4/10/2020
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collective bargaining agreement shall submit the claim or dispute to
the original and exclusive jurisdiction of the voluntary arbitrator or
panel of arbitrators. If the parties are not covered by a collective
bargaining agreement, the parties may at their option submit the claim or
dispute to either the original and exclusive jurisdiction of the National Labor
Relations Commission (NLRC), pursuant to Republic Act (RA) 8042,
otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995
or to the original and exclusive jurisdiction of the voluntary arbitrator or
panel of arbitrators. If there is no provision as to the voluntary arbitrators to
be appointed by the parties, the same shall be appointed from the
accredited voluntary arbitrators of the National Conciliation and Mediation
Board of the Department of Labor and Employment.
The Philippine Overseas Employment Administration (POEA) shall exercise
original and exclusive jurisdiction to hear and decide disciplinary action on
cases, which are administrative in character, involving or arising out of
violations of recruitment laws, rules and regulations involving employers,
principals, contracting partners and Filipino seafarers. (Emphasis supplied)
It is clear from the above that the interpretation of the DOLE, in consultation with their
counterparts in the respective committees of the Senate and the House of
Representatives, as well as the DFA and the POEA is that with respect to disputes
involving claims of Filipino seafarers wherein the parties are covered by a collective
bargaining agreement, the dispute or claim should be submitted to the jurisdiction of a
voluntary arbitrator or panel of arbitrators. It is only in the absence of a collective
bargaining agreement that parties may opt to submit the dispute to either the NLRC or
to voluntary arbitration.
It is elementary that rules and regulations issued by
administrative bodies to interpret the law which they are entrusted to enforce, have the
force of law, and are entitled to great respect.[8] Such rules and regulations partake of
the nature of a statute and are just as binding as if they have been written in the
statute itself.[9] In the instant case, the Court finds no cogent reason to depart from
this rule.
The above interpretation of the DOLE, DFA and POEA is also in consonance with the
policy of the state to promote voluntary arbitration as a mode of settling labor disputes.
[10]
No less than the Philippine Constitution provides, under the third paragraph, Section 3,
Article XIII, thereof that “[t]he State shall promote the principle of shared responsibility
between workers and employers and the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their mutual compliance therewith to
foster industrial peace.”
Consistent with this constitutional provision, Article 211 of the Labor Code provides the
declared policy of the State “[t]o promote and emphasize the primacy of free collective
bargaining and negotiations, including voluntary arbitration, mediation and conciliation,
as modes of settling labor or industrial disputes.”
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/54854
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