Amending the Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings
On October 27, 2009, the Tripartite Voluntary Arbitration Advisory Council issued Resolution No. 1-09 to amend the Revised Procedural Guidelines for voluntary arbitration proceedings in the Philippines. This resolution empowers the National Conciliation and Mediation Board (NCMB) to appoint an Alternate Voluntary Arbitrator in cases where the original arbitrator is absent, incapacitated, deceased, or inhibited. The amendments clarify the definition of an Alternate Voluntary Arbitrator and outline their jurisdiction and the processes for issuing Writs of Execution in such circumstances. These updates aim to enhance the reliability of voluntary arbitration as a preferred method for resolving labor disputes and ensure timely enforcement of arbitration decisions.
October 27, 2009
TVAAC RESOLUTION NO. 1-09
AMENDING THE REVISED PROCEDURAL GUIDELINES IN THE CONDUCT OF VOLUNTARY ARBITRATION PROCEEDINGS AND AUTHORIZING THE NCMB TO APPOINT AN ALTERNATE VOLUNTARY ARBITRATOR
WHEREAS, the existing Revised Procedural Guidelines approved on March 7, 2005 provide, among others, for the issuance of a writ of execution by a Voluntary Arbitrator or a Labor Arbiter in case of absence or incapacity of the former to enforce Voluntary Arbitrator's decision, resolution, order, or award;
WHEREAS, there were writs of execution on Voluntary Arbitrator's decision, resolution, order, or award that were not immediately issued within the period as required by law due to absence, incapacity, death, or inhibition of the voluntary arbitrator;
WHEREAS, notwithstanding the authority of the Labor Arbiter to issue the Writs of Execution in cases of absence, incapacity, death, or inhibition of the Voluntary Arbitrator, there is a need to further strengthen confidence to voluntary arbitration as a preferred mode of settling labor disputes;
WHEREAS, in furtherance to the strengthening of the Voluntary Arbitration Program, the Council recognizes the need for NCMB to be vested with the power to appoint an Alternate Voluntary Arbitrator to issue the Writ of Execution in the cases aforementioned;
NOW THEREFORE, RESOLVED, AS IT IS HEREBY RESOLVED, that Rule II, Section 1 (e); Rule IV, Section 4; and Rule VIII, Section 1 paragraph 2 and Section 2 of the Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings shall be respectively amended as follows:
"Rule II
Section 1 (e). . . .
1. . . .
2. . . .
3. Alternate Voluntary Arbitrator — the voluntary arbitrator appointed by the Board to continue the proceedings of the previous voluntary arbitrator in the event of the latter's absence, death, incapacity or inhibition." CETIDH
"Rule IV
Section 4. When Jurisdiction is Exercised. — The voluntary arbitrator shall exercise jurisdiction over specific case/s:
1) . . .
2) . . .
3) . . .
3.1 . . .
3.2 . . .
4) Upon receipt of an appointment as Alternate Voluntary Arbitrator by the Board in either of the following circumstances:
4.1 In the event the parties fail to select another arbitrator within seven days;
4.2 In case of absence, death, incapacity, or inhibition of the previous voluntary arbitrator."
"RULE VIII
Section 1. Enforcement of Decision. — . . .
In case of absence, death, incapacity, or inhibition of the voluntary arbitrator who issued the decision, resolution, order, or award, the motion shall be filed with the Labor Arbiter in the region having jurisdiction over the workplace, or the Alternate Voluntary Arbitrator appointed by the Board. The filing of a Motion for the Issuance of a Writ of Execution is without prejudice to any other action the aggrieved party may take against the non-complying party such as a Petition for Contempt or imposition of fines and penalties.
Section 2. Pre-Execution Conference. — Within two (2) working days from the receipt of the motion for the issuance of a writ of execution, the voluntary arbitrator or in case of his absence, death, incapacity, or inhibition, the Labor Arbiter or the ALTERNATE VOLUNTARY ARBITRATOR before whom the motion is filed, shall schedule a Pre-Execution Conference to thresh out matters relevant to execution."
THESE GUIDELINES SHALL BE SUBJECT to the approval of the Secretary of Labor and Employment. All other resolutions that are inconsistent with this Resolution are hereby deemed amended, modified or superseded. cSCTID
APPROVED this 27th day of October 2009, in Quezon City, Philippines.
(SGD.) REYNALDO R. UBALDOChairman
(SGD.) PERLITA B. VELASCOMember, Government Sector
(SGD.) ALLAN S. MONTAÑOMember, Labor Sector
(SGD.) GASTON V. TAQUIOMember, Labor Sector
(SGD.) ANIANO G. BAGABALDOMember, Management Sector
(SGD.) BENJAMIN T. COMember, Management Sector
APPROVED:
(SGD.) MARIANITO D. ROQUESecretary