G.R. No. 163768 Case Digest

G.R. No. 163768 March 27, 2007

Julius Kawachi and Gayle Kawachi

vs Dominie Del Quero and Hon. Judge Taro

Ponente: Tinga

Facts:

Del Quero charged AJ Raymundo Pawnshop, Virgilio Kawachi and Julius Kawachi with illegal dismissal, non-execution of a contract of employment, violation of minimum wage law and non-payment of overtime pay. The complaint was filed before the NLRC.Del Quero also filed an action for damages against Kawachi before the MeTC of Quezon City.

Kwachi moved for the dismissal of the complaint on the grounds of lack of jurisdiction and forum-shopping or splitting cause of action. The MeTC rejected the dismissal and the subsequent motion for reconsideration.

Kawachi then elevated the case to the RTC. RTC held that Del Quero's action for damages was based on the tortious acts committed by her employers and did not seek any relief under the Labor code. RTC also denied the motion for reconsideration, hence this petition for review on certiorari.

Issue: Jurisdiction over the complaint for damages.

Kawachi: NLRC has jurisdiction over the action for damages because the alleged injury is work-related and that Del Quero should not be allowed to split her causes.

Ruling:

Petition is meritorious. Article 217(a) of the Labor Code, as amended, clearly bestows upon the Labor Arbiter original and exclusive jurisdiction over claims for damages arising from employer-employee relations —in other words, the Labor Arbiter has jurisdiction to award not only the reliefs provided by labor laws, but also damages governed by the Civil Code.

In the instant case, the allegations in Del Quero's complaint for damages show that her injury was the offshoot of petitioners immediate harsh reaction as her administrative superiors to the supposedly sloppy manner by which she had discharged her duties. This incident was similarly narrated in both illegal dismissal complaint and damages complaint; which shows that the injury is directly related to the employer-employee relations of the parties.

The dismissed employee cannot be allowed to sue in two forums. NLRC has jurisdiction over the complaint for illegal dismissal and damages arising there from.