Apetitionforcertiorarishouldbeprecededbyexhaustion

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Unformatted text preview: 
 arbiter
 Not
violative
of
due
process
clause
 Affidavits
 in
 such
 case
 may
 take
 the
 place
 of
 their
 direct
testimony
 Labor
arbiter
may
still
choose
to
call
for
a
hearing
 o If
 the
 employer
 filed
 no
 position
 paper
 despite
 adequate
 notice,
labor
arbiter
is
justified
in
deciding
the
case
based
 on
the
position
papers
on
record
 • Lack
of
verification,
not
fatal
 o Lack
 of
 verification
 of
 position
 paper‐affidavit
 is
 a
 formal
 defect.
It
could
easily
be
corrected
by
requiring
an
oath
 • Due
process:
opportunity
to
be
heard
 o Procedural
due
process
means
that
a
party
to
a
case
must
 be
given
sufficient
opportunity
to
be
heard
 o What
the
law
prohibits
is
the
 absolute
 lack
of
opportunity
 to
be
heard
 There
 is
 no
 denial
 of
 due
 process
 where
 the
 employer
 was
 duly
 represented
 by
 counsel
 and
 given
 sufficient
 opportunity
 to
 be
 heard
 and
 present
 his
 evidence,
 nor
 where
 the
 employer’s
 failure
 to
 be
 heard
 was
 done
 due
 to
 the
 various
 postponements
 granted
 to
 it
 or
 to
 his
 repeated
 failure
to
appear
during
the
hearings
 • Inhibition
 o 
Labor
 Arbiter
 may
 voluntarily
 inhibit
 himself
 from
 the
 resolution
of
a
case
and
shall
so
state
in
writing
the
legal
 justifications
 therefor.
 Upon
 motion
 of
 a
 party,
 either
 on
 the
ground
of
relationship
within
the
fourth
civil
degree
of
 consanguinity
 or
 affinity
 with
 the
 adverse
 party
 or
 counsel,
 or
 on
 question
 of
 impartiality,
 the
 Labor
 Arbiter
 may
inhibit
himself
from
further
hearing
and
deciding
the
 case.
 Such
 motion
 shall
 be
 resolved
 within
 five
 (5)
 days
 from
 the
 filing
 thereof.
 An
 order
 denying
 or
 granting
 a
 motion
for
inhibition
is
inappealable.
 • Due
process
includes
impartiality
of
the
appeal
body
 o Officer
 who
 reviews
 a
 case
 on
 appeal
 should
 not
 be
 the
 same
person
whose
decision
is
the
subject
of
review
 Suspension
of
proceedings
 • Rubberworld
(Phil.)
Inc.
v.
NLRC
 o When
a
corporation
petitions
the
SEC
for
a
declaration
of
 suspension
of
payments
and
that
it
is
being
rehabilitated,
 all
 actions
 for
 claims
 against
 such
 corporation
 pending
 Lalay
Abala.
ALS2014B.
Labor
II.
 7. before
any
court,
tribunal,
board
or
body
shall
be
suspended
 accordingly.
 o Such
 suspension
 of
 proceedings
 applies
 even
 to
 complaints
 for
 illegal
 dismissal,
 unfair
 labor
 practice,
 damages
 and
 payment
of
separation
pay,
retirement
benefits,
13th
month
 pay
 and
 SIL
 which
 employees
 have
 filed
 with
 and
 were
 awaiting
resolution
by
a
labor
arbiter.
 Filing
and
service
of
pleadings
and
decisions
 • All
 pleadings
 in
 connection
 with
 the
 case
 shall
 be
 filed
 with
 the
 appropriate
 docketing
 unit
 of
 the
 Regional
 Arbitration
 Branch
 of
 the
 Commission,
as
the
case
maybe
 • Party
filing
the
pleading
shall
serve
the
opposing
parties
with
a
copy
 thereof
 and
 its
 supporting
 documents
 in
 the
 manner
 provided
 in
 the
 NLRC
Rules
with
proof
of
service
thereof
 • Service
of
notice
and
resolutions
 o 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.
 F...
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