remanded the case to Labor Arbiter Mayor, Jr. “for conduct of further approximate
proceedings and to terminate the same with dispatch.”55[55]
Second Substantive Issue: Sufficiency of Sworn Affidavit
And the primordial reason why the argument of OSCI for the mandatory
conduct of clarificatory hearings requiring the personal appearance of Bastol and
the testimonies of Dr. Lim and Dr. Vicaldo is erroneous is that the law and the
rules do not require such mandatory clarificatory hearings.
Labor Arbiter Has Discretion on the Propriety of
Conducting Clarificatory Hearings
While it can be argued that the NLRC through its July 30, 1999 Decision
skewed to have clarificatory hearings for the presentation of evidence, it cannot be
gainsaid that with the remand of the case, the Labor Arbiter must proceed in
accordance to the Rules governing proceedings before him provided under the
prevailing Rules of Procedure of the NLRC.56[56]
55[55] Supra note 22.
56[56] As amended by Resolution 3-99, Series of 1999, issued on December 10, 1999 by
the NLRC En Banc.
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