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Republic of the Philippines

Department of Labor and Employment
NATIONAL CONCILIATION AND MEDIATION BOARD
4th - 6th Floors Arcadia Bldg., 860 Quezon Avenue , Quezon City

TRIPARTITE VOLUNTARY ARBITRATION ADVISORY COUNCIL

2021 REVISED PROCEDURAL GUIDELINES

IN THE CONDUCT OF VOLUNTARY ARBITRATION PROCEEDINGS

Pursuant to the mandate of the National Conciliation and Mediation Board (NCMB)
under Executive Order No . 126 , as amended by Executive Order No . 251 , and in order
to implement Article 273-277 (b) of the Labor Code , as amended by Republic Act 6715
and Department Order No. 40-03, as amended , the following guidelines governing
proceedings before a Voluntary Arbitrator /Panel of Voluntary Arbitrators are hereby
adopted and promulgated:

RULE I
TITLE AND CONSTRUCTION

Section 1.Title. These guidelines shall be known as the 2021 Revised Procedural
Guidelines in the Conduct of Voluntary Arbitration Proceedings.

Section 2. Construction. These guidelines shall be liberally construed to carry out the
objectives of the Labor Code of the Philippines, as amended, to promote voluntary
arbitration as a preferred mode of labor or industrial dispute settlement and as an
integral component of the collective bargaining process.

Section 3. Suppletory Application of the Guidelines and Rules of Court . The rules
governing the proceedings before a Voluntary Arbitrator/Panel of Voluntary Arbitrators
shall be the subject of agreement between the parties to a labor dispute and their
chosen arbitrator. In the absence of agreement on any or various aspects of the
voluntary arbitration proceedings , the pertinent provisions of these Guidelines and the
Revised Rules of Court shall apply in a suppletory manner.

RULE II
DEFINITION OF TERMS

Section 1.Definition of Terms.-

a. “ Acceptance of the Case” - refers to the period when the voluntary

arbitrator has signified with the Board his/her intention to accept the case .

b. “ Arbitration Clause" - is a provision in the Collective Bargaining Agreement

(CBA) requiring that grievances, if unsettled, shall be finally resolved by a
Voluntary Arbitrator /Panel of Voluntary Arbitrators.

c. "Board" - refers to the National Conciliation and Mediation Board and its
Regional Branches created under Executive Order No . 126 , as amended .

d. "Collective Bargaining Agreement" - refers to the contract between a duly

recognized or certified exclusive bargaining agent of workers and the
employer concerning wages, hours of work , and all other terms and
conditions of employment in the appropriate bargaining unit.

e. "Executive Director" - refers to the head of the Board.

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>?

f. “ Grievance" - is a complaint arising from the interpretation or implementation

of the CBA and those arising from interpretation or enforcement of company
rules and regulations, personnel policies, and established practices , or such
other controversy involving employer-employee relationship .

g. "Grievance Procedure" -
refers to the system of grievance settlement as
provided for in the CBA . It usually consists of successive steps starting at the
level of complainant and his immediate supervisor and ending , when
necessary , at voluntary arbitration.

h. "Notice to Arbitrate" - refers to a formal demand made by one party to the

other for the arbitration of a particular dispute , in case of refusal of one party
in a CBA , to submit to arbitration .

i. "Notice of Selection" - refers to the notice to the parties indicating the name
of Voluntary Arbitrator/Panel of Voluntary Arbitrators selected through raffle
by the Regional Branch Director in accordance with the parties' CBA , in case
either of the parties refuses to submit the issue to voluntary arbitration or
refuses to submit names as nominees to the Panel . The selection process is
a result of thorough facilitation of the Notice to Arbitrate.

j. "Ponente" - refers to the Chairman or member of the Panel to whom the

writing of the decision or resolution is assigned after the deliberation on the
merit of the case.

k. "Productivity Incentive Program" - refers to a formal agreement voluntarily

established by the labor-management committee or Productivity Improvement
Incentive Committee that will promote productivity, gainful employment,
improved working conditions, maintain industrial peace and result in cost
savings, as well as a productivity gain-sharing program whereby the
employees are granted productivity bonuses/pay.

