May be perfected only upon the posting of a bond

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Unformatted text preview: fied
 pleading
 if
 the
 attending
 circumstances
are
such
that
strict
compliance
with
 o • 14
 2. the
 rule
 may
 be
 dispensed
 with
 in
 order to
 serve
 the
ends
of
justice
 • Party
Respondent
 o Mayon
Hotel
&
Restaurant,
et
al.
v.
Adarna
 Mayon
 Hotel
 &
 Restaurant
 is
 a
 single
 proprietor
 business
 registered
 in
 the
 name
 of
 Pacita
 O.
 Po,
 whose
 mother,
 Josefa,
 manages
 the
 establishment.
 Employees
 filed
 complaints
 for
 underpayment
 of
 wages
and
other
money
claims
against
petitioners.
 Labor
 arbiter
 granted
 the
 money
 claims.
 Labor
 arbiter
also
held
that
based
on
the
evidence,
Josefa
 Po
Lam
was
the
owner/proprietor
even
though
the
 registered
owner
was
Pacita,
the
daughter.

 Was
 it
 correct
 to
 hold
 Josefa
 Po
 Lam
 liable
 as
 the
 owner,
and
the
proper
respondent
in
the
case?
YES.
 Only
Josefa
appeared
in
the
proceedings
and
 it
was
 only
on
appeal
with
the
NLRC
that
Pacita
signed
the
 pleading.
 The
 findings
 of
 the
 Labor
 Arbiter
 were
 based
 on
 credible,
 competent
 and
 substantial
 evidence.
 Article
221
of
the
Labor
Code
is
clear:
technical
rules
 are
 not
 binding,
 and
 the
 application
 of
 technical
 rules
 of
 procedure
 may
 be
 relaxed
 in
 labor
 cases
 to
 serve
 the
 demand
 of
 substantial
 justice.
 In
 a
 complaint
 for
 underpayment
 of
 wages
 and
 other
 money
 claims
 filed
 by
 employees
 of
 a
 single
 proprietorship
 business,
 the
 respondent
 should
 be
 the
business
owner.
This
is
not
necessarily
the
person
 in
whose
name
the
business
is
registered.
 • 
Prohibited
pleadings
and
motions
 o NLRC
2005
Rules
prohibit
the
following:
 Motion
 to
 dismiss
 the
 complaint
 except
 on
 the
 ground
 of
 lack
 of
 jurisdiction
 over
 the
 subject
 matter,
 improper
 venue,
 res
 judicata,
 prescription
 and
forum
shopping
 Motion
for
a
Bill
of
Particulars
 Motion
for
new
trial
 Petition
 for
 relief
 from
 judgment
 when
 filed
 with
 the
Labor
Arbiter
 Petition
for
Certiorari,
Mandamus,
or
Prohibition
 Motion
to
declare
respondent
in
default
 Motion
 for
 Reconsideration
 or
 appeal
 from
 any
 interlocutory
order
of
the
Labor
Arbiter
 Mandatory
 conciliation
 and
 mediation
 conference;
 compromise
 encouraged
 • Nature
of
proceedings
 o Proceedings
before
the
Labor
Arbiter
shall
be
non‐litigous
 • Mandatory
conciliation
and
mediation
conference
 o Such
is
called
for
the
purpose
of
 Amicably
settling
the
case
upon
a
fair
compromise
 Lalay
Abala.
ALS2014B.
Labor
II.
 Determining
the
real
parties
in
the
interest
 Determining
 the
 necessity
 of
 amending
 the
 complaint
and
including
all
causes
of
action
 Defining
and
simplifying
the
issues
in
the
case
 Entering
into
admissions
or
stipulation
of
facts
 Threshing
out
all
the
other
preliminary
matters
 o Labor
 arbiter
 shall
 preside
 and
 take
 full
 control
 of
 the
 proceedings
 o Conciliation
and
mediation
efforts
shall
be
exerted
by
the
 Labor
 Arbiter
 all
 throughout
 the
 proceedings.
 Should
 the
 parties
 arrive
 at
 any
 agreement
 as
 to
 the
 whole
 or
 any
 part
 of
 the
 dispute,
 the
 same
 shall
 be
 reduced
 to
 writing
 and
 signed
 by
 the
 parties
 and
 their
 respective
 counsel
 or
 authorized
representative,
if
any,
before
the
Labor
Arbiter
 o Compromise
 agreement
 shall
 be
 approved
 by
 the
 Labor
 Arbiter,
 if
 after
 explaining
 to
 the
 parties,
 particularly
 to
 the
complainants,
he
is
satisfied
that
they
understand
the
 agreement,
 that
 the
 same
 was
 entered
 into
 freely
 and
 voluntarily
 by
 them,
 and
 that
 it
 is
 not
 contrary
 to
 law,
 morals,
and
public
policy
 o Compromise
 agreement
 
 final
 and
 binding
 upon
 the
 parties
 and
 shall
 have
 the
 force
 and
 effect
 of
 judgment
 rendered
by
the
Labor
Arbiter
 o Mandatory
 conciliation
 and
 mediation
 conference
 shall,
 except
 for
 justifiable
 grounds,
 be
 terminated
 within
 30
 calendar
days
from
the
date
of
the
first
conference
 o No
 motion
 for
 postponement
 shall
 be
 entertained
 except
 on
...
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