32 San Jose VS NLRC

2/11/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 294
336 SUPREME COURT REPORTS ANNOTATED

San Jose vs. National Labor Relations Commission
*
G.R. No. 121227. August 17, 1998.
VICENTE SAN JOSE, petitioner, vs. NATIONAL LABOR

RELATIONS COMMISSION and OCEAN TERMINAL SERVICES,
INC., respondents.
Labor Law; Actions; Certiorari; Pleadings and Practice; Motions for

Reconsideration; Attorneys; Labor law practitioners and all lawyers, for that
matter, should be fully conversant with the requirements for the institution
of certiorari proceedings under Rule 65 of the Revised Rules of Court; A
party cannot and should not rely on the liberality of the Supreme Court
simply because he is a working man.—Labor law practitioners and all
lawyers, for that matter, should be fully conversant with the requirements
for the institution of certiorari proceedings under Rule 65 of the Revised
Rules of Court. For instance, it is necessary that a Motion for
Reconsideration of the Decision of the National Labor Relations
Commission must first be resorted to. The ruling in Corazon Jamer v.
National Labor Relations Commission, G.R. No. 112630, September 5,
1997, comes to the fore and should be well understood and observed. An
ordinary allegation—“. . . and there is no appeal, nor any plain, speedy, and
adequate remedy in the ordinary course of law” (Rule 65, Sec. 1, Revised
Rules of Court) is not a foolproof substitute for a Motion for
Reconsideration, absence of which can be fatal to a Petition for Certiorari.
Petitioner cannot and should not rely on the liberality of the Court simply
because he is a working man.
Same; Labor Arbiters; Judgments; Labor Arbiters should exert all

efforts to cite statutory provisions and/or judicial decisions to buttress their
dispositions—an Arbiter cannot rely on simplistic statements,
generalizations, and assumptions for these are not substitutes for reasoned
judgment.—Labor Arbiters should exert all efforts to cite statutory
provisions and/or judicial decisions to buttress their dispositions. An
Arbiter cannot rely on simplistic statements, generalizations, and
assumptions. These are not substitutes for reasoned judgment. Had the
Labor Arbiter exerted more research efforts, support for the Decision could
have been found in pertinent provisions of the Labor Code, its
Implementing Rules, and germane decisions of the Supreme Court.
___________________
* THIRD DIVISION.
337
http://www.central.com.ph/sfsreader/session/00000168da6717d56e9467bd003600fb002c009e/t/?o=False 1/14
VOL. 294, AUGUST 17, 1998 337
Same; Same; Same; Decisions of the Labor Arbiters, the National Labor
Relations Commission, and the Supreme Court serve not only to adjudicate
disputes, but also as an educational tool to practitioners, executives, labor
leaders and law students.—This is not an admonition but rather, advice
and a critique to stress that both have obligations to the Courts and
students of the law. Decisions of the Labor Arbiters, the National Labor
Relations Commission, and the Supreme Court serve not only to adjudicate
disputes, but also as an educational tool to practitioners, executives, labor
leaders and law students. They all have a keen interest in methods of
analysis and the reasoning processes employed in labor dispute
adjudication and resolution. In fact, decisions rise or fall on the basis of the
analysis and reasoning processes of decision makers or adjudicators.
Same; Same; Collective Bargaining Agreements; Jurisdiction; The

original and exclusive jurisdiction of the Labor Arbiter under Article 217 (c),
for money claims is limited only to those arising from statutes or contracts
other than a Collective Bargaining Agreement.—Parenthetically, the
original and exclusive jurisdiction of the Labor Arbiter under Article 217
(c), for money claims is limited only to those arising from statutes or
contracts other than a Collective Bargaining Agreement. The Voluntary
Arbitrator or Panel of Voluntary Arbitrators will have original and
exclusive jurisdiction over money claims “arising from the interpretation or
implementation of the Collective Bargaining Agreement and, those arising
from the interpretation or enforcement of company personnel policies,”
under Article 261.
Same; Same; Same; Same; The labor disputes referred to in Article 262
of the Labor Code can include all those disputes mentioned in Article 217
over which the Labor Arbiter has original and exclusive jurisdiction.—
Voluntary Arbitrators or Panel of Voluntary Arbitrators, however, can
exercise jurisdiction over any and all disputes between an employer and a
union and/or individual worker as provided for in Article 262. “Art. 262.
Jurisdiction over other labor disputes.—The voluntary arbitrator or panel
of voluntary arbitrators, upon agreement of the parties, shall also hear and
decide all other labor disputes including unfair labor practices and
bargaining deadlocks.” It must be emphasized that the jurisdiction of the
Voluntary Arbitrator or Panel of Voluntary Arbitrators under Article 262
must be voluntarily conferred upon by both labor and management. The
labor disputes referred to in the same Article 262 can include all
338
those disputes mentioned in Article 217 over which the Labor Arbiter has
original and exclusive jurisdiction.
Same; Same; Same; Same; Retirement; A Labor Arbiter has no

