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It shall be signed under oath by No docket fee shall be assessed OFW: filed before the RAB
FILING OF COMPLAINT the complainant or petitioner, in labor standards disputes. (Art having jurisdiction over the
in the Regional Arbitration with a declaration of non- 277[d], LC); Venue: Regional place where the complainant
Branch (Sec 3, Rule 3)
forum shopping. (Sec 1, Rule 3) Arbitration Branch having resides or where the principal
jurisdiction over the workplace office of any of the respondents
of the complainant. (Sec 1, Rule is situated, at the option of the
4) complainant. (Sec 1[e], Rule 4)
ISSUANCE OF SUMMONS: by
The bailiff shall submit his PURPOSE OF SUMMONS: To
the LA within two (2) days from The summons shall specify the
receipt of a complaint or return within 2 days from date acquire jurisdiction over the
date, time and place of the of service thereof. Return: his person of the respondent.
amended complaint. (Sec 3,
Rule 5) mandatory conciliation and name; names of persons Petitioner is deemed to have
SERVICE OF SUMMONS mediation conference in two served; date of receipt. If no submitted himself to the
be served personally upon the (2) settings. (Sec 3, Rule 5) service was effected, the reason jurisdiction of the LA upon filing
parties by the bailiff within 3
thereof shall be stated in the of the complaint.
days from receipt.
return.
(Sec 4. Rule 5)
MOTION TO DISMISS GROUNDS TO DISMISS(5): Such motion shall be acted IF YOUR MOTION IS DENIED:
COMPLAINT 1) lack of jurisdiction over the You cannot file a Motion for
upon by the Labor Arbiter
When to File: Before the date subject matter Reconsideration or Appeal as
2) improper venue before the issuance of an order
set for the mandatory this is prohibited under Sec 5(f),
conciliation and mediation 3) res judicata, requiring the submission of
Rule5 of the RROC.
conference. (Sec 6, Rule 5) 4) prescription position paper.
5) forum shopping;
REVIVED? REVIVED?
A party may file a motion to revive At any time after notice thereof and before
or re-open a case dismissed without N N the case is submitted for decision, a party
prejudice, within ten (10) calendar END may file a motion under oath to set aside
days from receipt of notice; the order of waiver upon proper showing
otherwise, the only remedy shall be that his/her failure to appear was due to
to re-file the case. justifiable and meritorious grounds.
Y Y
VERIFIED POSITION PAPER REPLY PP: cover only claims and causes of AMENDMENT OF COMPLAINT
LA directs the parties to submit Reply may be filed by any action stated in the complaint, Filed before the LA at any time
simultaneously their verified party within 10 days including the affidavits of witness- before the filing of position
position papers within 10 from receipt of the es, which shall take the place paper. No amendment of the
calendar days from the date of position paper of the of their direct testimony, excluding complaint is allowed after the
termination of the MCMC. adverse party. (Sec 12d, those that may have been ami- filing of position papers, unless
Rule 5) cably settled. (Sec12c, Rule 5) with leave of the Labor Arbiter.
HEARING/CLARIFICATORY DETERMINATION OF NECESSITY: At the ROLE OF LA IN HEARING/CC: Take full control and person-
CONFERENCE: discretion of LA; He may ask ally conduct the hearing/cc; Asks questions for the purpose
LA shall, motu proprio, clarificatory questions to further elicit of clarifying points of law or facts. Allows the presentation
determine whether there is a facts or information, including but not of testimonial evidence with right of cross-examination by
need for a hearing or limited to the subpoena of relevant the opposing party and shall limit the presentation of
clarificatory conference. documentary evidence, if any, from evidence to matters relevant to the issue before him and
(Sec 13, Rule 5) any party or witness. (Sec 13, Rule 5) necessary for a just and speedy disposition of the case.
ABSENCE OF RETURN
FINALITY OF THE DECISION: CARDS, OR OTHER
CERTIFICATE OF FINALITY: IF DECISION INCLUDES AN ORDER OF
Becomes final and executory PROOFS OF SERVICE
Upon expiration of the REINSTATEMENT: a) the reinstatement
after ten (10) calendar days TO THE PARTIES: the
period (after 10 calendar aspect is immediately executory; and b)
from receipt by the counselor LA may issue a
days), the Labor Arbiter employer must submit a report of
or the parties: IF no appeal is certificate of finality
shall issue a certificate of compliance w/in ten (10) calendar days
filed with the RAB of origin after sixty (60)
finality. from receipt of the said decision.
w/n 10 calendar days from calendar days from
receipt of decision. date of mailing.