Del Rosario Pandiphil Inc.
Shipping and the Law
Court upholds voluntary arbitration clause in POEA contract; dispute must be heard by voluntary arbitrator and not the Labor Arbiter
was medically rep
Labor Arbiter denied the Motion to Dismiss citing Section 10 of Republic Act
No. 8042 (Overseas Migrant Workers Act) which vests in Labor Arbiters
jurisdiction on claims of overseas contract workers. Vessel filed a petition for injunction before
the NLRC. The NLRC ruled t
On appeal by the seafarer to the Court of Appeals, the Court of Appeals upheld the ruling of the NLRC. In the words of Justice Villarama Jr.:
the present case, the dismissal of the complaint for payment of disability
benefits, sickness allowance, moral and exemplary damages, and attorney’s fees
by the petitioner, a Filipino seaman who is a member of the AMOSUP, based on
lack of jurisdiction of the Labor Arbiter is Section 29 of the POEA Amended
Standard Employment Contract. Said
provision provides for referral to voluntary arbitrators or panel of
arbitrators in case the parties are covered by
collective bargaining agreements such as herein petitioner. Considering t
Gozarin vs. NLRC, et.al., CA-G.R. SP NO. 88957, May 03, 2005 (Justice Martin S. Villarama, Jr., Twelfth Division, Court of Appeals)
Note: Attys. Herbert Tria and Catherine Mangahas of Del Rosario & Del Rosario handled case for respondent vessel interests.
T. Del Rosario is managing partner of Del Rosario & Del Rosario. He
is former president of the Maritime Law Association of the
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