SC: 1998 PAL retrenchment legal

The Supreme Court (SC), as a full court, reversed its 2008 division ruling as it affirmed the 2006 decision of the Court of Appeals (CA) which upheld the legality of the 1998 retrenchment of about 1,400 flight attendants and stewards of the Philippine Airlines (PAL).

In a 55-page resolution written by Justice Lucas P. Bersamin, the SC ruled it: “GRANTS the Motion for Reconsideration of the Resolution of October 2, 2009 and Second Motion for Reconsideration of the Decision of July 22, 2008 filed by the respondents Philippine Airlines, Inc. and Patria Chiong;

“DENIES the Motion for Reconsideration (Re: The Honorable Court's Resolution dated March 13, 2012) filed by the petitioner Flight Attendants and Stewards Association of the Philippines; “SETS ASIDE the (SC) decision dated July 22, 2008 and resolution dated October 2, 2009; and

“AFFIRMS the decision of the Court of Appeals dated August 23, 2006.”

In its 2006 decision, the CA ruled in favor of PAL in the retrenchment of about 1,400 flight attendants and stewards as a measure to counter financial losses of about RP90.6 billion.

‘Dead resurrected’ The SC’s reversal of its earlier ruling shocked the Federation of Free Workers (FFW).

“The FFW is shocked to know that a final and executory decision in favor of workers has been reversed by the SC,” FFW President Sonny Matula said in a statement.

“This is shocking to the conscience and contrary to the basic principles of labor law and social justice which we learned in law school,” he added.

Matula said they are one with Justice Marvic Leonen in his dissenting opinion that the recent Supreme Court’s decision declaring as legal the retrenchment of some 1,400 flight attendants and stewards of the Philippine Airlines (PAL) in 1998 “involves the miraculous resurrection of the dead.”

“The SC en banc abandoned its October 2, 2009 decision that affirmed with finality its July 22, 2008 ruling declaring as illegal the dismissal of PAL employees and members of the Flight Attendants and Stewards Association of the Philippines (FASAP),” he said.

“The decision in 2009 attained finality on Nov. 4, 2009 and once it attained finality, no other pleadings will be entertained by the high court, but this is scandalous to the highest degree, as the final order was reopened with alacrity by a mere letter,” Matula added.