Photo from Pexels | Markus Winkler

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

The 2025 NLRC Rules introduce significant modifications to the procedural framework governing proceedings before the NLRC.

On December 29, 2025, the National Labor Relations Commission (NLRC) promulgated En Banc Resolution No. 09-25, Series of 2025, thereby adopting the 2025 NLRC Rules of Procedure. This Resolution took effect on January 13, 2026 and superseded the 2011 NLRC Rules of Procedure, as amended. 

The 2025 NLRC Rules introduce significant modifications to the procedural framework governing proceedings before the NLRC.

This Article will focus on Rules I to IV.

Signature and Verification

Under the new rules, Section 1 of Rule III provides among others that all complainants or petitioners shall sign the complaint or petition, and shall execute a verification and certification of non-forum shopping.

Filing and Service of Pleadings 

Section 3 of Rule III allows the filing and service of the pleadings by personal service, registered mail, or courier service, to wit:

“Section 3. PLEADINGS; FILING AND SERVICE –  xxx. Filing and service of pleadings shall be proved by the following:

1. For personal filing and service – the written or stamped acknowledgment of the party served, the Regional Arbitration Branch or the Commission, as the case may be; or the return of the server, containing a statement of the date, place, and manner of service;
2. For registered mail – the registry receipt issued by the mailing office; and
3. For courier service – the courier’s official receipt or tracking document.

 

In the event that a pleading is filed through registered mail or courier authorized by the Commission, the date of mailing shall be considered as the date of filing thereof.

 

No pleading or any other paper shall be given due course without proof of service to the opposing party, except if filed simultaneously during the scheduled setting before the Labor Arbiter.”

 

Appearance of Lawyers 

Section 6(a) of Rule III states that a lawyer appearing before the NLRC shall, at all times, respect the law, the institution, its officials, employees, and processes, and act with courtesy, civility, fairness and candor. 

A lawyer shall not delegate to or permit a non-lawyer, including a paralegal personnel, to:

1. accept cases on behalf of the said lawyer;
2. give legal advice or opinion;
3. act independently without the lawyer’s supervision or direction;
4. hold himself/herself out as a lawyer, or be named in association with a lawyer in any pleading or submission to the NLRC;
5. appear before the NLRC or actively participate in formal legal proceedings on behalf of a client, except when allowed by the law or rules;
6. conduct negotiations with third parties unless under a lawyer’s supervision or direction;
7. sign correspondence containing a legal opinion; or
8. perform any of the duties that only lawyers may undertake.

A lawyer shall not share, split or divide or stipulate to divide, directly or indirectly, a fee for legal services with persons or organizations not licensed or authorized to practice law.

(b) A lawyer appearing for a party is presumed to be properly authorized for that purpose. In every case, the lawyer shall indicate

Appearance of Non-Lawyers

Also, provided under Section 6(c) of Rule III are the conditions under which non-lawyers may appear before a Labor Arbiter or the Commission, the conditions are as follows: 

(1) If they represent themselves;

(2) If they represent their legitimate labor organization, as defined under Article 219 [212] and 251 [242] of the Labor Code, as amended, which is a party to the case, provided that the representatives submit to the Labor Arbiter or the Commission during the mandatory conference or initial hearing:

1. ) a certification from the Bureau of Labor Relations or Regional Office of the Department of Labor and Employment (DOLE) attesting that the organization represented is duly registered and listed in the roster of legitimate labor organizations;
2. ) a verified certification issued by the secretary and attested to by the president of the said organization stating that they are authorized to represent the said organization in the said case; and
3. ) a copy of the resolution of the board of directors of the said organization granting such authority;

(3) If they represent a member/s of a legitimate labor organization that is existing within the employer’s establishment, who is a/are party/ies to the case, provided that, they submit:

1. ) a verified certification attesting that they are authorized by such member/s to represent them in the case; and
2. ) a verified certification issued by the secretary and attested to by the president of the said organization stating that the person/s they are representing is a/are member/s of their organization which is existing in the employer’s establishment; and

(4) If they are authorized under any legal aid program certified by the Supreme Court or the IBP, provided that, they (i) submit the necessary certification; and (ii) proof of authority to represent the party.

Take note that under Section 6(d) of Rule III, an appearance by a non-lawyer in contravention of Section 6 of Rule III shall not be recognized in any proceedings before the Labor Arbiter or the Commission, without prejudice to being cited in contempt, as well as to prosecution for civil, criminal, and administrative complaints. The appearance of non-lawyers as contemplated in Section 6 of Rule III shall not in any way entitle said non-lawyers to attorney’s fees or any other contingency or similar fees. 

Venue

Under the 2025 NLRC Rules, the coverage of the term “workplace” has been expanded in Section 1(b) of Rule IV compared to the definition under the 2011 NLRC Rules. It now provides:

“For this purpose, “workplace” shall include:

1. where the employee is assigned
2. Where the employee is supposed to report back after a temporary detail, assignment, or travel;
3. Where the field employees, as well as mobile, ambulant, intermittent or itinerant workers are assigned, or where they are supposed to regularly receive their salaries/wages or work instructions, and report the results of their assignment; and 
4. the alternative workplace of telecommuting workers, or those under other similar work arrangements;”

Click here to subscribe to our newsletter

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

All rights reserved.