jurisdiction to hear and decide a party’s money claim-underpayment of
retirement benefits where the controversy between the parties involves an

issue “arising from the interpretation or implementation” of a provision of
the collective bargaining agreement.—As shown in the above contextual and
wholistic analysis of Articles 217, 261, and 262 of the Labor Code, the
National Labor Relations Commission correctly ruled that the Labor
Arbiter had no jurisdiction to hear and decide petitioner’s money claim-
underpayment of retirement benefits, as the controversy between the parties
involved an issue “arising from the interpretation or implementation” of a
provision of the collective bargaining agreement. The Voluntary Arbitrator
or Panel of Voluntary Arbitrators has original and exclusive jurisdiction
over the controversy under Article 261 of the Labor Code, and not the
Labor Arbiter.
Same; Same; Same; Same; Same; It is unrealistic to expect a lowly

stevedore to know what reports his employer submits to the Employee’s
Compensation Commission under Book IV, Health, Safety and Welfare
Benefits, Title II, Employees Compensation and State Insurance Fund, of
the Labor Code, simply because the insurance fund is solely funded by the
employer and the rate of employer’s contribution varies according to time
and actuarial computations.—The simple statement of the Labor Arbiter
that “we cannot sustain a computation of length of service based on ECC
contribution records,” was not amply explained by the Labor Arbiter;
however, there is legal and factual basis for the same. It is unrealistic to
expect a lowly stevedore to know what reports his employer submits to the
Employee’s Compensation Commission under Book IV, Health, Safety and
Welfare Benefits, Title II, Employees Compensation and State Insurance
Fund, of the Labor Code, simply because the insurance fund is solely
funded by the employer and the rate of employer’s contribution varies
according to time and actuarial computations. (See Articles 183-184; Labor
Code). The worker has no ready access to this employer’s record. In fact, it
is farthest from his mind to inquire into the amount of employer’s
contribution, much less whether the employer remits the contributions. The
worker is at all times entitled to benefits upon the occurrence of the defined
contin-
339
VOL. 294, AUGUST 17, 1998 339
gency even when the employer fails to remit the contributions. (See Article
196 (b), Labor Code).
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.
The facts are stated in the opinion of the Court.

Carlos L. Galarrita for petitioner.
Luis Tan for private respondent.
PURISIMA, J.:
Before the Court is a Petition for Certiorari seeking to annul a

Decision of the National Labor Relations Commission dated April
20, 1995 in NLRC-NCR-CA-No. 00671-94 which reversed, on
jurisdictional ground, a Decision of the Labor Arbiter dated
January 19, 1994 in NLRC-NCR Case No. 0003-02101-93 a case for

a money claim—underpayment of retirement benefit. Records do not
show that petitioner presented a Motion for Reconsideration of
subject Decision of the National Labor Relations Commission,
which motion is, generally required before the filing of Petition for
Certiorari.
While the rule prescribing the requisite motion for
reconsideration is not absolute and recognizes some exceptions,
there is no showing that the case at bar constitutes an exception.
Nevertheless, we gave due course to the petition to enable the Court
to reiterate and clarify the jurisdictional boundaries between Labor
Arbiters and Voluntary Arbitrator or Panel of Voluntary
Arbitrators over money claims, and to render substantial and
speedy justice to subject aged stevedore retiree who first presented
his claim for retirement benefit in April 1991, or seven years ago.
Labor law practitioners and all lawyers, for that matter, should
be fully conversant with the requirements for the institution of
certiorari proceedings under Rule 65 of the Revised Rules of Court.
For instance, it is necessary that a Motion for Reconsideration of
the Decision of the National Labor Relations Commission must first
be resorted to. The ruling in
340

Corazon Jamer v. National Labor Relations Commission, G.R. No.

