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    10 Estate of Nelson Dulay v. Aboitiz Jebsen Maritime (Capulong)

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    luis capulong
    1) Nelson Dulay died after completing his employment contract with General Charterers Inc. (GCI), a subsidiary of Aboitiz Jebsen Maritime. His widow tried to claim death benefits but the parties' collective bargaining agreement required disputes to be submitted to voluntary arbitration. 2) The Supreme Court held that disputes covered by a collective bargaining agreement must be submitted to the voluntary arbitrator per the Labor Code and the parties' agreement, not the NLRC. 3) The Court denied the petition and affirmed the lower court's ruling that the NLRC had no jurisdiction and the dispute must be submitted to voluntary arbitration according to the Labor Code and the parties' collective bargaining agreement.

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    10 Estate of Nelson Dulay v. Aboitiz Jebsen Maritime (Capulong)

    Uploaded by

    luis capulong
    71 views2 pages
    1) Nelson Dulay died after completing his employment contract with General Charterers Inc. (GCI), a subsidiary of Aboitiz Jebsen Maritime. His widow tried to claim death benefits but the parties' collective bargaining agreement required disputes to be submitted to voluntary arbitration. 2) The Supreme Court held that disputes covered by a collective bargaining agreement must be submitted to the voluntary arbitrator per the Labor Code and the parties' agreement, not the NLRC. 3) The Court denied the petition and affirmed the lower court's ruling that the NLRC had no jurisdiction and the dispute must be submitted to voluntary arbitration according to the Labor Code and the parties' collective bargaining agreement.

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    1) Nelson Dulay died after completing his employment contract with General Charterers Inc. (GCI), a subsidiary of Aboitiz Jebsen Maritime. His widow tried to claim death benefits but the parties' collective bargaining agreement required disputes to be submitted to voluntary arbitration. 2) The Supreme Court held that disputes covered by a collective bargaining agreement must be submitted to the voluntary arbitrator per the Labor Code and the parties' agreement, not the NLRC. 3) The Court denied the petition and affirmed the lower court's ruling that the NLRC had no jurisdiction and the dispute must be submitted to voluntary arbitration according to the Labor Code and the parties' collective bargaining agreement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views2 pages

    10 Estate of Nelson Dulay v. Aboitiz Jebsen Maritime (Capulong)

    Uploaded by

    luis capulong
    1) Nelson Dulay died after completing his employment contract with General Charterers Inc. (GCI), a subsidiary of Aboitiz Jebsen Maritime. His widow tried to claim death benefits but the parties' collective bargaining agreement required disputes to be submitted to voluntary arbitration. 2) The Supreme Court held that disputes covered by a collective bargaining agreement must be submitted to the voluntary arbitrator per the Labor Code and the parties' agreement, not the NLRC. 3) The Court denied the petition and affirmed the lower court's ruling that the NLRC had no jurisdiction and the dispute must be submitted to voluntary arbitration according to the Labor Code and the parties' collective bargaining agreement.

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    LABOR LAW REVIEW SEC. 24 G.R. No.

    172642 [June 13, 2012]

    ESTATE OF NELSON R. DULAY vs. ESTATE OF NELSON R. DULAY vs.


    ABOITIZ JEBSEN MARITIME, INC. and GENERAL ABOITIZ JEBSEN MARITIME, INC. and GENERAL
    CHARTERERS, INC. CHARTERERS, INC.,

    Petitioner/s: Estate of Nelson R. Dulay pursuant the CBA and signed a "Certification" acknowledging
    Respondent/s: Aboitiz Jebsen Maritime, Inc. and General receipt of the amount and releasing AMOSUP from further
    Charterers, Inc. liability. However, Merridy Jane contended that she is entitled
    to the aggregate sum of $90,000.00. Respondents on the other
    I. Doctrine hand, asserted that the NLRC had no jurisdiction over the action
    on account of the absence of employer-employee relationship
    In cases of claims and disputes arising from this employment, between GCI and Nelson at the time of the latter’s death.
    the parties covered by a collective bargaining agreement shall Nelson also had no claims against petitioners for sick leave
    submit the claim or dispute to the original and exclusive allowance/medical benefit by reason of the completion of his
    jurisdiction of the voluntary arbitrator or panel of arbitrators. contract with GCI. They further alleged that private respondent
    is not entitled to death benefits because petitioners are only
    II. Facts of the case liable for such "in case of death of the seafarer during the term
    of his contract pursuant to the POEA contract" and the cause of
    The case arose when Nelson Dulay, a bosun on a contractual his death is not work-related.
    basis for General Charterers Inc. (GCI) which is a subsidiary of
    Aboitiz Jebsen Maritime Inc. died due to acute renal failure
    secondary to septicaemia just 25 days after the completion of III. Issue/s
    his employment contract.
    1. Whether the NLRC has jurisdiction over the subject money
    His widow, Merridy Jane tried to claim for death benefits claim.
    through the grievance procedure provided for in the CBA
    between AMOSUP and GCI, since Nelson was a bona fide NO. It is clear that the interpretation of the DOLE that with
    respect to disputes involving claims of Filipino seafarers
    member of the former which is GCI’s collective bargaining
    wherein the parties are covered by a collective bargaining
    agent. However, the grievance procedure was "declared agreement, the dispute or claim should be submitted to the
    deadlocked" as petitioners refused to grant the benefits sought jurisdiction of a voluntary arbitrator or panel of arbitrators. It
    by the widow.
    IV. Ratio/Legal Basis
    Merridy Jane filed a complaint with the NLRC against GCI for
    death and medical benefits and damages. Subsequently Joven The Supreme Court held that it is true that R.A. 8042 is a
    Mar, Nelson’s brother, received ₱20,000.00 from respondents special law governing overseas Filipino workers. However, a

