Principle of adherence of jurisdiction & curative or remedial statute

We have recognized an exception to the rule that where a court has already obtained and is exercising jurisdiction over a controversy, its jurisdiction to proceed to the final determination of the case is not affected by new legislation transferring jurisdiction over such proceedings to another tribunal. This exception is when the change in jurisdiction is curative in character. Thus, this Court gave retroactive effect to P.D. No. 1691 which substantially re-enacted Article 217 of the Labor Code after the latter was amended by P.D. No. 1367 by, inter alia, removing from the enumeration of cases falling under the exclusive jurisdiction of Labor Arbiters money claims arising from employer-employee relations. If this were so, then it is with more reason that the provision of the 1991 POEA Rules and Regulations vesting upon the Secretary of Labor jurisdiction over motions for reconsideration (to be treated as petitions for review) should be given retroactive effect, not only because it is a rule of procedure, but also because it is remedial or curative since the 1985 POEA Rules and Regulations is unclear as to the agency which shall resolve such motions. Section 18, Rule VI of Book II of the latter merely states that a motion for reconsideration of an order of suspension or an appeal to the Minister (Secretary) from an order cancelling a license or authority may be entertained only when filed with the LRO within ten (10) working days from service of the order or decision. Office Order No. 3, Series of 1991, dated 14 November 1991 and issued by POEA Adjudication Office Director Jaime P. Jimenez, ordering all Hearing Officers of the Adjudication Office to resolve on or before the end of November 1991 all pending motions for reconsideration filed prior to the effectivity of the 1991 POEA Rules and Regulations provided no authority for respondent Joson to resolve on 10 February 1994 Hisham's motion to reconsider the Order of 20 November 1990. [G.R. No. 114132. November 14, 1996]