112630, September 5, 1997, comes to the fore and should be well
understood and observed. An ordinary allegation—“. . . and there is
no appeal, nor any plain, speedy, and adequate remedy in the
ordinary course of law” (Rule 65, Sec. 1, Revised Rules of Court) is
not a foolproof substitute for a Motion for Reconsideration, absence
of which can be fatal to a Petition for Certiorari. Petitioner cannot
and should not rely on the liberality of the Court simply because he
is a working man.
In the Jamer case, this court said:
“. . . This premature action of petitioners constitutes a fatal infirmity as

ruled in a long line of decisions, most recently is the case of Building Care
Corporation v. National Labor Relations Commission—
The filing of such motion is intended to afford public respondent an
opportunity to correct any actual or fancied error attributed to it by way of
a re-examination of the legal and factual aspects of the case. Petitioner’s
inaction or negligence under the circumstances is tantamount to a
deprivation of the right and opportunity of the respondent commission to
cleanse itself of an error unwittingly committed or to vindicate itself of an
act unfairly imputed . . .
Likewise, a motion for reconsideration is an adequate remedy; hence
certiorari proceedings, as in this case, will not prosper.”
As stated in the Decision of the Labor Arbiter in NLRCNCR-Case

No. 00-03-0201-93, dated January 19, 1994, the facts of this case
are undisputed. The Labor Arbiter reported, thus:
“Complainant, in his position paper (Record, pages 11 to 14) states that he

was hired sometime in July 1980 as a stevedore continuously until he was
advised in April 1991 to retire from service considering that he already

reached 65 years old (sic); that accordingly, he did apply for retirement and
was paid P3,156.39 for retirement pay . . .” (Rollo, pp. 15, 26-27, 58-59).
341
VOL. 294, AUGUST 17, 1998 341

Decision of the Labor Arbiter in NLRC-NCR

Case No. 00-03-02101-93, January 9, 1994
(Rollo, pp. 15-17, at pp. 16-17).
The Labor Arbiter decided the case solely on the merits of the
complaint. Nowhere in the Decision is made mention of or reference
to the issue of jurisdiction of the Labor Arbiter (Rollo, pp. 15-17).
But the issue of jurisdiction is the bedrock of the Petition because,
as earlier intimated, the Decision of the National Labor Relations
Commission, hereinbelow quoted, reversed the Labor Arbiter’s
Decision on the issue of jurisdiction. Reads subject Decision of the
Labor Arbiter:
“Respondents, in their Reply to complainant’s position paper, allege

(Record, pages 18 to 21) that complainant’s latest basic salary was P120.34
per day; that he only worked on rotation basis and not seven days a week
due to numerous stevedores who can not all be given assignments at the
same time; that all stevedores only were paid every time they were
assigned or actually performed stevedoring; that the computation used in
arriving at the amount of P3,156.30 was the same computation applied to
the other stevedores; that the use of divisor 303 is not applicable because
complainant performed stevedoring job only on call, so while he was
connected with the company for the past 11 years, he did not actually
render 11 years of service; that the burden of proving that complainant’s
latest salary was P200.00 rests upon him; that he already voluntarily
signed a waiver of quitclaim; that if indeed respondent took advantage of
his illiteracy into signing his quitclaim, he would have immediately filed
this complaint but nay, for it took him two (2) years to do so.
The issue therefore is whether or not complainant is entitled to the
claimed differential of separation pay.
We find for the complainant. He is entitled to differential.
We cannot sustain a computation of length of service based on the ECC
contribution records. Likewise, the allegation that complainant rendered
service for only five days a month for the past 11 years is statistically
improbable, aside from the fact that the best evidence thereof are
complainant’s daily time records which respondent are (sic) duty bound to
keep and make available anytime in case of this.
342

The late filing has no bearing. The prescription period is three years. It is
suffice (sic) that the filing falls within the period. Whether or not
complainant worked on rotation basis is a burden which lies upon the

employer. The presumption is that the normal working period is eight (8)
hours a day and six (6) days a week, or 26 days a month, unless proven
otherwise.
Also, the burden of proving the amount of salaries paid to employees
rests upon the employer not on the employee. It can be easily proven by
payrolls, vouchers, etc. which the employers are likewise duty bound to
keep and present. There being none, we have to sustain complainant’s
assertion that his latest salary rate was P200 a day or P5,200 a month.
Therefore, his retrenchment pay differential is P25,443.70 broken down as
follows:
P200 x 26 days = P5,200 x 11 years

