This case has been cited 1 times or more.
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2001-03-26 |
BUENA, J. |
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| In this connection, petitioners' attempt to put respondent in estoppel in assailing the arbitration clause must be struck down. For one, this issue of estoppel, as likewise noted by the Court of Appeals, found its way for the first time only on appeal. Well-settled is the rule that issues not raised below cannot be resolved on review in higher courts.[31] Secondly, employment agreements such as the one at bar are usually contracts of adhesion. Any ambiguity in its provisions is generally resolved against the party who drafted the document. Thus, in the relatively recent case of Phil. Federation of Credit Cooperatives, Inc. (PFCCI) and Fr. Benedicto Jayoma vs. NLRC and Victoria Abril,[32] we had the occasion to stress that "where a contract of employment, being a contract of adhesion, is ambiguous, any ambiguity therein should be construed strictly against the party who prepared it." And, finally, respondent Zosa never submitted himself to arbitration proceedings (as there was none yet) before bewailing the composition of the panel of arbitrators. He in fact, lost no time in assailing the "arbitration clause" upon realizing the inequities that may mar the arbitration proceedings if the existing line-up of arbitrators remained unchecked. | |||||