    G.R. No. 172642 PERALTA, J

    TOPIC: Recruitment and Placement/OFW’s CAPULONG, Luis Raphael M.


    LABOR LAW REVIEW SEC. 24 G.R. No. 172642 [June 13, 2012]

    ESTATE OF NELSON R. DULAY vs. ESTATE OF NELSON R. DULAY vs.


    ABOITIZ JEBSEN MARITIME, INC. and GENERAL ABOITIZ JEBSEN MARITIME, INC. and GENERAL
    CHARTERERS, INC. CHARTERERS, INC.,

    careful reading of this special law would readily show that there Seafarers on Board Ocean Going Vessels, promulgated by the
    is no specific provision thereunder which provides for Philippine Overseas Employment Administration (POEA),
    jurisdiction over disputes or unresolved grievances regarding provides as follows:
    the interpretation or implementation of a CBA. Section 10 of
    R.A. 8042, which is cited by petitioner, simply speaks, in Section 29. Dispute Settlement Procedures. − In cases of claims
    general, of “claims arising out of an employer-employee and disputes arising from this employment, the parties covered
    relationship or by virtue of any law or contract involving by a collective bargaining agreement shall submit the claim or
    Filipino workers for overseas deployment including claims for dispute to the original and exclusive jurisdiction of the
    actual, moral, exemplary and other forms of damages.” On the voluntary arbitrator or panel of arbitrators. If the parties are not
    other hand, Articles 217(c) and 261 of the Labor Code are very covered by a collective bargaining agreement, the parties may at
    specific in stating that voluntary arbitrators have jurisdiction their option submit the claim or dispute to either the original
    over cases arising from the interpretation or implementation of and exclusive jurisdiction of the National Labor Relations
    collective bargaining agreements. Stated differently, the instant Commission (NLRC), pursuant to Republic Act (RA) 8042,
    case involves a situation where the special statute (R.A. 8042) otherwise known as the Migrant Workers and Overseas
    refers to a subject in general, which the general statute (Labor Filipinos Act of 1995 or to the original and exclusive
    Code) treats in particular. jurisdiction of the voluntary arbitrator or panel of arbitrators. If
    there is no provision as to the voluntary arbitrators to be
    Furthermore, Article 13.1 of the CBA provides that in case of appointed by the parties, the same shall be appointed from the
    dispute or conflict in the interpretation or application of any of accredited voluntary arbitrators of the National Conciliation and
    the provisions of this Agreement, or enforcement of Company Mediation Board of the Department of Labor and Employment.
    policies, the same shall be settled through negotiation,
    conciliation or voluntary arbitration. Therefore, it is clear that V. Disposition
    the parties, in the first place, really intended to bring to
    conciliation or voluntary arbitration any dispute or conflict in WHEREFORE, the petition is DENIED. The Decision and
    the interpretation or application of the provisions of their CBA. Resolution of the Court of Appeals in CA-G.R. SP No. 76489 dated
    It is settled that when the parties have validly agreed on a July 11, 2005 and April 18, 2006, respectively, are AFFIRMED.
    procedure for resolving grievances and to submit a dispute to
    voluntary arbitration then that procedure should be strictly SO ORDERED.
    observed.

    In the same manner, Section 29 of the prevailing Standard


    Terms and Conditions Governing the Employment of Filipino

    G.R. No. 172642 PERALTA, J

    TOPIC: Recruitment and Placement/OFW’s CAPULONG, Luis Raphael M.

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