Halaguena, et. al. vs Philippines Airlines, Inc.
GR No. 172013
October 2, 2009
FACTS:
Petitioners were employees as flight attendants of respondent PAL. They were members of Flight Attendants and Stewards Association of the Philippines (FASAP). The petitioners manifested that the CBA provision on the compulsory retirement (female 55 y.o; male 60 y.o) was discriminatory. They filed a special civil action for declaratory relief with a prayer for the issuance of TRO and writ of preliminary injunction with the RTC. The RTC issued an order enjoining the respondent for implementing Sec 144 of the CBA . Respondents filed a petition for certiorari before the CA praying that the order of RTC be annulled and set aside for having issued without and/or grave abuse of discretion amounting to lack or excess of jurisdiction. The CA granted, declaring RTC to have no jurisdiction over the case. Hence this petition.
ISSUE:
Whether the RTC has jurisdiction over petitioners' action challenging the legality or constitutionality of the provisions on compulsory retirement age contained in the CBA between PAL and FASAP.
RULING:
Yes, RTC has jurisdiction. From
the petitioners' allegations and relief prayed for, it is clear that the issue
raised is whether the Sec 144 part A of the PAL-FASAP CBA is unlawful and
unconstitutional. Here, the petitoners‘ primary relief is the annulment of the
Sec 144 Part A which allegedly discriminates against them for being female
flight attendants. The subject of the litigation is incapable of pecuniary
estimation, exclusively cognizable by the RTC, pursuant to Sec 19 of BP 129, as
amended. Being an ordinary action, the same is beyond the jurisdiction of labor
tribunals. The said issue cannot be solved solely applying the LC. Rather, it
requires the application of Constitution, labor statues, law on contracts and
the convention on the elimination of all forms of discrimination against women,
and the power to apply and interpret the constitution and CEDAW is within the
jurisdiction of trial court, a court of general jurisdiction.
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