Case Digest (G.R. No. 118693)
Facts:
Air Services Cooperative, and Capt. Antonio S. Sarael v. The Court of Appeals (Special Second Division, Honorable Leonor T. Sumcad, Regional Trial Court, Branch 9, 11th Judicial Region, Davao City, Labor Arbiter Antonio M. Villanueva, Regional Arbitration Branch XI, Department of Labor and Employment, and Recarido Batican), G.R. No. 118693, July 23, 1998, Third Division, Romero, J., writing for the Court.Petitioner Air Services Cooperative (with co‑petitioner Capt. Antonio S. Sarael) is a CDA‑registered cooperative whose members included respondent Capt. Recarido Batican. After reports that respondent pilfered aviation fuel from aircraft assigned him, the Cooperative and Capt. Sarael issued progressively sterner memoranda and finally required an explanation; the Board thereafter revoked respondent’s membership on March 8, 1993. The Cooperative’s client Stanfilco filed a criminal complaint for qualified theft against respondent and an arrest warrant issued.
Aggrieved, respondent filed with the Labor Arbiter a complaint (May 18, 1993) for illegal dismissal and related monetary claims against the Cooperative and Capt. Sarael. On September 21, 1994, the Labor Arbiter rendered a decision finding dismissal illegal and awarding monetary relief. Instead of appealing to the National Labor Relations Commission (NLRC) within ten days as provided in the Labor Code, petitioners filed a Petition for Certiorari, Prohibition and Annulment before the Regional Trial Court, Branch 9, Davao City (Special Civil Case No. 23,239‑94), attacking the Labor Arbiter’s jurisdiction.
The RTC motu proprio dismissed the petition for lack of jurisdiction on November 10, 1994, noting that certiorari is not a substitute for appeal to the NLRC under Article 223 of the Labor Code. Petitioners sought relief in the Court of Appeals, which on January 25, 1995 denied due course to the petition and temporarily enjoined further proceedings only when it was entertaining comments; the CA held that appeal to the NLRC was the pr...(Pro-only)
Issues:
- Is recourse to the Regional Trial Court by way of certiorari proper to annul a Labor Arbiter’s decision instead of appealing to the NLRC?
- Was appeal to the NLRC inadequate or ineffectual such that certiorari to the trial court was justified despite petitioners’ claim that the Labor Arbite...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)