Ombud junks charge filed vs. arbitrator

THE anti-graft office has junked the administrative charge filed against an arbitrator accused of amending the court’s ruling in a labor dispute in 2010.

Mona Chica Gillamac, graft investigation and prosecution officer, dismissed the grave misconduct complaint against Florante Calipay, arbitrator at the National Conciliation and Mediation Board in Central Visayas.

“This office considers the present administrative complaint premature and complainant is not yet being equipped with a cause of action against respondent,” Gillamac said in her decision.

The complainant, Robert Dino, sued Calipay for issuing a writ of execution in September 2010 modifying the decision of the Regional Trial Court.

The lower court had ruled that Dino, then president of the defunct Unicraft Industries International Corp., cannot be held liable for illegally dismissing the firm’s workers. But Dino said the lower court had ruled that only Unicraft Industries, and not his family, should be held liable for a monetary award.

Dino said the trial court’s decision was affirmed by the Court of Appeals and the Supreme Court.

He said Calipay defied the High Court and the appellate court’s ruling and amended the decision to get back at him after he sued the respondent before the ombudsman. The anti-graft office had suspended Calipay for a month without pay for simple misconduct. A criminal case was also filed against Calipay in court.

But Calipay, in his counter-affidavit, said the amendment of the court ruling was to implement the unsatisfied award in a labor case.

Calipay denied that the issuance of the writ was tainted with bad faith or ill motive. Calipay, in the writ of execution, found Dino, his wife Cristina and three children, liable for illegal dismissal.

He directed them to pay the workers of Unicraft Industries their separation pay, backwages, attorney’s fees and litigation expenses totaling to P1, 313, 441.