/. "Regional Branch" - refers to any of the Regional Branches of the Board .

m. “ Regional Branch Director" - refers to the head of Regional Branch of the

Board .

n. "Submission Agreement" - refers to a written agreement by the parties

submitting their case for arbitration containing the issues , the chosen
arbitrator/panel of voluntary arbitrators, and stipulation to abide by and
comply with the resolution , including the cost of arbitration .

o. "Voluntary Arbitration"- refers to the mode of settling labor-management

disputes by which the parties select a competent , trained, and impartial third
person who shall decide on the merits of the case and whose decision is final
and executory.

-
p . “ Voluntary Arbitrator" refers to any person who has been accredited by
the Board as such , or any person named or designated in the Collective
Bargaining Agreement by the parties as their Voluntary Arbitrator, or one
chosen by the parties , pursuant to a selection procedure agreed upon in the
CBA or selected with the supervision of the Board in case either of the parties
to the CBA refuses to submit to voluntary arbitration . The term includes Panel
of Voluntary Arbitrators .

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 q. ‘‘Wage Distortion" - refers to a situation where an increase in prescribed
wage rates results in the elimination or severe contraction of intentional
quantitative differences in wage or salary rates between and among
employee groups in an establishment as to effectively obliterate the
distinctions embodied in such wage structure based on skills, length of
service , or other logical bases of differentiation.

r. "Wage Orders "- refers to orders issued by the Regional Tripartite Wages
and Productivity Boards prescribing the minimum wage rates in the region
based on certain standard criteria .

RULE III
PLEADINGS AND APPEARANCE

Section 1.Caption and Title. In all cases submitted to a Voluntary Arbitrator /Panel of
Voluntary Arbitrators by the parties, the aggrieved party shall be called "Complainant"
and the opposing party, the "Respondent".

The full names of the parties , as far as they are known, shall be stated in the original
caption of the original pleading , award or decision and in all summons, notices , and
processes to be served upon them . The caption shall be as follows :

Republic of the Philippines

Office of the Voluntary Arbitrator

NAME OF VOLUNTARY ARBITRATOR /S & BUSINESS ADDRESS

IN RE: Voluntary Arbitration Between

CASE NO. xxxxxxxxxxxxxxxx

Complainant
- and-

Respondent
Issues Involved : xxxxxxxxxxxx

In order to systematize monitoring of voluntary arbitration cases , the adoption of a

standardized numbering system of cases shall be used. The docket of the individual
accredited voluntary arbitration cases shall include the following :

1. Accreditation number
2. Region where the case originates
3. Number of case subject of arbitration
4. Month when the case is submitted to the arbitrator
5. Year when the case is submitted the arbitrator
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AC 003 - NCR - 0 S - 01 - 10 * 2002

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Section 2 . Where to File Pleadings. All pleadings relative to the voluntary arbitration
case shall be filed directly with the chosen Voluntary Arbitrator/Panel of Voluntary
Arbitrators, copy furnished the Regional Branch of the Board having jurisdiction over the

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workplace of the complainant during the conference/hearing called for the purpose, or at
his/her/theirdesignated business address, or professional office. It may be filed with the
appropriate docketing unit of the Regional Branch of the Board , as the case may be.

Section 3. Service of Copies of Pleadings. The party filing the pleadings shall serve
the opposing party or parties with a copy or copies thereof in the manner provided for in
these Guidelines.

Section 4 . Service of Pleadings, Notices and Awards. All notices , summonses,

orders , resolutions , and decisions shall be served through personal service , registered
mail, or private courier on the parties to the dispute, and their counsel or authorized
representative. Service is complete upon receipt by the parties' counsel or authorized
representative or by the parties when not represented by counsel.

Section 5. Representations. - The parties may personally appear in their own behalf
or by representatives. In the latter case , the representative must be duly authorized in
writing to appear unless he/she is appearing as counsel for the party.

The complete name and office address or any change in the address of
counsel/representative shall be made of record and the parties should be properly
informed .

Section 6. Limitation on Authority to Bind Party. Attorneys and other representatives

of parties shall be presumed to have the full authority to bind their clients or principals in
all matters of procedure ; but they cannot , without a special power of attorney or
expressed consent , enter into a compromise agreement with the opposing party in full
or partial discharge of a client' s or principal' s claim.

