Respondents submitted a manifestation with motion for the complainants to submit a bill of
particulars, copy furnished complainants.
Complainants moved that their motion to declare respondents in default be resolved first by the
Labor Arbiter.
Both motions submitted for consideration of the Labor Arbiter.
(Signature of Mr. Habana) 5/10/96
(Signature of Mr. De Guzman)
(Signature of Ms. Borrego)
MA. SHIRLEI M. BORREGO
Representative, OMANFIL (underscoring supplied).v[5]
Third, since the conference on 10 May 1996 no order or notice as to what action was taken by
the Labor Arbiter in disposing the pending motions was ever received by private respondents.
They were not declared in default by the Labor Arbiter nor was petitioner required to submit a
bill of particulars.
Fourth, neither was there any order or notice requiring private respondents to file their position
paper, nor an order informing the parties that the case was already submitted for decision. What
private respondents received was the assailed decision adverse to them.
It is clear from the foregoing that there was an utter absence of opportunity to be heard at the
arbitration level, as the procedure adopted by the Labor Arbiter virtually prevented private
respondents from explaining matters fully and presenting their side of the controversy. They had
no chance whatsoever to at least acquaint the Labor Arbiter with whatever defenses they might
have to the charge that they illegally dismissed petitioner. In fact, private respondents presented
their position paper and documentary evidence only for the first time on appeal to the NLRC.
The essence of due process is that a party be afforded a reasonable opportunity to be heard and to
submit any evidence he may have in support of his defense.vi[6] Where, as in this case,
sufficient opportunity to be heard either through oral arguments or position paper and other
pleadings is not accorded a party to a case, there is undoubtedly a denial of due process.
It is true that Labor Arbiters are not bound by strict rules of evidence and of procedure.vii[7] The
manner by which Arbiters dispose of cases before them is concededly a matter of discretion.
However, that discretion must be exercised regularly, legally and within the confines of due
process. They are mandated to use every reasonable means to ascertain the facts of each case,
speedily, objectively and without regard to technicalities of law or procedure, all in the interest
of justice and for the purpose of accuracy and correctness in adjudicating the monetary awards.