2
= (P2,600 x 11 years) - P3,156.30
= P28,600 - P3,156.30
= P25,443.70”
The Decision of the National Labor Relations

Commission in NLRC-NCR-CA No. 06701-94,
April 20, 1995 (Rollo, pp. 18-21).
The National Labor Relations Commission reversed on

jurisdictional ground the aforesaid Decision of the Labor Arbiter;
ruling, as follows:
“. . . His claim for separation pay differential is based on the Collective

Bargaining Agreement (CBA) between his union and the respondent
company, the pertinent portion of which reads:
x x x ANY UNION member shall be compulsory retired (sic) by the
company upon reaching the age of sixty (60) years, unless otherwise
extended by the company for justifiable reason. He shall be paid his
retirement pay equivalent to one-half (1/2) month salary for every year of
service, a fraction of at least six months being considered as one (1) whole
year.
x x x The company agrees that in case of casual employees and/or
workers who work on rotation basis the criterion for determining their
retirement pay shall be 303 rotation calls or work days
343
VOL. 294, AUGUST 17, 1998 343

as equivalent to one (1) year and shall be paid their retirement pay
equivalent to one half (1/2) month for every year of service.
xxx
Since the instant case arises from interpretation or implementation of a
collective bargaining agreement, the Labor Arbiter should have dismissed it
for lack of jurisdiction in accordance with Article 217 (c) of the Labor Code,
which reads: (Italics supplied) Art. 217. Jurisdiction of Labor Arbiter and
the Commission.
xxx
(c) Cases arising from the interpretation or implementation of collective
bargaining agreement and those arising from the interpretation or
enforcement of company procedure/policies shall be disposed of by the
Labor Arbiter by referring the same to the grievance machinery and

voluntary arbitrator as may be provided in said agreements.”
Petitioner contends that:

I. THE PUBLIC RESPONDENT NLRC GRAVELY ABUSED ITS
DISCRETION IN GIVING DUE COURSE TO THE APPEAL
DESPITE THE FACT 4 (SIC) THAT IT WAS FILED OUT OF
TIME AND THERE IS NO SHOWING THAT A SURETY BOND
WAS POSTED.
II. THE PUBLIC RESPONDENT NLRC GRAVELY ABUSED ITS
DISCRETION IN SETTING ASIDE THE DECISION OF X X X
DATED 19 JANUARY 1994 AND DISMISSING THE CASE ON
THE GROUND OF LACK OF JURISDICTION WHEN THE ISSUE
DOES NOT INVOLVE ANY PROVISION OF THE COLLECTIVE
BARGAINING AGREEMENT. (Rollo, pp. 7-8)
The Manifestation and Motion (In Lieu of Comment) sent in on

December 6, 1995 by the Office of the Solicitor General support the
second issue, re: jurisdiction raised by the Petitioner (Rollo, pp. 26-
33, at pp. 38-42).
Labor Arbiter Decision
Labor Arbiters should exert all efforts to cite statutory provisions

and/or judicial decisions to buttress their dispositions.
344

An Arbiter cannot rely on simplistic statements, generalizations,

and assumptions. These are not substitutes for reasoned judgment.
Had the Labor Arbiter exerted more research efforts, support for
the Decision could have been found in pertinent provisions of the
Labor Code, its Implementing Rules, and germane decisions of the
Supreme Court. As this Court said in Juan Saballa, et al. v. NLRC,
G.R. Nos. 102472-84, August 22, 1996:
“x x x This Court has previously held that judges and arbiters should draw
up their decisions and resolutions with due care, and make certain that
they truly and accurately reflect their conclusions and their final
dispositions. A decision should faithfully comply with Section 14, Article
VIII of the Constitution which provides that no decision shall be rendered
by any court without expressing therein clearly and distinctly the facts of
the case and the law on which it is based. If such decision had to be
completely overturned or set aside, upon the modified decision, such
resolution or decision should likewise state the factual and legal foundation
relied upon. The reason for this is obvious: aside from being required by the
Constitution, the court should be able to justify such a sudden change of
course; it must be able to convincingly explain the taking back of its solemn
conclusions and pronouncements in the earlier decision. The same thing
goes for the findings of fact made by the NLRC, as it is a settled rule that
such findings are entitled to great respect and even finality when supported
by substantial evidence; otherwise, they shall be struck down for being
whimsical and capricious and arrived at with grave abuse of discretion. It is
a requirement of due process and fair play that the parties to a litigation be
informed of how it was decided, with an explanation of the factual and legal
reasons that led to the conclusions of the court. A decision that does not
clearly and distinctly state the facts and the law on which it is based leaves
the parties in the dark as to how it was reached and is especially
prejudicial to the losing party, who is unable to pinpoint the possible errors
of the court for review by a higher tribunal. x x x”
This is not an admonition but rather, advice and a critique to stress

