Saturday, May 24, 2008 Extra-territorial jurisdiction By Dominador A. Almirante Labor case digest
PETITIONER Corazon Sim was employed by respondent Equitable PCI-Bank as Italian marketing consultant to the Frankfurt representative office and was later promoted as manager.
She filed a complaint for illegal dismissal against Equitable which was dismissed by the labor arbiter whose decision was affirmed by the National Labor Relations Commission (NLRC). The dismissal was based on the ground that labor relations system in the Philippines has no extra-territorial jurisdiction.
Did the labor arbiter err?
Ruling: Yes.
It is clear that labor arbiters have original and exclusive jurisdiction over claims arising from employer-employee relations, including termination disputes involving all workers, among whom are overseas Filipino workers. In Philippine National Bank versus Cabansag, G.R. No. 1570010, June 21, 2005, 460 SCRA 514, 526-527 the Court pronounced:
“xxx Whether employed locally or overseas, all Filipino workers enjoy the protective mantle of Philippine labor and social legislation, contract stipulations to the contrary notwithstanding. This pronouncement is in keeping with the basic public policy of the State to afford protection to labor, promote full employment, ensure equal work opportunities, regardless of sex, race or creed, and regulate the relations between workers and employers. For the State assures the basic rights of all workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work (Article 3 of the Labor Code of the Philippines; See also Section 18, Article II and Section 3, Article XIII, 1987 Constitution).”
This ruling is likewise rendered imperative by Article 17 of the Civil Code which states that laws “which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determination or conventions agreed upon in a foreign country.” (Corazon C. Sim versus NLRC, et. al., G.R. No. 157376, Oct. 2, 2007).