Section 7. Submission of Position Paper and Reply. The Voluntary Arbitrator /Panel
of Voluntary Arbitrators shall direct the parties to submit simultaneously their position
papers within ten (10) calendar days after the termination of mandatory conciliation
conference . The position paper or any responsive pleading shall only cover issues
stated in the submission agreement.

RULE IV
JURISDICTION OF VOLUNTARY ARBITRATOR

Section 1. Exclusive and Original Jurisdiction. The Voluntary Arbitrator shall have
exclusive and original jurisdiction over the following cases:

1. All unresolved grievances arising from the interpretation or implementation of

the collective bargaining agreement ;
2 . All unresolved grievances arising from the implementation or enforcement of
company personnel policies ;
3. All wage distortion issues arising from the application of any wage orders in
organized establishments ; and
4 . All unresolved grievances arising from the interpretation and implementation
of the productivity incentive programs under R . A . No . 6971.

For this purpose , all grievances which are not settled or resolved within seven (7)
calendar days from exhaustion of the grievance machinery shall automatically be
referred to voluntary arbitration.

Cases falling within the exclusive and original jurisdiction of Voluntary Arbitrators but
filed either with the National Labor Relations Commission and its Regional Arbitration
Branches, or the Regional Directors of the Department of Labor and Employment or
with the Board and its Branches , shall be decided by the Voluntary Arbitrator /Panel of

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Voluntary Arbitrators upon referral of said cases pursuant to paragraph 2 , Article 274 of
the Labor Code , as amended by RA 6715 and Department Order No . 40-03.

The Voluntary Arbitrator /Panel of Voluntary Arbitrators , upon agreement of the parties,
shall also hear and decide all other labor disputes including unfair labor practices and
bargaining deadlocks.

Before or at any stage of the compulsory arbitration process , the parties may opt to
submit their dispute to voluntary arbitration .

Section 2. Submission to Voluntary Arbitration through Notice to Arbitrate. If a

grievance remains unresolved despite the exhaustion of the grievance procedure and
one party refuses to submit the same to voluntary arbitration , the following procedure
shall be observed :

1) A Notice to Arbitrate shall be served upon the unwilling party , copy furnished
the named/designated Voluntary Arbitrator /Panel of Voluntary Arbitrators in
the CBA , if any , and the Board ;

Upon receipt of a Notice to Arbitrate and without any favorable response from
the unwilling party , after the lapse of seven (7) days , the named/designated
Voluntary Arbitrator /Panel of Voluntary Arbitrators in the CBA shall
immediately commence voluntary arbitration proceedings ;

2) In the absence of a named/designated Voluntary Arbitrator/Panel of Voluntary

Arbitrators in the CBA, the Board shall supervise the selection process in the
presence of any or both parties.

Section 3. Manner of Selection of Voluntary Arbitrator/Panel of Voluntary

Arbitrators - The Voluntary Arbitrator or Panel of Voluntary Arbitrators shall be selected
according to the parties' CBA . In the absence of such agreement, the following shall be
observed :

a . Sole Arbitrator

Each party shall nominate not more than five (5) names from the list of active
Accredited Voluntary Arbitrators from which the Sole Arbitrator shall be
selected through raffle;

If the CBA does not specify the number of arbitrators , the case shall be
heard and resolved by a Sole Arbitrator, unless the parties agree otherwise.

b. Panel of Voluntary Arbitrators

The parties shall name their respective nominees to the Panel, and the Chairman
shall be raffled from the list of active Accredited Voluntary Arbitrators ;

Except for justifiable reasons or conflict of interest, as provided under the

rules on inhibition , the parties are entitled to submit their nominees to the
Panel free from interference from the other party .

In either case , when the parties cannot agree to the above specified manner, selection
shall be done through raffle from the list of five (5) nominees submitted by each of the
parties.

However, no Voluntary Arbitrator shall be eligible to be included in the raffle if s/he has
five (5) pending cases .

