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CA 103 CHAPTER III.—Incidental Powers of the Court and Manner of Conducting Investigations

Section 6–12 · 7 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

The power to issue subpoena, etc.

Section 6

SEC. 6. The power to issue subpoena, etc.—The Judge of the Court shall have the power to administer oaths in matters connected with the business of the Court; summon the parties to a controversy before the Court, issue subpoena require the attendance and testimony of witnesses and the production of such books, papers, contracts, records, statements of accounts, agreements and statements as may be material to a just determination of the matter under investigation, take testimony in any investigation or hearing conducted in pursuance of the provisions of this Act, and delegate all such powers to any board or person who shall act in behalf of the Court. Any contempt of the orders of the Court in this regard shall be punished as in other cases of contempt of Courts of First Instance.

Where hearings may be held; and how.

Section 7

SEC. 7. Where hearings may be held; and how.—The Court shall have power to conduct hearing in any place for the determination of a question, matter or controversy within its jurisdiction, proceed to hear and determine the dispute in the absence of any party thereto who has been summoned or served with notice to appear, conduct its proceedings or any part thereof in public or in private; adjourn its hearings to any time and place, refer any technical matter or matters of account to an expert and to accept his report as evidence, direct parties to be joined or stricken out from the proceedings, correct, amend or waive any error, defect or irregularity, whether in substance or in form; extend any prescribed time; give all such directions as it may deem necessary or expedient in the determination of the dispute before it; and determining the dispute or part thereof, where it is trivial or where further proceedings by the Court are not necessary or desirable.

Assessors.

Section 8

SEC. 8. Assessors.—Employers and employees or laborers and landlords and tenants or farm-laborers directly concerned with any matter under or to be submitted to the consideration of the Court may petition for the appointment of assessors, and the Court, when satisfied of the interest of the petitioners in the controversy, may appoint at any stage of the proceedings assessors not exceeding three for the employers or landlords, and an. equal number of assessors for the employees, laborers or tenants, from the lists of candidates to be submitted by the parties concerned. The assessors will serve without compensation or allowance whatsoever.

Boards of inquiry.

Section 9

SEC. 9. Boards of inquiry.—Whenever necessary in his opinion, the President of the Philippines may appoint boards of inquiry in different localities to assist the Court in the performance of its duties under the provisions of section five hereof. A local board of inquiry shall be composed of the following members: not more than six from among a list of nominees to be submitted by employers or landlords, an equal number from a list submitted by the employees, laborers, tenants or farm-laborers, and not more than three experts in sociology, welfare work, labor problems or industrial and agricultural economics and administration: Provided, That if within fifteen days after requesting them to do so, the parties concerned fail to submit the list of nominees above mentioned, the President may appoint in their stead such persons as in his judgment may represent the parties failing to submit such nominees. The chairman of the board shall be designated by the President from among the experts. The majority of the board shall constitute a quorum to do business, and the affirmative vote of the majority of all the members present shall be necessary to the approval of any proposition. The members of the board shall receive no compensation but they shall be paid their traveling expenses. The boards of inquiry shall be charged with the duty of investigating and determining the facts in any given case, and their report and decision shall be deemed as only advisory.

Section 10

SEC. 10. Reference to public officials:—For the sake of expediency and depending on the nature and extent of the facts and questions involved, the Court may refer any industrial or agricultural dispute, or any matter under consideration or advisement by the Court under the provisions of section four hereof to a local board of inquiry, a provincial fiscal, a justice of the peace or any public official in any part of the Philippines for investigation, report, and recommendation, and may delegate to such board or public official such powers and functions as the said Court of Industrial Relations may deem necessary; but such delegation shall not affect the exercise by the Court itself of any of its powers or functions. When delegation is made to a public official as above provided, he may, in his discretion, appoint an equal number of assessors, not exceeding three, from each of the lists submitted by the employers or landlords and by the employees, laborers, tenants, or farm-laborers, respectively, interested in the matter referred to him for investigation. The assessors thus appointed shall serve without compensation or allowance whatsoever. The Court may take into account or set aside the recommendation of any such board or public official in deciding the dispute and making its decision, award or order.

Court authorized to seek help from other officers.

Section 11

SEC. 11. Court authorized to seek help from other officers.—The Court shall have the power to require the services of any Government official or employee, to help it, without additional compensation, in the performance of its duties.

Power of inspection.

Section 12

SEC. 12. Power of inspection.—The Judge or any person authorized by him in writing may at any time during working hours, enter any labor establishment, building, place or premises in the performance of the duties of the Court, and may inspect and view any work, material, implement, machinery, appliances or any object therein.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).