4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly The petitioners moved for reconsideration of the CA decision, but the appellate court denied the motion, reiterating its earlier pronouncement that on the ground alone of the petitioners’ wrong choice of remedy, the petition must fail. The Petition The petitioners are now before this Court praying for a reversal of the CA judgment on the following grounds: 1. The CA committed a reversible error in disregarding the Omnibus Implementing Rules and Regulations (IRR) of the Migrant Workers and Overseas Filipinos Act of 1995, [12] as amended by R.A. No. 10022,[13] mandating that “For OFWs with collective bargaining agreements, the case shall be submitted for voluntary arbitration in accordance with Articles 261 and 262 of the Labor Code.”[14] The petitioners bewail the CA’s rejection of the above argument for the reason that the remedy they pursued was inconsistent with the 2005 Revised Rules of Procedure of the NLRC. Citing Municipality of Sta. Fe v. Municipality of Aritao,[15] they argue that the “dismissal of a case for lack of jurisdiction may be raised at any stage of the proceedings.” In any event, they posit that the IRR of R.A. No. 10022 is in the nature of an adjective or procedural law which must be given retroactive effect and which should have been applied by the CA in resolving the present case. 2. The CA committed a reversible error in ruling that the AMOSUP-VELA CBA does not contain unequivocal wordings for the mandatory referral of Fernandez’s claim to voluntary arbitration. The petitioners assail the CA’s failure to explain the basis “for ruling that no explicit or unequivocal wordings appeared on said CBA for the mandatory referral of the disability claim to arbitration.”[16] They surmise that the CA construed the phrase “either party may refer the case to a MANDATORY ARBITRATION COMMITTEE” under Section 14.7(a) of the CBA as merely permissive and not mandatory because of the use of the word “may.” They contend that notwithstanding the use of the word “may,” the parties unequivocally and unmistakably agreed to refer the present disability claim to mandatory arbitration. 3. The CA committed a reversible error in disregarding the NLRC memorandum prescribing the appropriate action for complaints and/or proceedings which were initially processed in the grievance machinery of existing CBAs. In their motion for reconsideration with the CA, the petitioners manifested that the appellate court’s assailed decision had been modified by the following directive of the NLRC: As one of the measures being adopted by our agency in response to the Platform and Policy Pronouncements on Labor Employment, you are hereby directed to immediately dismiss the complaint and/or terminate proceedings elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55239 3/11

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