NLRC “Rejoinder” in the Philippines: What It Is and How to File

Introduction

In the realm of Philippine labor law, the National Labor Relations Commission (NLRC) serves as the primary quasi-judicial body tasked with resolving labor disputes between employers and employees. Established under the Labor Code of the Philippines (Presidential Decree No. 442, as amended), the NLRC handles cases involving unfair labor practices, illegal dismissal, money claims, and other employment-related conflicts. Within its procedural framework, the "rejoinder" plays a crucial role in ensuring that parties can fully articulate their positions and respond to arguments raised by the opposing side.

This article provides a comprehensive overview of the rejoinder in NLRC proceedings. It explains its definition, purpose, legal basis, when and how it is filed, required contents, procedural timelines, and potential consequences of non-compliance. Understanding the rejoinder is essential for litigants, lawyers, and human resource professionals navigating the NLRC's dispute resolution process, as it promotes fairness and due process in labor adjudication.

What is a Rejoinder?

A rejoinder is a formal written response filed by a party in an NLRC case to address new issues, arguments, or evidence presented in the opposing party's reply. It is essentially a "reply to a reply," allowing the original filer (typically the complainant or respondent) to rebut or clarify matters that were not fully covered in their initial position paper.

In the context of NLRC proceedings, the rejoinder is not a standalone document but part of a sequence of pleadings. The typical flow begins with the filing of a complaint, followed by mandatory conciliation and mediation conferences. If settlement fails, parties submit position papers outlining their claims, defenses, and evidence. The Labor Arbiter may then permit the exchange of a reply (responding to the position paper) and a rejoinder (responding to the reply). This iterative process ensures that all relevant facts and legal arguments are on the record before the case is submitted for decision.

Unlike in civil court proceedings under the Rules of Court, where pleadings like answers, replies, and rejoinders have more rigid structures, NLRC rules emphasize expeditious resolution. Thus, rejoinders are optional and granted at the discretion of the Labor Arbiter, primarily to prevent surprise or address novel points.

Key Characteristics of a Rejoinder

Responsive Nature: It must directly address points raised in the reply and cannot introduce entirely new claims or evidence unless they are inextricably linked to rebutting the reply.
Conciseness: NLRC rules encourage brevity to avoid prolonging cases.
Evidentiary Support: Attachments such as affidavits, documents, or other proofs may be included if they counter evidence in the reply.
Non-Mandatory: Filing a rejoinder is permissive, not required, but failing to file one may forfeit the opportunity to contest certain arguments.

Legal Basis for Rejoinders in NLRC Proceedings

The authority for filing rejoinders stems from the 2011 NLRC Rules of Procedure (as amended), which govern the commission's operations. Specifically:

Rule V, Section 6: This provision allows parties to file replies and rejoinders. It states that "the parties may be allowed to file their respective replies and rejoinders within ten (10) calendar days from receipt of the position paper of the adverse party." The Labor Arbiter has the discretion to grant or deny permission based on the case's complexity and the need for further clarification.
Labor Code Provisions: Article 221 (now Article 227 under the renumbered Labor Code) mandates technical rules not binding in labor proceedings, prioritizing substantial justice over procedural technicalities. This flexibility allows rejoinders to be entertained even if not strictly required, as long as they aid in resolving the dispute.
Supreme Court Jurisprudence: Philippine courts have upheld the importance of rejoinders in ensuring due process. For instance, in cases like Philippine Airlines, Inc. v. NLRC (G.R. No. 123294, 1998), the Supreme Court emphasized that labor proceedings should afford parties ample opportunity to present their side, which includes responding to replies via rejoinders. However, abuse of this process, such as filing dilatory rejoinders, can lead to sanctions.

Amendments to the NLRC rules, including those influenced by the Department of Labor and Employment (DOLE) Department Order No. 40-03 and subsequent updates, have streamlined procedures to align with the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC) and electronic filing initiatives, affecting how rejoinders are submitted.

Purpose of Filing a Rejoinder

The primary objective of a rejoinder is to achieve a balanced and complete record for the Labor Arbiter's decision-making. Specific purposes include:

Rebutting New Arguments: If the reply introduces fresh allegations, interpretations of law, or evidence, the rejoinder allows the other party to counter them directly.
Clarifying Misrepresentations: It corrects any distortions or misquotes from the position paper that appeared in the reply.
Strengthening One's Case: By addressing gaps, a rejoinder can bolster the original position, potentially influencing the outcome.
Promoting Fairness: It upholds the constitutional right to due process by preventing "trial by ambush," where one party is caught off-guard by late-raised issues.
Expediting Resolution: While it adds a step, a well-crafted rejoinder can resolve factual disputes early, reducing the need for full hearings.

In practice, rejoinders are particularly useful in complex cases involving multiple issues, such as collective bargaining disputes or claims for backwages and separation pay.

