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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Book V — Labor Relations

Article 221

PD 442 · Labor Code of the PhilippinesELI5 guide available

ELI5— what this means for you

NLRC proceedings are not bound by strict technical rules of evidence — the goal is to find the truth quickly and objectively. Labor Arbiters must also first try to reach an amicable settlement before proceeding to formal adjudication.

Key point

NLRC hearings prioritize substance over technicality. Arbiters must first attempt mediation.

Official text — PD 442

Technical rules not binding and prior resort to amicable settlement.

In any proceeding before the Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Code that the Commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process. In any proceeding before the Commission or any Labor Arbiter, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any Presiding Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the proceedings at all stages.

Any provision of law to the contrary notwithstanding, the Labor Arbiter shall exert all efforts towards the amicable settlement of a labor dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the Commission in the exercise of its original jurisdiction. (As amended by Section 11, Republic Act No. 6715, March 21, 1989)

Source: lawphil.net (PD 442 as amended)

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