Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1963 > February 1963 Decisions > G.R. No. L-18182 February 27, 1963 - ALFREDO V. PEREZ v. COURT OF INDUSTRIAL RELATIONS, ET AL. :




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-18182. February 27, 1963.]

ALFREDO V. PEREZ, Petitioner, v. THE COURT OF INDUSTRIAL RELATIONS, and PLASTICS, INC., Respondents.

Ravelo & Velante for Petitioner.

Jose C. Colayco for respondent Plastic, Inc.

Mariano B. Tuason for respondent Court of Industrial Relations.


SYLLABUS


1. COURTS; JURISDICTION; DISMISSED EMPLOYEE’S CLAIM FOR REINSTATEMENT BECAUSE OF THE DISMISSAL OF CRIMINAL CHARGE OF THEFT AGAINST HIM; COURT OF INDUSTRIAL RELATIONS WITHOUT JURISDICTION. — A case which has not been certified by the President and is not one for alleged unfair labor practice, and does not involve either the Minimum Wage Law or the Eight-Hour Labor Law, but merely involves a claim by the dismissed employee for reinstatement with back wages, because of the dismissal of the criminal charge of theft against him, upon which his separation from the service had been predicated, does not fall under the jurisdiction of the Court of Industrial Relations.


D E C I S I O N


CONCEPCION, J.:


Appeal by certiorari from a decision of the Court of Industrial Relations, affirmed by the court en banc, dismissing this case upon the ground of lack of jurisdiction to hear the same.

Petitioner Alfredo V. Perez was a janitor of respondent Plastics Incorporated from March 14 to July 2, 1958. On the date last mentioned, Perez was dismissed by respondent upon the ground that one of its security guards had then apprehended him carrying a bundle of plastics allegedly stolen from said Respondent. For reasons not stated in the record, the criminal case for theft subsequently filed against Perez was eventually dismissed, for which reason Perez sought reinstatement, which was denied. Accordingly, he filed with the Court of Industrial Relations a petition for reinstatement with backpay from the time of his dismissal. Respondent moved to dismiss the petition upon the ground of lack of jurisdiction over the subject matter of the case. The motion was granted in an order dated September 30, 1960, which, on motion for reconsideration filed by Perez, was affirmed by the court sitting en banc. Hence, this appeal by certiorari.

Petitioner maintains that the decision appealed from is erroneous for, in PRISCO v. CIR, G.R. No. L-13806 (May 23, 1966), we allegedly held "that the Court of Industrial Relations has jurisdiction over all labor disputes as long as the employer-employee relationship does exist or it is being sought to be re-established." There is no merit in this pretense.

We have repeatedly held:jgc:chanrobles.com.ph

"This Court has held in numerous cases that upon the enactment of Republic Act No. 875, which took effect on 17 June 1953, the jurisdiction of the Court of Industrial Relations was confined to the following: (1) when the labor dispute affects an industry which is indispensable to the national interest and is so certified by the President to the industrial court (section 10, Republic Act No. 875); (2) when the controversy refers to minimum wage under the Minimum Wage Law (Republic Act No. 602); (3) when it involves hours of employment under the Eight-Hour Labor Law (Commonwealth Act No. 444); and (4) when it involves an unfair labor practice (section 5[a], Republic Act No. 875)." (Philippine Sugar Institute v. CIR, L-13098 (October 29, 1959), pp. 2-3.)

This ruling had, however, been misunderstood in some quarters as implying that cases involving the application of the Minimum Wage Law and the Eight-Hour Labor Law are always within the jurisdiction of the CIR. Hence, in the PRISCO case (supra), which involved claims for overtime, we said:jgc:chanrobles.com.ph

". . . where the employer-employee relationship is still existing or is sought to be reestablished because of its wrongful severance (as where the employee seeks reinstatement), the Court of Industrial Relations has jurisdiction over all the claims arising out of, or in connection with employment, such as those related to the Minimum Wage Law and the Eight-Hour Labor Law. After the termination of the relationship and no reinstatement is sought, such claims become mere money claims, and come within the jurisdiction of the regular courts."cralaw virtua1aw library

In other words, there must be an employer-employee relationship between the parties in controversies arising under the Minimum Wage Law and the Eight-Hour Labor Law, or such relationship must be sought to be re-established, for said controversies to be within the jurisdiction of the CIR.

The case at bar has not been certified by the President and is not one for alleged unfair labor practice. Neither does it involve the Minimum Wage Law or the Eight-Hour Labor Law. Perez merely claims a right to reinstatement because of the dismissal of the criminal charge of theft against him, upon which his separation from the service had been predicated. His alleged cause of action does not fall under the jurisdiction of the CIR.

WHEREFORE, the decision and the resolution appealed from are hereby affirmed, with costs against petitioner Alfredo V. Perez. It is so ordered.

Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Regala, J.B.L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





February-1963 Jurisprudence                 

  • G.R. No. L-16187 February 27, 1963 - MINORS BENIGNO, ET AL. v. ANTONIO PEREZ

  • G.R. No. L-13057 February 27, 1963 - DELFIN MONTANO v. MANILA TRADING & SUPPLY COMPANY

  • G.R. No. L-16187 February 27, 1963 - MINORS BENIGNO, ET AL. v. ANTONIO PEREZ

  • G.R. No. L-16347 February 27, 1963 - JOSE B. YUSAY v. JUANITO TUGBA, ET AL.

  • G.R. No. L-16797 February 27, 1963 - RODRIGO ENRIQUEZ, ET AL. v. SOCORRO A. RAMOS, ET AL.

  • G.R. No. L-16848 February 27, 1963 - REPUBLIC OF THE PHIL. v. ENRIQUE MAGLANOC

  • G.R. No. L-18182 February 27, 1963 - ALFREDO V. PEREZ v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-18193 February 27, 1963 - NICASIO BERNALDES, SR., ET AL. v. BOHOL LAND TRANSPORTATION, INC.

  • G.R. No. L-18374 February 27, 1963 - PILAR G. VDA. DE KRAUT v. MANUEL LONTOK

  • G.R. No. L-18425 February 27, 1963 - NATIONAL LABOR UNION, ET AL. v. INTERNATIONAL OIL FACTORY

  • G.R. No. L-19145 February 27, 1963 - PEOPLE OF THE PHIL. v. ROMULO DE LA MERCED

  • G.R. No. L-12444 February 28, 1963 - STATES MARINE CORPORATION, ET AL. v. CEBU SEAMEN’S ASSOCIATION, INC.

  • G.R. No. L-14947 February 28, 1963 - MAURICIO MIRANO, ET AL. v. MADRIGAL & COMPANY, INC.

  • G.R. No. L-16036 February 28, 1963 - FLORENTINA UMENGAN v. REMIGIO BUTUCAN, ET AL.

  • G.R. No. L-16163 February 28, 1963 - IGNACIO SATURNINO v. PHILIPPINE AMERICAN LIFE INSURANCE COMPANY

  • G.R. No. L-16570 February 28, 1963 - ARSENIO SOLIDUM, ET AL. v. JAIME HERNANDEZ

  • G.R. No. L-16602 February 28, 1963 - SERGIO F. NAGUIAT v. JACINTO ARCILLA, ET AL.

  • G.R. Nos. L-17362 and L-17367-69 February 28, 1963 - MADRlGAL SHIPPING CO. v. MONICA MELAD, ET AL.

  • G.R. No. L-17475 February 28, 1963 - REPUBLIC OF THE PHIL. v. FAR EAST AMERICAN COMMERCIAL. CO., ET AL.

  • G.R. No. L-17775 February 28, 1963 - JAIME VILLAFUERTE v. ELIAS T. MARFIL

  • G.R. No. L-17931 February 28, 1963 - CASCO PHILIPPINE CHEMICAL CO., INC. v. HON. PEDRO GIMENEZ

  • G.R No. L-17951 February 28, 1963 - CONRADO C. FULE, ET AL. v. EMILIA E. DE LEGARE, ET AL.

  • G.R. No. L-18062 February 28, 1963 - REPUBLIC OF THE PHIL. v. ACOJE MINING COMPANY, INC.

  • G.R. No. L-18148 February 28, 1963 - DEOGRACIAS BERNARDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-18364 February 28, 1963 - PHIL. AM. CIGAR & CIGARETTE FACTORY WORKERS UNIONN v. PHIL. AM. CIGAR & CIGARETTE MFG CO.

  • G.R. No. L-18399 February 28, 1963 - MARCOS M. CALO v. FRANCISCO MAGNO

  • G.R. No. L-18471 February 28, 1963 - NATIONAL SHIPYARDS AND STEEL CORPORATION v. JOSE CALIXTO, ET AL.

  • G.R. No. L-18479 February 28, 1963 - MINDORO TRANSPORTATION CO., INC. v. JOSE T. TORCUATOR

  • G.R. No. L-18603 February 28, 1963 - CANDIDA PIANO v. GENEROSA CAYANONG, ET AL.

  • G.R. No. 18637 February 28, 1963 - CEFERINO NOROMOR v. MUNICIPALITY OF ORAS, SAMAR, ET AL.

  • G.R. No. L-18638 February 28, 1963 - PHILIPPINE NATIONAL BANK v. SANTOS DONASCO, ET AL.

  • G.R. No. L-18646 February 28, 1963 - JULIA A. DE GUIA, ET AL. v. ALTO SURETY & INSURANCE CO., INC.

  • G.R. No. L-18697 February 28, 1963 - EMPLOYEES & LABORERS COOP. ASSO., ET AL. v. NATIONAL UNION OF RESTAURANT WORKERS

  • G.R. No. L-19129 February 28, 1963 - CITY OF CABANATUAN ET AL. v. MAGNO S. GATMAITAN, ET AL.

  • G.R. No. L-19136 February 28, 1963 - KAMUNING THEATER, INC. v. QUEZON CITY, ET AL.

  • G.R. No. L-19187 February 28, 1963 - STERLING PRODUCTS INTERNATIONAL, INC., ET AL. v. LORETA C. SOL, ET AL.

  • G.R. No. L-19248 February 28, 1963 - ILUMINADO HANOPOL v. PERFECTO PILAPIL

  • G.R. No. L-19249 February 28, 1963 - CRISPINA GUANZON, ET AL. v. FERNANDO MAPA

  • G.R. No. L-19828 February 28, 1963 - GUSTAVO A. SUAREZ v. ANDRES REYES, ET AL.

  • G.R. No. L-20147 February 28, 1963 - PEOPLE OF THE PHIL. v. FRANCISCO AGUILAR, ET AL.

  • G.R. No. L-20768 February 28, 1963 - ELISEO B. LEMI v. BRIGIDO VALENCIA, ET AL.