Facts:
Teresita Montoya filed a petition for certiorari seeking the annulment of a resolution dated
August 20, 1987 of the
National Labor Relations Commission (NLRC), Third Division that reversed and set aside the dismissal issued on
September 27, 1985 by Labor Arbiter
Ethelwoldo R. Ovejera of NLRC Regional Arbitration Branch No. VI in Bacolod City. The controversy stemmed from the private respondents—
Teresita Escayo, Joy Escayo, Aida Ganancial, Mary Ann Cape, Cecilia Correjado, Erlinda Paypon, and Rosalie Verde—who had previously worked as salesgirls in
Terry’s Dry Goods Store owned by petitioner in Bacolod City. On different dates, the private respondents separately filed complaints for collection of unpaid overtime pay, holiday pay,
thirteenth month pay,
ECOLA, and service leave pay; and for alleged violations of the minimum wage law,
illegal dismissal, and
attorney’s fees. Although treated as separate cases, the complaints were consolidated due to their similar nature. Petitioner moved for dismissal on
August 1, 1984, arguing that the private respondents failed to refer the dispute to the
Lupon ng Tagapayapa for possible settlement and to secure the certification required from the Lupon Chairman before filing with the Labor Arbiter, which she asserted violated
P.D. No. 1508 (the
Katarungang Pambarangay Law). The Labor Arbiter granted the motion and dismissed the complaints on
September 27, 1985. On appeal, the NLRC reversed and remanded the case for further proceedings in its
August 20, 1987 resolution, and petitioner’s motion for reconsideration was denied on
October 28, 1987, prompting the present petition.
Issues:
Whether the
Katarungang Pambarangay Law (P.D. No. 1508) requires parties in
labor disputes to first submit the controversy to the
barangay Lupon ng Tagapayapa for conciliation and obtain the required certification, such that non-compliance divests the
Labor Arbiter and the
NLRC of jurisdiction.
Ruling:
Ratio:
Doctrine: