DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL CAPITAL REGION

DOLE-NCR TRIPARTITE INDUSTRIAL PEACE COUNCIL
BUS TRANSPORT INDUSTRY TRIPARTITE COUNCIL

MINUTES OF THE MEETING

4th Quarter Regular Meeting
November 24, 2022 | Via Zoom

I. ATTENDEES

Government Sector

No. Name Company/Agency

1 Engr. Martin T. Jequinto Director II, DOLE-NCR
QCFO
2 Ricardo Paolo D. Francisco DOLE-NCR QCFO
3 Eilaine Lou L. Manaog DOLE-NCR QCFO
4 Jeliza Manaligod DOLE-NCR QCFO
5 Atty. Purdey P. Perez 4th Division NLRC

Management Sector

No. Name Company/Agency

1 Desiree A. Calamayan Thelman Transit Inc.
2 Mario Abaya Viron Transportation Co. Inc
3 Pangasinan Five Star Bus
Princess Diane Guerrero Sadac Co., Inc.
4 Pangasinan Five Star Bus
Faith Grace J. De Guzman, Co., Inc
5 Kaye Baes JAC LINER, INC.
6 CENON S. SORIANO JR. MENCORP TRANSPORT
SYSTEMS INC.

LABOR SECTOR
1 Arleen Rachelle DS. Adrias Bicol Isarog

II. AGENDA
The agenda was presented before the council, with the following topics:
1. Discussion/Learning Session on Arbitration Process and/or procedure in handling
Request for Assistance (RFA) or those referred to the National Labor Relations
Commission (NLRC) for compulsory arbitration;
2. Review of Minutes of the previous meeting;
3. Plans and Programs for Year 2023; and
4. Other matters.

III. PRELIMINARIES

The meeting was called to order at 1:30 in the afternoon with an invocation led by Ms.
Eilaine Lou L. Manaog. She also acknowledged the presence of all participants from the
Government, the Labor and the Management Sectors.

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 DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL CAPITAL REGION
DOLE-NCR TRIPARTITE INDUSTRIAL PEACE COUNCIL
BUS TRANSPORT INDUSTRY TRIPARTITE COUNCIL

For the opening remarks, Senior Labor and Employment Officer, Mr. Ricardo Paolo
Francisco, in behalf of the DOLE-Regional Director, Atty. Sarah Buena Mirasol and
QCFO Director, Engr. Martin T. Jequinto, welcomed all attendees. Mr. Francisco
thanked the council members for having continuously participated and supported the
DOLE initiatives and activities for 2022. Moreover, he stated that may the same support
will be extended in the upcoming year. Also, he acknowledged and thanked the 4 th
Division NLRC Representative Atty. Purdey P. Perez for his presence in the meeting, in
which the latter was requested to tackle the topic on Arbitration Process and/or
procedure in handling Request for Assistance (RFA) or those referred to the
National Labor Relations Commission (NLRC) for compulsory arbitration. Finally,
he as well encouraged everyone to participate and raise queries, if the council needs
clarifications on the matters presented by the Resource Speaker.

IV. BUSINESS MATTERS

IV.1 Discussion/Learning Session;

On Arbitration Process and/or procedure in handling Request for Assistance (RFA)

or those referred to the National Labor Relations Commission (NLRC) for compulsory
arbitration, Atty. Purdey P. Perez discussed the following:

1. The NLRC;
2. Jurisdiction of the NLRC (Substantive and Procedural Requirements);
3. The NLRC Rules of Practice and Procedure;
 Conciliation-Mediation Process at the SEADO level under the Single-
Entry Approach (SEnA);
 Compulsory Arbitration Process at the Labor Arbiter level; and
 Appeal process at the NLRC level.

