4/15/2021 E-Library - Information At Your Fingertips: Printer Friendly SEC. 3. Directory and Suppletory Application of the Guidelines and Rules of the Court. - The rules governing the proceedings before a voluntary arbitrator shall be the subject of agreement among the parties to a labor dispute and their chosen arbitrator. In the absence of agreement on any or various aspects of the voluntary arbitration proceedings, the pertinent provisions of these Guidelines and the Revised Rules of Court shall apply by analogy or in a directory and suppletory character and effect.[92] clearly recognizes that the Rules of Court shall apply suppletorily or by analogy to arbitration proceedings. As such, Section 1, Rule 22 of the Rules of Court had been properly appreciated in determining the timeliness of the filing of respondents' motion for reconsideration. The said section provides: SEC. 1. How to compute time. - In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day. In this case, respondents have 10 days from February 5, 2015, the day they received a copy of the Panel's Decision, within which to file their motion for reconsideration. However, given that February 15, 2015, falls on a Sunday, respondents have until the next business day, pursuant to Section 1, Rule 22 of the Rules of Court, to file their motion for reconsideration. Hence, when respondents filed their motion on February 16, 2015, the same had been filed within the reglementary period. Respondents are not guilty of forum shopping Petitioner insists that respondents resorted to forum shopping when they filed before the Panel a Manifestation with Opposition after their motion for reconsideration was denied, and another motion entitled Reiterative Motion after they had already filed their petition for review with the CA and before the Panel can rule on its Manifestation with Opposition, as they actively sought the review and reversal of the ruling of the Panel with the latter and the CA simultaneously and successively. Section 5, Rule 7 of the Rules of Court embodies the rule against forum shopping. It provides: SEC. 5. Certification against forum shopping. - The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237 16/37