Our group was tasked to go to NLRC to conduct an observation on how the said

administrative agency conducts arbitration proceedings. The members of our group namely,
Jaliah D. Dalidig, Maria Corazon Raterta and Princess Diana Pacasum were assigned to visit the
agency to complete the observation task.

The members were able to witness two clarificatory hearings conducted in the sala of
Labor Arbiter Mitmug and a SENA hearing under the sala of Cabrera on January 22, 2019 at 10
am until 12 noon in NLRC Building- Kauswagan Highway Cagayan de oro city.

During the hearing of the two cases under the sala of LA Mitmug in which we cannot
fully disclose the facts of the case due to its confidentiality were all about labor disputes. The
first case, was a case about illegal dismissal of their employment gainst the employer. In which
the two complainants claim for damages and another for un-claimed award which amounts to
P400,000.00 in total. The labor arbiter found out during that clarificatory hearing that the two
complainants does not have a counsel yet, when the Labor Arbiter asked them who prepared
their pleadings, they said that it was prepared by a certain Atty. Ladera and was notarized by
Atty. Pelaez. It was also mentioned during the hearing that a criminal case is currently pending in
court to which our co-members failed to asked what was the criminal case about and where court
was it filed but was handled by a PAO lawyer. The Labor Arbiter told them to tell the lawyer
who handles the criminal case to also handle the one pending also in their agency. As for the
second case, was also an illegal dismissal case, both the parties appeared without their respective
lawyers. According to the respondent, their lawyer was out of town during that day, they have
also mentioned that the said lawyer was only notified on the same day January 22, 2019. The
labor arbiter then issued an order that the said counsels shall be required to file an explanation
within five days after notice.

Labor Arbiter Mitmug, expressed his disappointment on the failures of the counsels to
appear on the said hearing. He stressed out that as a responsible lawyers they should be available
in every hearing concerning the case of their client and such action because they are also duty
bound to it and to their clients.

The group was also invited to observe and witness a SENA Hearing under Cabrera. The
case was about unpaid overtime claims and illegal dismissal by the security guards against their
previous security agency. Due to the merit of confidentiality, further facts cannot be disclosed.
The hearing was attended by seventeen complainants and the respondent company was
represented by their Operations Manager. The defense of the said security agency was that there
was no illegal dismissal to begin with because the security guards voluntarily resigned and
transferred to their present employer, while as for the claims of unpaid overtime dues the
respondent representative who has yet to discuss the matter with the security agency
management for proper handling, and promised to provide updates on the next hearing schedule.

Cabrera concluded the hearing by setting another hearing schedule on January 28, 2019
to appraise the complainant about the progress on their claims about the unpaid overtime dues.
Both parties agreed.

Finally the members of group two were so privilege to witness an actual ADR Hearing.

Prepared by:

Jaliah D. Dalidig

Maria Corazon Raterta

Princess Diana Pacasum