EASTERN MEDITERRANEAN MARITIME v.

TURIO claims arising out of employer-employee relationships involving overseas

AUG 23, 2012 / BERSAMIN, J. / LTLimbaring (edited by Chai) Filipino workers in the Labor Arbiters.3
o Before RA 8042, the jurisdiction over such claims was previously exercised
NATURE Appeal of CA decision thru SCA on petition for certiorari and mandamus by the POEA.
PETITIONERS Eastern Mediterranean Maritime Ltd. &
Agemar Manning Agency
POEA dismissed the case. Petitioners appealed to the NLRC.
RESPONDENTS Estanislao Turio NLRC dismissed for lack of jurisdiction4.
o This prompted petitioners to appeal contending the RA 8042 cannot be
SUMMARY. Petitioners filed a complaint for disciplinary action based on breach of discipline applied retroactively.
and for the reimbursement of the wage increases in the POEA against the respondents. During
the pendency of the complaint, RA8042 took effect which vested original and exclusive ISSUES & RATIO.
jurisdiction over all money claims arising out of employer-employee relationships involving 1. WON NLRC has jurisdiction to review on appeal cases decided by the POEA on
overseas Filipino workers in the Labor Arbiters. Their complaint was dismissed by the POEA matters pertaining to disciplinary actions. NO, NLRC has no appellate jurisdiction.
hence petitioner appealed to the NLRC which also dismissed their complaint on ground of lack Although RA. 8042, through its Section 10, transferred the original and
of jurisdiction. They appealed to the SC which referred to the CA. CA dismissed on same exclusive jurisdiction to hear and decide money claims involving OFWs from
grounds. SC held that it is the Secretary of Labor who has jurisdiction over their petition to the POEA to the Labor Arbiters, the law did not remove from the POEA the
review the POEA decision on said complaint. original and exclusive jurisdiction to hear and decide all disciplinary action
DOCTRINE. Although RA. 8042, through its Section 10, transferred the original and exclusive cases and other special cases administrative in character involving OFWs.
jurisdiction to hear and decide money claims involving OFWs from the POEA to the Labor o The laws intent was to have the POEA focus its efforts in resolving
Arbiters, the law did not remove from the POEA the original and exclusive jurisdiction to hear all administrative matters involving OFWs.
and decide all disciplinary action cases and other special cases administrative in character
oThis intent was even expressly recognized in the Omnibus Rules and
involving OFWs
Regulations Implementing RA 8042.5
2. WON RA 8042 can be applied retroactively to petitioners complaint. YES, by virtue
FACTS. of their case being then still pending or undetermined at the time of the laws
Respondents were former crewmembers of MT Seadance, a vessel owned by Eastern passage, there being no vested rights in rules of procedure.
Mediterranean Maritime Ltd. and manned and operated by Agemar Manning Agency. As a rule, all laws are prospective in application unless the contrary is expressly
While respondents were still on board, they experienced delays in the payment of their provided, or unless the law is procedural or curative in nature.
wages and in the remittance of allotments, and were not paid for extra work and extra o In a way, RA8042 was a procedural law due to its providing or omitting
overtime work. guidelines on appeal.
During the course of respondents employment, MT Seadance docked on Sweden o De Los Santos v. Vda. De Mangubat: Procedural laws refer to the
and representatives of the International Transport Federation (ITF) boarded the adjective law which prescribes rules and forms of procedure in order that
vessel and found the wages of the respondents to be below the prevailing rates. courts may be able to administer justice. They may be given retroactive
Negotiations between the ITF and the vessel owner on the increase in effect on actions pending and undetermined at the time of their passage
respondents wages resulted in the payment of wage differentials and the and this will not violate any right of a person who may feel that he is
immediate repatriation of respondents. adversely affected, insomuch as there are no vested rights in rules of
procedure.
Subsequently, the petitioners filed a complaint for disciplinary action based on
breach of discipline and for the reimbursement of the wage increases in the POEA. o In this case, petitioners could not insist that the reckoning period to know
which law or rule should apply was the time when the disciplinary
o During pendency of the administrative complaint in the POEA, RA 80421
complaint was originally filed in the POEA in 1993.
took effect2 which vested original and exclusive jurisdiction over all money

1 Migrant Workers and Overseas Filipinos Act of 1995 4 The Labor Arbiter shall have jurisdiction over money claims involving employer-employee relationship (sec. 10, R.A.
2 July 15, 1995 8042). Said law does not provide that appeals from decisions arising from complaint for disciplinary action rest in the
3 Section 10. Money Claims. Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Commission.
Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) 5 Section 28. Jurisdiction of the POEA.The POEA shall exercise original and exclusive jurisdiction to hear and decide:

calendar days after the filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of (b) disciplinary action cases and other special cases, which are administrative in character, involving employers,
any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and principals, contracting partners and Filipino migrant workers.
other forms of damages.
 o Moreover, RA8042 and its implementing rules and regulations were
already in effect when petitioners took their appeal.
When RA 8042 withheld the appellate jurisdiction of the NLRC in respect of
cases decided by the POEA, the appellate jurisdiction was vested in the
Secretary of Labor in accordance with the Revised Administrative Code of 1987
6and POEA Rules and Regulations.7

o As such, petitioners should have appealed the adverse decision of the

POEA to the Secretary of Labor instead of to the NLRC.

DECISION.
Petition denied. CA decision affirmed.

6 Section 38(1), Chapter 7, Title II, Book III of the 1987 RAC: commission of acts; review, approve, reverse or modify acts and decisions of subordinate officials or units;
Section 38. Definition of Administrative Relationship.Un less otherwise expressly stated in the Code or in other laws determine priorities in the execution of plans and programs.
defining the special relationships of particular agencies, administrative relationships shall be categorized and defined as Unless a different meaning is explicitly provided in the specific law governing the relationship of particular
follows: agencies, the word control shall encompass supervision and control as defined in this paragraph. xxx.
Supervision and Control.Supervision and control shall include authority to act directly whenever a specific 7 Section 1. Jurisdiction. The Secretary shall have the exclusive and original jurisdiction to act on appeals or petition for

function is entrusted by law or regulation to a subordinate; direct the performance of duty; restrain the review of disciplinary action cases decided by the Administration.