G.R. No. 78554 Case Digest

G.R. No. 78554 August 25, 1989

St. Anne Medical Center, petitioner

vs Henry Parel, etc., respondents

Ponente: Sarmiento

Facts:

Submitted for decision is this case, in the nature of challenges (inter alia) to the jurisdiction of the Regional Director of the Department of Labor and Employment to act on money claims.

This case stemmed from a complaint filed against St. Anne Medical Center for underpayment of wages, ECOLA and other money claims. Then Director Parel ordered that St. Anne Medical Center re institute the 127 employees with their money claims, excluding the 6 employees found to be holding managerial positions.

The director of the hospital then sought reconsideration alleging that Parel erred in imposing the money award: (1) in the absence of notice and hearing; (2) that the said award was not supported by evidence; and (3) that there was pending with the National Labor Relations Commission an Identical complaint filed by the complaining employees of the hospital. (4) The jurisdiction of RD of DOLE to act on money claims is assailed.

Held:

In addition, it is held that the regional offices of the Department of Labor are charged alone with "mediation and conciliation" and, should the parties fail to agree, they must refer the case to the labor arbiters.

The fact alone that at the time Director Parel entered into the picture, the respondents-workers had earlier commenced identical proceedings in the National Labor Relations Commission, labor arbitrage section, is enough to warrant the grant of this petition. (The Complaint in the NLRC was filed on January 28, 1987, 7 while the Regional Director received the Complaint on February 9,1987.) 8 The rule in civil cases is that the acquisition of jurisdiction by a court of concurrent jurisdiction (assuming that the Regional Director exercises concurrent jurisdiction with the Labor Arbiter in view of the promulgation of Republic Act No. 6715, which took effect on March 19, 1989) divests another of its own jurisdiction. The same rule should apply to labor cases. On account hereof, we set aside the challenged order.

WHEREFORE, the petition is GRANTED. The order of Regional Director Henry Parel is SET ASIDE.