After the presentation, the following queries were raised:

Questions Response by the Resource Speaker

Ms. Calamayan asked if they are
allowed to remove some of their
conductors, considering that they can no
longer accommodate all of them due to
the limited route catered by the bus
company.
Ms. Calamayan also inquired if it is
possible that the Commission/DOLE
should first require the attachment of all
evidence before allowing the filing of a
complaint.
Ms. Sadac asked what action can be
Atty. Perez stated that such decision is
under management’s prerogative. The
condition falls under one of the identified
authorized causes e.g. retrenchment. He
also advised that procedural due process
must be also followed in case such action
will be undertaken by the management.
Atty. Perez clarified that all complaints
filed before the Office, regardless of the
presence or absence of evidence are
required to be received when filed. He
said that presentation of evidence is only
needed during the course of the hearing
of the case and not in the initial stage,
which is the filing.
The resource speaker said that if the

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 DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL CAPITAL REGION
DOLE-NCR TRIPARTITE INDUSTRIAL PEACE COUNCIL
BUS TRANSPORT INDUSTRY TRIPARTITE COUNCIL

done if one of their employees was employee appeared, he is therefore

declared AWOL, notices were given to
the latter, however, when the final notice
which states his termination was issued,
the employee did not accept the letter,
instead, he reported back to office and
contested the notice of termination.
Ms. Manaog inquired how much is the
amount to be paid in case the
complainant opts to file a case before
the NLRC.
Ms. Calamayan relayed that they have a
conductor who punched the company’s
female inspector, causing injuries to the
latter. She asked if they can immediately
terminate the said aggressor
considering that it is expressly stipulated
in their company’s policy that such
nature of action causes immediate
termination and not a mere suspension.
disputing his AWOL status and
considering that the issued final notice
was a termination letter, the management
has the prerogative whether or not they
will still accept the returning employee.
Again, he emphasized the required
compliance with substantial and
procedural due processes in terminating
or removing employees. Moreover, Atty.
Perez stressed that failure to comply with
either substantial or procedural due
process will result to illegal dismissal
which could possibly make the
management liable for damages.
Atty. Perez said that it will be free of
charge and in case the complainant
needs a lawyer, there are PAO
representatives who can assist them. He
said that it is only on appeal that a certain
amount shall be paid.
Atty. Perez answered in the affirmative.
He further explained that as long as there
is a clear policy laid by the company
establishing or backing such action as a
reason or ground for termination, then
they can remove the said employee.

After the learning session, Director Jequinto thanked the Resource Speaker for his
presence and for sharing his knowledge and expertise on the subject matter. He stated
that the SEnA Officers of the DOLE-QCFO joined the learning session in order to help
them be reappraised of their knowledge on con-med processes. Moreover, he
highlighted the importance of the said topics to both the management and the
employees in order to enlighten them of the possible avenues on how to resolve labor
disputes, without necessarily immediately filing cases before the court.

V. REVIEW AND APPROVAL OF THE PREVIOUS MINUTES OF THE MEETING

The Minutes of the previous Meeting dated September 7, 2022 was presented by Ms.
Manaligod and was reviewed by the Council. After minor corrections were made to
some portions of it, the council concluded and adopted the Minutes of the Meeting.

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 DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL CAPITAL REGION
DOLE-NCR TRIPARTITE INDUSTRIAL PEACE COUNCIL
BUS TRANSPORT INDUSTRY TRIPARTITE COUNCIL

VI. Plans and Programs for Year 2023 and other matters:
 Mr. Abaya proposed that in order for the council to expand the membership,
continuous coordination with PBOAB should be undertaken;
 Ms. Calamayan suggested that mandatory membership to the BTTIC should be
considered as one of the requirements to be complied by the bus operators who
applies for permits/certifications from LTFRB;
 The council agreed to the conduct the Quarterly meetings every 3 rd or 4th
Wednesday of February, June, September and November of 2023.
 For the Learning Sessions, the body decided that any updates on issuances
concerning the council will just be relayed to the secretariat.

VII. ADJOURNMENT
There being no other matter left for discussion, the Meeting was adjourned at
approximately 4:00 P.M.

Prepared by:

EILAINE LOU L. MANAOG

LEO III, BTITC Focal Person
DOLE-NCR QCFO

Noted by:

ENGR. MARTIN T. JEQUINTO

Director II
DOLE-NCR QCFO

Approved by:

MR. DIONISIO R. ESTRADA

Labor Sector Vice-Chair (Victor Liner,Inc.)

MARIO O. ABAYA
Management Sector Vice-Chair (Viron Transit, Inc.

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