Requirements for Filing a Position Paper in the NLRC Without an Attorney's Signature

Introduction

In the Philippine labor dispute resolution system, the National Labor Relations Commission (NLRC) serves as the primary quasi-judicial body tasked with adjudicating labor and management conflicts. Proceedings before the NLRC are designed to be expeditious, inexpensive, and less formal than regular court processes, aligning with the constitutional mandate to afford full protection to labor. A key component of these proceedings is the submission of a position paper, which encapsulates a party's claims, defenses, and evidence. While legal representation is common, parties—particularly employees—may opt to proceed without counsel due to financial constraints or personal preference. This article explores the requirements for filing a position paper in the NLRC without an attorney's signature, drawing from the governing rules and jurisprudence to provide a comprehensive overview.

Legal Framework Governing Position Papers in the NLRC

The primary rules regulating NLRC proceedings are the 2011 NLRC Rules of Procedure, as amended by En Banc Resolution No. 11-12 (Series of 2012) and subsequent issuances. These rules emphasize simplicity and substantial justice over technicalities, reflecting the labor code's policy under Article 221 of the Labor Code of the Philippines (Presidential Decree No. 442, as amended), which states that technical rules of evidence prevailing in courts shall not be binding in labor proceedings.

Under Rule V of the NLRC Rules, the position paper is a mandatory pleading in compulsory arbitration before a Labor Arbiter. It must be filed within the period specified in the summons or order, typically within ten (10) calendar days from receipt of the notice to file. Failure to file may result in the case being decided based on available records or the adverse party's submission, potentially leading to dismissal of the complaint or granting of reliefs sought.

Importantly, the rules do not mandate that a position paper be signed by an attorney. Instead, they allow for self-representation, consistent with the principle that labor proceedings should be accessible to all, especially indigent workers. This is supported by Supreme Court decisions, such as in Mariveles Shipyard Corp. v. CA (G.R. No. 144134, November 11, 2003), which underscored that procedural rules in labor cases should not be applied rigidly to deny substantial justice.

Key Requirements for Filing a Position Paper

To ensure a position paper is properly filed without an attorney's signature, the following elements must be observed:

1. Form and Format

Number of Copies: The position paper must be filed in three (3) legible copies: one original for the Labor Arbiter, one for the opposing party, and one for the records. Electronic filing may be allowed in certain divisions, but physical submission remains the norm unless otherwise specified.
Paper Size and Legibility: It should be typewritten or printed on legal-sized paper (8.5 x 13 inches), with clear and readable font (e.g., Arial or Times New Roman, size 12 or 14). Handwritten submissions are discouraged but may be accepted if legible, emphasizing the non-technical nature of proceedings.
Pagination and Binding: Pages must be consecutively numbered, and the document should be securely bound or fastened.

2. Contents of the Position Paper

Caption and Title: The paper must include the NLRC case number, the names of the parties (complainant vs. respondent), and the title "Position Paper."
Statement of Facts: A clear, concise narration of the relevant facts, supported by evidence.
Issues: Identification of the legal and factual issues in dispute.
Arguments and Legal Basis: Detailed discussion of the party's position, citing pertinent laws (e.g., Labor Code provisions), jurisprudence, and evidence. Even without counsel, the party should reference basic labor principles, such as just causes for termination under Article 297 or monetary claims under Article 291.
Prayer for Relief: Specific remedies sought, such as reinstatement, backwages, or damages.
Annexes and Evidence: All supporting documents, including affidavits of witnesses, must be attached and marked (e.g., Annex "A"). Affidavits should be in question-and-answer form and sworn before a notary public or the Labor Arbiter. The rules require that evidence not attached to the position paper may not be considered unless good cause is shown.

3. Verification and Signature

Verification Requirement: The position paper must be verified under oath by the party filing it. Verification certifies that the filer has read the contents, that the allegations are true and correct based on personal knowledge or authentic records, and that it is not filed to harass or cause delay. This is done via a verification clause at the end of the document.
Signature by the Party: In the absence of an attorney, the complainant or respondent personally signs the position paper and the verification. If the party is a corporation, an authorized representative (e.g., HR manager with board resolution) may sign. For employees, personal signature suffices, promoting accessibility.
Jurat or Acknowledgment: The verification must be subscribed and sworn to before a notary public. However, in labor cases, the Labor Arbiter may administer the oath for free, as provided under the rules to assist unrepresented parties.
No Attorney Signature Needed: The absence of an attorney's signature does not invalidate the filing, provided the party complies with verification. This is distinct from regular court rules under the Rules of Court, where unsigned pleadings may be stricken. NLRC jurisprudence, like in PFMCI v. NLRC (G.R. No. 121962, February 23, 1999), affirms that substantial compliance is key.

4. Service to the Opposing Party

The filer must serve a copy on the opposing party simultaneously with filing, either personally, by registered mail, or through authorized private courier. Proof of service (e.g., registry receipt) must be attached. Failure to serve may lead to the position paper being disregarded.

5. Filing Fees and Indigency

No filing fees are required for position papers in NLRC, as initial complaints for amounts below a certain threshold are fee-exempt for employees. If the party is indigent, they may file a motion for exemption from other costs, further facilitating self-representation.

Special Considerations for Self-Represented Parties

Assistance from the NLRC: Labor Arbiters are encouraged to assist unrepresented parties, such as explaining procedures during conferences. The Public Assistance and Information Office (PAIO) in NLRC offices provides free guidance.
Amendments and Supplements: A position paper may be amended before the case is submitted for decision, but only with leave from the Labor Arbiter. Self-represented parties should request this in writing.
Consequences of Non-Compliance: An unverified or unsigned position paper may be treated as a mere scrap of paper, leading to adverse decisions. However, courts have liberalized rules in labor cases; for instance, in Lambayan v. Bayao (G.R. No. 216260, March 7, 2018), the Supreme Court allowed substantial compliance where technical defects did not prejudice the other party.
Appeals and Higher Review: If aggrieved by a Labor Arbiter's decision based on position papers, parties can appeal to the NLRC Commission proper without counsel, following similar verification rules. Further appeals to the Court of Appeals and Supreme Court may require counsel, but pro se filings are possible under certain conditions.

Jurisprudential Insights

Philippine jurisprudence reinforces the flexibility for self-representation. In Varorient Shipping Co., Inc. v. NLRC (G.R. No. 164582, September 27, 2006), the Court held that the lack of formal legal training does not bar a party from filing pleadings, as long as they adhere to basic requirements. Similarly, Santos v. NLRC (G.R. No. 115795, March 6, 1998) emphasized that verification by the party personally is sufficient, without needing an attorney's imprimatur.

However, self-representation carries risks, such as overlooking legal nuances. Parties are bound by their submissions, and ignorance of the law is not an excuse, as noted in Paredes v. Feed the Children Philippines, Inc. (G.R. No. 184397, September 9, 2015).

Conclusion

Filing a position paper in the NLRC without an attorney's signature is not only permissible but encouraged under the rules to ensure equitable access to justice. By adhering to the requirements of form, content, verification, and service, parties can effectively present their case. This approach embodies the labor law's pro-worker stance, prioritizing substance over form. For those navigating these proceedings, consulting NLRC resources or free legal aid from the Integrated Bar of the Philippines can provide additional support, though not as substitutes for personal diligence.