NATIONAL LABOR RELATIONS COMMISSION Corruption Prevention Reform Program 2004
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| PROCESS |
CORRUPTION PREVENTION REFORM PROGRAM |
IMPLEMENTATION |
PERFORMANCE INDICATOR |
PERFORMANCE TARGET |
| 1. Filing/Institution of Complaint |
| - Abusive NLRC Personnel |
- Training and close monitoring of NLRC Personnel |
- Implemented/ Continuing |
- Efficient and courteous assistance to complainants |
- To gain the trust of litigants regarding the credibility of the system |
| - Fixers victimize complainants |
- Process flow for all areas of operations are posted on conspicuous places |
- Implemented/ Continuing |
- Complainants are not victimized by fixers |
| - Some NLRC Personnel are perceived to be acting as fixers |
- “Beware of Fixers” signs were put up |
- Implemented/ Continuing |
- Complainants are represented by legal counsel or authorized person to address proliferation of fixers |
| - Referral of Cases of favored lawyers |
- A lawyer was assigned in the Public Assistance Center to assist complainants in filing their complaints |
- Implemented/ Continuing |
- Complainant will be represented well and their rights protected |
| - Feedback system was put in place and suggestion boxes were placed in strategic places |
- Implemented/ Continuing |
| - NLRC signed a MOA with the Public Attorney’s Office of the DOJ for complainants not to fall prey to fixers |
- Implemented/ Continuing |
| - Creation of Anti-Corruption Group known as UNMASK within the NLRC |
- Implemented/ Continuing |
| - Issuance of Memorandum Circular No. 2-01, Series of 2004 re: “Strict Application of the Requirements for Appearance of Lawyers and Non-lawyers |
- Implemented/ Continuing |
| 2. Assignment of Cases |
| - Rigging of Raffle |
- Use of tambiolo type device |
- January 2000/ Continuing |
- Transparent and credible raffle system |
- Confidence of the public on the integrity of raffle system |
| - Forging of Certificates of Raffle |
- Raffle is personally witnessed by complainant to ensure transparency |
| - Raffle Officers are rotated to avoid familiarity |
| - Certificates of raffle bear a bar code to ensure authenticity |
| - Numbers assigned to Commissioners and Labor Arbiters are changed twice a month to ensure confidentiality |
| 3. Delay in the service of Summons and Notices to Parties |
| - Delay of service of Summons and notices |
- Process servers, Bailiffs and Sheriffs are required to observe the period prescribed in the NLRC |
- 2002/Continuing |
- Rules on service of Summons and Notices are strictly observed |
- No delay in the service of Summons and Notices |
| - Rules of Procedure is for service of summons and notices under pain of disciplinary action |
| - Process servers are assigned to previously identified areas to easily pinpoint responsibility |
- 2002/Continuing |
- Monthly report submitted |
| 4. Resolution of Cases |
| - Delay in the resolution of cases for a fee |
- Amendment of the NLRC Rules of Procedure to institutionalize the use of conciliation and mediation |
- 2002/Continuing |
- Increase in number of cases settled amicably |
- Fast, fair and credible dispute resolution |
| - Laxity of Labor Arbiters |
- Strict implementation of first in-first-out policy in the resolution of cases |
- 2002/Continuing |
- Resolution of cases by ageing |
| - Decisions for sale |
- Strict observance of time frame provided in the rules |
- 2002/Continuing |
- Speedy resolution of cases |
| - Premature and unauthorized disclosure of decisions |
- “Clean Desk Policy” to ensure confidentiality of decision |
|
- Confidentiality of decision ensure |
| - Consistent monitoring of Labor Arbiters’ Performance |
- Continuing |
- Improve disposition rate |
| - Decisions are released through registered mail |
- Continuing |
- Decisions prior to receipt by party remain confidential |
| - Status of cases are posted in the Internet (www.nlrc.dole.gov.ph) |
- 2003/Continuing |
- Transparency no need to follow up |
| 5. Enforcement of Cases |
| - Advance disclosure to losing party of the issuance of writ of execution |
- Assignment of a lay lawyer to head the enforcement unit which monitors the performance of Sheriffs |
- 2003/Continuing |
- No complaints of delay and enforcement of decisions |
- Expeditious and decisive enforcement of final and executory decision |
| - Stalling execution for a fee by means of filing Motions to Quash and Third Party Claims |
- Designation of female Sheriffs
|
| - Sheriffs are required to submit a monthly performance report |
| - Delay in the service of the Writ of Execution |
- Labor Arbiters are required to submit a monthly report on the status of cases for execution |
| - Sheriffs are pecuniarily interested in the outcome of execution and biddings |
- Motions to Quash are resolved expeditiously |
- 2002/Continuing |
| - To discourage frivolous third party claims, the NLRC Rules of Procedure was amended to include provision requiring third party claimants to post a bond |
- 2002/Continuing |
| - Guideline for transparent bidding with safeguard was issued |
- 2003 |
| 6. Release of Fiduciary Funds |
| - Delay of release for a fee |
- Checklist of all requirements for issuance of fiduciary fund was prepared and are made available to prevailing party |
- 2002/Continuing |
- No complaint about delay |
- Expeditious release of awards |
| - Release of Awards to unauthorized persons to ensure collection of percentage |
- Process time of release was shortened to two (2) days upon submission of complete requirements |
- 2002/Continuing |
- No complaint about release to unauthorized person |
- Expeditious release of awards |
| - Checks are only released to prevailing parties |
- 2003/Continuing |
| 7. Bidding/Purchase of Supplies and Equipments |
| - Lack of transparency of bidding procedure |
- Issuance of strict guidelines on bidding |
- 2003/Continuing |
- Bidding is transparent and credible |
- Integrity of system is preserved |
| - Involving different NLRC organizations such as NALAI, NLRCEA, ALAAP and Stenographic Reporters Association in the conduct of bidding |
- 2002/Continuing |