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Section 4. When Jurisdiction is Acquired. The Voluntary Arbitrator/Panel of
Voluntary Arbitrators shall acquire jurisdiction upon receipt of a Submission Agreement
signed by both parties . However , jurisdiction shall also be acquired by the Voluntary
Arbitrator /Panel of Voluntary Arbitrators upon his/her /their acceptance of Notice of
Selection through raffle when there is no Submission Agreement .

In case one party refuses to submit to voluntary arbitration or refuses to submit names
as nominees to the panel, the Branch Director shall facilitate the selection of the
Voluntary Arbitrator/Panel of Voluntary Arbitrators through raffle from the active list of
Accredited Voluntary Arbitrators.

Section 5. Contents of Submission Agreement. The submission agreement shall

contain, among other information , the following :

1. The agreement to submit to voluntary arbitration :

2 . The specific issue/ s to be arbitrated ;
3 . The name /s of the Voluntary Arbitrator/Panel of Voluntary Arbitrators;
4 . The names , addresses and contact numbers of the parties ; and,
5 . The agreement to perform or abide by the decision.

Section 6 . Contents of a Notice to Arbitrate. The notice shall contain, among other
information, the following :

1. The names , addresses and contact numbers of the party upon whom the
notice is made;
2 . The arbitration clause of the CBA;
3 . The specific issue/s or dispute/s to be arbitrated ;
4. The relief/s sought; and
5. The name, address and contact numbers of the initiating party requesting
arbitration.

RULE V
POWERS AND DUTIES OF VOLUNTARY ARBITRATOR

Section “\ .Duty to Conciliate and Mediate. The Voluntary Arbitrator /Panel of Voluntary
Arbitrators shall conciliate and mediate to aid the parties in reaching a voluntary
settlement of the dispute or a conciliated decision within 30 calendar days from
acceptance of the as the case may be .

Section 2. Duty to Encourage the Parties to enter into Stipulations, Limitations

and Admissions. In case the parties failed to reach a voluntary settlement of the
dispute , the Voluntary Arbitrator /Panel of Voluntary Arbitrators , shall encourage the
parties to enter into stipulation of facts, limitation of issues, and admissions, which shall
be reduced in writing , signed by the parties , and shall form part of the records of the
case.

Section 3. Duty to Resolve Cases Expeditiously . The Voluntary Arbitrator /Panel of

Voluntary Arbitrators , as advocate/s of expeditious, impartial, inexpensive and effective
settlement of labor disputes, shall render his/her /their decision within eighty (80)
calendar days from the date of acceptance of the case . Toward this end, the Voluntary
Arbitrator/Panel of Voluntary Arbitrators shall ensure the submission of the pleadings by
the parties within twenty ( 20)calendar days from the termination of the
mandatoryconciliation and mediation proceedings; conduct clarificatory conference
within ten (10) calendar days , if necessary ; submit the case for resolution and
thereafter , render a decision within twenty (20) calendar days .

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Section 4. Enforcement of Final Decision . In the absence of a temporary restraining
order or any injunctive relief, the decision of the voluntary arbitrator /panel of voluntary
arbitrators which has become final and executory shall not be stayed .

Section 5. Powers . The Voluntary Arbitrator /Panel of Voluntary Arbitrators shall have
the following powers :

1 . To require any person to attend hearings ;

2. To order the witnesses to testify and produce such documents when the
relevancy ofthe testimony and the materiality of documents have been
demonstrated;
3. To take whatever action is necessary to resolve the issue/s subject of the dispute
including the power to cite in contempt ; and ,
4 . To issue a Writ of Execution to enforce final decisions.

RULE VI
PROCEEDINGS BEFORE VOLUNTARY ARBITRATOR /PANEL
OF VOLUNTARY ARBITRATORS

Section 1. Nature of Proceedings. The proceedings before a Voluntary

Arbitrator /Panel of Voluntary Arbitrators are non-litigious in nature. They are not
governed by technical rules applicable to court or judicial proceedings, but they must, at
all times , comply with the requirements of due process.

Section 2 .Setting of Initial Conference; Notice to Parties. The Voluntary

Arbitrator/Panel of Voluntary Arbitrators, within two (2) workingdays from acceptance of
the Submission Agreement or Notice of Selection, shall set the date, time and place of
the initial conference with due notice to the parties.

