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in this action', cannot be sustained though. We agree with the respondentsappellants' position that there is really no basis, in fact and in law, to make
individual respondent-appellant liable both by way of official capacity as
officer and in his individual capacity. Worded differently, since the corporate
employer has already been specified in the case, his inclusion in the caption
of the case is therefore immaterial.
WHEREFORE, premises considered, the appealed Decision is hereby,
AFFIRMED with MODIFICATION only, insofar as Our order for individual
respondent-appellant to be deleted from the dispositive portion.
SO ORDERED.[34]
Career and Columbian moved to reconsider, but in a July 31, 2008 Resolution,[35] the
NLRC held its ground.
Ruling of the Court of Appeals
Career and Columbian went up to the CA on certiorari. On May 22, 2012, the CA issued
the assailed Decision, decreeing as follows:
As gleaned from the above-cited issues, petitioners anchor this Petition on
procedural and substantive grounds. Anent the procedural matter,
petitioners question the assumption of jurisdiction by the Labor Arbiter in
this case on the supposition mat the case should have been lodged with the
Voluntary Arbitrator, in accordance with Section 29 of POEA Standard
Contract. As to substantive matters, on the other hand, petitioners bewail
the common decision of the Labor Arbiter and the NLRC to grant disability
benefits and other monetary awards to private respondent on the theory
that their decisions are bereft of factual basis and were done in utter
disregard of evidence as well as applicable laws and jurisprudence.
Resolving the issue of jurisdiction, We are of the considered view that
petitioners cannot fault the Labor Arbiter for taking cognizance of this case.
Section 29 of the POEA Standard Contract is explicit that the voluntary
arbitrator or panel of arbitrators have jurisdiction only when the claim or
dispute arises from employment. In the instant case, the Labor Arbiter was
correct that there was no longer an employer-employee relationship existing
between the parties when private respondent filed the Complaint.
Consequently, We agree with the Labor Arbiter that Section 31 of the POEA
Standard Contract, and not Section 29 thereof, should apply in this case. As
said provision states 'SECTION 31. APPLICABLE LAW
Any unresolved dispute, claim or grievance arising out of or in
connection with this Contract, including the annexes thereof, shall
be governed by the laws of the Republic of the Philippines,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469
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