiction over the case shall exclude the others.

c) When venue is not objected to before the filing of position papers such issue shall be deemed waived.

d) The venue of an action may be changed or transferred to a different Regional Arbitration Branch other than where the complaint was filed by written agreement of the parties or when the Commission or Labor Arbiter before whom the case is pending so orders, upon motion by the proper party in meritorious cases.

e) Cases involving overseas Filipino workers may be filed before the Regional Arbitration Branch having jurisdiction over the place where the complainant resides or where the principal office of any of the respondents is situated, at the option of the complainant.

SECTION 2.

RAFFLE AND ASSIGN-MENT OF CASES. - a) All complaints and petitions filed with the docket unit of the Regional Arbitration Branch shall be immediately raffled and assigned to a Labor Arbiter from receipt thereof.

(b) The Executive Labor Arbiter shall be responsible for the immediate raffle