that both have obligations to the Courts and students of the law.
Decisions of the Labor Arbiters, the National Labor Relations
Commission, and the Supreme Court serve not only to adjudicate
disputes, but also as an educational tool
345
VOL. 294, AUGUST 17, 1998 345

to practitioners, executives, labor leaders and law students. They

all have a keen interest in methods of analysis and the reasoning
processes employed in labor dispute adjudication and resolution. In
fact, decisions rise or fall on the basis of the analysis and reasoning
processes of decision makers or adjudicators.
On the issues raised by the Petitioner, we rule:
l. Timeliness of Appeal
And Filing of Appeal Bond
The Court rules that the appeal of the respondent corporation was
interposed within the reglementary period, in accordance with the
Rules of the National Labor Relations Commission, and an appeal
bond was duly posted. We adopt the following Comment dated
August 14, 1996, submitted by the National Labor Relations
Commission, to wit:
“x x x While it is true that private respondent company received a copy of

the decision dated January 19, 1994 of the Labor Arbiter x x x and filed its
appeal on February 14, 1994, it is undisputed that the tenth day within
which to file an appeal fell on a Saturday, the last day to perfect an appeal
shall be the next working day.
Thus, the amendments to the New Rules of Procedure of the NLRC,
Resolution No. 11-01-91 which took effect on January 14, 1992, provides in
part: x x x
1. Rule VI, Sections 1 and 6 are hereby amended to read as follows:
Section 1. Period of Appeal.—Decisions, awards or orders of the Labor

Arbiter . . . shall be final and executory unless appealed to the Commission
by any or both parties within ten (10) calendar days from receipt of such
decisions, awards or orders of the Labor Arbiter x x x . . . If the 10th day . . .
falls on a Saturday, Sunday or a Holiday, the last day to perfect the decision
shall be the next working day. (Italics supplied)
Hence, it is crystal clear that the appeal was filed within the prescriptive
period to perfect an appeal. Likewise, the petitioner’s
346
contention that private respondent did not post the required surety bond,
deserves scant consideration, for the simple reason that a surety bond was
issued by BF General Insurance Company, Inc., in the amount of
P25,443.70 (Rollo, pp. 63-64).
2. Jurisdictional Issue
The jurisdiction of Labor Arbiters and Voluntary Arbitrator or

Panel of Voluntary Arbitrators is clearly defined and specifically
delineated in the Labor Code. The pertinent provisions of the Labor
Code, read:
“A. Jurisdiction of Labor Arbiters
Art. 217. Jurisdiction of Labor Arbiter and the Commission.—(a) Except as

otherwise provided under this Code the Labor Arbiter shall have original
and exclusive jurisdiction to hear and decide, within thirty (30) calendar
days after the submission of the case by the parties for decision without
extension, even in the absence of stenographic notes, the following cases
involving all workers, whether agricultural or non-agricultural:
1. Unfair labor practice cases;

2. Termination disputes;
3. If accompanied with a claim for reinstatement, those cases that
workers may file involving wages, rates of pay, hours of work and
other terms and conditions of employment;
4. claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code,
including questions involving the legality of strikes and lockouts;
and,
6. Except claims for Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims, arising from
employer-employee relations, including those of persons in domestic
or household service, involving an amount exceeding five thousand
pesos (P5,000) regardless of whether accompanied with a claim for
reinstatement.
xxx

bargaining agreement and those arising from the inter
347
VOL. 294, AUGUST 17, 1998 347

pretation or enforcement of company procedure/policies shall bedisposed of

by the Labor Arbiter by referring the same to the grievance machinery and
voluntary arbitrator so may be provided in saidagreement.
B. Jurisdiction of Voluntary Arbitrator or Panel of Voluntary

Arbitrators
Art. 261. Jurisdiction of Voluntary Arbitrators or Panel of Voluntary

