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Purpose of concliliation-mediation?

Encourage amicable settlement

Is this a policy of the State? Yes. The Constitution encourages compromise agreements.

Is compromise found in a substantive or procedural law? Substantive

What laws? Contract, Civil Code

What is a compromise?

Where to file in Cebu? SEAD, DOLE, Gorordo Ave, General Maxilom Avenue

Atty: This is where you will find a Single Entry Approach Office. You fill up a form and the SEA Officer will
inform the responding party. The latter will be notified and required to attend mandatory conciliation.
The two parties will be brought together and the SEAD Officer will try to explore the possibility of a
compromise.

May the Officer force or compel the parties? No. It must be voluntary.

What happens if the issue cannot be issued? The SEAD Officer will issue a referral or endorsement.

To whom? The organization or agency who has jurisdiction over the case.

Where can the jurisdiction be found? In the law.

Atty questions where to find jurisdiction of RD, LA? Labor Code, etc.?

What is a proceeding that lacks jurisdiction? NULL and VOID

Where else can you find a Single Entry Approach Desk Officer? National Labor Relations Commission
Office. (Atty says not to abbreviate.) In Cebu, its in Osmena Blvd, corner Old Chonghua, Rustans. Across
Anitas Bakeshop.

Atty: We have revised rules on Single Entry Approach. Where else can you find the Single Entry
Approach? For OFWs, in the DFA or consuls. NCMB, in the same office as DOLE.

Does the Single Entry Approach Desk Officer have adjudicatory power? No. Only conciliatory and
mediatory power.

Atty: If I had my way, law students should work as SEADOs in order to expose them to many labor cases.
They have the basic knowledge to settle and conciliate. This would serve as good training. However, I
cannot get my way. The RDs here are not minded. One day, if you are around and become reach a high
rank in the Philippines, you should be receptive to this idea. DOLE has no little SEADOs. They can only
handle so much. They are undermanned and require volunteers. Once the LEX Circle becomes a
registered organization in the SEC, it should sue the RD. Professor Plaza may give us a lecture on the
jurisdiction of the Ombudsman.

In my online recits, memorize the jurisdiction.

NEXT PERSON
If there is an endorsement or referral to the LAclaim for reinstatement, less than 5,000is there rules
on procedure? What is the name of the document? 2011 NLRC Rules of Procedure (Say all the words in
NLRC), as amended.

How do you initiate a complaint, assuming that you already have a complaint/endorsement?

How to describe the parties? Complainant/Petitioner versus Respondent

May the parties be natural and/or juridical persons? Only natural for C/P. Both for R.

Where can we find the names of juridical person? Securities and Exchange Commission, extension office
in the case of Cebu. The main office is in Manila.

Atty: If you implead the wrong party, your case will be dismissed.

Number of workers is one of the requirements in a proforma complaint. Why is this necessary? It is a
material issue in the applicability of money claims (10 or less/more).

Does this apply to retirement pay? Yes. Retail, service and agricultural establishments regularly hiring
not more than 10 employees are EXEMPT under Art 302 (287) of the Labor Code.