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*
No. L-65505. October 12, 1987.
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* SECOND DIVISION.
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PARAS, J.:
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The case was remanded to the trial court for further pro
ceedings. Unfortunately fire destroyed the sala wherein the
entire records of Civil Case No. 117708 were kept.
However, the records of the case were reconstituted on
January 21,1982 and the case was renumbered as Civil
Case No. 82-1324. ThereOn January, 1983, judicial
reorganization took place by the passage of Executive
Order No. 864 and the case at bar was 82-1324 declaring
that it lacked jurisdiction over the subject after, respondent
Philamgen filed its Answer to the complaint. re-raffled to
respondent Regional Trial Court of Manila, which was
presided over by Judge David G. Nitafan. Respondent court
motu proprio dismissed the complaint in Civil Case No.
matter, being money claims arising from employer-
employee relations. Motion for reconsideration filed by
petitioners was denied by respondent judge. Hence, this
petition for certiorari with the following:
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"ASSIGNMENTS OF ERROR
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"Even before receiving the views of the parties, however, this Court
has decided to proceed with and resolve the issue of jurisdiction
motu proprio, for the same is so basic as to affect the validity and
propriety of any and all proceedings in this case.
"1. It is the perception of this Court that the jurisdictional issue
decided and settled in G.R. No. 50563 cannot be considered as the
law of the case insofar as this proceeding now pends before this
Court. What was there put to rest was the jurisdiction of the Court
of First Instance.
"Section 1 of Executive Order No. 864 provides that the Courts of
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and decide within thirty (30) working days after submission of the case
by the parties for decision, the following cases involving all workers,
whether agricultural or non-agricultural:
(This article of the Labor Code was originally Article 216 of PD 442,
but subsequently renumbered to Art. 217, amended
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'Pending the final determination of the merit of money claim filed with
the appropriate entity, no civil action arising from the same cause of
action shall be filed with any court. x x'
"We are not unmindful of the fact that G.R. No. 50563 was
decided by the highest Court on the basis of the provisions of Article
217 of the Labor Code, as amended by BP 1367, which took effect on
1 May 1978, but as heretofore indicated, subsequent amendments of
the same provision took place. In said decision in G.R. No. 50563,
mention was made of the amendment brought about by PD 1367
having been given retroactive application. Following this rule of
retrospective application, we can not see any reason why the
subsequent amendment to Article 217 of the Labor Code, brought
about by PD 1691 (1 May 1980), BP Blg. 130 (21 August 1981) and
BP Blg. 227 (1 June 1982) may not also be applied to this action
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"In all cases not within the exclusive jurisdiction of any court,
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denied.
·oOo·
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