Friday, October 27, 2006
Ludo firm's P18.8 million in banks 'seized'
By Allan I. Varquez
CEBU CITY -- After 10 years, 37 ex-company guards of the Ludo and Luym Oleochemical Corp. won their claim for back wages from their former employer.
The Court of Appeals declared illegal their dismissal from service in September 1996 and ordered the company to pay them a total of P20,468,235.
The decision of the CA's 10th Division reversed the March 20, 1998 ruling of Arbiter Dominador Almirante of the National Labor Relations Commission (NLRC), which dismissed their complaint for lack of merit.
The sheriff served Thursday the writ of execution that the NLRC issued last Aug. 11, 2006, but the company's personnel manager, Anthony Paray, refused to receive it.
He pointed out he represents Ludo and Luym Corp., a separate entity from the Ludo and Luym Oleochemical Corp.
The complainants, lawyer Lourdesita Agravante and the sheriff went to the firm's legal division at Centrepoint Hotel and served the writ of execution and garnishment order for the firm's account in six banks, namely, RCBC, United Coconut Planters Bank, Metrobank, Equitable Bank, China Bank and I Bank.
Agravante said they will wait one or two weeks for these banks' officials to confirm if Ludo maintains an account with them.
"We will have another option if there are no accounts, and that will be a surprise for them," she said.
Ludo, one of Asia's leading exporters of coconut oil, dissolved its security department in September 1996 as part of its austerity measures.
The security guards filed a complaint for illegal termination at the NLRC's Regional Arbitration Branch.
Almirante dismissed their complaint for lack of merit. Upon appeal, the NLRC's Fourth Division upheld Almirante's ruling on Jan. 19, 1999.
The guards filed a motion for reconsideration, but again lost.
Ernesto Tunacao, one of the retrenched guards, said it was the prodding of their former counsel, the late Gamelo Fajardo, that compelled them to bring the fight to the Court of Appeals.
The appeals court reversed the NLRC's decision and ordered the firm to award the complainants P20.4 million.
However, the NLRC modified in its writ of execution the amount of award, now placed at P18.8 million, excluding the P187,722 in execution fees and a deposit fee of P94,121,08. (Sun.Star Cebu)
(October 27, 2006 issue)
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