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!
The cases under the original and exclusive jurisdiction of the voluntary arbitrator are the following:
1.) Unresolved grievances coming from the interpretation and implementation of the CBA
2.) Unresolved grievances coming from the interpretation and implementation of company personnel policies
3.) All other labor disputes including ULPs and lockouts
Grievances not settled through the grievance machinery in the CBA within 7 calendar days are to be brought to the voluntary arbitrator. The voluntary arbitrator will then have 20 calendar days to resolve the dispute.
The award of the voluntary arbitrator acting within the scope of his jurisdiction governs the parties' rights and their decisions have the same level as those of the courts. A decision of the voluntary arbitrator takes effect after 10 calendar days from receipt of the parties. The remedy is to file a petition for review with the CA under Rule 43 of the Rules of Court within the 10-day period. Filing of a motion for reconsideration is not allowed. A dissenting opinion from the panel of voluntary arbitrators is not binding on the parties.
Fixing of the fee for voluntary arbitration shall include the following:
1.) Nature of the case
2.) Time used while hearing the case
3.) Voluntary arbitrator's personal standing
4.) Capacity to pay of the parties
5.) Fees provided in the Rules of Court
The voluntary arbitrator is chosen by the parties. In case of a grave abuse of discretion, a petition for certiorari under rule 65 of the Rules of Court can be sent to the SC. The SC, as a matter of policy will remand the case to the CA.
1.) Nature of the case
2.) Time used while hearing the case
3.) Voluntary arbitrator's personal standing
4.) Capacity to pay of the parties
5.) Fees provided in the Rules of Court
The voluntary arbitrator is chosen by the parties. In case of a grave abuse of discretion, a petition for certiorari under rule 65 of the Rules of Court can be sent to the SC. The SC, as a matter of policy will remand the case to the CA.
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