When to File a Rejoinder

A rejoinder becomes relevant after the submission of position papers and replies. The timeline is triggered by receipt of the opposing party's reply:

Pre-Condition: The Labor Arbiter must explicitly allow the filing of a reply and, subsequently, a rejoinder. This is often indicated in an order or during the preliminary conference.
Timing: Under NLRC Rule V, Section 6, a rejoinder must be filed within ten (10) calendar days from receipt of the reply. This period is non-extendible unless good cause is shown (e.g., force majeure or excusable negligence).
Stage in Proceedings: Rejoinders are filed during the pre-trial phase, before the case is deemed submitted for decision. If no reply is filed, a rejoinder is unnecessary.
Exceptions: In appeals to the NLRC Division or the Court of Appeals, rejoinders may not be standard, as appellate procedures focus on memoranda rather than iterative pleadings. However, in rare cases, the NLRC en banc may permit similar responses.

If the ten-day period lapses without filing, the party waives the right, and the case proceeds without the rejoinder.

How to File a Rejoinder: Step-by-Step Guide

Filing a rejoinder involves adherence to procedural formalities to ensure acceptance. Below is a detailed guide:

Step 1: Verify Permission

Confirm that the Labor Arbiter has allowed replies and rejoinders. If not specified, file a motion requesting permission, citing the need for due process.

Step 2: Prepare the Document

Format: Use legal-sized paper (8.5 x 13 inches) or A4, with 1-inch margins on all sides. Font should be Arial or Times New Roman, size 12 or 14, double-spaced. Comply with the Efficient Use of Paper Rule by printing on both sides if hard copies are submitted.
Caption and Title: Include the NLRC case number, names of parties, and title it as "Rejoinder" or "Rejoinder to Reply."
Contents:
- Introduction: State the purpose, e.g., "This Rejoinder is filed to address the new matters raised in the Respondent's Reply dated [date]."
- Body: Number paragraphs for clarity. Respond point-by-point to the reply's arguments, citing laws (e.g., Labor Code articles), jurisprudence, and evidence. Avoid repetition of the position paper.
- Prayer: Request that the rejoinder be noted and considered in the decision, plus any other relief (e.g., dismissal of counterclaims).
- Verification and Certification: Include a verification under oath affirming the truth of the contents and a certification against forum shopping.
- Annexes: Attach supporting documents, labeled as Annex "A," "B," etc.
Length: Keep it concise, ideally 5-10 pages, unless the case's complexity warrants more.

Step 3: Serve on the Opposing Party

Provide copies to the other party via personal service, registered mail, or accredited courier. Include proof of service (e.g., registry receipt) when filing with the NLRC.

Step 4: File with the NLRC

Modes of Filing:
- Personal Filing: Submit the original and required copies (usually one original plus copies for each party and the Labor Arbiter) at the NLRC Regional Arbitration Branch handling the case.
- Electronic Filing: Per NLRC En Banc Resolution No. 02-20 (Electronic Filing and Service), email the rejoinder in PDF format to the designated NLRC email address, with a subject line including the case number. Follow up with hard copies if required.
- Number of Copies: Typically, one original and three copies (for the Labor Arbiter, complainant, and respondent).
Filing Fee: No additional fee is required for rejoinders, as fees are paid upon initial complaint filing.

Step 5: Monitor Acknowledgment

The NLRC will stamp the document as received. If filed electronically, await confirmation.

Common Pitfalls and Best Practices

Avoiding Delays: File early within the 10-day window to account for service issues.
Substantive Focus: Stick to rebuttals; introducing new causes of action may lead to rejection.
Evidentiary Rules: Ensure attachments are authenticated; unauthenticated documents may be disregarded.
Professionalism: Use respectful language to avoid antagonizing the arbiter.
Representation: While self-representation is allowed, engaging a lawyer experienced in labor law is advisable for crafting effective rejoinders.

Consequences of Not Filing or Improper Filing

Waiver of Response: Not filing means unchallenged arguments in the reply may be deemed admitted.
Case Progression: The Labor Arbiter may submit the case for decision without the rejoinder, potentially weakening one's position.
Sanctions: Frivolous or dilatory rejoinders can result in fines (up to P5,000) or contempt citations under NLRC rules.
Appeal Implications: Errors in rejoinder handling can be raised on appeal, but only if grave abuse of discretion is shown.

Conclusion

The rejoinder in NLRC proceedings is a vital tool for refining arguments and ensuring equitable resolution of labor disputes in the Philippines. By allowing parties to address evolving issues, it aligns with the Labor Code's emphasis on speedy and inexpensive justice. Litigants should approach rejoinders strategically, focusing on clarity and relevance to maximize their impact. For specific cases, consulting the latest NLRC rules or a legal expert is recommended to navigate any procedural nuances.