Arbitrators.—The Voluntary Arbitrator or Panel of Voluntary
Arbitrators shall have original and exclusive jurisdiction to hear
and decide all unresolved grievances arising from the interpretation
or implementation of the Collective Bargaining Agreement and
those arising from the interpretation or enforcement of company
personnel policies referred to in the immediately preceding article.
Accordingly, violations of a Collective Bargaining Agreement,
except those which are gross in character, shall no longer be treated
as unfair labor practice and shall be resolved as grievances under
the collective bargaining agreement. For purposes of this Article,
gross violations of Collective Bargaining Agreement shall mean
flagrant and/or malicious refusal to comply with the economic
provisions of such agreement.
The Commission, its Regional Offices and the Regional Directors
of the Department of Labor and Employment shall not entertain
disputes, grievances or matters under the exclusive and original
jurisdiction of the Voluntary Arbitrator or Panel of Voluntary
Arbitrators and shall immediately dispose and refer the same to the
Grievance Machinery or Voluntary Arbitration provided in the
Collective Bargaining Agreement.
Art. 262. Jurisdiction over other labor disputes.—The Voluntary Arbitrator

or Panel of Voluntary Arbitrators, upon agreement of the parties, shall also
hear and decide all other labor disputes including unfair labor practices
and bargaining deadlocks.”
The aforecited provisions of law cannot be read in isolation or

separately. They must be read as a whole and each Article of the
Code reconciled one with the other. An analysis of the provisions of
Articles 217, 261, and 262 indicates, that:
348

1. The jurisdiction of the Labor Arbiter and Voluntary

Arbitrator or Panel of Voluntary Arbitrators over the cases
enumerated in Articles 217, 261 and 262, can possibly
include money claims in one form or another.
2. The cases where the Labor Arbiters have original and
exclusive jurisdiction are enumerated in Article 217, and
that of the Voluntary Arbitrator or Panel of Voluntary
Arbitrators in Article 261.
3. The original and exclusive jurisdiction of Labor Arbiters is
qualified by an exception as indicated in the introductory
sentence of Article 217 (a), to wit:
“Art. 217. Jurisdiction of Labor Arbiters . . . (a) Except as otherwise

provided under this Code the Labor Arbiter shall have original and
exclusive jurisdiction to hear and decide . . . the following cases involving

all workers . . .”
The phrase “Except as otherwise provided under this Code” refers to

the following exceptions:
A. Art. 217. Jurisdiction of Labor Arbiters . . .
xxx
bargaining agreement and those arising from the interpretation or
enforcement of company procedure/policies shall be disposed of by the
Labor Arbiter by referring the same to the grievance machinery and
voluntary arbitrator as may be provided in said agreement.
B. Art. 262. Jurisdiction over other labor disputes.—The Voluntary

Arbitrator or Panel of Voluntary Arbitrators, upon agreement of the
parties, shall also hear and decide all other labor disputes including
unfair labor practices and bargaining deadlocks.
Parenthetically, the original and exclusive jurisdiction of the Labor

Arbiter under Article 217 (c), for money claims is limited only to
those arising from statutes or contracts other than a Collective
Bargaining Agreement. The Voluntary Arbitrator or Panel of
Voluntary Arbitrators will have original and exclusive jurisdiction
over money claims “arising from the inter-
349
VOL. 294, AUGUST 17, 1998 349

pretation or implementation of the Collective Bargaining

Agreement and, those arising from the interpretation or
enforcement of company personnel policies,” under Article 261.
4. The jurisdiction of Voluntary Arbitrator or Panel of

Voluntary Arbitrators is provided for in Arts. 261 and 262 of
the Labor Code as indicated above.
1. A close reading of Article 261 indicates that the original and
exclusive jurisdiction of Voluntary Arbitrator or Panel of
Voluntary Arbitrators is limited only to:
“. . . unresolved grievances arising from the interpretation or

implementation of the Collective Bargaining Agreement and those arising
from the interpretation or enforcement of company personnel policies . . .
Accordingly, violations of a collective bargaining agreement, except those
which are gross in character, shall no longer be treated as unfair labor
practice and shall be resolved as grievances under the Collective
Bargaining Agreement. x x x.”
2. Voluntary Arbitrators or Panel of Voluntary Arbitrators,

however, can exercise jurisdiction over any and all disputes
between an employer and a union and/or individual worker
as provided for in Article 262.
“Art. 262. Jurisdiction over other labor disputes.—The voluntary arbitrator

or panel of voluntary arbitrators, upon agreement of the parties, shall also
hear and decide all other labor disputes including unfair labor practices
and bargaining deadlocks.”
It must be emphasized that the jurisdiction of the Voluntary

