March 22, 2012 PRESS RELEASE JUSTICE FOR PAL FLIGHT ATTENDANTS HIJACKED BY SUPREME COURT This is in reaction to the March 13, 2012 ruling of the Supreme Court en banc confirming the controversial recall of its FINAL decision on the illegality of PAL’s retrenchment of 1,400 flight attendants. FASAP President Bob Anduiza exclaimed that “The Supreme Court HIJACKED justice for the 1,400 victims of PAL’s illegal retrenchment.” He also stressed that “this ruling serves more of a COVER-UP of the Justices’ tracks in suddenly recalling the September 7, 2011 Decision last October 4, 2011. More particularly, this latest ruling attempts to justify the meddling of CJ Corona despite his assertion that he did not participate in this case, all at the expense of justice for the 1,400 flight attendants.” The Supreme Court already ruled three (3) times in favour of the flight attendants. The first time was in July 22, 2008 when the Court’s 3rd Division unanimously found PAL’s retrenchment as illegal and ordered them to pay full backwages to the flight attendants. As early as then, Chief Justice Corona inhibited himself from the case. PAL filed a Motion for reconsideration but it was again denied on October 2, 2009 with finality saying, “no futher pleadings will be entertained.” CJ Corona did not take part in the case. But on November 3, 2009 PAL still filed a Second Motion for Reconsideration. However, on September 7, 2011, the Supreme Court’s 2nd Division ruled to deny PAL’s second motion for reconsideration, upholding the earlier SC decisions which found PAL’s retrenchment as illegal and ordering PAL to reinstate the 1400 flight attendants with full backwages. CJ Corona took no part in the case. But suddenly on October 4, 2011, in a sudden flipping of its earlier rulings, the Supreme Court en banc resolved to RECALL the September 7 Decision because of mere letters from PAL’s lawyer Atty. Estellito Mendoza. This time, CJ Corona participated and took part in the case. “This is mainly why we volunteered to stand as witness against CJ Corona in the on-going impeachment trial. Contrary to his claims in the media that he did not participate in the case, the truth is he meddled and acted to recall the Final decision of the SC and re-opened the case again.” Bob Anduiza said. This SC Resolution comes right smack as the Chief Justice is presenting its defense before the Senate Impeachment Court, raising suspicion as to the timing of the decision. After three favourable rulings in the Supreme Court and despite the FINALITY of the Decisions,“ and considering that at least TEN (10) SC justices had already ruled in favour of FASAP, why did the Supreme Court still re-open the case?” Anduiza lamented. “We have been struggling and fighting for this case for the past 14 years. It is very difficult to fight against the rich and powerful in this country, especially where the Supreme Court is flip-flopping. When will we achieve justice? The Supreme Court has ruled three times already with finality. With this recall, the case has again been re-opened and it sets us up for tragedy.” Bob Anduiza added. Anduiza explained that “There should be predictability and certainty of justice. Like in any game, there has to be an end. In basketball there are only four quarters to play and there is overtime in case of a tie. In our case, there is no tie, we already won THREE times, yet the Court still wants more overtimes or more reviews. If justice delayed is justice denied. Ours is even worse. Justice has been hijacked!” In her Dissenting opinion, Supreme Court Justice Lourdes Sereno wrote, “... If this Court is to adhere to its character as a court of last resort, it must stop giving never-ending refuge to parties who obstinately seek to resist execution of our final decisions on the sole ground of their counsel’s creativity in re-labelling a prohibited second motion for reconsideration, or the changing composition of the three Divisions of this Court. Otherwise, the Court might as well lay to rest in the sepulcher the founding judicial principles of immutability and res judicata.” ============================================= Please feel free to contact FASAP for clarifications and interviews at tel nos. 854-5159, 851-53-93, FASAP Hotline 0918-8532727.
Posted on: Mon, 08 Jul 2013 02:40:15 +0000
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