Als2014blaborii a third party claim shall be filed

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Unformatted text preview: rty
 • Attorneys
have
authority
to
bind
clients
in
all
manners
of
procedure;
 but
 the
 cannot,
 without
 a
 special
 power
 of
 attorney
 express
 consent,
 enter
into
a
compromise
agreement
with
the
opposing
party
in
full
or
 partial
discharge
of
a
client’s
claim
 o Kanlaon
Construction
Co
v.
NLRC
 Laborers
of
a
construction
company
filed
claims
for
 wages
 and
 13th
 month
 pay.
 Company
 engineers
 admitted
the
company’s
liability
and
agreed
to
pay
 the
money
claims.
 Appearance
on
behalf
of
the
company
required
proof
 of
 authorization.
 The
 engineers
 did
 not
 have
 this.
 It
 was
 incumbent
 upon
 the
 labor
 arbiters
 to
 ascertain
 this
 authority.
 Absent
 this
 authority,
 whatever
 statements
 and
 declarations
 made
 by
 the
 engineer
 Lalay
Abala.
ALS2014B.
Labor
II.
 4. Attorney’s
fee
 • Labor
 Code
 prohibits
 payment
 of
 attorney’s
 fees
 only
 when
 it
 is
 effected
 through
 forced
 contributions
 from
 workers
 from
 their
 own
 funds
as
distinguished
from
the
union
funds.
 o The
obligation
to
pay
belongs
to
the
union
and
cannot
be
 shunted
to
the
workers
as
their
direct
responsibility
 • Any
 agreement
 to
 the
 contrary
 regarding
 such
 payment
 is
 null
 and
 void
 • Negotiation
fee
 o Cebu
Institute
of
Technology
v.
Ople
 The
first
matter
raised
for
clarification
in
this
case
 concerns
 the
 award
 of
 10%
 of
 the
 backwages
 payable
 to
 all
 members
 of
 the
 bargaining
 unit
 as
 negotiation
 fee
 which
 covers
 attorney’s
 fees,
 agency
fee
and
the
like.
 SC
sided
with
the
school.
 The
whole
90%
economic
 package
awarded
by
the
NLRC
can’t
be
the
basis
for
 computing
the
negotiation
fees.
The
law
has
already
 provided
 for
 the
 minimum
 percentage
 of
 tuition
 fee
 increases
 to
 be
 allotted
 for
 teachers
 and
 other
 personnel.
 It
 follows
 that
 only
 the
 amount
 beyond
 that
 mandated
 by
 law
 should
 be
 subject
 to
 negotiation
 fees
 and
 attorney’s
 fees
 for
 the
 simple
 reason
that
it
is
only
this
which
the
employees
had
to
 bargain
for
 • For
services
rendered
by
Union
Officers
 o Labor
 Code
 prohibits
 the
 imposition
 on
 any
 individual
 union
 member
 of
 attorney’s
 fees,
 negotiation
 fees
 and
 similar
 charges
 arising
 from
 negotiation
 of
 a
 bargaining
 agreement
 Collection
 of
 the
 special
 assessment
 partly
 for
 the
 payment
 of
 services
 rendered
 by
 union
 officers,
 consultants
and
others

similar
charges
 • Attorney’s
fee
collectible
only
from
union
funds
 o Article
222
(b)
allows
attorney’s
fees
to
be
charged
against
 “union
funds”
 
 Chapter
III:
Appeal
 Article
223.
Appeal.
 1. No
motion
for
reconsideration
of
labor
arbiter’s
decision
 • If
any
of
the
grounds
mentioned
 in
Article
223
exists,
the
losing
party
 may
 appeal
 the
 Labor
 Arbiter’s
 decision
 to
 the
 NLRC
 within
 10
 days
 from
receipt
of
the
decision
 20
 No
 motion
 for
 reconsideration
 need
 be
 filed;
 NLRC
 Rules
 does
 not
 allow
a
MR
of
a
labor
arbiter’s
decision
 • BUT
in
appealing
an
NLRC
decision,
it
may
be
elevated
to
the
CA
but
a
 MR
should
first
be
filed
 • Final
decisions
cannot
be
amended
 o If
 not
 appealed
 on
 time,
 the
 Labor
 Arbiter’s
 decision
 becomes
final
and
cannot
be
amended
 Periodto
appeal
from
labor
arbiter
 • Ten
calendar
days
 o A
period
of
10
days
from
receipt
of
any
order
is
granted
to
 either
or
to
both
parties
involved
to
appeal
to
the
NLRC
 o 10
 days
 refer
 to
 calendar
 days
 and
 not
 working
 days.
 Hence,
 Saturdays,
 Sundays
 and
 legal
 holidays
 are
 NOT
 to
 be
excluded
(Vir­jen
Shipping
v.
NLRC)
 o Vir‐Jen
 ruling
 can’t
 be
 applied
 prior
 to
 its
 promulgation,
 July
20,
1982
 • Under
the
2005
NLRC
Rules
of
Procedure
 o Decisions,
resolutions
or
orders
of
the
Labor
Arbiter
shall
 be
final
and
executory
unless
appealed
to
the
Commission
 by
any
or
both
 parties
within
ten
(10)
calendar
days
from
 receipt
 thereof;
 and
 in
 case
 of
 decisions,
 resolutions
 or
 orders
 of
 the
 Regional
 Director
 of
 the
 Department
 of
 Labor
 and
 Employment
 pur...
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