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Consequentially, the lawyers also handled non-labor cases such as criminal and civil complaints which were intertwined with the labor cases, either as a form of harassment or impairment of interest to sustain the vitality of the union.  Some of the lawyers also served as members of Committee on Elections and Committee on Constitutional Amendments in the 13th Supreme National Congress in 2007 and as labor representatives or resource persons in various mechanisms or trade union engagements.

 

 

 

SELECTED CASES HANDLED
2005 - 2010
 

 

Divine Word University Case (CVR)

 

While this long decade case had already been closed and terminated as far as DOLE is concerned, the officers of the Divine Word University Employees Union (DWUEU-ALU), are still in quandary as to the distribution of properties located in Imelda Village, Tacloban City and San Jose to bona fide beneficiaries as some of them could not be located despite due notice. Likewise, after investigation at the Assessor’s Office of Tacloban City, it was discovered that the University has yet to pay the Transfer Tax of the 218 Transfer Certificates of Title in the name of DWUEU-ALU.  Furthermore, some areas of the properties are now occupied by illegal settlers and, therefore, need to be ejected through a court action. Likewise, somebody is claiming ownership over a certain portion of the Imelda Village  which is a subject of dacion en pago. In this regard, DWUEU-ALU has a pending clarification with the University as it seemed to have violated the provision of Dacio en Pago on warranty that the properties involved are “clean” and free from all liens and encumbrances”.

 

Trans-Asia Shipping Lines, Inc. (CVR)


A case for illegal dismissal filed  in 1999 by the ALU, APSOTEU, Michael Mendoza, Carlito Mendoza, Trans-Asia Shipping Lines, Inc. Deck and Engine (licensed crew) Officers Union (TASLI-APSOTEU-TUCP), Trans-Asia Shipping Lines  –Unlicensed Crew Employees Union (TASLI-ALU-TUCP), Melchor Villanuva, Lucas Apas Jr., Arnold Arcipe and Mateo Maravillas, and a case for illegal strike by the management.  The Union overwhelmingly defeated the company in the decision rendered by the Supreme Court. In December 2010, the union member complainants received a total amount of SIX MILLION PESOS, more or less, as a result of the findings that their dismissal was illegal.

 

Subic Water and Sewerage Company Inc. (LR)

       

In 2008, the management of Subic Water filed a petition to cancel the registration of one of our locals in Subic Freeport Area, the Subic Water Sewerage Company Inc, Employees Association (SEA). Its petition for cancellation was based on alleged fraud in connection with the election of officers of our local union. The Federation in representation of SEA opposed the petition. At the level of the Regional Director, the registration of SEA was surprisingly granted.  The decision of the Regional Director was appealed, and it was reversed by the Office of DOLE Secretary in 2009.

 

It was in the decision that the DOLE Secretary through BLR Director Rebecca Chato ruled that non-submission of reportorial requirements is no longer a ground for cancellation of the union registration under Republic Act No. 9481, which became effective in 2007.

 

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