Page 93 - Labor_Code_of_the_Philippines_2016_fulltext_DOLE-Edition
P. 93
Provided, further, That the reception of evidence for the application of a writ of
injunction may be delegated by the Commission to any of its Labor Arbiters who
shall conduct such hearings in such places as he may determine to be accessible to
the parties and their witnesses and shall submit thereafter his recommendation to
the Commission.
ART. 226. [219] Ocular Inspection. The Chairman, any Commissioner, Labor
Arbiter or their duly authorized representatives, may, at any time during working
hours, conduct an ocular inspection on any establishment, building, ship or vessel,
place or premises, including any work, material, implement, machinery, appliance or
any object therein, and ask any employee, laborer, or any person, as the case may
be, for any information or data concerning any matter or question relative to the
object of the investigation. 170
ART. 227. [221] Technical Rules not Binding and Prior Resort to Amicable
Settlement. 171 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, 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.
ART. 228. [222] Appearances and Fees. 172 (a) Non-lawyers may appear before
the Commission or any Labor Arbiter only:
1. If they represent themselves; or
2. If they represent their organization or members thereof.
170
Art. 220 was expressly repealed by Sec. 16 of B.P. Blg. 130
Code and all provisions of said Code It read: ART. ___. [220]
Compulsory Arbitration. The Commission or any Labor Arbiter shall have the power to ask the assistance of other government officials and qualified private citizens to act as compulsory
arbitrators on cases referred to them and to fix and assess the fees of such compulsory arbitrators, taking into account the nature of the case, the time consumed in hearing the case, the
professional standing of the arbitrators, the financial capacity of the parties, and the fees provided in the Rules of Court.
171
As amended by Sec. 11 of R.A. No. 6715 (1989).
172 As amended by P.D. No. 1691 (1980). See also Sec. 6, Rule III of the 2011 Rules of Procedure of the NLRC.
93