Section 3. Initial Conference. During the initial conference, the parties shall be
encouraged to explore all possible options for settlement of the dispute through
conciliation and mediation. Should the parties arrive at any settlement as to the whole or
any part of the dispute, the same shall be reduced in writing and signed by the parties
before the Voluntary Arbitrator /Panel of Voluntary Arbitrators. The signed agreement
shall form part ofthe conciliated/mediated decision .

Section 4.Stipulations. In the absence of any settlement , the Voluntary

Arbitrator /Panel of Voluntary Arbitrators shall require the parties to enter into stipulation
of facts, limitations of issues , and admissions, leaving the presentation and examination
of evidence only to such facts that are still in dispute.

.
Section 5 Simplification of Arbitrable Issue/s . The Voluntary Arbitrator /Panel of
Voluntary Arbitrators must see to it that the issues are clarified/simplified, and shall
assist the parties in the formulation of the same , if necessary.

Section 6 . Formulation of Rules. The parties and the Voluntary Arbitrator /Panel of
Voluntary Arbitrators shall jointly formulate and adopt rules on the following :

1. Schedule , frequency and venue of conferences ;

2 . Period and manner of submission of position papers and other pleadings
subject to the provisions of Section 8 ;
3. Determination ofthe necessity to conduct clarificatory conference ; and ,
4 . Cost of arbitration.

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Section 7. Effect of Non- Appearance. In case of non-appearance of either party
during conciliation and mediation conference for two ( 2) consecutive times, despite due
notice , the Voluntary Arbitrator/Panel of Voluntary Arbitrators shall terminate such
conference and issue an Order requiring both parties to submit their respective position
papers within ten (10) calendar days from receipt of the said Order; otherwise , the case
will be deemed submitted for decision based on available records.

In case of non-appearance by complainant for two (2) consecutive times during

conciliation-mediation conferences, the case shall be dismissed without prejudice . In the
event that it is the respondent who failed to appear , the complainant shall be required to
submit a position paper , and the Voluntary Arbitrator/Panel of Voluntary Arbitrators shall
render a decision based thereon, after due notice to respondent .

Section 8.Submission of Position Papers and Other Pleadings. The Voluntary

Arbitrator /Panel of Voluntary Arbitrators shall direct the parties to submit verified
position papers and other pleadings on the dates agreed upon during the initial
conference, but not to exceed ten (10) calendar days after the termination of the
mandatory conciliation-mediation. The reply shall be submitted within ten (10) calendar
days after the receipt of the position paper .

The position papers and reply shall only cover issues and causes of action agreed upon
by the parties, accompanied by supporting evidence as well as affidavits of witnesses
which shall serve as their direct testimonies.

Section 9. Determination of the Need for a Clarificatory Conference or Conduct of

Ocular Inspection. Immediately after the submission of the position papers and other
pleadings, the Voluntary Arbitrator /Panel of Voluntary Arbitrators shall determine the
need for holding a clarificatory conference or conducting an ocular inspection. In both
instances, the parties shall be duly notified.

When a clarificatory conference is necessary , the case shall be deemed submitted for
decision upon termination of the said conference; provided that such clarificatory
conference must be done within (ten) 10 calendar days from the filing of the reply .

RULE VII
DECISIONS

Section 1. Decision. The decision , which is the final arbitral disposition of issue/ s
submitted to voluntary arbitration must state in clear , concise and definite terms the
facts and the law upon which it is based.

In case the decision of the Voluntary Arbitrator /Panel of Voluntary Arbitrators involves
monetary award , the amount granted and the formula used in the computation, if any ,
shall be specified .

Where the case is heard by a Panel of Voluntary Arbitrators, the members of the said
Panel shall deliberate among themselves before assigning the writing of a decision to
the Ponente , the decision shall include a certification by the Chairperson of the Panel of
Voluntary Arbitrators that said deliberation was indeed conducted .

If there is a dissenting opinion, the same shall be submitted within five (5) calendar days
after the deliberation, but in no case to exceed the twenty (20) calendar days from
submission of the case for decision . In case of non-compliance , the dissenting
Voluntary Arbitrator shall be deemed not to have taken part in the decision .

