8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly [33] See Cubero v. Laguna West Multi-Purpose Cooperative, Inc., 538 Phil. 899, 905 (2006) wherein the Court stated that original jurisdiction refers to the power "to take cognizance of a cause at its inception, try it and pass judgment upon the law and facts" while exclusive jurisdiction means that such power is "possessed to the exclusion of others." [34] See Spouses Santiago v. Northbay Knitting, Inc., G.R. No. 217296, October 11, 2017. See also Metromedia Times Corporation v. Pastorin, 503 Phil. 288, 304 (2005) citing Lozon v. NLRC, 310 Phil. 1, 13 (1995), wherein the Court stated thus: " [Jurisdiction over the subject matter] is conferred by law and not within the courts, let alone the parties; to themselves determine or conveniently set aside. x x x" [35] See Office of the Court Administrator v. CA, 428 Phil. 696 (2002). The Court held thus: "[t]he well-entrenched rule is that jurisdiction over the subject matter is determined exclusively by the Constitution and the law. It cannot be conferred by the voluntary act or agreement of the parties; it cannot be acquired through, or waived or enlarged or diminished by, their act or omission; neither is it conferred by acquiescence of the court. x x x" (Id. at 701-702.) [36] Section 1, Rule 9 of the Rules of Court provides that "[d]efenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. x x x." See also Maxicare PCIB Cigna Healthcare v. Contreras, 702 Phil. 688, 696 (2013) wherein the Court held that "[a]s a rule, a party who deliberately adopts a certain theory upon which the case is tried and decided by the lower court, will not be permitted to change theory on appeal. Points of law, theories, issues and arguments not brought to the attention of the lower court need not be, and ordinarily will not be, considered by a reviewing court, as these cannot be raised for the first time at such late stage. It would be unfair to the adverse party who would have no opportunity to present further evidence material to the new theory, which it could have done had it been aware of it at the time of the hearing before the trial court. x x x" [37] Rollo, pp. 31-32. [38] Article 219 (formerly 212) (n) of the Labor Code reads: Article 219. [212] Definitions. - x x x x (n) "Voluntary Arbitrator" means any person accredited by the Board as such, or any person named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator, or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement, or any official that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute." [39] The jurisdiction of the Voluntary Arbitrator is contained in Articles 274 and 275 (formerly 261 and 262) of the Labor Code, to wit: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64949 8/11