NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?

The legal brief raises a timely concern against the doctrine of prior resort where courts cannot decide a legal controversy within the jurisdiction of administrative tribunals until the latter's exercise of their expertise in resolving technical and intricate matters. The National Labor Relatio...

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Main Author: Caraan, Hilario S.
Format: text
Published: Animo Repository 2012
Subjects:
Law
Online Access:https://animorepository.dlsu.edu.ph/faculty_research/13421
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Institution: De La Salle University
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spelling oai:animorepository.dlsu.edu.ph:faculty_research-151632024-11-13T06:51:45Z NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy? Caraan, Hilario S. The legal brief raises a timely concern against the doctrine of prior resort where courts cannot decide a legal controversy within the jurisdiction of administrative tribunals until the latter's exercise of their expertise in resolving technical and intricate matters. The National Labor Relations Commission (NLRC) is one of these tribunals entrusted by law to exercise such quasi-judicial authority in view of its expertise on employer-employee relations.When administrative jurisdiction is assumed by the NLRC, whether correctly or erroneously, litigants become duty-bound to respect its processes. However, when counts finally declare these administrative tribunals to be wanting of jurisdiction they assumed, litigants necessary suffer the consequences of either their inadvertence of maladministration of justice. No matter how it is called, the reversed and the forthcoming legal processes undeniably remain to be at the expense of litigants' limited resources. But no matter how it is called, the primordial consideration in the doctrine of prior resort is still their supposed administrative technical expertise.Nevertheless, no matter how it is called, the governance issue remains to be "Who shall guard the judicial guardians?" The brief has unequivocally demonstrated that efficient administration of justice requires continuous updating by quasi-judicial officers of their knowledge of the laws and regulations they are supposed to interpret. As the researcher-presentor raises the issue, he acknowledges the fact that while Philippine laws and procedures have the ready answers, the public have yet to feel the solution.The legal brief attempts to persuade the Supreme Court of the Philippines that both the Labor Artbiter and the NLRC have committed serious blunders on the well-entrenched principle that they have no jurisdiction over intra-corporate controversies, and that their vehement assumption of jurisdiction on the case discloses an infirmity on the doctrine of prior resort. 2012-10-05T07:00:00Z text https://animorepository.dlsu.edu.ph/faculty_research/13421 Faculty Research Work Animo Repository Justice, Administration of--Philippines Jurisdiction--Philippines Philippines. National Labor Relations Commission Jurisdiction Law
institution De La Salle University
building De La Salle University Library
continent Asia
country Philippines
Philippines
content_provider De La Salle University Library
collection DLSU Institutional Repository
topic Justice, Administration of--Philippines
Jurisdiction--Philippines
Philippines. National Labor Relations Commission
Jurisdiction
Law
spellingShingle Justice, Administration of--Philippines
Jurisdiction--Philippines
Philippines. National Labor Relations Commission
Jurisdiction
Law
Caraan, Hilario S.
NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?
description The legal brief raises a timely concern against the doctrine of prior resort where courts cannot decide a legal controversy within the jurisdiction of administrative tribunals until the latter's exercise of their expertise in resolving technical and intricate matters. The National Labor Relations Commission (NLRC) is one of these tribunals entrusted by law to exercise such quasi-judicial authority in view of its expertise on employer-employee relations.When administrative jurisdiction is assumed by the NLRC, whether correctly or erroneously, litigants become duty-bound to respect its processes. However, when counts finally declare these administrative tribunals to be wanting of jurisdiction they assumed, litigants necessary suffer the consequences of either their inadvertence of maladministration of justice. No matter how it is called, the reversed and the forthcoming legal processes undeniably remain to be at the expense of litigants' limited resources. But no matter how it is called, the primordial consideration in the doctrine of prior resort is still their supposed administrative technical expertise.Nevertheless, no matter how it is called, the governance issue remains to be "Who shall guard the judicial guardians?" The brief has unequivocally demonstrated that efficient administration of justice requires continuous updating by quasi-judicial officers of their knowledge of the laws and regulations they are supposed to interpret. As the researcher-presentor raises the issue, he acknowledges the fact that while Philippine laws and procedures have the ready answers, the public have yet to feel the solution.The legal brief attempts to persuade the Supreme Court of the Philippines that both the Labor Artbiter and the NLRC have committed serious blunders on the well-entrenched principle that they have no jurisdiction over intra-corporate controversies, and that their vehement assumption of jurisdiction on the case discloses an infirmity on the doctrine of prior resort.
format text
author Caraan, Hilario S.
author_facet Caraan, Hilario S.
author_sort Caraan, Hilario S.
title NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?
title_short NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?
title_full NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?
title_fullStr NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?
title_full_unstemmed NLRC's assumption of jurisdiction on an intra-corporate controversy: A prior resort fallacy?
title_sort nlrc's assumption of jurisdiction on an intra-corporate controversy: a prior resort fallacy?
publisher Animo Repository
publishDate 2012
url https://animorepository.dlsu.edu.ph/faculty_research/13421
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