THE Supreme Court (SC) has given reprieve to business tycoon Lucio Tan by recalling its earlier resolution ordering him to pay P3 billion to the Flight Attendants and Stewards Association (Fasap) of Philippine Airlines (PAL) when it declared as illegal the 1998 retrenchment of 1,400 flight attendants of the flag-carrier.
During a recent en banc meeting, it nullified the ruling dated September 7, 2011 of its Second Division that junked a motion for reconsideration filed by Tan.
In a two-page resolution of the SC en banc dated October 4, 2011 and signed and promulgated by lawyer Enriqueta Vidal, the 15-man tribunal took cognizance of the case from the Hih Court Second Division.
“The court en banc further resolves to recall the resolution dated September 7, 2011 issued by the Second Division in this case,” the resolution stated.
The latest ruling came about after Tan’s lawyer Estelito Mendoza, wrote a letter to the High Court questioning the composition of the Second Division.
According to a source of The Manila Times, confusion arose after it was discovered by the camp of Tan that it should have been the Supreme Court Third Division that should take cognizance of the case.
The procedural lapse in the High Tribunal Second Division apparently was brought about by leaves of absence of some of the magistrates and reshuffle of the justices after the retirement of some of their colleagues.
The original ponente of the case that ruled in favor of Fasap and against PAL was then-SC Associate Justice Consuelo Ynares-Santiago.
The Supreme Court also resolved to reraffle the case to a new member.
In the September 7, 2011 resolution, the High Court Second Division headed by Justice Antonio Carpio denied with finality respondent PAL’s second motion for reconsideration.
In the original July 22, 2008 ruling, the High Tribunal ordered the reinstatement with full back wages of 1,400 flight attendants who were illegally retrenched by PAL at the height of a pilots’ strike.
PAL appealed the decision and filed two motions for reconsiderations. –JOMAR CANLAS REPORTER, Manila Times
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