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Section 2. Decision Based on Partial or Complete Settlement in the Course of
Arbitration. In the event that the parties settle their dispute , either in part or in full,
during the pendency of the arbitration proceedings, the terms of settlement shall be
reduced into writing . The full settlement shall be adopted as the decision, while the
partial settlement shall form part of the decision of the Voluntary Arbitrator /Panel of
Voluntary Arbitrators , except when such settlement is contrary to law, morals, customs
and public policy .

Section 3 . Compliance with Decision . Both parties shall comply voluntarily and
faithfully with the decision.

Section 4. Period to Render Decision. The decision must be rendered within the
period agreed upon by the parties but in no case to exceed twenty (20) calendar days
from submission of the case for decision . The case is deemed submitted for decision
after the filing of the reply or the lapse of the period to file the same , unless a
clarificatory conference is necessary pursuant to Rule VI, Sec. 9 hereof.

Section 5. Finality of Decision. The decision of the Voluntary Arbitrator /Panel of

Voluntary Arbitrators shall be final and executory after ten (10) calendar days from
receipt of the copy of the decision by the counsel or authorized representative on record
or the parties in the absence of a counsel or authorized representative , unless a motion
for reconsideration is seasonably filed .

Section 6 . Motion for Reconsideration. A party may file a motion for reconsideration
of a decision, resolution or order of the Voluntary Arbitrator /Panel of Voluntary
Arbitrators based on the ground of palpable or patent errors within ten ( 10) calendar
days from receipt of thereof , with proof of service on the adverse party .

A Motion for Reconsideration shall be resolved by the Voluntary Arbitrator/Panel of

Voluntary Arbitrators within ten (10) calendar days from receipt of the Motion.

A second motion for reconsideration from the same party shall be deemed a prohibited
pleading .

Section 7 . Effect of Filing a Motion for Reconsideration. The pendency of a motion

for reconsideration filed on time and by the proper party shall stay the execution of the
decision, resolution or order sought to be reconsidered .

Section 8. Disciplinary Measure. Failure on the part of the Voluntary Arbitrator /Panel
of Voluntary Arbitrators to render a decision , within the agreed or prescribed period,
shall upon a verified complaint of a party to the case , be sufficient ground for the Board
to discipline said Voluntary Arbitrator/s, pursuant to the guidelines issued by the
Secretary of Labor and Employment . The Board , upon knowledge of the delay , can
initiate on its own, disciplinary proceedings by issuing a show cause order requiring the
Voluntary Arbitrator /s concerned to submit an explanation within 15 calendar days from
receipt thereof .

In case of complaint filed by any or both parties with the Board or Philippine Association
on Voluntary Arbitration (PAVA ) regarding the above , the Voluntary Arbitrator /Panel of
Voluntary Arbitrators shall be furnished with a copy of the complaint and required to
submit an explanation in writing within fifteen ( 15) calendar days from receipt of such
complaint .

The Voluntary Arbitrator/Panel of Voluntary Arbitrators may be subjected to disciplinary

action in any of the following cases:

1. Unreasonable delay in setting the case for hearing; or

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 2 . Unreasonable delay in rendering the decision .

Upon hearing , the Board or PAVA shall render a decision and impose the appropriate
disciplinary action, such as:

1. Fine in the amount ranging from Php5 , 000.00 but not to exceed
Php 10 , 000.00 ; or
2 . Delisting /suspension for a period ranging from 6 months to 1 year , or both
such fine and suspension .

In case of delisting , the Voluntary Arbitrator shall, within ten (10) calendar days from
demand , turn over the records of the case to the Board for further disposition.

RULE VIII
EXECUTION PROCEEDINGS

Sectionl . Enforcement of Decision. In instances of non-compliance by either or both

parties, a Motion to Enforce/Execute the Award may be filed with the Voluntary
Arbitrator/Panel of Voluntary Arbitrators who may issue a Writ of Execution directing the
Sheriff of the National Labor Relations Commission, or Department of Labor and
Employment, or the regular courts , or any public official whom the parties may
designate in the Submission Agreement , to enforce / execute the final decision.

