AUTHORIZED REPRESENTATION BY NON-LAWYERS IN LABOR PROCEEDINGS UNDER THE PHILIPPINE LABOR CODE
(Remedial Law, Legal Ethics & Legal Forms > Legal Ethics > A. Practice of Law > 4. Authorized representation by non-Lawyers > b. Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies, or Arbitration Tribunals > ii. Labor Code)

1. OVERVIEW: PRACTICE OF LAW AND ITS REGULATION

Under the 1987 Philippine Constitution, the Supreme Court has the exclusive power to regulate the admission to the practice of law. In general, only lawyers who are members of the Philippine Bar in good standing are authorized to represent parties in courts and quasi-judicial bodies. This principle is reinforced by statutes and rules promulgated by the Supreme Court to protect litigants and the public from the unauthorized practice of law.

However, there are recognized exceptions in certain specialized venues or proceedings where non-lawyers may appear and represent parties. One prominent exception is found in labor proceedings—particularly in cases before labor arbiters, the National Labor Relations Commission (NLRC), the Department of Labor and Employment (DOLE) offices or bureaus, and voluntary or compulsory arbitration under the Labor Code of the Philippines (Presidential Decree No. 442, as amended).

2. LEGAL BASIS FOR NON-LAWYER REPRESENTATION IN LABOR PROCEEDINGS

2.1. Article 222 of the Labor Code (Renumbered as Article 227 under the DOLE’s edition)

The Labor Code provides that:

Representation in any labor proceeding
Any lawyer appearing for a party to a case or proceeding before the labor arbiter or the Commission shall be governed by the standards of professional conduct for lawyers. Non-lawyers may appear before the Commission or any labor arbiter only if:

They represent themselves; or

They represent their organization or members thereof; or

They are duly accredited and authorized to represent legitimate labor organizations or employers’ organizations.

This provision is the core legal basis for allowing non-lawyers to appear in labor disputes. The primary rationale is that labor cases are intended to be relatively more informal, speedy, and accessible to ordinary workers. Hence, the Labor Code seeks to enable workers (and employers) to obtain fair representation without the often prohibitive costs of hiring counsel, and to allow union representatives or duly authorized company representatives to stand in.

2.2. Rules of Procedure of the NLRC

The NLRC’s Revised Rules of Procedure (as amended) mirror the Labor Code’s provisions on representation. They often reiterate that appearances by non-lawyers are allowed subject to accreditation or authorization. Specifically:

Rule III of the NLRC Rules of Procedure governs representation and sets forth guidelines for who may represent parties before labor arbiters and the NLRC.
Non-lawyers must be authorized in writing by the party or by the organization they represent.

2.3. Policy Considerations

The policy behind these rules is that labor proceedings are non-litigious and simplified. The labor tribunals and arbitration mechanisms encourage direct resolution of disputes with minimal technicality. Limiting representation only to lawyers in labor cases could hamper access to justice for many workers, especially those who cannot afford an attorney. At the same time, the law ensures that individuals who are not lawyers but are bona fide representatives (e.g., union officials, duly authorized company representatives) can meaningfully advocate for the interests of their members or principals.

3. WHO MAY APPEAR AS NON-LAWYER REPRESENTATIVES

3.1. Union Officers or Representatives

Under Article 222 (227) and the implementing rules, union officers or designated union representatives can appear on behalf of union members. This includes union presidents, union secretaries, or any formally designated officer. The policy reason is that union officers are intimately familiar with the facts, issues, and context of the labor dispute, and they have the direct mandate to represent the interests of the rank-and-file.

3.2. Duly Accredited Representatives of Legitimate Labor Organizations

Accredited individuals working in or with legitimate labor organizations can also represent workers. They can be union staff, paralegals, or labor advocates who have been authorized by the organization to appear on its behalf. The key requirement is accreditation by the DOLE or by the labor organization itself, so long as the representation is clearly documented.

3.3. Officers of Employers’ Organizations or Company Representatives

For management or employers, the Labor Code similarly permits representation by corporate officers, human resource managers, or other authorized company representatives. As with labor unions, the requirement is that the representative be properly authorized—normally through a board resolution, Secretary’s Certificate, or a written authorization issued by the company or employer’s organization.

3.4. Self-Representation

Individuals (workers or employers who are natural persons) can always appear in their own behalf, even if they are not lawyers. In small enterprises or in personal claims, the party himself/herself may present his/her position without counsel, guided by the labor arbiter’s or conciliator’s instructions to keep the proceedings orderly and fair.

4. LIMITATIONS AND ETHICAL CONSIDERATIONS

4.1. Prohibition Against Receiving Attorney’s Fees if Not a Lawyer

One key aspect of legal ethics is that only duly licensed attorneys may collect attorney’s fees for legal services. Non-lawyers, even if they appear before the labor tribunals, are generally not allowed to charge attorney’s fees unless specifically authorized by law (and subject to the Supreme Court’s regulations). They may, however, receive reasonable compensation or allowances from their organization for their work, but not in the nature of legal fees that lawyers typically charge.

4.2. Non-Lawyers Are Still Subject to Disciplinary Action

Even though the Supreme Court’s disciplinary authority directly covers members of the Bar, non-lawyers appearing in a quasi-judicial proceeding are still subject to the discipline of the presiding officer or tribunal. Should a non-lawyer engage in unethical conduct, misrepresentation, or any form of malpractice or disrespect of the tribunal, the labor arbiter or the NLRC has the power to:

Censure
Admonish
Exclude or suspend them from further participation in the proceedings

4.3. Prohibition from Practicing Law in Other Forums

The authorization granted to non-lawyers under the Labor Code or under specialized rules does not allow them to practice law in other jurisdictions or forums. Their authority is limited strictly to representation before labor arbiters, the NLRC, voluntary arbitrators, or other labor agencies (e.g., DOLE offices). Once they venture outside those specialized labor-related forums, they could be held liable for unauthorized practice of law.

