|
Tuesday, December 27, 2005
Court awards P33M to workers of bankrupt shipping company
After a struggle that lasted 13 years, it was victory at last for the former employees of the bankrupt Sandoval Shipyard Inc.
The National Labor Relations Commission (NL-RC) has ordered that the former employees be paid P33 million in separation pay and given the right to strip the firm of properties in case it cannot pay them.
Hollow triumph
But it was a hollow triumph, said lawyer Edmund Lao, counsel for the employees.
A group reportedly sent by Cebu Provincial Police Chief Vicente Loot allegedly broke into the shipyard’s facility in Barangay Tayud, Consolacion and took with them equipment and other items.
But lawyer Janeses Ponce, representing businessman Vicente Sandoval, said the items recovered were not owned by the shipyard, so they were not covered by Labor Arbiter Julie Rendoque’s writ of execution.
Properties
Although he didn’t represent the firm in the case, having been hired only to secure properties not covered in the writ, Ponce said the employees have already taken possession of three titled properties belonging to the firm.
“Sandoval shipyard only occupies a part of the complex in Consolacion. There are other locators. The employees cannot lay claim to the properties belonging to the locators. They can only lay claim to properties owned by Sandoval Shipyard,” Ponce said.
He confirmed that Loot, husband of Daanbntayan Mayor Ma. Luisa Loot, owns a company located inside the facility and said Loot’s company probably owned the properties being referred to.
But Lao, reached through his mobile phone, said the materials obtained were subject of levy and that Loot used his “police powers to violate the law.”
Threatened
He said Loot sent police operatives to escort employees who were carting items from the facility. He said claimants who tried to stop the items from being taken were threatened. He said they are now preparing the necessary cases against the police officials.
“He claims interest over thousands of pesos worth of engines subject of levy. Loot never filed any third-party claim at the NLRC,” Lao said.
Ponce said not all properties belong to the Sandoval Shipyard.
“There are several contracts in the compound and one of them is Col. Loot’s. These contractors have properties inside the compound that do not belong to the Sandoval Shipyard. Clearly, the workers have no right over these properties,” Ponce said.
“In cases like this, the employees may have won. But, the grant given to them is a specific amount. Once they have obtained that much, they can no longer get anything else. They already have the three parcels of land,” Ponce said.
A total of 90 employees, led by Prisco Pepito, filed the labor case against Sandoval Shipyard before the NLRC 13 years ago.
The case reached the Supreme Court, which said the firm could either reinstate the employees or pay them back wages.
The firm filed a motion for reconsideration but was denied.
The labor court fixed at P33,152,415 the firm’s liability in a March 24, 2003 ruling. The NLRC excluded Vicente Sandoval from liability over the claims. (KNR)
(December 27, 2005 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
