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    PAL V NLRC (1988)

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    Patricia Gonzaga
    Case Digest for Philippine Airlines v. NLRC (March 20, 1988) Specific Issue(s): Definition of Labor Dispute, Injunctive Relief Art. 212 of the Labor Code

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    PAL V NLRC (1988)

    Uploaded by

    Patricia Gonzaga
    198 views2 pages
    Case Digest for Philippine Airlines v. NLRC (March 20, 1988) Specific Issue(s): Definition of Labor Dispute, Injunctive Relief Art. 212 of the Labor Code

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    PAL v NLRC (1988)

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    Case Digest for Philippine Airlines v. NLRC (March 20, 1988) Specific Issue(s): Definition of Labor Dispute, Injunctive Relief Art. 212 of the Labor Code

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    198 views2 pages

    PAL V NLRC (1988)

    Uploaded by

    Patricia Gonzaga
    Case Digest for Philippine Airlines v. NLRC (March 20, 1988) Specific Issue(s): Definition of Labor Dispute, Injunctive Relief Art. 212 of the Labor Code

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PHILIPPINE AIRLINES, INC., vs.

    , NATIONAL LABOR RELATIONS COMMISSION,


    FERDINAND PINEDA and GODOFREDO CABLING
    G.R. No. 120567 March 20, 1998
    MARTINEZ, J.

    DOCTRINE:
    The term "labor dispute" is defined as "any controversy or matter concerning terms and
    conditions of employment or the association or representation of persons in
    negotiating, fixing, maintaining, changing, or arranging the terms and conditions of
    employment regardless of whether or not the disputants stand in the proximate relation
    of employers and employees."

    KEYWORDS:
    Labor Dispute, Injunction, Flight Stewards, Currency Smuggling

    FACTS:
    Private respondents are flight stewards of the petitioner. Both were dismissed from the
    service for their alleged involvement in currency smuggling in Hong Kong.

    Aggrieved by said dismissal, private respondents filed with the NLRC a petition for
    injunction praying that a temporary restraining order be issued, prohibiting PAL from
    effecting or enforcing the Decision dated Feb. 22, 1995, or to reinstate petitioners
    temporarily while a hearing on the propriety of the issuance of a writ of preliminary
    injunction is being undertaken.

    The NLRC issued a temporary mandatory injunction.

    PAL moved for reconsideration arguing that the NLRC erred in granting a temporary
    injunction order when it has no jurisdiction to issue an injunction or restraining order
    since this may be issued only under Article 218 of the Labor Code if the case involves
    or arises from labor disputes.

    ISSUE:
    Is there a labor dispute between the petitioners and private respondent to entitle the
    latter to injunctive relief?

    RULING:
    NONE. In labor cases, Article 218 of the Labor Code empowers the NLRC to enjoin or
    restrain any actual or threatened commission of any or all prohibited or unlawful acts or
    to require the performance of a particular act in any labor dispute which, if not restrained
    or performed forthwith, may cause grave or irreparable damage to any party or render
    ineffectual any decision in favor of such party; x x x."

    The foregoing ancillary power may be exercised by the Labor Arbiters only as an
    incident to the cases pending before them in order to preserve the rights of the
    parties during the pendency of the case, but excluding labor disputes involving strikes or
    lockout.

    From the foregoing provisions of law, the power of the NLRC to issue an injunctive writ
    originates from "any labor dispute" upon application by a party thereof, which
    application if not granted "may cause grave or irreparable damage to any party or
    render ineffectual any decision in favor of such party."

    The term "labor dispute" is defined as "any controversy or matter concerning terms and
    conditions of employment or the association or representation of persons in
    negotiating, fixing, maintaining, changing, or arranging the terms and conditions of
    employment regardless of whether or not the disputants stand in the proximate relation
    of employers and employees."

    The term "controversy" is likewise defined as "a litigated question; adversary proceeding
    in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute."

    A "justiciable controversy" is "one involving an active antagonistic assertion of a legal
    right on one side and a denial thereof on the other concerning a real, and not a mere
    theoretical question or issue."

    Taking into account the foregoing definitions, it is an essential requirement that there
    must first be a labor dispute between the contending parties before the labor arbiter. In
    the present case, there is no labor dispute between the petitioner and private
    respondents as there has yet been no complaint for illegal dismissal filed with the labor
    arbiter by the private respondents against the petitioner.

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