It is the character of the principal relief sought that appears essential in this
connection. Where such principal relief is to be granted under labor legislation or a
collective bargaining agreement, the case should fall within the jurisdiction of the
Labor Arbiter and the NLRC, even though a claim for damages might be asserted as
an incident to such claim.
[22]
The labor arbiter found private respondents to be grossly negligent. He ruled that
Captain Tolosa, who died at age 58, could expect to live up to 65 years and to have an
earning capacity of US$176,400.
It must be noted that a workers loss of earning capacity and blacklisting are not to
be equated with wages, overtime compensation or separation pay, and other labor
benefits that are generally cognized in labor disputes. The loss of earning capacity is a
relief or claim resulting from a quasi delict or a similar cause within the realm of civil law.
Claims for damages under paragraph 4 of Article 217 must have a reasonable
causal connection with any of the claims provided for in the article in order to be
cognizable by the labor arbiter. Only if there is such a connection with the other claims
can the claim for damages be considered as arising from employer-employee
relations.[23] In the present case, petitioners claim for damages is not related to any other
claim under Article 217, other labor statutes, or collective bargaining agreements.
Petitioner cannot anchor her claim for damages to Article 161 of the Labor Code,
which does not grant or specify a claim or relief. This provision is only a safety and
health standard under Book IV of the same Code. The enforcement of this labor
standard rests with the labor secretary.[24] Thus, claims for an employers violation thereof
are beyond the jurisdiction of the labor arbiter. In other words, petitioner cannot enforce
the labor standard provided for in Article 161 by suing for damages before the labor
arbiter.
It is not the NLRC but the regular courts that have jurisdiction over actions for
damages, in which the employer-employee relation is merely incidental, and in which
the cause of action proceeds from a different source of obligation such as a tort. [25] Since
petitioners claim for damages is predicated on a quasi delict or tort that has no
reasonable causal connection with any of the claims provided for in Article 217, other
labor statutes, or collective bargaining agreements, jurisdiction over the action lies with
the regular courts[26] -- not with the NLRC or the labor arbiters.
Second Issue:
Finality of the Monetary Award
Petitioner contends that the labor arbiters monetary award has already reached
finality, since private respondents were not able to file a timely appeal before the NLRC.
This argument cannot be passed upon in this appeal, because it was not raised in
the tribunals a quo. Well-settled is the rule that issues not raised below cannot be raised
for the first time on appeal. Thus, points of law, theories, and arguments not brought to