Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Quezon City





MEMORANDUM
TO : ALL ELAs
ALL SEnA CONCILIATOR-MEDIATORS

RE : Procedures in Handling Requests for Assistance (RFAs)

` filed before and during the Community Quarantine

DATE : 01 September 2020

In the interest of the service and to facilitate disposition of RFAs filed before
and during the period of community quarantine, the following are the procedures in
handling RFAs:

1. Upon receipt of the raffled RFAs, the SEnA Conciliator-Mediator (SEnA CON-
MED) shall determine whether the requesting party has indicated his/her
specific demands/claims/reliefs sought. If not, the SEnA CON-MED shall
communicate with the requesting party to inquire on his/her specific
demands/claims/reliefs sought. Likewise, the SEnA CON-MED shall also
request for the contact number/fax number/e-mail address of the requesting
party and the responding party, if available.

Furthermore, the SEnA CON-MED may inquire from the requesting party if
he/she is willing to personally serve the NOTICE to the responding party and
return the receiving copy of the same to the former.

2. Thereafter, the SEnA CON-MED shall prepare a NOTICE (template attached)

informing the responding party of the RFA filed, attaching the specific
demands/claims/ reliefs sought (Annex “A”) by the requesting party including
the latter’s contact number/fax number/e-mail address, if available.

The NOTICE shall be sent thru fax/e-mail/registered mail or through personal

delivery by the requesting party.

Ben-Lor Building, 1184 Quezon Avenue, Quezon City

Website: www.nlrc.dole.gov.ph email address: nlrcmis@yahoo.com
 The NOTICE shall consist of the following:

• Directing the responding party to manifest whether he is open to

explore the possibility of settlement. In the affirmative, the responding
party shall be required to submit his/her specific proposal for
settlement to the SEnA CON-Med within five (5) calendar days from
receipt of the notice, copy furnished the requesting party.

• Directing the responding party to communicate with the requesting

party in his/her given contact address/number in the RFA to negotiate
for settlement within 15 calendar days from receipt of the Notice.
Once settlement is reached, a notarized settlement agreement with
proofs of actual receipt of the agreed settlement amount shall be
submitted to the Receiving and Docket Unit of the concerned RAB.
The notarized agreement shall state the reference number docketed
in the RFA and the name of the SEnA CON-MED.

• Should the responding party need the assistance of the handling

SENA CON-MED to facilitate settlement, the request should be made
within the 15 day period allotted to negotiate. Based on the demand
and proposal for settlement of the parties, the handling SENA CON-
MED will determine the necessity of setting the RFA for conciliation
mediation conference either personally or thru digital platform/video
conferencing. The SEnA CON-MED may also use the telephone to
call the parties separately to facilitate settlement.

3. Information and statements given in confidence at the conciliation-

mediation proceedings shall be treated as privileged communication
and shall not be used as evidence in any arbitration proceedings, except
stipulation of facts which form part of the settlement; facts which are of
common knowledge; or waiver of confidentiality. (Sec. 9, Rule IV, The
Rules of Procedure of the Single Entry Approach [SEnA]).

4. Upon receipt of the notarized settlement agreement together with proofs of

actual receipt of the agreed settlement, the SENA CON-MED will prepare the
Minutes incorporating the agreements of the parties and declaring the RFA
settled and closed.

5. If the SEnA CON-MED determine that there is no necessity of setting the

RFA for conciliation mediation conference , he/she may motu proprio, and
without need of notice, terminate the SENA proceedings and issue the
referral for compulsory arbitration or to the appropriate agency which has
 jurisdiction over the issues raised. The SEnA CON-MED shall notify the
requesting party thru phone/fax/e-mail/registered mail of the action taken on
his/her RFA and shall be advised to file the appropriate complaint with the
NLRC Regional Arbitration Branch or with the appropriate agency (IDENTIFY
THE APPROPRIATE AGENCY) which has jurisdiction on the issues raised.

6. If the parties failed to enter into settlement agreement within 30 days from
date of mailing of the Notice or if the SEnA CON-MED did not receive any
proposal for settlement within the period stated in the Notice, the SEnA
proceedings shall be terminated. The SEnA CON-MED shall issue the
referral for compulsory arbitration or to the appropriate agency which has
jurisdiction. Likewise, he/she shall notify the requesting party thru
phone/fax/e-mail/registered mail of the action taken on his/her RFA and shall
be advised to file the appropriate complaint to the NLRC Regional Arbitration
Branch or to the appropriate agency (IDENTIFY THE APPROPRIATE
AGENCY) which has jurisdiction on the issues raised.

The requesting party may also be notified of the action taken on his/her RFA
through his/her social media account such as Messenger/Viber, if availble to
the SenA CON-MED, on top of the notice through phone/fax/e-mail/registered
mail.

Please be guided accordingly.

GERARDO C. NOGRALES
Chairman