Court takes back ‘final’ decision against PAL

THE Supreme Court on Monday recalled its “final” decision declaring as illegal Philippine Airlines’ layoff of 1,400 flight attendants in 1998, drawing immediate criticism from the union.

Court spokesman and administrator Jose Midas Marquez said the Sept. 7 decision in favor of the Flight Attendants and Stewards Association of the Philippines was taken back because of a “misapplication of rules.”

“There was an apparent mix-up,” Marquez told reporters.

“It was supposed to be decided by a special division, not by a regular division. This is the first time we encountered something like this. This is an isolated case, and it doesn’t mean it was a wrong decision.”

The high court withdrew its ruling after receiving a letter from the airline’s lawyer, Estelito Mendoza, who pointed out the procedural flaw.

The union said the recall was “mind-boggling and deeply disturbing.”

“The Filipino public should stand witness to this travesty of justice,” union president Bob Anduiza said.

“It sends a very shocking and shameful message to the world that in our country, workers do not stand a chance against the rich and influential businessmen.”

The union said it will protest in front of the Supreme Court this morning to protests the recall.

Marquez said the case was first assigned to the Third Division with retired Associate Justice Consuelo Ynares–Santiago as member-in-charge. When the magistrate retired in 2009, the case was then transferred to a special division composed of her replacement and original members.

But the membership in the divisions had also changed because of the retirement and appointment of justices, Marquez said.

“Many members of that Third Division had retired and the justices have also been reshuffled, so this case found its way to the Second Division.”

Marquez said the Court would investigate the circumstances of the mix-up, and that the case was raffled Monday to a new member-in-charge.

The full court is expected to rule on PAL’s motion for reconsideration.

Last month, the Court ruled “with finality” that PAL had illegally terminated 1,400 flight attendants in 1998 and ordered the company to reinstate them and pay them back wages.

“The rights and privileges that PAL unlawfully withheld from its employees have been in dispute for a decade and a half,” the high court said at the time.

“This case has dragged on for so long, and we are now more than duty-bound to finally put an end to the illegality that took place; otherwise, the illegally retrenched employees can rightfully claim this Court has denied them justice.”

Also on Monday, another union, the Philippine Airlines Employees Association, said its members will protest near Terminal 2 of the Ninoy Aquino International Airport to denounce their layoff as part of the airline’s outsourcing program. –Rey E. Requejo, Manila Standard Today