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SEC for submission of the present dispute to voluntary arbitration.
Consistent with this finding, Fernandez’s contention — that his complaint for disability
benefits is a money claim that falls within the original and exclusive jurisdiction of the
labor arbiter under Section 10 of R.A. No. 8042 — is untenable. We likewise reject his
argument that he never referred his claim to the grievance machinery (so that no
unresolved grievance exists as required under Article 261 of the Labor Code), and that
the parties to the case are not the union and the employer.[30] Needless to state, no
such distinction exists in the parties’ CBA and the POEA-SEC.
It bears stressing at this point that we are upholding the jurisdiction of the voluntary
arbitrator or panel of voluntary arbitrators over the present dispute, not only because
of the clear language of the parties’ CBA on the matter; more importantly, we so
uphold the voluntary arbitrator’s jurisdiction, in recognition of the State’s express
preference for voluntary modes of dispute settlement, such as conciliation and
voluntary arbitration as expressed in the Constitution, the law and the rules.
In this light, we see no need to further consider the petitioners’ submission regarding
the IRR of the Migrant Workers and Overseas Filipinos Act of 1995, as amended by R.A.
No. 10022, except to note that the IRR lends further support to our ruling.
In closing, we quote with approval a most recent Court pronouncement on the same
issue, thus –
It is settled that when the parties have validly agreed on a
procedure for resolving grievances and to submit a dispute to
voluntary arbitration then that procedure should be strictly
observed.[31] (emphasis ours)
WHEREFORE, premises considered, the petition is GRANTED. The assailed decision
and resolution of the Court of Appeals are SET ASIDE. Teodorico Fernandez’s disability
claim is REFERRED to the Grievance Resolution Committee of the parties’ collective
bargaining agreement and/or the Mandatory Arbitration Committee, if warranted.
SO ORDERED.
Carpio, (Chairperson), Del Castillo, Perez, and Perlas-Bernabe, JJ., concur.
[1] Rollo, pp. 33-52; filed pursuant to Rule 45 of the Rules of Court.
[2] Id. at
61-73; penned by Associate Justice Mariflor P. Punzalan-Castillo, and
concurred in by Associates Justices Josefina Guevara-Salonga and Franchito N.
Diamante.
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