I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Now that you've read this article and this one, here's what happens next.
Labor Arbiter
Under Art. 221 of the Labor Code, a decision of the labor arbiter that has become final and executory can still be changed by agreement of the parties. This is because Art. 221 requires the labor arbiter to exert all possible effort to help both parties to the case arrive at an amicable settlement. In fact, an amicable settlement while a case is pending, even before the NLRC, is allowed.
A judgment of the labor arbiter won't bind parties that didn't sign the agreement; therefore res judicata can't be raised as a valid argument.
A decision, order or award from the labor arbiter can be stayed by perfecting an appeal to the NLRC; the exception is reinstatement, which is immediately executory. These are the steps:
1.) Within 10 days from receipt of the decision, file a notice of appeal with an appeal memorandum. It must be verified by the appellant and carry an certificate of non-forum shopping. The following must be shown:
a.) The verification must be made in accordance withe Sec. 4 of Rule 7 of the Rules of Court.
b.) The memorandum must contain the grounds relied on, the arguments that support them, the reliefs prayed for and a statement of the date the appellant received the decision, order or resolution.
c.) The notice of appeal, as well as the memorandum, must be made in 3 copies.
2.) Proof of service to the other party must also be shown, as well as proof of payment of the appeal fees.
3.) Put up a cash /surety bond equal to the award in the judgment.
The grounds for appeal from the labor arbiter/DOLE regional director are the following:
1.) Prima facie evidence of abuse of discretion on the part of the labor arbiter/regional director
2.) The decision, resolution or order in question was secured through fraud or coercion, including graft and corruption
3.) Made purely on questions of law
4.) Raising of serious errors made in the findings of fact which could cause grave or irreparable damage or injury to the appellant if not corrected
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