4/10/2020
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Respondents counter that the appeal should have been filed with the Secretary of Labor
who had exclusive jurisdiction to review cases involving administrative matters decided
by the POEA.
Ruling
The petition for review lacks merit.
Petitioners’ adamant insistence that the NLRC should have appellate authority over the
POEA’s decision in the disciplinary action because their complaint against respondents
was filed in 1993 was unwarranted. Although Republic Act No. 8042, through its
Section 10, transferred the original and exclusive jurisdiction to hear and decide money
claims involving overseas Filipino workers from the POEA to the Labor Arbiters, the law
did not remove from the POEA the original and exclusive jurisdiction to hear and decide
all disciplinary action cases and other special cases administrative in character involving
such workers. The obvious intent of Republic Act No. 8042 was to have the POEA focus
its efforts in resolving all administrative matters affecting and involving such workers.
This intent was even expressly recognized in the Omnibus Rules and Regulations
Implementing the Migrant Workers and Overseas Filipinos Act of 1995 promulgated on
February 29, 1996, viz:
Section 28. Jurisdiction of the POEA. – The POEA shall exercise original and
exclusive jurisdiction to hear and decide:
(a) all cases, which are administrative in character, involving or arising out
of violations or rules and regulations relating to licensing and registration of
recruitment and employment agencies or entities; and
(b) disciplinary action cases and other special cases, which are
administrative in character, involving employers, principals,
contracting partners and Filipino migrant workers.
Section 29. Venue – The cases mentioned in Section 28(a) of this Rule, may
be filed with the POEA Adjudication Office or the DOLE/POEA regional office
of the place where the complainant applied or was recruited, at the option of
the complainant. The office with which the complaint was first filed shall
take cognizance of the case.
Disciplinary action cases and other special cases, as mentioned in the
preceding Section, shall be filed with the POEA Adjudication Office.
It is clear to us, therefore, that the NLRC had no appellate jurisdiction to review the
decision of the POEA in disciplinary cases involving overseas contract workers.
Petitioners’ position that Republic Act No. 8042 should not be applied retroactively to
the review of the POEA’s decision dismissing their complaint against respondents has
no support in jurisprudence. Although, as a rule, all laws are prospective in application
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