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RULES ON PLEADINGS IN LABOR CASES
The following rules are based on the 2011 NLRC Rules of Procedure, as amended:
Complaint
A complaint or petition is a pleading alleging the cause or causes of action of the complainant or petitioner. The names and addresses of all complainants or petitioners and respondents must be stated in the complaint or petition. It shall be signed under oath by the complainant or petitioner, with a declaration of non-forum shopping.
A party having more than one cause of action against the other party, arising out of the same relationship, shall include all of them in one complaint or petition. (1a)
In all cases filed with the Commission or with any of its Regional Arbitration Branches, the party initiating the action shall be called the “Complainant” or “Petitioner”, and the opposing party the “Respondent”.
The full names of all the real parties in interest, whether natural or juridical persons or entities authorized by law, shall be stated in the caption of the complaint or petition, as well as in the decisions, resolutions or orders of the Labor Arbiter or the Commission.
Filing of pleadings
All pleadings in connection with a case shall be filed with the appropriate docketing unit of the Regional
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Arbitration Branch or the Commission, as the case may be.
In the event that the pleadings are filed through registered mail or courier authorized by the Commission, the date of mailing shall be considered as the date of filing thereof. (En Banc Resolution No. 05-14, Series of 2014)
The party filing a pleading shall serve the opposing parties with a copy and its supporting documents. No pleading shall be considered without proof of service to the opposing parties except if filed simultaneously during a schedule set before the Labor Arbiter.
The rules require as well that notices and copies of resolutions or orders shall be served personally upon the parties by the bailiff or duly authorized public officer within three (3) days from his/her receipt thereof or by registered mail or by courier authorized by the Commission. (As amended by En Banc Resolution No. 05-14, Series of 2014)
In case of decisions and final awards, copies thereof shall be served on both parties and their counsel or representative by personal service, by registered mail or by courier authorized by the Commission. Provided that, in cases where a party to a case or his/her counsel on record personally seeks service of the decision upon inquiry thereon, service to said party shall be deemed effected as herein provided.
Where parties are numerous, service shall be made on counsel and upon such number of complainants, as may be practicable and shall be considered substantial compliance with Article 224 (now 230) (a) of the Labor Code, as amended. (As amended by En Banc Resolution No. 05-14, Series of 2014)
For purposes of appeal, the period shall be counted from receipt of such decisions, resolutions, or orders by the counsel or representative of record.
The bailiff or officer serving the notice, order, or resolution shall submit his/her return within two (2) days from date of service thereof, stating legibly in his/her return his/her 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 or by courier authorized by the Commission, the name of the addressee and the date of receipt of the notice, order or resolution shall be written in the return card or in the proof of service issued by the private courier. If no service was effected, the reason thereof shall be so stated. (As amended by En Banc Resolution No. 05-14, Series of 2014)
Completeness of Service
The return is prima facie proof of the facts indicated therein. Service by registered mail or by courier authorized by the Commission is complete upon receipt by the addressee or his/her agent. If the addressee fails to claim his/her 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.
(As amended by En Banc Resolution No. 05-14, Series of 2014)
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