Periodormannerofappealfromthenlrctothecais

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Unformatted text preview: or
 purposes
 of
 appeal,
 the
 period
 shall
 be
 counted
 from
 receipt
 of
 such
 decisions,
 resolutions,
or
orders
by
the
counsel
or
representative
of
 record.
 o The
 Bailiff
 or
 officer
 serving
 the
 notice,
 order,
 resolution
 or
 decision
 shall
 submit
 his
 return
 within
 two
 (2)
 days
 from
 date
 of
 service
 thereof,
 stating
 legibly
 in
 his
 return
 his
name,
the
names
of
the
persons
served
and
the
date
of
 receipt,
 which
 return
 shall
 be
 immediately
 attached
 and
 shall
form
part
of
the
records
of
the
case.
In
case
of
service
 by
 registered
 mail,
 the
 Bailiff
 or
 officer
 shall
 write
 in
 the
 return,
 the
 names
 of
 persons
 served
 and
 the
 date
 of
 mailing
 of
 the
 resolution
 or
 decision.
 If
 no
 service
 was
 effected,
the
service
officer
shall
state
the
reason
therefor
 in
the
return.
 • Proof
and
completeness
of
service
 o The
 return
 is
 prima
 facie
 proof
 of
 the
 facts
 indicated
 therein.
 Service
 by
 registered
 mail
 is
 complete
 upon
 18
 8. 9. receipt
by
the
addressee
or
his
agent;
but
if
the
addressee
 fails
 to
 claim
 his
 mail
 from
 the
 post
 office
 within
 five
 (5)
 days
 from
 the
 date
 of
 first
 notice
 of
 the
 postmaster,
 service
shall
take
effect
after
such
time.
 o Section
 4,
 Rule
 13
 of
 the
 Rules
 of
 Court
 which
 is
 suppletory
 provides:
 Service
 of
 the
 papers
 may
 be
 made
 by
 delivering
 personally
 a
 copy
 to
 the
 party
 or
 his
 attorney,
or
by
leaving
it
in
his
office
with
his
clerk
or
with
 a
person
having
charge
thereof.
If
no
person
is
found
in
his
 office,
or
his
office
is
not
known,
then
by
leaving
the
copy,
 between
 the
 hours
 of
 8
 in
 the
 morning
 and
 6
 in
 the
 evening,
 at
 the
 party’s
 or
 attorney’s
 residence,
 if
 known, with
a
person
of
sufficient
discretion
to
receive
the
same.
 Resolution
of
doubt
in
law
or
evidence
 • Doubt
as
to
the
interpretation
of
labor
laws
and
regulations
has
to
be
 resolved
in
favor
of
labor
 o This
legal
precept
extends
to
doubts
about
the
evidence
of
 the
disputants
 • Nicario
v.
NLRC,
Mancao
Supermarket
 o In
 her
 claim
 for
 overtime
 pay,
 petitioner
 alleged
 that
 she
 worked
12
hours
a
day.
Company
relied
on
her
daily
time
 records
 (DTRs)
 to
 allege
 that
 she
 only
 worked
 8
 hours
 a
 day.
NLRC
sided
with
the
company
 o NLRC’s
 reliance
 on
 the
 DTRs
 submitted
 by
 the
 employer
 is
 misplaced.
 The
 time
 records
 were
 unreliable
 because
 the
 originals
were
not
presented,
company
makes
it
appear
that
 employee
 has
 2
 hour
 rest
 period,
 and
 that
 all
 entries
 are
 suspiciously
consistent.
If
doubts
exist
between
the
evidence
 presented
 by
 the
 employer
 and
 the
 employee,
 the
 scales
 of
 justice
 must
 be
 tilted
 in
 favor
 of
 the
 latter.
 Doubts
 reasonably
arising
from
evidence,
or
in
the
interpretation
of
 agreements
and
writing
should
be
resolved
in
the
laborer’s
 favor.
 Decision
of
labor
arbiter
 • 
The
 Labor
 Arbiter
 shall
 render
 his
 decision
 within
 thirty
 (30)
 calendar
days,
without
extension,
after
the
submission
of
the
case
by
 the
 parties
 for
 decision,
 even
 in
 the
 absence
 of
 stenographic
 notes;
 Provided
 however,
 that
 cases
 involving
 overseas
 Filipino
 workers
 shall
be
decided
within
ninety
(90)
calendar
days
after
the
filing
of
the
 complaint
which
shall
commence
to
run
upon
acquisition
by
the
Labor
 Arbiter
of
jurisdiction
over
the
respondents
 • Contents
of
decisions
 o The
 decisions
 and
 orders
 of
 the
 Labor
 Arbiter
 shall
 be
 clear
 and
 concise
 and
 shall
 include
 a
 brief
 statement
 of
 the:
 Facts
of
the
case;
 Issues
involved;
 Applicable
laws
or
rules;
 Donclusions
and
the
reasons
therefor;
 Specific
remedy
or
relief
granted.

 Lalay
Abala.
ALS2014B.
Labor
II.
 In
 cases
 involving
 monetary
 awards,
 the
 decisions
 or
 orders
 of
 the
 Labor
 Arbiter
 shall
 contain
...
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