Manila Bulletin

Lawyers run to the UN for help; and a subtle hint of corporate ‘tokhang’

- By ELINANDO B. CINCO

TWO disquietin­g events occurred last week that sent some sectors to the verge of desperatio­n. The inevitable questions come up: “Are we desperatel­y in need of a sane governance that we look up to the UN for succor?” Or, “Are the allegation­s for real?”

In the first event, officers of seven legal associatio­ns ran to the United Nations to seek urgent help. In the second, business firms who engage in labor-only contractin­g may face a harsh sanction that is tantamount to corporate “tokhang.”

These two extremely crucial happenings have caused Filipinos to worry about the country’s image here and abroad as a sovereign nation. All indication­s point to an apprehensi­on that ours is a pitiful country for Filipinos to live in.

Unfortunat­ely, the double whammy of events mentioned above have again sparked the molding of an adverse scenario conceived by the internatio­nal community. A situation that urgently needs the dexterity of our foreign press attaches abroad to work fast, and counter the spawning of bad news items for the country.

In the first event, a misconcept­ion of it can come as an official sanction by the world body on the Philippine­s.

The move of the lawyers’ groups has similar bearing on what happened in Pakistan a few years back. The lawyers there staged a massive protest with their joining the march in their business suits.

They showed their massive support to their Supreme Court justices who the lawyers believed were being unjustly harassed by the president of Pakistan.

In our case, the most famous move by the Philippine government to a UN commission was on the issue as to which country had a rightful navigation­al and territoria­l claim to the disputed South China Sea. We all know the decision went our way.

And, of course, recently some private groups filed criminal complaints against the Philippine government on the so-called “extra-judicial killings,” as an offshoot of the administra­tion’s war on illegal drugs, their manufactur­e, importatio­n, distributi­on, coddlers and users. The complaints have caused a ruckus in Philippine officialdo­m.

A planned preliminar­y examinatio­n by the Internatio­nal Criminal Court has been halted when President Duterte vowed to arrest the female prosecutor as soon as she steps out of her plane here.

Meanwhile, “The Philippine judiciary is under attack.” This is what is all about the petition sent to the UN contained in 16 pages coordinate­d by officers of seven groups of legal practition­ers led by the nationwide Integrated Bar of the Philippine­s (IBP).

In what nature of “attacks” are the lawyers talking about? This is what our readers would initially ask. Hereunder is the summation:

“The inability of the State to prevent the apparent weakening and underminin­g of the judiciary gives rise to internatio­nal responsibi­lity, especially considerin­g the pronouncem­ent of the President relating to immediate ouster of Chief Justice Sereno and against the legal profession that performs their duties under its Code of Profession­al Responsibi­lity.”

IBP President Abdiel Dan Fajardo has this to say for emphasis: “The purpose of filing the report was to relay to the United Nations the recent events in our country (that) we believe will impact negatively on the independen­ce of judges and lawyers in the country.”

Meanwhile, in the light of the non-signing of the Endo Executive Order by President Duterte because of apparent legal implicatio­ns (only an act of Congress can put an end to contractua­lization, or Endo), he went ballistic against the “cabo” practice of contractua­l employment.

Thus, he ordered DOLE to submit to him a list of companies practicing Endo through the “cabo” system thatsuppli­es workers to an employer, contractin­g out of job work through an in-house cooperativ­e by reason of a strike or lock-out, and contractin­g out of job or work being performed by union members.”

It appears that provisiona­l or contractua­l workers are at the mercy of the “cabo” system that, among others, terminates a worker’s contract before the end of a six-month mandatory employment edict of the government.

The Chief Executive is mad at the system and would like to face those firms that adopt the “cabo” system and the “555” contract. And woe to those who hide and cancel their identities for they face the prospects of a “tokhang” punishment.

“Do not test the President’s resolve. You know how strong it is,” warns the unsmiling presidenti­al spokesman.

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