be impugned by mere self-serving allegations.27 Proof of an irregularity in its
execution is absolutely essential. The Agreement likewise bears the signature
of Conciliator-Mediator Diaz. Thus, the signatures of these officials
sufficiently prove that Iladan was duly assisted when she signed the waiver
and settlement. Concededly, the presumption of regularity of official acts may
be rebutted by affirmative evidence of irregularity or failure to perform a
duty. In this case, no such evidence was presented. Besides, "[t]he Court has
ruled that a waiver or quitclaim is a valid and binding agreement between the
parties, provided that it constitutes a credible and reasonable settlement, and
that the one accomplishing it has done so voluntarily and with a full
understanding of its import."29 Absent any extant and clear proof of the
alleged coercion and threats Iladan allegedly received from respondents that
led her to terminate her employment relations with respondents, it can be
concluded that Iladan resigned voluntarily.”
Thus, in order to overcome the presumption of regularity in the performance of
official business for the purpose of nullifying a compromise agreement executed during
SEnA before the POLO, the OFW has to prove irregularity in the SEADO’s performance of
his/her duties or that the settlement agreement is contrary to law, morals, public order and
public policy.
(d)
OFWs have the right to adequate legal counsel/assistance but have no access
to competent and independent legal counsel/assistance of their choice during the SEnA
conferences before the POLOs. While the SEnA Rules discourage the participation of
lawyers in the SEnA conference itself, it does not bar OFWs from seeking legal advice or
assistance. In order to address the lack of legal advice/assistance of OFWs during the SEnA
conferences before the POLOs, it is recommended that a program or policy be instituted in
order to provide the OFW access to virtual or online legal advice/assistance through the
services of the Public Attorney’s Office, the Integrated Bar of the Philippines, legal aid
clinics, pro-bono lawyers or through the OFW’s counsel of choice.
V.
Recommendations
A.
Recognizing that addressing the challenges of institutional capacity to absorb an
expanding caseload for the long term will require reforms in the judicial architecture,
meantime at the interim, the following procedural enhancements could be proposed to
improve administrative efficiency in the judiciary and thus compel duty bearers to act
with more expediency and public accountability:
1.
Recording of the date the case was submitted for decision/resolution should be
specifically stated in the decisions of the Labor Arbiter, the NLRC, the Court of Appeals and
the Supreme Court. With this information, it can be determined if there was a substantial
delay at each level, either before, or after the case has been submitted for decision.
2.
Strictly implement at each level a monitoring system on the status of each case
in order to determine if the last pleading has already been filed, and whether or not the case
should already be submitted for resolution. In many cases, even if the last pleading has
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