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TEGIMENTA CHEMICAL vs. BUENSALIDA Case Summary

The document discusses Section 3, Rule V of the New Rules of Procedure of the NLRC, as amended by NLRC Resolution No. 01-02 (Series of 2002). This rule requires both parties to submit verified position papers with supporting documents and affidavits within 10 days of the termination of the mandatory conference. The position papers must only cover the claims and causes of action raised in the original complaint, excluding any that were settled. Parties are not allowed to present new facts or causes of action not included in the original complaint or position papers. The notes indicate these rules were applicable at the time respondent filed complaints against petitioner, and similar provisions are still included in the current 2011 NLRC rules.

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240 views1 page

TEGIMENTA CHEMICAL vs. BUENSALIDA Case Summary

The document discusses Section 3, Rule V of the New Rules of Procedure of the NLRC, as amended by NLRC Resolution No. 01-02 (Series of 2002). This rule requires both parties to submit verified position papers with supporting documents and affidavits within 10 days of the termination of the mandatory conference. The position papers must only cover the claims and causes of action raised in the original complaint, excluding any that were settled. Parties are not allowed to present new facts or causes of action not included in the original complaint or position papers. The notes indicate these rules were applicable at the time respondent filed complaints against petitioner, and similar provisions are still included in the current 2011 NLRC rules.

Uploaded by

Bryan Arias
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
  • Section 3: Submission of Position Papers: Describes the rules for submitting position papers or memoranda, involving jurisdiction and sanctions for non-submission.
  • Legal Document Overview: Provides an overview of the legal case including case number, petitioner, respondent, and the subject rule under examination.

G.R. No. 176466, June 17, 2008, TEGIMENTA CHEMICAL PHILS./VIVIAN D.

GARCIA, petitioner, vs. ROLAN E. BUENSALIDA, respondent.


Section 3, Rule V of the New Rules of Procedure of the NLRC, as amended by NLRC
Resolution No. 01-02 (Series of 2002), provides:
SECTION 4. SUBMISSION OF POSITION PAPERS/MEMORANDA.
Without prejudice to the provisions of the last paragraph,
Section 2 of this Rule, the Labor Arbiter shall direct both parties
to submit simultaneously their position papers with supporting
documents and affidavits within an inextendible period of ten
(10) days from notice of termination of the mandatory
conference.
These verified position papers to be submitted shall cover only
those claims and causes of action raised in the complaint
excluding those that may have been amicably settled, and shall
be accompanied by all supporting documents including the
affidavits of their respective witnesses which shall take the place
of the latters direct testimony. The parties shall thereafter not
be allowed to allege facts, or present evidence to prove facts,
not referred to and any cause or causes of action not included in
the complaint or position papers, affidavits and other
documents.
NOTE: These rules of procedure were applicable at the time that respondent
filed the two complaints against petitioner. In 2005, the NLRC promulgated its
Revised Rules of Procedure which incorporates the amendments introduced
by NLRC Resolution No. 01-02 (Series of 2002) that are material to the instant
case.
FURTHER NOTE: Today, the applicable rule is the 2011 Revised Rules of the
NLRC, which likewise incorporates the same provision.

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