KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement entered into by and between:
The DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) through the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB), a government agency, with office address at the DOLE Building, Intramuros, Manila, represented by the Secretary of Labor and Employment, MA. NIEVES R. CONFESOR and the NCMB Executive Director, BUENAVENTURA C. MAGSALIN, respectively:
and
The SAN SEBASTIAN COLLEGE, through the SEBASTINIAN OFFICE OF LEGAL AID (SOLA) of its COLLEGE OF LAW, with office address at the C. M. Recto Avenue, Sampaloc, Manila, represented by its President, LAURO V. LARLAR, O.A.R. and its Dean, RUFUS B. RODRIGUEZ;
WITNESSETH:
WHEREAS, the Philippine Constitution declares as State policy the principle of shared responsibility between workers and employers and the preferential use of voluntary modes of settling disputes including conciliation, mediation, and arbitration;
WHEREAS, the DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) through the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) is the appropriate government agency tasked to implement the State policy and law governing conciliation, mediation, and voluntary arbitration as preferred modes of labor dispute settlement;
WHEREAS, the DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), through the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB), has successfully facilitated the organization of the Philippine Association on Voluntary Arbitration, Inc., and its Regional Chapters nationwide, to serve as the counterpart non-government organization for the purpose of promoting the use and acceptance of voluntary arbitration as the preferred mode of labor dispute resolution particularly on issues related to the interpretation or implementation of collective bargaining agreements, interpretation or enforcement of company personnel policies and all other labor cases upon agreement of the parties;
WHEREAS, the TRIPARTIE VOLUNTARY ARBITRATION ADVISORY COUNCIL (TVAAC) in its 17th Regular Meeting held on 28 August 1992 already agreed in principle to extend the voluntary arbitration subsidy to cover cases by individual complainants particularly in the unorganized sector;
WHEREAS, the concord on Voluntary Arbitration dated 17 September 1992 entered into by representative organizations of workers, employers and voluntary arbitrators, likewise recognizes that the processes and benefits of voluntary arbitration must be extended to labor cases involving workers in the unorganized sectors;
WHEREAS, the PAVA-NCR Chapter has proposed to the NCMB its initial project that will provide FREE LEGAL AID AND VOLUNTARY ARBITRATION SERVICES to workers in organized and unorganized establishments as well as unions which are in the organizational stage who have unresolved grievances and complaints arising from employer-employee relations and do not have necessary funds to pay the cost of voluntary arbitration proceedings including the voluntary arbitrators fees;
WHEREAS, the NCMB and the PAVA-NCR CHAPTER mutually recognize that the Project can be successfully carried out with the participation of Universities and Colleges with Legal Aid Offices duly accredited by the Supreme Court, other Legal Aid Offices of duly registered professional organizations of lawyers;
WHEREAS, the SEBASTINIAN OFFICE OF LEGAL AID of the COLLEGE OF LAW of the SAN SEBASTIAN COLLEGE has the capability to provide adequate legal representation of needy clients with the support and assistance of Voluntary Arbitration Advocates composed of selected Senior Law Students whose services will be credited as part of their compliance with the academic requirements for Law Practicum I and II;
WHEREAS, under the Project, legal aid and voluntary arbitration services to be rendered by the SEBASTINIAN OFFICE OF LEGAL AID shall be cost-free to the parties subject to the availment, under the Special Voluntary Arbitration Fund, or a voluntary arbitration subsidy of SEVEN HUNDRED FIFTY PESOS (P750.00) for each case to pay the operational costs in providing for the services of its Senior Students who will represent the concerned workers and unions;
WHEREAS, the DOLE through the NCMB finds the project completely consistent, relevant and supportive of its mandate to promote voluntary arbitration as the preferred mode of labor dispute settlement;
NOW, THEREFORE, in view of the foregoing premises and consideration, the parties have hereunto agreed, as follows:
A.
THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)
NATIONAL CONCILIATION AND MEDIATION BOARD shall:
1. Set up a Secretariat headed by the NCR-Branch Director and composed of such number of technical and administrative support staff, to perform, among others, the following functions:
1.1 To coordinate with the Public Assistance and Complaint Units of all NCR Branches, Units, Offices and Attached Agencies of the DOLE and ensure the referral of cases to be decided on the merits, to voluntary arbitration;
1.2 To screen the workers and unions who can avail of and qualify for the Free Legal Aid and Voluntary Arbitration Services;
1.3 Facilitate the identification of issues to be submitted to voluntary arbitration;
1.4 Facilitate the execution by the parties of the Joint Submission Agreement;
1.5 Facilitate selection/designation of the voluntary arbitration advocates from the certified list of senior law students under the Sebastinian Office of Legal Aid, and;
1.6 Coordinate the effective and efficient implementation and monitoring of the Agreement, including the setting up of appropriate systems and standard operating procedures.
2. Seek the passage and approval by the TVAAC and the Secretary of Labor and Employment of a resolution authorizing the release and availability of the voluntary arbitration subsidy under the terms and conditions referred to in this Agreement.
3. To pay directly the subsidy stipulated int his Agreement to the Sebastinian Office of Legal Aid.
B. The College of Law of the SAN SEBASTIAN COLLEGE, shall:
1. Provide the NCMB with a certified list of its qualified Senior Students who will serve as pool of para-legal officers for purposes of representing workers and unions during voluntary arbitration proceedings;
2. Provide the NCMB with a system in the selection and designation of said students as para-legal officers for the workers and unions;
3. Provide the use of a room as Arbitration Room for the use of PAVA-NCR members.
C. All parties to this Agreement jointly agree to:
1. Conduct promotional activities and information campaign to disseminate to the public, and the intended beneficiaries the availability of the FREE LEGAL AID AND VOLUNTARY ARBITRATION SERVICES as provided in the Agreement;
2. Issue implementing guidelines to render effective and operational the provisions of this Agreement;
3. Evaluate the effectiveness of the joint project from time to time as the need arises.
This Agreement shall take effect upon signing hereof, until rescinded or superseded by another agreement.
Signed this 7th day of January 1993, Manila, Philippines.
(Signed) (Signed)
RUFUS B. RODRIGUEZ LAURO V. LARLAR, O.A.R.
Dean, College of Law President
San Sebastian College San Sebastian College
And Director, Sebastinian
Office of Legal Aid (SOLA)
(Signed) (Signed)
Executive Director IV Secretary
National Conciliation and Department of Labor and Employment
Mediation Board
Chairman, Tripartite
Voluntary Arbitration Advisory
Council