Exceptasprovidedinsection9ofrulexthedecisionsresolutio

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Unformatted text preview: arbiter
in
hearing
and
clarificatory
conference
 o The
 Labor
 Arbiter
 shall
 take
 full
 control
 and
 personally
 conduct
 the
 hearing
 or
 clarificatory
 conference.
 Unless
 otherwise
 provided
 by
 law,
 the
 Labor
 Arbiter
 shall
 determine
 the
 order
 of
 presentation
 of
 evidence
 by
 the
 parties,
 subject
 to
 the
 requirements
 of
 due
 process.
 He
 shall
examine
the
parties
and
their
witnesses
with
respect
 to
 the
 matters
 at
 issue;
 and
 ask
 questions
 only
 for
 the
 purpose
 of
 clarifying
 points
 of
 law
 or
 fact
 involved
 in
 the
 case.
He
shall
limit
the
presentation
of
evidence
to
matters
 relevant
 to
 the
 issue
 before
 him
 and
 necessary
 for
 a
 just
 and
speedy
disposition
of
the
case. o In
 the
 cross‐examination
 of
 witnesses,
 only
 relevant,
 pertinent
 and
 material
 questions
 necessary
 to
 enlighten
 the
Labor
Arbiter
shall
be
allowed.
 4. Lalay
Abala.
ALS2014B.
Labor
II.
 The
 Labor
 Arbiter
 shall
 make
 a
 written
 summary
 of
 the
 proceedings,
 including
 the
 substance
 of
 the
 evidence
 presented,
 in
 consultation
 with
 the
 parties.
 The
 written
 summary
shall
be
signed
by
the
parties
and
shall
form
part
 of
the
records.
 • Non­appearance
 of
 parties;
 postponement
 of
 hearing
 and
 clarificatory
conferences
 o Non‐appearance
 at
 a
 hearing
 or
 clarificatory
 conference
 by
 the
 complainant
 or
 petitioner,
 who
 was
 duly
 notified
 thereof,
 may
 be
 sufficient
 cause
 to
 dismiss
 the
 case
 without
prejudice.Subject
to
Section
16
of
this
Rule,
where
 proper
justification
is
shown
by
proper
motion
 to
warrant
 the
 re‐opening
 of
 the
 case,
 the
 Labor
 Arbiter
 shall
 call
 another
 hearing
 or
 clarificatory
 conference
 and
 continue
 the
 proceedings
 until
 the
 case
 is
 finally
 decided.
 The
 dismissal
 of
 the
 case
 for
 the
 second
 time
 due
 to
 the
 unjustified
 non‐appearance
 of
 the
 complainant
 or
 petitioner,
 who
 was
 duly
 notified
 of
 the
 clarificatory
 hearing,
shall
be
with
prejudice.
 o In
 case
 the
 respondent
 fails
 to
 appear
 during
 the
 hearing
 or
clarificatory
conference
despite
due
notice
thereof,
the
 complainant
 shall
 be
 allowed
 to
 present
 evidence
 ex‐ parte,
 without
 prejudice
 to
 cross‐examination
 at
 the
 next
 hearing
 or
 conference.
 2
 successive
 non‐appearances
 by
 the
 respondent
 during
 his
 scheduled
 presentation
 of
 evidence
 or
 opportunity
 to
 cross‐examine
 witnesses,
 despite
due
notice
thereof,
shall
be
construed
as
a
waiver
 on
 his
 part
 to
 present
 evidence
 or
 conduct
 cross‐ examination.
 o The
parties
and
their
counsels
appearing
before
the
Labor
 Arbiter
 shall
 be
 prepared
 for
 continuous
 hearing
 or
 clarificatory
conference.
No
postponement
or
continuance
 shall
 be
 allowed
 by
 the
 Labor
 Arbiter,
 except
 upon
 meritorious
 grounds
 and
 subject
 always
 to
 the
 requirement
 of
 expeditious
 disposition
 of
 cases.
 In
 any
 case,
 the
 hearing
 or
 clarificatory
 conference
 shall
 be
 terminated
within
ninety
(90)
calendar
days
from
the
date
 of
the
initial
hearing
or
conference.
 o In
 cases
 involving
 overseas
 Filipino
 workers,
 the
 aggregate
 period
 for
 conducting
 the
 mandatory
 conciliation
 and
 mediation
 conference,
 including
 hearing
 on
the
merits
or
clarificatory
conference,
shall
not
exceed
 60
 days,
 which
 shall
 be
 reckoned
 from
 the
 date
 of
 acquisition
 of
 jurisdiction
 by
 the
 Labor
 Arbiter
 over
 the
 person
of
the
respondents.
 Submission
of
the
case
for
decision
 • Upon
the
submission
by
the
parties
of
their
position
papers
or
replies,
 or
the
lapse
of
the
period
to
submit
the
same,
the
case
shall
be
deemed
 submitted
for
decision
unless
the
Labor
Arbiter
calls
for
a
hearing
or
 clarificatory
 conference
 in
 accordance
 with
 Section
 8
 of
 this
 Rule,
 in
 o 5. 17
 6. which
 case,
 notice
 of
 hearing
 or
 clarificatory
 conference
 shall
 be
 immediately
sent
to
the
parties.
Upon
termination
of
the
said
hearing
 or
conference,
the
case
shall
be
deemed
submitted
for
decision.
 • Position
papers
as
basis
of
decision
 o Procedure
 by
 which
 issues
 are
 resolved
 based
 only
 on
 position
 papers,
 affidavits
 or
 documentary
 evidence,
 if
 agreed
 upon
 by
 the
 parties,
 may
 be
 availed
 of
 by
 the...
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This document was uploaded on 03/11/2014.

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