Arbitrator or Panel of Voluntary Arbitrators under Article 262 must
be voluntarily conferred upon by both labor and management. The
labor disputes referred to in the same Article 262 can include all
those disputes mentioned in Article 217 over which the Labor
Arbiter has original and exclusive jurisdiction.
As shown in the above contextual and wholistic analysis of
Articles 217, 261, and 262 of the Labor Code, the National Labor
Relations Commission correctly ruled that the Labor Arbiter had no
jurisdiction to hear and decide petitioner’s
350

money claim-underpayment of retirement benefits, as the

controversy between the parties involved an issue “arising from the
interpretation or implementation” of a provision of the collective
bargaining agreement. The Voluntary Arbitrator or Panel of
Voluntary Arbitrators has original and exclusive jurisdiction over
the controversy under Article 261 of the Labor Code, and not the
Labor Arbiter.
3. Merits of the Case
The Court will not remand the case to the Voluntary Arbitrator or
Panel of Voluntary Arbitrators for hearing. This case has dragged
on far too long—eight (8) years. Any further delay would be a denial
of speedy justice to an aged retired stevedore. There is further the
possibility that any Decision by the Voluntary Arbitrator or Panel of
Voluntary Arbitrators will be appealed to the Court of Appeals, and
finally to this Court. Hence, the Court will rule on the merits of the
case.
We adopt as our own the retirement benefit computation formula
of the Labor Arbiter, and the reasons therefor as stated in the
decision abovequoted.
The simple statement of the Labor Arbiter that “we cannot
sustain a computation of length of service based on ECC
contribution records,” was not amply explained by the Labor
Arbiter; however, there is legal and factual basis for the same. It is
unrealistic to expect a lowly stevedore to know what reports his
employer submits to the Employee’s Compensation Commission
under Book IV, Health, Safety and Welfare Benefits, Title II,
Employees Compensation and State Insurance Fund, of the Labor
Code, simply because the insurance fund is solely funded by the
employer and the rate of employer’s contribution varies according to
time and actuarial computations. (See Articles 183-184, Labor
Code). The worker has no ready access to this employer’s record. In
fact, it is farthest from his mind to inquire into the amount of
employer’s contribution, much less whether the employer remits the
contributions. The worker is at all times entitled to benefits upon

the occurrence of the defined contingency even when the employer
fails to remit the contributions. (See Article 196 (b), Labor Code).
351
VOL. 294, AUGUST 17, 1998 351

All employers are likewise required to keep an employment record

of all their employees, namely: payrolls; and time records. (See Book
III, Rule X, specifically Secs. 6, 7, 8, 1 and 12, Omnibus Rules—
Implementing the Labor Code).
The respondent-employer was afforded the opportunity to show
proof of the petitioner’s length of service and pay records. In both
instances, the respondent-employer failed. By its own folly, it must
therefore suffer the consequences of such failure. (South Motorists
Enterprises v. Tosoc, 181 SCRA 386 [1990]) From the very
beginning—by the provision of the retirement provision of the
Collective Bargaining Agreement, i.e., the length of service as
requirement for retirement, and salary as a basis for benefit
computation—the employer was forewarned of the need for accurate
record keeping. This is precisely the basis of retirement, and the
computation of benefits based on years of service and monthly
wage.
To recapitulate; the Court hereby rules—
1. That the National Labor Relations Commission correctly

ruled that the Labor Arbiter had no jurisdiction over the
case, because the case involved an issue “arising from the
interpretation or implementation” of a Collective Bargaining
Agreement;
2. That the appeal to the National Labor Relations
Commission was filed within the reglementary period and
that the appeal bond was filed; and
3. That we adopt the computation formula for the retirement
benefits by the Labor Arbiter, and the basis thereof. The
respondent must therefore pay the petitioner the additional
amount of Twenty-Five Thousand Four Hundred Forty-
Three and Seventy Centavos (P25,443.70) Pesos.
In view of the long delay in the disposition of the case, this decision
is immediately executory.
SO ORDERED.
Narvasa (C.J., Chairman), Romero and Kapunan, JJ.,

concur.
352

People vs. Alfeche
Labor Arbiter has no jurisdiction over cases of interpretation and

