Procedural Reform: Key Amendments to the 2025 NLRC Rules of Procedure (Part 2)

Jurisdiction of Labor Arbiters

Section 1(h) of Rule V expands the Jurisdiction of Labor Arbiters to encompass issues involving non-compliance with compromise agreements or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation or coercion, pursuant to Article 233 [227] of the Labor Code, as amended.

Service of Summons

Under Section 4 of Rule V, summons shall be served upon the respondent/s as follows: 

1. Summons shall be served upon the respondent/s:

   1. Personally, by the bailiff or by a duly authorized public officer within three (3) working days from receipt thereof;

   2. By registered mail; or

   3. By courier authorized by the Commission. 

2. Such Service may be effected: 

   1. by handing a copy of the summons to the respondent/s in person, or upon refusal to receive and/or to sign for it, by leaving a copy of the summons with the respondent/s after such refusal;

   2. by leaving a copy of the summons at the respondent/s’ residence to a person of at least eighteen (18) years of age and of sufficient discretion residing therein; 

   3. by leaving a copy of the summons at the respondent/s’ regular/registered office or place of business with a competent person in charge thereof. A competent person includes, but is not limited to, one who customarily receives correspondences for the respondent/s; or

   4. by leaving a copy of the summons with any of the officers of the homeowners’ association or condominium corporation, or a security officer in charge of the community or the building where the respondent/s may be found, if entry is refused upon making the server’s authority and purpose known. 

Take note that under Section 4(c) of Rule V, where the summons is improperly served and a lawyer makes a special appearance on behalf of the respondent/s to, among others, question the validity of the service of summons, the Labor Arbiter shall issue an order deputizing the said counsel to serve the summons upon the respondent/s. 

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Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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