Tuesday, April 08, 2008 Portworkers coop files damages vs PCBSI
THE Dumaguete Portworkers Integrated Multi-purpose Cooperative (Dupimuco) has filed a damage suit against the Prudential Customs Brokerage Services, Incorporation (PCBSI) for the alleged baseless and malicious accusation against the union.
This is in connection with the injunction case filed by PCBSI against the striking port workers of the Associated Labor Union-Trade Union Congress of the Philippines before the 4th Division of the National Labor Relations Commission (NLRC) in Cebu City.
In its petition for injunction, PCBSI General Manager Rommel Ibuna accused Dupimuco, represented by labor consultant Felizardo Calimpong, of staging a mass rally at the entry and exit gates of the port.
NLRC Commissioner Aurello Menzon issued the temporary restraining order (TRO) against the cooperative on March 28, 2008.
With this, the cooperative, through its legal counsel Ernesto Carreon, believed that PCBSI is liable for damages.
"By virtue of the erroneous issuance of the TRO as a result of the false allegations of the petitioners and also by reason of the filing of the baseless and malicious petition, the respondent (Dupimuco) particularly the individual respondents suffered mental anguish, fright and besmirched reputation, hence, the petitioner (PCBSI) should be condemned to pay moral and exemplary damages," read a five-page petition filed before NLRC Cebu City.
The petitioners has asked the commissioners that the P50,000 cash bond of PCBSI in the issuance of TRO will be forfeited in favor of the cooperative.
Another P20,000 attorney's fees will be paid by PCBSI in favor of the cooperative.
Motion to dismiss
Meanwhile, Carreon has asked the NLRC in Central Visayas to dismiss the injunction case against the cooperative on the grounds that it has no jurisdiction over the case and the PCBSI have no cause of action against cooperative.
"The respondent did not stage a strike nor made concerted mass action as perjuriously alleged by the petitioners," stated in the motion for dismissal.
It also explained that Cipres Stevedoring and Arrastre, Incorporation Employees Union-ALU-TUCP is a legitimate labor organization.
"There is no basis for the respondent to stage a strike or to engage a mass action as it is indeed true, as contented by the petitioners," it added.
It also explained that there is no labor dispute between the cooperative and PCBSI.
"Accordingly, there is absolute no strike or mass action of the respondent which can be enjoined by the Honorable Commission," it stated.
Null and void
The cooperative counsel argued that since NLRC has no jurisdiction over the case, the issued TRO is a total nullity.
"Beside, the TRO appears to be not enforceable because it does not contain what are the acts to be restrained and who are the persons to be prevented or enjoined from committing the said acts," the petition argued.(VLC)
