Welgangbayanpeoplesstrike o in the nature of a

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Unformatted text preview: the
directives
of
the
arbitrator,
and
the
 procedural
 rules
 of
 appropriate
 agencies
 like
 the
 NCMB
 Procedural
 Guidelines
in
Conduct
of
Voluntary
Arbitration
Proceedings
 • Arbitrator
is
not
bound
by
the
Rules
of
Court
 Ethical
standards
of
arbitrators
 • An
arbitrator
is
obliged
to
maintain
a
high
level
of
professional
ethics
 in
 his
 relationships
 with
 the
 parties
 and
 the
 appointing
 agencies.
 He
 also
 has
 a
 responsibility
 to
 society.
 His
 conduct
 should
 be
 above
 reproach.
 Since
 in
 effect,
 he
 is
 a
 judge,
 and
 his
 ethics
 must
 be
 on
 the
 same
 high
 level
 as
 the
 code
 that
 governs
 the
 conduct
 of
 judicial
 tribunals.
 Voluntary
arbitration
award,
generally
final;
exceptions
 • Continental
Marble
Corp.
et
al.
v.
NLRC
 o The
 decisions
 of
 voluntary
 arbitrators
 must
 be
 given
 the
 highest
 respect
 and,
 as
 a
 general
 rule,
 must
 be
 accorded
 a
 certain
measure
of
finality.
It
is
not
correct,
however,
that
this
 respect
 precludes
 the
 exercise
 of
 judicial
 review
 over
 their
 decisions.
The
SC
may
take
cognizance
of
petitions
questioning
 these
 decisions
 where
 want
 of
 jurisdiction,
 grave
 abuse
 of
 discretion,
 violation
 of
 due
 process,
 denial
 of
 substantial
 justice,
or
 erroneous
interpretation
of
the
law
are
brought
to
 its
attention.
 • Motion
for
reconsideration
 o Before:
voluntary
arbitrator’s
decision
or
award
could
be
the
 subject
of
a
MR
 o NOW:
 DO
 40‐03
 states
 that
 “The
 decision,
 order,
 resolution
 or
 award
 of
 the
 voluntary
 arbitrator
 or
 panel
 of
 voluntary
 arbitrators
 shall
 be
 final
 and
 executory
 after
 10
 calendar
 6
 • • • days
from
receipt
of
the
copy
of
the
award
or
decision
by
the
 parties
and
it
shall
not
be
subject
of
a
MR”
 Review
of
award
by
certiorari
 o Luzon
Development
Bank
v.
Associationof
Luzon
Development
 Bank
Employees
 The
voluntary
arbitrator,
whether
acting
solely
or
in
 a
 panel,
 enjoys
 in
 law
 the
 status
 of
 a
 quasi­judicial
 agency
 but
 independent
 of,
 and
 apart
 from,
 the
 NLRC
 since
 his
 decisions
 are
 not
 appealabe
 
 to
 the
 latter.
 Assuming
arguendo
that
the
voluntary
arbitrator
or
 the
 panel
 may
 not
 strictly
 be
 considered
 a
 quasi­ judicial
 agency,
 board
 or
 commission,
 still
 both
 he
 and
the
panel
are
comprehended
within
the
concept
 of
a
“quasi­judicial
instrumentality”
 In
 effect,
 this
 equates
 the
 award
 or
 decision
 of
 the
 voluntary
 arbitrator
 with
 that
 of
 the
 RTC.
 Consequently,
 in
 a
 petition
 for
 certiorari
 from
 that
 award
 or
 decision,
 the
 CA
 must
 be
 deemed
 to
 have
 concurrent
 jurisdiction
 with
 the
 SC.
 As
 a
 matter
 of...
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This document was uploaded on 03/11/2014.

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