We agree with respondents that once in the playing court, the referees exercise their own
independent judgment, based on the rules of the game, as to when and how a call or decision is
to be made. The referees decide whether an infraction was committed, and the PBA cannot
overrule them once the decision is made on the playing court. The referees are the only,
absolute, and final authority on the playing court. Respondents or any of the PBA officers cannot
and do not determine which calls to make or not to make and cannot control the referee when
he blows the whistle because such authority exclusively belongs to the referees. The very nature
of petitioners job of officiating a professional basketball game undoubtedly calls for freedom of
control by respondents.
5. Labor Dispute Defined
Citibank vs CA (1998)
It "includes any controversy or matter concerning terms or conditions of employment or the
association or representation of persons in negotiating, fixing, maintaining, changing or
arranging the terms and conditions of employment, regardless of whether the disputants stand
in the proximate relation of employer and employee." (Art. 212 (1))
If at all, the dispute between Citibank and El Toro security agency is one regarding the
termination or non-renewal of the contract of services. This is a civil dispute. El Toro was an
independent contractor. Thus, no employer-employee relationship existed between Citibank
and the security guard members of the union in the security agency who were assigned to
secure the bank's premises and property. Hence, there was no labor dispute and no right to
strike against the bank.
6. Labor Disputes, not subject to barangay conciliation
Montoya vs Escayo (1989)
The provisions of P.D. No. 1508 requiring the submission of disputes before the barangay
Lupong Tagapayapa prior to their filing with the court or other government offices are not
applicable to labor cases.
The declared concern of the Katarungan Pambarangay Law is "to help relieve the courts of such
docket congestion and thereby enhance the quality of justice dispensed by the courts."
7. Employee benefit: a labor dispute or a civil dispute?
Smart Communications vs Astorga (2008)
SMARTs demand for payment of the market value of the car or, in the alternative, the
surrender of the car, is not a labor, but a civil, dispute. It involves the relationship of debtor and
creditor rather than employee-employer relations. As such, the dispute falls within the
jurisdiction of the regular courts.
and privileges arise from entitlements under the law (specifically, the Labor Code and its related
laws), and from their employment contract as regular ABS-CBN employees, part of which is the
CBA if they fall within the coverage of this agreement.
Javier vs Flyace Corporation (2012)
In this case, Javier was not able to persuade the Court that the above elements exist in his
case. He could not submit competent proof that Fly Ace engaged his services as a regular
employee; that Fly Ace paid his wages as an employee, or that Fly Ace could dictate what his
conduct should be while at work. In other words, Javiers allegations did not establish that his
relationship with Fly Ace had the attributes of an employer-employee relationship on the basis
of the above-mentioned four-fold test.
Banez vs Hon. Valdevilla (2000)
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
Exception: 212(i)
SMCEU-PTGWO vs Bersamina (1990)
While it is SanMig's submission that no employer-employee relationship exists between itself,
on the one hand, and the contractual workers of Lipercon and D'Rite on the other, a labor
dispute can nevertheless exist "regardless of whether the disputants stand in the proximate
relationship of employer and employee" (Article 212 [1], Labor Code) provided the controversy
concerns, among others, the terms and conditions of employment or a "change" or
"arrangement" thereof (ibid). Put differently, and as defined by law, the existence of a labor
dispute is not negative by the fact that the plaintiffs and defendants do not stand in the
proximate relation of employer and employee.
Note: If a labor dispute exists as defined by law, even if in reality, there exists no employeremployee relationship between the contending parties, the case could still fall under exclusive
and original jurisdiction of LA
Seafarer can claim damages for non-deployment, Stolt Nielsen Transportation Group, Inc. et al vs
Medequillo, Jr. (2012)
Thus, even if by the standard contract employment commences only upon actual departure of
the seafarer, this does not mean that the seafarer has no remedy in case of non-deployment
without any valid reason. The perfection of the contract, which in this case coincided with the
date of execution thereof, occurred when petitioner and respondent agreed on the object and
the cause, as well as the rest of the terms and conditions therein. The commencement of the
employer-employee relationship, as earlier discussed, would have taken place had petitioner
been actually deployed from the point of hire. Thus, even before the start of any employeremployee relationship, contemporaneous with the perfection of the employment contract was
the birth of certain rights and obligations, the breach of which may give rise to a cause of action
against the erring party. Thus, if the reverse had happened, that is the seafarer failed or refused
to be deployed as agreed upon, he would be liable for damages
I.
Labor Arbiter
Relevant Provisions: Art. 217, 124, 128 (b), 129, 233, 241, 247 LC, 262 (a), 277 Sec. 10; RA8042 as
amended by RA 10022; 2011 NLRC Rules and Procedure
1. Labor Arbiter Defined (Art. 217, now Art. 224)
NLRCs representative in a RAB
Adjudicates cases in behalf of the NLRC
Clothed with authority to conduct compulsory arbitration on cases involving termination
disputes and other cases under Art. 224
2. Powers of the Labor Arbiter (218/225)
Rule-making (Commission)
Issue compulsory processes
Investigate and hear disputes within its jurisdiction
Contempt (218), conduct ocular inspection (219)
Adjudicatory power: original and appellate
Grant of injunctive power limited to Commission, LA excluded statutorily
Injunction: mandatory or prohibitory may require, forbid, or stop the doing of an act
3. SSS authority to determine E-ER
Republic vs Asiapro Cooperative (2007)
4.