Professional Documents
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Raja Humabon Inc vs. CA
Raja Humabon Inc vs. CA
Raja Humabon Inc vs. CA
*
G.R. Nos. 100222-23. September 14, 1993.
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_______________
* THIRD DIVISION.
395
MELO, J.:
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397
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398
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If the amount involved does not exceed P5,000.00 the Regional Director
undeniably has jurisdiction. But even if the amount of the claim exceeds
P5,000.00 the claim is not on that account necessarily removed from the
Regional Directors competence. In respect thereof, he may still exercise
the visitorial and enforcement powers vested in him by Article 128 of the
Labor Code, as amended, supra; that is to say he may still direct his labor
regulations officers or industrial safety engineers to inspect the
employers premises and examine his records; and if the Officers should
find that there have been violations of labor standards provisions the
Regional Director may, after due notice and hearing, order compliance by
the employer therewith and issue writ of execution to the appropriate
authority for the enforcement thereof.
399
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400
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401
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Republic Act No. 6715, like its predecessors, Executive Order No.
111 and Article 217, as amended, has retroactive application.
Thus, when this new law divested Regional Directors of the power
to bear money claims, the divestment affected this particular
case. (Note that under par. 6, where the claim does not exceed
P5,000.00, regional directors have jurisdiction)
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It now appears that at the time this case was decided the lower court had
jurisdiction over Velascos complaint although at the time it was filed
said court was not clothed with such jurisdiction. The lack of jurisdiction
was cured by the issuance of the amendatory decree which is in the
nature of a curative statute with retrospective application of a pending
proceeding,
403
(P5,000.00).
404
405
statement.
406
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o0o
408
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