In the absence of the Voluntary Arbitrator /Panel of Voluntary Arbitrators or in case of

his /her /their incapacity , the Motion to Enforce /Execute shall be filed with any Labor
Arbiter in the region having jurisdiction over the workplace or with the Alternate
Voluntary Arbitrator chosen by the parties. The filing of said motion 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 .Schedule of 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 /Panel of Voluntary Arbitrators or in case of his/her /their incapacity , the Labor
Arbiter , before whom the motion is filed , may schedule a pre-execution conference to
thresh out matters relevant to execution .

Section 3. Issuance of a Writ. A Writ of Execution may be issued on motion, upon a

Decision or Order that has become final and executory .

Section 4. Enforcement of Writ . The Sheriff or other authorized officer shall be guided
by the 2021 Revised Procedural Guidelines in the Execution of Voluntary Arbitrator' s
Decision . The NLRC Manual on Execution of Judgment, the Memorandum of
Agreement executed between NLRC and NCMB , the Revised Rules of Court , shall be
applied with suppletory effect.

Section 5. Designation of Special Sheriffs. Only the Secretary of Labor and

Employment or duly authorized representative may designate Special Sheriffs to ensure
compliance with the decision of Voluntary Arbitrators/Panel of Voluntary Arbitrators.

Section 6. Effect of Pendency of Petition for Review /Certiorari with the Court. The
filing and pendency of a Petition for review with the Court of Appeals or certiorari with
the Supreme Court shall not stop the execution of the decision of the Voluntary
Arbitrator /Panel of Voluntary Arbitrators unless the Court issues a restraining order or
an injunction.

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Section 7. Effect of Reversal or Annulment of Executed Judgment. Where the
executed judgment is totally or partially reversed or annulled by the Court of Appeals or
the Supreme Court with finality , the Voluntary Arbitrator/Panel of Voluntary Arbitrators
may , on motion, issue such orders of restitution or reparation of damages , provided that
reinstatement wages paid pending appeal shall not be subject of restitution.

RULE IX
REPORTORIAL REQUIREMENTS

Section 1. Monitoring and Reporting Requirements. In case of direct submission to

voluntary arbitration, parties shall submit copy of the submission agreement to the
NCMB Regional Branch concerned . In any case , the parties shall furnish the Regional
Branch concerned a copy of all pleadings submitted. The Voluntary Arbitrator /Panel of
Voluntary Arbitrators shall furnish the Regional Branch minutes of the proceedings and
two ( 2) copies of the Decision or orders, immediately after the issuance thereof . The
Regional Branch shall keep one copy for their file and shall transmit the other copy to
the Central Office.

The Voluntary Arbitrator/Panel of Voluntary Arbitrators shall also submit a quarterly

status report of cases handled to Regional Branches concerned utilizing NCMB VA
Form No . 5 on or before the 7th day of the month following the end of the quarter . The
period of reporting shall be from the date of acceptance of the case to the date of full
and complete satisfaction of the decision. Failure to submit two ( 2) consecutive
quarterly status reports shall subject the Voluntary Arbitrator /s concerned to disciplinary
action under Section 8 of Rule VII .

Section 2 .Maintenance of Case Records. The Regional Branches of the Board shall
maintain records of voluntary arbitration cases falling within their area of jurisdiction .

RULE X
DATE OF EFFECTIVITY

Section '\ .Effectivity. These guidelines shall take effect fifteen (15) days after their
publication in one (1) newspaper of general circulation.

Signed in Quezon City , Metro Manila , Philippines, this 5th day of February 2021.

Ul lu/ Kvtj
MARIA TERESlTA D. LACSAMANA -
/ Chairman

ISABELp, PANGANIBAN-ORTIGUERRA
Member , Government Sector

ARNjOLD ( E VERA
Member, L ir Sector

HERNAJfG /. NICDAO
Member , Labor Sector

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V I

ROBERT FRANCIS F. MARONILLA

Member, Employer Sector
c
ISMA G. KHAN, JR.
^
Memja r, Employer Sector
U
APPROVED:

SI II
DOLE Secretary
Dept of Labor a Employment
,

Office of the Secretary

036916

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