National Federation of Labor vs. Eisma
National Federation of Labor vs. Eisma
National Federation of Labor vs. Eisma
UNION, ITS OFFICERS AND MEMBERS vs. CARLITO A. EISMA, LT. COL. JACOB
CARUNCHO, COMMANDING OFFICER, ZAMBOANGA DISTRICT COMMAND, PC,
AFP, and ZAMBOANGA WOOD PRODUCTS,
FACTS:
petitioner National Federation of Labor, on March 5, 1982, filed with the Ministry of Labor
and Employment, Labor Relations Division, Zamboanga City, a petition for direct certification
as the sole exclusive collective bargaining representative of the monthly paid employees of
the respondent Zamboanga Wood Products, Inc. at its manufacturing plant in Lumbayao,
Zamboanga City
Such employees, on April 17, 1982 charged respondent firm before the same
office of the Ministry of Labor for underpayment of monthly living allowances.
May 3, 1982, from petitioner union, a notice of strike against private respondent,
alleging illegal termination of Dionisio Estioca, president of the said local union;
unfair labor practice, non-payment of living allowances; and "employment of
oppressive alien management personnel without proper permit.
the strike began on May 23, 1982. 7 On July 9, 1982, private respondent
Zambowood filed a complaint with respondent Judge against the officers and
members of petitioners union, for "damages for obstruction of private property
with prayer for preliminary injunction and/or restraining order."
It was alleged that defendants, now petitioners, blockaded the road leading to its
manufacturing division, thus preventing customers and suppliers free ingress to
or egress from such premises. 9 Six days later, there was a motion for the
dismissal and for the dissolution of the restraining order and opposition to the
issuance of the writ of preliminary injunction filed by petitioners.
a temporary restraining order was issued, "directing respondent Judge and the commanding
officer in Zamboanga and his agents from enforcing the ex-parte order of injunction dated July
20, 1982; and to restrain the respondent Judge from proceeding with the hearing of the until
otherwise case effective as of [that] date and continuing ordered by [the] Court
On August 13, 1982, the answer of private respondent was filed sustaining the original
jurisdiction of respondent Judge and maintaining that the order complained of was not in
excess of such jurisdiction, or issued with grave abuse of discretion. Solicitor General
Estelito P. Mendoza (i)ncluded that "the instant petition has merit and should be given due
course." He traced the changes undergone by the Labor Code, citing at the same time the
decisions issued by this Court after each of such changes. As pointed out, the original
wording of Article 217 vested the labor arbiters with jurisdictional
ISSUE: whether or not it is a court or a labor arbiter that can pass on a suit for damages filed by the
employer, here private respondent Zamboanga Wood Products
RULING:
Article 217 is to be applied the way it is worded. The exclusive original jurisdiction of a labor
arbiter is therein provided for explicitly. It means, it can only mean, that a court of first
instance judge then, a regional trial court judge now, certainly acts beyond the scope of the
authority conferred on him by law when he entertained the suit for damages, arising from
picketing that accompanied a strike. That was squarely within the express terms of the law.
On the precise question at issue under the law as it now stands, this Court has spoken in
three decisions. They all reflect the utmost fidelity to the plain command of the law that it is a
labor arbiter, not a court, that ossesses original and exclusive jurisdiction to decide a claim
for damages arising from picketing or a strike.
The issuance of Presidential Decree No. 1691 and the enactment of Batas Pambansa Blg.
130, made clear that the exclusive and original jurisdiction for damages would once again be
vested in labor arbiters.
Endencia v. David
GR L-6355-56, 31 August 1953 (93 Phil 696)
En Banc, Montemayor (p): 6 concur