His participation is

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Unformatted text preview: ffecting
 its
 administration
 and
 operations.
 It
 may,
 on
 temporary
 or
 emergency
 basis,
allow
cases
within
the
jurisdiction
of
any
Division
to
be
heard
by
 any
 other
 Division
 whose
 docket
 allows
 the
 additional
 workload
 and
 such
 transfer
 will
 not
 expose
 litigants
 to
 unnecessary
 additional
 expense.
 • Divisions.
‐
 Unless
 otherwise
 provided
 by
 law,
 the
 Commission
 shall
 exercise
 its
 adjudicatory
 and
 all
 other
 powers,
 functions
 and
 duties
 through
 its
 five
 (5)
 Divisions.
 Each
 Division
 shall
 consist
 of
 one
 member
 from
 the
 public
 sector
 who
 shall
 act
 as
 the
 Presiding
 Commissioner
and
one
member
each
from
the
workers
and
employers
 sectors,
respectively.
 o The
 presence
 of
 at
 least
 two
 (2)
 Commissioners
 of
 a
 Division
shall
constitute
a
quorum.The
concurrence
of
two
 (2)
Commissioners
of
a
Division
shall
be
necessary
for
the
 pronouncement
of
a
judgment
or
resolution.
 o Whenever
 the
 required
 membership
 in
 a
 Division
 is
 not
 complete
 and
 the
 concurrence
 of
 two
 (2)
 Commissioners
 to
 arrive
 at
 a
 judgment
 or
 resolution
 cannot
 be
 obtained,
 the
 Chairman
 shall
 designate
 such
 number
 of
 additional
 Commissioners
 from
 the
 other
 Divisions
 as
 may
 be
 necessary
from
the
same
sector.
 o Role
 of
 Chairman
 in
 the
 Division.
 ‐
 The
 Chairman
 of
 the
 Commission
may
convene
and
preside
over
the
session
of
 any
 Division
 to
 consider
 any
 case
 pending
 before
 it
 and
 participate
 in
 its
 deliberations,
 if
 in
 his
 judgment,
 his
 presence
 therein
 will
 best
 serve
 the
 interests
 of
 labor
 o Lalay
Abala.
ALS2014B.
Labor
II.
 • • • • • • justice.
He
shall
not
however,
participate
in
the
voting
by
 the
 Division,
 except
 when
 he
 is
 acting
 as
 Presiding
 Commissioner
of
the
Division
in
the
absence
of
the
regular
 Presiding
Commissioner.
 Issues
on
appeal
 o Commission
 shall
 limit
 itself
 to
 reviewing
 those
 issues
 which
are
raised
on
appeal
 o Those
 which
 are
 not
 raised
 on
 appeal
 shall
 be
 final
 and
 executory
 Technical
rules
not
binding
 o In
any
proceeding
before
the
Commission,
the
parties
may
 be
represented
by
legal
counsel
but
it
shall
be
the
duty
of
 the
 Chairman,
 any
 Presiding
 Commissioner
 or
 Commissioner
 to
 exercise
 complete
 control
 of
 the
 proceedings
at
all
stages
 Evidence
submitted
on
appeal
to
NLRC
 o Rule
is
that
NLRC
is
not
precluded
from
receiving
evidence
 on
appeal
as
technical
rules
of
evidence
are
not
binding
in
 labor
cases
 o Philippine
Telegraph
and
Telephone
Corporation
v.
NLRC
 On
 appeal,
 employer
 submitted
 evidence
 showing
 payment
to
the
employee
of
holiday
pay,
etc.
NLRC
 rejected
the
same
 The
 belated
 presentation
 of
 the
 evidence
 nothwithstanding,
 NLRC
 should
 have
 considered
 them
 just
 the
 same.
 Technical
 rules
 of
 evidence
 are
 not
binding
in
labor
cases.
 Conciliation/Mediation
 o Even
when
the
case
is
elevated
on
appeal
to
the
NLRC,
the
 Commission
 shall
 exert
 all
 efforts
 towards
 amicable
 settlement
of
the
labor
dispute.
 o Settlement
 of
 cases
 on
 appeal,
 to
 be
 valid
 and
 binding
 between
 the
 parties,
 shall
 be
 made
 before
 the
 Commissioner
or
his
authorized
representative
 Consultation
 o The
 conclusions
 of
 a
 Division
 on
 any
 case
 or
 matter
 submitted
 to
 it
 for
 decision
 shall
 be
 reached
 in
 consultation
 before
 the
 case
 is
 assigned
 to
 a
 member
 for
 the
 writing
 of
 the
 opinion.
 It
 shall
 be
 mandatory
 for
 the
 Division
 to
 meet
 for
 the
 purpose
 of
 the
 consultation
 ordained
herein.
 o A
 certification
 to
 this
 effect
 signed
 by
 the
 Presiding
 Commissioner
 of
 the
 Division
 shall
 be
 issued
 and
 a
 copy
 thereof
attached
to
the
record
of
the
case
and
served
upon
 the
parties.
 Dissenting
Opinion
 o Should
any
member
of
a
Division
indicate
his
intention...
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