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and referred the case to the Labor Arbiter for proper proceedings, in view of the
promulgation of Republic Act (R.A.) 6715 which divested the Regional Directors of the
power to hear money claims. It bears emphasis that the Court accorded E.O. No. 111
and R.A. 6715 a retroactive application because as curative statutes, they fall under the
exceptions to the rule on prospectivity of laws.
E.O. No.111, amended Article 217 of the Labor Code to widen the workers' access to
the government for redress of grievances by giving the Regional Directors and Labor
Arbiters concurrent jurisdiction over cases involving money claims. This amendment,
however, created a situation where the jurisdiction of the Regional Directors and the
Labor Arbiters overlapped. As a remedy, R.A. 6715 further amended Article 217 by
delineating their respective jurisdictions. Under R.A. 6715, the Regional Director has
exclusive original jurisdiction over cases involving money claims provided: (1) the claim
is presented by an employer or person employed in domestic or household service, or
househelper under the Code; (2) the claimant, no longer being employed, does not
seek reinstatement; and (3) the aggregate money claim of the employee or
househelper does not exceed P5,000.00. All other cases are within the exclusive and
original jurisdiction of the Labor Arbiter. E.O. No. 111 and R.A. 6715 are therefore
curative statutes. A curative statute is enacted to cure defects in a prior law or to
validate legal proceedings, instruments or acts of public authorities which would
otherwise be void for want of conformity with certain existing legal requirements.
The law at bar, E.O. No. 797, is not a curative statute. It was not intended to remedy
any defect in the law. It created the POEA to assume the functions of the Overseas
Employment Development Board, the National Seamen Board and the overseas
employment functions of the Bureau of Employment Services. Accordingly, it gave the
POEA "original and exclusive jurisdiction over all cases, including money claims,
involving employer-employee relations arising out of or by virtue of any law or contract
involving Filipino workers for overseas employment, including seamen."[17] The rule on
prospectivity of laws should therefore apply to E.O. No. 797. It should not affect
jurisdiction over cases filed prior to its effectivity.
Our ruling in Philippine-Singapore Ports Corp. vs. NLRC[18] is more apt to the case
at bar. In this case, PSPC hired Jardin to work in Saudi Arabia. Jardin filed a complaint
against PSPC for illegal dismissal and recovery of backwages on January 31, 1979 with
the Labor Arbiter. PSPC questioned the jurisdiction of the Labor Arbiter because at that
time, the power to hear and decide cases involving overseas workers was vested in the
Bureau of Employment Services. We held:
"When Jardin filed the complaint for illegal dismissal on January 31, 1979,
Art. 217 (5) of the Labor Code provided that Labor Arbiters and the NLRC
shall have ‘exclusive jurisdiction to hear and decide’ all cases arising from
employer-employee relations ‘unless expressly excluded by this Code.’ At
that time Art. 15 of the same Code had been amended by P.D. No. 1412
which took effect on June 9, 1978. The pertinent provision of the said
presidential decree states:
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