Philippine Bar review · Question

Practice question: Mandatory Conciliation-Mediation (RA 10396)

Multiple Choice Hard

Practice question

The responding party fails to appear at two consecutive scheduled SEnA conferences despite due notice. The requesting party asks for referral of unresolved issues to the office with jurisdiction. The respondent says its continued absence can force the RFA to remain pending indefinitely. Which is correct under RuleVII?
  1. Absence permanently prevents referral.
  2. Only a third consecutive absence can ever matter.
  3. The requesting party must withdraw all claims.
  4. Nonappearance at two consecutive conferences despite due notice is an express ground for referral of unresolved issues.
  5. The SEADO must automatically convict the absent party.

Legal references

  • https://ncmb.gov.ph/wp-content/uploads/2026/02/DO249-.pdf — DOLE Department Order249-25, RulesI–II, IV Section4, V and VII.
  • https://lawphil.net/statutes/repacts/ra2013/ra_10396_2013.html — Republic Act10396, Section1; current Labor Code Article234 [228].

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