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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In Kanlaon vs. NLRC, G.R. No. 126625, September 18, 1997, the Supreme Court ruled that as a general rule, only lawyers are allowed to appear before the Labor Arbiter and the National Labor Relations Commission in cases before them. However, Article 228 of the Labor Code, as amended, provided for certain exceptions.
A lawyer appearing for a party is presumed to be properly authorized for that purpose. In every case, he/she shall indicate in his/her pleadings and motions his/her Attorney’s Roll number, as well as her Professional Tax Receipt Number and Integrated Bar numbers for the current year and the Mandatory Continuing Legal Education Compliance.
However, under Article 228 of the Labor Code, as amended, non-lawyers may appear before the Commission or any Labor Arbiter if:
- They represent themselves; or
- They represent their organization or members thereof: Provided, that:
- A verified certification of authorization is presented; and
- A verified certification issued by the secretary and attested to by the president of the said organization stating that the person appearing is authorized to represent the said organization.
Appearances of a non-lawyer in contravention of the above-mentioned provision shall not be recognized in the proceedings before the Labor Arbiter or Commission.
Appearances may be made orally or in writing. In both cases, the complete name and office address of the counsel or authorized representative shall be made of record and the adverse party and his/her counsel or authorized representative be properly notified.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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