1. Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for reinstatement, those cases that workers may file involving wage, rates of pay, hours of work and other
terms and conditions of employment
4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims, arising from employeremployee relations, including those of persons in domestic or household service, involving an amount of exceeding five thousand pesos
(P5,000.00) regardless of whether accompanied with a claim for reinstatement.
(b) The commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
x x x x x x x x x."
More specifically, Section 10 of RA 8042 reads in part:
"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 the 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 x x x x x x"
Based on the foregoing provisions, labor arbiters clearly have original and exclusive jurisdiction over claims arising from employer-employee relations,
including termination disputes involving all workers, among whom are overseas Filipino workers (OFW).15
We are not unmindful of the fact that respondent was directly hired, while on a tourist status in Singapore, by the PNB branch in that city state. Prior to
employing respondent, petitioner had to obtain an employment pass for her from the Singapore Ministry of Manpower. Securing the pass was a
regulatory requirement pursuant to the immigration regulations of that country. 16
Similarly, the Philippine government requires non-Filipinos working in the country to first obtain a local work permit in order to be legally employed here.
That permit, however, does not automatically mean that the non-citizen is thereby bound by local laws only, as averred by petitioner. It does not at all
imply a waiver of one’s national laws on labor. Absent any clear and convincing evidence to the contrary, such permit simply means that its holder has
a legal status as a worker in the issuing country.
1avv phil.zw+
Noteworthy is the fact that respondent likewise applied for and secured an Overseas Employment Certificate from the POEA through the Philippine
Embassy in Singapore. The Certificate, issued on March 8, 1999, declared her a bona fide contract worker for Singapore. Under Philippine law, this
document authorized her working status in a foreign country and entitled her to all benefits and processes under our statutes. Thus, even
assuming arguendothat she was considered at the start of her employment as a "direct hire" governed by and subject to the laws, common practices
and customs prevailing in Singapore17 she subsequently became a contract worker or an OFW who was covered by Philippine labor laws and policies
upon certification by the POEA. At the time her employment was illegally terminated, she already possessed the POEA employment Certificate.
Moreover, petitioner admits that it is a Philippine corporation doing business through a branch office in Singapore.18 Significantly, respondent’s
employment by the Singapore branch office had to be approved by Benjamin P. Palma Gil,19 the president of the bank whose principal offices were in
Manila. This circumstance militates against petitioner’s contention that respondent was "locally hired"; and totally "governed by and subject to the laws,
common practices and customs" of Singapore, not of the Philippines. Instead, with more reason does this fact reinforce the presumption that
respondent falls under the legal definition of migrant worker, in this case one deployed in Singapore. Hence, petitioner cannot escape the application of
Philippine laws or the jurisdiction of the NLRC and the labor arbiter.
In any event, we recall the following policy pronouncement of the Court in Royal Crown Internationale v. NLRC:20
"x x x. Whether employed locally or overseas, all Filipino workers enjoy the protective mantle of Philippine labor and social legislation, contract
stipulations to the contrary notwithstanding. This pronouncement is in keeping with the basic public policy of the State to afford protection to labor,
promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and
employers. For the State assures the basic rights of all workers to self-organization, collective bargaining, security of tenure, and just and humane
conditions of work [Article 3 of the Labor Code of the Philippines; See also Section 18, Article II and Section 3, Article XIII, 1987 Constitution]. This
ruling is likewise rendered imperative by Article 17 of the Civil Code which states that laws ‘which have for their object public order, public policy and
good customs shall not be rendered ineffective by laws or judgments promulgated, or by determination or conventions agreed upon in a foreign
country.’"
1awphi1.net
Second Issue: