Topic 12 JURISDICTION OF THE LABOR ARBITER
1. What cases are under the original and
exclusive jurisdiction of the LA as provided in
Art. 217 of LC?  Un. Te. Wag. C. Vi. Ot. (Ante,
wag si Vayot! hahah)
2. What cases are under the original and
exclusive jurisdiction of the LA as provided in
Sec. 1 of 2011 NLRC Rules of Procedure? Mo.
Wag. En. Ot
3. What cases are under the exclusive appellate
jurisdiction of the Commission?  (f) Application of Diplomatic Immunity
4. What cases should the LA refer to the
grievance machinery and voluntary arbitration?
5. When is a money claim within the jurisdiction
of the labor arbiter?
6. What is arbitration?
 In its broad sense, it is the reference of a
dispute to an impartial third person, (a)
chosen by the parties or (b) appointed by
statutory authority to hear and decide the
case in controversy
7. What is compulsory arbitration?
 When the consent of one of the parties is
enforced by statutory provisions, the
proceedings is referred to as compulsory
arbitration
 In labor cases, it is the process of
settlement of labor disputes by a
government agency which has the
authority to investigate and to make an
award which is binding on all the parties
8. What are the exceptions from the jurisdiction
of the LA?
 (a) R.A. 8799 (Securities Regulation Act of
2000) – intra-corporate disputes are
within the jurisdiction of the RTC
(b) Dismissal of workers employed with
GOCC’s with original charter – GOCC
created by an original charter is beyond
the reach of DOLE which has jurisdiction
over workers in the private sector
(c) Cases within the jurisdiction of the
Voluntary Arbitrator
(d) Claims for compensable illness – it is
under the exclusive jurisdiction of the
Social Security System, subject to the
Employee’s Compensation Commission
(Art. 180, LC)
(e) Jurisdiction of Cooperative
Development Authority – Art. 121, RA 6938
(g) Quasi-delict or tort committed by the
employee – Art. 2176, Civil Code
9. Who is the Labor Arbiter?
 A Labor Arbiter is the NLRC’s
representative in a Regional Arbitration
Branch (RAB), numbering about 200,
adjudicate cases in behalf of the NLRC
10. What is the nature of proceedings before a
LA?
 They are non-litigious, subject to the
requirements of due process, the
technicalities and procedure in the regular
courts do not apply in these proceedings
11. Are the cases that fall under the exclusive
and original jurisdiction of the LA absolute?
Why or why not?
 No, a case under Art. 224 (217) maybe
lodged instead with voluntary arbitration.
 The law prefers, or gives primacy to,
voluntary arbitration instead of
compulsory arbitration
12. When is a money claim arising from ER-EE
relationship within the exclusive jurisdiction
of the LA?
 (a) if the claim, regardless of amount, is
accompanied with a claim of
reinstatement; or
(b) if the claim, whether or not
 accompanied with a reinstatement,
exceeds Php5000.00 per claimant
13. In cases of recovery of wages, money claims,
etc., when does the DOLE RD have
concurrent jurisdiction with the LA?
 (1) If the complaint does not include a
claim for reinstatement; and
(2) the aggregate money claims of each
employee or househelper does not exceed
Php5000.00
(note: new Batas Kasambahay states that a
kasambahay’s claim, regardless of amount, falls
within the jurisdiction of the DOLE RD)
14. In what cases may the Voluntary Arbiter
have concurrent jurisdiction with LA to hear
and decide unfair labor practices and
bargaining deadlocks?
 Art. 262, LC: upon agreement of the
parties
15. When may the SOLE or the President assume
jurisdiction over a labor dispute or impending
strike or lockout? (concurrent jurisdiction
with LA)
 Art. 277(g), LC: when, in his opinion, a
labor dispute or impending strike or
lockout involves an industry
indispensable to national interest
i. How is the jurisdiction of the SOLE invoked?
 Through a petition for assumption of
jurisdiction filed before the office of the
SOLE
 If SOLE assumes jurisdiction, he shall issue
an assumption order; if not, a certification
order to the Commission, certifying the
urgency of the situation and enjoining the
Commission to make its priority
ii. If SOLE decides to assume jurisdiction, what
can be inquired into and resolved by him?
 All matters incidental to the labor dispute
iii. May the SOLE provide for retroactivity of
his arbitral award?
 Yes, there is no provision of law
prohibiting it, St. Luke Medical Center vs.
Torres [1993]
16. What is a labor dispute?
 It includes any controversy or matter
concerning terms and conditions of
employment or the association or
representation of persons in negotiating,
fixing, maintaining, changing, or arranging
the terms and conditions of employment,
regardless of whether the disputants
stand in the proximate relation of
employer and employee
17. What are the kinds of labor disputes?
 (a) Labor Standards disputes – disputes on
compensation, benefits, working
standards
(b) Labor Relations disputes –
i. ULP – coercion, company
unionism, members’ complaint
against union officers
ii. Representation disputes
iii. Bargaining disputes – refusal to
bargain, strike/ lockout
iv. CBA administration/ personnel
policy disputes – noncompliance
with grievance machinery
v. Employment Tenure dispute –
non-regularization of employees,
illegal termination
18. What is a civil dispute (what are the elements
of a cause of action)?
 (a) a right in favor of the plaintiff by
whatever means and under whatever law
it arises or is created
(b) an obligation on the part of the
defendant to respect or not to violate
such right
(c) an act or omission on the part of the
defendant violative of the right of the
plaintiff of the plaintiff or constituting a
breach of the obligation of the defendant
to the plaintiff
19. What is an intra-corporate dispute?
 An intra-corporate controversy pertains to
any of the following relationships:
 (a) Between corporation, partnership or
association (CPA) and the public
(b) Between CPA and the State in so far as
its franchise, permit, or license to
operate is concerned
(c) Between CPA and its stockholders,
partners, members or officers
(d) Among stockholders, partners, or
associates themselves

i. What two elements must concur for a case

involving an intra-corporate controversy to
be heard and decided by the branches of
the RTC?
(a) The status or relationship of the parties
(relationship test); and
(b) The nature of the question that is
subject of the controversy (nature of
controversy test)
ii. Nature of Controversy test – the
controversy must not only be rooted in the
existence of an intra-corporate relationship,
but must pertain to the enforcement of the
parties’ correlative rights and obligations
under the Corporation Code and the
internal and intra-corporate regulatory rules
of the corporation.
 If the relationship and its incidents are
merely incidental to the controversy or
if there will still be conflict even if the
relationship does not exist, then no
intra- corporate controversy exists.