4.4. Documentary Requirements and Representation Letters

Non-lawyers must present proof of authority to represent the party or organization they purport to speak for. This often takes the form of:

A written authorization from the union president or from the employer (e.g., Secretary’s Certificate, board resolution, letter of authority).
In the case of union representatives, a union identification and a written mandate or certification from the union is usually required.
In the case of management representatives, a secretary’s certificate or resolution from the board or other top corporate officers is generally needed.

5. APPLICATIONS IN VARIOUS LABOR TRIBUNALS AND PROCESSES

5.1. Labor Arbiter Proceedings

Disputes involving illegal dismissal, money claims, or labor standard violations often start at the level of the Labor Arbiter of the NLRC. Non-lawyer representation is common, particularly where unions file consolidated complaints for underpayment, backwages, or reinstatement. The arbiter ensures that any non-lawyer who appears is authorized under Article 222 (227) and that the rights of both parties are respected.

5.2. NLRC Commission (Appellate) Proceedings

When cases are elevated on appeal, the same rules regarding representation apply. Non-lawyers (union reps, company representatives, etc.) may continue to represent their parties before the Commission. However, the Commission can require the engagement of counsel in complex cases, or in instances where the Commission believes that professional legal assistance is necessary to adequately protect a party’s interests.

5.3. Voluntary Arbitration

Labor disputes may be referred to voluntary arbitrators by virtue of collective bargaining agreements (CBAs). Union representatives and company officials often represent their respective sides without the assistance of a lawyer—unless the parties prefer or choose to retain legal counsel. The Voluntary Arbitrator has wide discretion to adopt less formal procedures to expedite the resolution of the dispute.

5.4. SENA (Single Entry Approach)

Under the Single Entry Approach of the DOLE (mandatory conciliation-mediation), parties typically appear in person or through authorized representatives. Non-lawyers can likewise facilitate or assist the workers or employers in discussing settlement possibilities before an assigned conciliator-mediator.

6. JURISPRUDENCE HIGHLIGHTS

There have been Supreme Court decisions clarifying the extent of non-lawyer representation in labor cases:

Royal Plant Workers Union v. Coca-Cola Bottlers Philippines, Inc.
- Reiterated that labor tribunals are not strictly bound by the technical rules of evidence and procedure, thus justifying non-lawyer representation.
Gaco v. NLRC
- Emphasized that while non-lawyers can appear, they must not engage in acts that only licensed lawyers can do, such as filing pleadings in courts of general jurisdiction or holding themselves out as attorneys in other legal matters.
Land Bank of the Philippines v. Panlilio-Luciano
- Clarified that if non-lawyers overstep the scope of authorized representation in administrative or quasi-judicial settings, they can be penalized for unauthorized practice of law.

7. BEST PRACTICES AND PRACTICAL TIPS

Secure Proper Authorization
- Non-lawyers should always have a written authorization to avoid questions of legitimacy and to prove their standing before the arbiter or Commission.
Maintain Professional Conduct
- Even if not lawyers, representatives must adhere to professional ethics, honesty, and respect towards the tribunal, parties, and witnesses.
Limit the Scope of Non-Lawyer Functions
- Non-lawyers should confine their appearance and representation to labor-related proceedings authorized by law. They must not draft legal pleadings for higher courts, issue legal opinions, or hold themselves out as attorneys.
Respect the Right to Counsel
- If the opposing party is represented by a lawyer, union representatives should not be intimidated nor attempt to assume any authority greater than what the Labor Code grants. Both sides should engage in a fair exchange of position papers, evidence, and arguments.
Knowledge of Labor Laws and Rules
- Union representatives, HR officers, and paralegals who regularly appear before labor tribunals should familiarize themselves with labor statutes, rules of procedure, and relevant jurisprudence to effectively represent their principals.

8. SUMMARY

General Rule: Only lawyers admitted to the Philippine Bar can practice law and represent clients in judicial and quasi-judicial proceedings.
Exception for Labor Cases: The Labor Code (Article 222, now Article 227) and NLRC Rules of Procedure permit non-lawyers—such as union officers, accredited labor or employer representatives, and HR/company officers—to appear before labor arbiters, the NLRC, and voluntary arbitrators.
Purpose: To ensure accessibility, expediency, and cost-effective dispute resolution in labor matters, recognizing that many workers cannot afford legal representation and many management-labor disputes are best handled by those familiar with the workplace and the specific circumstances.
Limitations: Non-lawyers may not charge attorney’s fees, must demonstrate proper authority, must observe ethical standards, and must not exceed the scope of this limited permission by practicing law in other forums or contexts.
Jurisprudence: The Supreme Court supports the informality of labor proceedings but maintains strict oversight. Should non-lawyers stray into unauthorized practice, they could face sanctions.

In essence, non-lawyers may validly represent parties in labor proceedings (arbitration, NLRC cases, conciliation-mediation, etc.) provided that they are duly authorized, and they comply with all pertinent rules and regulations designed to protect the integrity of the legal process and the best interests of the litigants. This framework balances the need for competent representation in labor disputes with the Supreme Court’s constitutional power to regulate the practice of law.