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Emphasis supplied.
Italics supplied.
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Rosario
G.
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ART. IX, B, Sec. 2(3) and as regards private employment, ART. XII,
Sec. 3 inter alia provides that all workers shall be entitled to security of
tenure, humane conditions or work, and a living wage. x x
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Dario v. Mison, G.R. No. 81954 (and G.R. Nos. 81967, 82023, 83737,
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man and the four (4) remaining members shall come from the
public sector, with the latter to be chosen from among the
recommendees of the Secretary of Labor and Employment.
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But of those first appointed, three were to hold office for four (4) years
and another three, for two (2) years, without prejudice to reappointment.
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A. Qualifications
The old law provided for one hundred fifty (150) labor
arbiters assigned to the different regional offices or
branches of the Department of Labor and Employment
(including subregional branches or provincial extension
units), each regional branch being headed by an Executive
Labor Arbiter. RA 6715 does not specify any fixed number
of labor arbiters, but simply provides that there shall be as
many labor arbiters as may be necessary for the effective
and efficient operation of the Commission. The old law
declared that Executive Labor Arbiters and Labor Arbiters
should be members of the Bar, with at least two (2) years
experience in the field of labor management relations. They
were appointed by the President upon recommendation of
the Chairman, and were subject to the Civil Service Law,
rules and regulations.
On the other hand, RA 6715 requires that the
Executive Labor Arbiters and Labor Arbiters shall
likewise be members of the Philippine Bar, but in addition
must have been in the practice of law in the Philippines
for at least seven (7) years, with at least three (3) years
experience or exposure in the field of labormanagement
relations. For purposes of reappointment, however,
incumbent Executive Labor Arbiters and Labor Arbiters
who have been engaged in the practice of law for at least
five (5) years may be considered as already qualified. They
are appointed by the President, on recommendation of the
Secretary of Labor and Employment, and are subject to the
Civil Service Law, rules and regulations.
B. Exclusive Original Jurisdiction
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Article 217 of the Labor Code, as amended, has been held to be sufficiently
comprehensive to include claims for moral and exemplary damages
resulting from illegal dismissal. Primero v. IAC, 156 SCRA 435 Sagmit v.
Subido, 133 SCRA 359 Getz. v. CA, 116 SCRA 86 Cardinal Industries v.
Vallejos, 114 SCRA 47 Aguda v. Vallejos, 113 SCRA 69 PepsiCola
Bottling Co. v. Martinez, 112 SCRA 578.
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10
1975.
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