The findings of the labor arbiter were based on

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Unformatted text preview: Another
line
of
court
decisions
holds
a
different
view:
it
is
the
law
that
 determines
 the
 jurisdiction
 of
 an
 adjudicating
 body
 and
 not
 the
 initiative
or
acquiescence
of
the
disputants
 o Whenever
it
appears
that
the
court
has
no
jurisdiction
over
 the
 subject
 matter,
 the
 action
 shall
 be
 dismissed.
 This
 defense
may
be
imposed
at
any
time.
(La
Naval
Drugs
v.
CA)
 14. Immunity
of
foreign
governments
 • Immunity
is
the
exemption
of
the
state
and
its
organs
from
the
judicial
 jurisdiction
of
another
state;
an
equal
has
no
power
over
an
equal
 • Application
of
the
doctrine
of
immunity
from
suit
has
been
restricted
to
 sovereign
or
governmental
activities
(jure
imperii)
 • It
can’t
be
extended
to
commercial,
private,
and
proprietary
acts
(jure
 gestionis)
 • Immunity
of
the
UN
and
its
specialized
agencies
 o Convention
 on
 the
 Privileges
 and
 Immunities
 of
 the
 Specialized
 Agencies
 of
 the
 UN:
 immunity
 granted
 to
 the
 UN
and
its
specialized
agencies
 o United
 Nations
 Revolving
 Fund
 for
 Natural
 Resources
 Exploration:
grants
immunity
 15. Executing
money
claims
against
the
government
 • Even
when
a
government
agency
enters
into
a
business
contract
with
a
 private
 entity,
 it
 is
 not
 the
 Labor
 Code
 but
 CA
 327
 that
 applies
 in
 pursuing
 a
 money
 claim
 (against
 the
 Government)
 arising
 from
 such
 contract
 • DA
v.
NLRC
 o Department
 of
 Agriculture
 and
 Sultan
 Security
 Agency
 entered
 into
 a
 contract
 for
 security
 service.
 Guards
 from
 the
 Agency
 filed
 a
 complaint
 for
 underpayment
 of
 wages,
 nonpayment
of
13th
month
pay,
uniform
allowances,
night
 shift
 differential
 pay,
 holiday
 pay
 and
 overtime
 pay
 and
 damages
against
the
DA
and
Agency.
 o Doctrine
of
state’s
immunity
from
suit
 Lalay
Abala.
ALS2014B.
Labor
II.
 Not
all
contracts
entered
into
by
the
government
operate
as
 a
 waiver
 of
 its
 nonsuability;
 distinction
 must
 still
 be
 made
 between
 one
 which
 is
 executed
 in
 the
 exercise
 of
 sovereign
 function
 and
 another
 which
 is
 done
 in
 its
 proprietary
 capacity
 o The
DA
has
not
pretended
to
have
assumed
a
capacity
apart
 from
 its
 being
 a
 governmental
 entity
 when
 it
 entered
 into
 the
 questioned
 contract.
 The
 claims
 of
 private
 respondent
 arising
 from
 Contract
 for
 Security
 Services,
 clearly
 constitute
money
claims.
 o CA
 327
 
 money
 claim
 should
 first
 be
 brought
 to
 the
 Commission
on
Audit
 16. Local
water
district
 • Hagonoy
 Water
 District
 v.
 NLRC:
 local
 water
 districts
 are
 quasi‐public
 corporations
whose
employees
belong
to
the
civil
service,
hence,
cases
 shall
be
governed
by
the
civil
service
law
 • Exception:
where
NLRC
jurisdiction
is
invoked
 o Zamboanga
 Water
 District
 had
 a
 strike
 and
 management
 filed
a
complaint
with
the
labor
arbiter.
The
water
district
 questioned
the
jurisdiction
with
the
SC.

 o It
is
only
now
in
this
case
before
us,
after
the
NLRC
ordered
payment,
that
petitioner
raises
 the
 issue
 of
 lack
 of
 jurisdiction.
 It
 is
 not
 fair
 for
 a
 party
 who
 has
 voluntarily
 invoked
 the
 jurisdiction
of
a
tribunal
in
a
particular
matter
to
secure
an
affirmative
relief
therefrom,
to
 afterwards
repudiate
and
deny
that
very
same
jurisdiction.
 17. RA
6715
–
Retroactive?
 • Retroactive,
 because
 amendments
 relative
 to
 the
 jurisdiction
 of
 Labor
 Arbiters
partake
of
the
nature
of
curative
statutes
 • But
there
are
different
SC
cases
where
retroactivity
was
not
applied
 o SC
explains
as
such:
 Decisions
 on
 whether
 to
 give
 RA
 6715
 retroactive
 application
 or
 not
 depended
 to
 a
 great
 extent
 on
 what
amended
provisions
were
under
consideration,
 as
 well
 as
 the
 factual
 circumstances
 to
 which
 they
 were
made
to
apply.

 
 Chapter
II:
Powers
and
Duties
 Article
218.
Powers
of
the
Commission
 Article
219.
Ocular
inspection
 1. Powers
of
the
Commission
 • Rule­m...
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This document was uploaded on 03/11/2014.

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