4/10/2020
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Petitioners contended in their petition that:
THE NLRC GRAVELY ABUSED ITS DISCRETION AND/OR GRAVELY ERRED IN
DISMISSING PETITIONERS’ APPEAL AND MOTION FOR RECONSIDERATION
WHEN IT REFUSED TO TAKE COGNIZANCE OF PETITIONERS’ APPEAL
DESPITE BEING EMPOWERED TO DO SO UNDER THE LAW.[6]
On December 21, 2001, the CA dismissed the petition for certiorari and mandamus,
holding that the inclusion and deletion of overseas contract workers from the POEA
blacklist/watchlist were within the exclusive jurisdiction of the POEA to the exclusion of
the NLRC, and that the NLRC had no appellate jurisdiction to review the matter, viz:
Section 10 of RA 8042, otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, provides that:
“Money Claims – Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and exclusive
jurisdiction to hear and decide, within ninety (90) calendar days
after the filing of the complaint, the claims arising out of an
employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of
damages. xxxx
Likewise, the Rules and Regulations implementing RA 8042 reiterate the
jurisdiction of POEA, thus:
“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 of 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.”
Further, Sections 6 and 7 Rule VII, Book VII of the POEA Rules & Regulations
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55060
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