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Grotjahn Vs Judge Isnani - Sebastian
Grotjahn Vs Judge Isnani - Sebastian
ISNANI, ET AL
FACTS:
Georg Grotjahn & Co. (multinational company organized and existing under the laws of
the Federal Republic of Germany) impugns the dismissal of its Complaint for a sum of
money by Hon. Isnani (Presiding Judge of RTC, Makati) for lack of jurisdiction and lack
of capacity to sue.
It was registered on September 1983; the Company was issued a COR by SEC and a
License by BOI for the establishment of a regional or area headquarters in the
Philippines.
Romana R. Lanchinebre was a sales representative in the company from 1983 to 1992.
1. On March 1992, secured a loan P25,000
2. On June 1992, additional cash advances P10,000
A total of P12,170.37 remained unpaid and failed to settle obligation despite demand by
the company.
On July 1992, Romana filed a complaint for illegal suspension, dismissal and non-
payment of commissions against petitioner with the NLRC in Manila.
Judge Isnani granted a motion to dismiss with the case stating that:
Jurisdiction over the subject matter or nature of the action is conferred by law and not
subject to the whims and caprices of the parties.
Under Article 217 of the Labor Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the
submission of the case by the parties for decision, to:
(4) claims for actual, moral, exemplary and other forms of damages arising from an
employer-employee relation.
In this case, the company seeks to recover Cash Advances made by Romana while still
employed and hence made pursuant to a EE Relationship between them. As such
NLRC has original and exclusive jurisdiction.
ISSUE:
Whether or not RTC erred in holding that regular courts have no jurisdiction over this
case with purely issues with General Civil Law.
RULING:
YES. RTC has jurisdiction over this case.
It is true that the collection of money sough to be recovered by the Company were
contracted by Romana while still in the employ of the later. Still does not follow that
Labor Code covers their relationship and the issue at hand.
Not all dispute between an EE involves matters that LA and NLRC can resolve in the
exercise of their adjudicatory or quasi-judicial powers.
It was held further that it is limited to disputes arising from an EE Relationship which can
only be resolve by reference of the LC, Labor Statutes or CBAs.
CONCLUSION:
In this case, the Civil Case filed with the RTC is a simple collection of sums of money
brought by the Company as the creditor, against Romana as debtor.
The relationship is immaterial and does not negate the jurisdiction of the RTC.
Hence, the case can be resolve with our civil laws on obligation and contract and not by
our LC.