October 11, 2011 STATEMENT SUPREME COURT RECALL OF DECISION FAVORING 1,400 PAL FLIGHT ATTENDANTS IS A NAKED POWER PLAY – This paves the way for a possible reversal of the case. The Supreme Court resolution RECALLING its previous Decision regarding the illegal retrenchment of 1,400 flight attendants from the Lucio Tan led PAL on a mere letter from high profile lawyer Atty. Estelito Mendoza is a vicious stab at the lives of the victims of this tragic and illegal retrenchment way back in 1998. It is the height of judicial insensitivity and arrogance. For more than 13 years, FASAP has fought for justice, bearing all kinds of delays and other legal manoeuvres thrown against the flight attendants. For so long, the rights and privileges of 1,400 people have been wrongfully withheld. The lives of the flight attendants were ruined after they were unjustly and illegally thrown out of their livelihood. Some lost their homes, some of their children had to stop attending school, and personal relationships were also affected as the trauma of losing one’s employment took a toll on their lives. Their pain and suffering is immeasurable. Many have also died while the case was being heard. It will be recalled that in July 22, 2008, the Supreme Court ruled in favor of FASAP declaring illegal the retrenchment of 1,400 flight attendants. On August 20, 2008, PAL filed a motion for reconsideration. PAL lawyer Estelito Mendoza also entered as collaborating counsel for PAL. On October 2, 2009, the High Court ruled again in favor of the flight attendants and said that the ruling was final and that no other pleadings will be entertained. However, on January 2, 2011, PAL still refused to respect the SC decision and filed a Second Motion for Reconsideration. 2nd Motions for Reconsiderations are considered “prohibited pleadings”. Still, the SC entertained the motion. But then on September 7, 2011, the Supreme Court resolved to deny PAL’s 2nd Motion for Reconsideration and ruled with finality, in favor of FASAP. In the very words of the SC, “(t)o conclude, the rights and privileges the PAL unlawfully withheld from its employees have been in dispute for a decade and a half. Many of these employees have since then moved on, but the arbitrariness and illegality of PAL’s actions have yet to be rectified. This case has dragged on for so long and we are now more than duty-bound to finally put an end to the illegality that took place; otherwise, the illegally retrenched employees can rightfully claim that this Court has denied them justice.” However, in a most shocking and baffling move, the Supreme Court recalled the September 7, 2011 Ruling based on a mere letter from PAL lawyer ESTELITO MENDOZA. How can a mere letter from MENDOZA cause a recall of such a monumental Supreme Court Decision involving the lives of 1,400 people?! What compelling reason justified the Supreme Court recall??? Under Art.8, Section 14 of the Philippine Constitution. “no decision shall be rendered by court without expressing herein clearly and distinctly the facts and the law on which it is based.” Yet, the en banc SC resolution recalling its previous decision did not bother to say the reason for the recall even as the same affects the substantive rights and lives of 1400 illegally retrenched workers and their families. On the other hand, the SC Spokesperson merely cited Internal rules of the high court and technicalities, based on “Letters” of Atty. Mendoza. As if by a mere stroke of a magic wand, the case, which had already been decided THREE TIMES by the Supreme Court, has now been re-opened. This paves the way to a possible reversal of the case. This is unprecedented and highly anomalous, the “Honorable” justices of the Supreme Court should be held accountable for this naked power play.
Posted on: Mon, 08 Jul 2013 02:39:03 +0000
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