implementation of CBA; appeal timely made; and computation of
retirement benefits by the Labor Arbiter adopted.
Note.—The setting aside or declaring void, in proper cases, of

intrusions of State authority into areas reserved by the Bill of
Rights for the individual as constitutionally protected spheres
where even the awesome powers of Government may not enter at
will is not the totality of the Supreme Court’s functions. The Court
also has the duty to formulate guiding and controlling
constitutional principles, precepts, doctrines, or rules. It has the
symbolic function of educating the bench and bar on the extent of
protection given by constitutional guarantees. (Salonga vs. Cruz
Paño, 134 SCRA 438, 462-466 [1985])
——o0o——
© Copyright 2019 Central Book Supply, Inc. All rights reserved.

32 San Jose VS NLRC

Uploaded by

Copyright:

Available Formats

32 San Jose VS NLRC

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

32 San Jose VS NLRC

Uploaded by

Copyright:

Available Formats

2/11/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 294

336 SUPREME COURT REPORTS ANNOTATED

VICENTE SAN JOSE, petitioner, vs. NATIONAL LABOR

Labor Law; Actions; Certiorari; Pleadings and Practice; Motions for

Same; Labor Arbiters; Judgments; Labor Arbiters should exert all

VOL. 294, AUGUST 17, 1998 337

San Jose vs. National Labor Relations Commission

Same; Same; Collective Bargaining Agreements; Jurisdiction; The

338 SUPREME COURT REPORTS ANNOTATED

San Jose vs. National Labor Relations Commission

Same; Same; Same; Same; Retirement; A Labor Arbiter has no

retirement benefits where the controversy between the parties involves an

Same; Same; Same; Same; Same; It is unrealistic to expect a lowly

VOL. 294, AUGUST 17, 1998 339

San Jose vs. National Labor Relations Commission

SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.

The facts are stated in the opinion of the Court.

Before the Court is a Petition for Certiorari seeking to annul a

January 19, 1994 in NLRC-NCR Case No. 0003-02101-93 a case for

340 SUPREME COURT REPORTS ANNOTATED

Corazon Jamer v. National Labor Relations Commission, G.R. No.

“. . . This premature action of petitioners constitutes a fatal infirmity as

As stated in the Decision of the Labor Arbiter in NLRCNCR-Case

“Complainant, in his position paper (Record, pages 11 to 14) states that he

advised in April 1991 to retire from service considering that he already

VOL. 294, AUGUST 17, 1998 341

Decision of the Labor Arbiter in NLRC-NCR

“Respondents, in their Reply to complainant’s position paper, allege

342 SUPREME COURT REPORTS ANNOTATED

complainant worked on rotation basis is a burden which lies upon the

P200 x 26 days = P5,200 x 11 years

The Decision of the National Labor Relations

The National Labor Relations Commission reversed on

“. . . His claim for separation pay differential is based on the Collective

VOL. 294, AUGUST 17, 1998 343

Labor Arbiter by referring the same to the grievance machinery and

Petitioner contends that:

The Manifestation and Motion (In Lieu of Comment) sent in on

Labor Arbiter Decision

Labor Arbiters should exert all efforts to cite statutory provisions

344 SUPREME COURT REPORTS ANNOTATED

An Arbiter cannot rely on simplistic statements, generalizations,

This is not an admonition but rather, advice and a critique to stress

VOL. 294, AUGUST 17, 1998 345

to practitioners, executives, labor leaders and law students. They

“x x x While it is true that private respondent company received a copy of

1. Rule VI, Sections 1 and 6 are hereby amended to read as follows:

Section 1. Period of Appeal.—Decisions, awards or orders of the Labor

The jurisdiction of Labor Arbiters and Voluntary Arbitrator or

“A. Jurisdiction of Labor Arbiters

Art. 217. Jurisdiction of Labor Arbiter and the Commission.—(a) Except as

1. Unfair labor practice cases;

(c) Cases arising from the interpretation or implementation of collective

VOL. 294, AUGUST 17, 1998 347

pretation or enforcement of company procedure/policies shall bedisposed of

B. Jurisdiction of Voluntary Arbitrator or Panel of Voluntary

Art. 261. Jurisdiction of Voluntary Arbitrators or Panel of Voluntary

Art. 262. Jurisdiction over other labor disputes.—The Voluntary Arbitrator

The aforecited provisions of law cannot be read in isolation or