8/20/2020
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phrase "all disputes" is not sufficient to divest the LA of its jurisdiction over termination
disputes. In the same manner, the phrase "all claims and complaints" in respondents'
employment contracts does not remove the LA's jurisdiction to decide whether
respondents were legally terminated.[29]
Hence, AICI filed this petition.
The Issues Before the Court
The issues before the Court are whether or not: (a) the LA correctly took cognizance of
this case; and (b) AICI is liable for respondents' illegal dismissal.
The Court's Ruling
Preliminarily, it bears stressing that AICI does not assail the CA's ruling of illegal
dismissal but instead, argues that the LA incorrectly took cognizance of the case at the
onset. It insists that based on the dispute settlement provision in respondents'
employment contracts, the "primary jurisdiction" to decide this case is with the "[Labor]
Attache or any [authorized] representative of the Philippine[] Embassy nearest the site
of employment" (designated person).[30]
After a judicious review of the case, the Court denies the petition.
Section 10 of Republic Act No. (RA) 8042,[31] as amended by RA 10022,[32] explicitly
provides that LAs have original and exclusive[33] jurisdiction over claims arising
out of employer-employee relations or by virtue of any law or contract
involving Filipino workers for overseas deployment, as in this case. The relevant
portion of the provision reads:
Section 10. Money Claims. – Notwithstanding any provision of law to
the contrary, the Labor Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and exclusive jurisdiction
to hear and decide, within ninety (90) calendar days after filing of the
complaint, the claims arising out of an employer-employee relationship or
by virtue of any law or contract involving Filipino workers for overseas
deployment including claims for actual, moral, exemplary and other forms
of damages. x x x (Emphases supplied)
Settled is the rule that jurisdiction over the subject matter is conferred by law[34] and
cannot be acquired or waived by agreement of the parties.[35] As herein applied, the
dispute settlement provision in respondents' employment contracts cannot divest the
LA of its jurisdiction over the illegal dismissal case. Hence, it correctly took cognizance
of the complaint filed by respondents before it.
Moreover, issues not raised in the previous proceedings cannot be raised for the first
time at a late stage. In this case, the Court observes that AICI failed to raise the issue
of respondents' supposed non-compliance with the dispute settlement provision before
the LA, as well as before the NLRC. In fact, AICI only mentioned this issue for the first
time before the CA in its motion for reconsideration. Therefore, such argument or
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