Friday, March 27, 2009

[WAC Archives] Chong Won and Phils Jeon Union Case

Re: Strike (Sept. 25, 2006) and the criminal cases they have filed and the criminal cases the PEZA police and Jantro security guards filed against them

[Update as of August 8, 2008- March 20, 2009]


August 6, 2008 – Phils Jeon take out 30 machines and when workers investigated, they have said that it has LOA (Letter of Auhority) from PEZA that it is allowed/have permission to be taken out. The 30 machines were sold out for undetermined amount, according to the workers.

Sept. 12, 2008 – the union had a talk with the zone administrator of CEPZ Tereso Panga regarding the machines that were taken out.

Sept 15, 2008 – the company filed for a temporary shutdown

Nov 7, 2008 – Phils Jeon give separation pay equivalent to 13 days per year of serviceto workers (working inside) who started to work in the company from 1991-1992, and those workers whose age are 41 years old and above (also working inside the company)

Nov 15, 2008 – workers who were left out of the separation package had a vacation from this day until January 2009.

Nov - Dec 2008 – the strikers who had filed a case for their unpaid 13th month pay, service incentive leave and holiday pay since Sept. 2006 got their payment already through the successive decisions of labor arbiters in of the National Labor Relations Commission (NLRC)

Nov 12, 2008 - the workers belonging to the union started to file cases of illegal dismissal at the NLRC.. This was also the time when they have heard unverified reports tht building of Phils Jeon was sold to another company, ENLIN STEEL. The union sent a letter to Enlin Steel to verify the report but ENLIN STEEL denied that theu have bought the company’s building.

Until now, Phils Jeon is still operational with four lines working for five days (Monday to Friday). Now they always have no work on Saturdays unlike the previous years.

On March 24, 2009 the case of illegal dismissal would need filing of position paper at the NLRC.

Criminal Case filed by Jantro guards against the strikers (slight physical injuries): There will be a hearing on the case on April 20, 2009 at the Rosario Municipal Trial Court

Also, there is already a resolution/order on the cases filed at the Assistant Prosecutor Rojo’s sala regarding the cases of less serious physical injury, slight physical injury, at unintentional abortion (of PJ)... and the slight physical injury (of CW). These are the cases filed by the workers against PEZA police and Jantro security guards. This decision/order was received on March 11, 2009.

And the cases of the PEZA policemen and Jantro security guards against the strikers.

In Phils Jeon workers’ case, the PEZA police and guards were declared guilty in the less physical injuries and slight physical injuries while the strikers were declared guilty of direct assault (The case of libel and grave coercion were dismissed.)

In Chong Won, the PEZA police and guards are declared guilty of slight physical injuries while the strikers were declared guilty of direct assault and grave coercion (on the case filed against them by Antonio Felismino (the production manager of Chong Won). The case of libel and grave coercion were dismissed)

Here’s a more detailed discussion and quotes of the said decisions:

In the joint resolution in I.S. no C-06-6230 Grave coercion/libel/direct assault (Sarasua, et al vs. CW strikers), I.S. No. C-06-6512 slight physical injuries (strikers vs. police and guards) at I. S. No. C-07-904 grave coercion, grave threats, slander (Felismino vs. strikers)....

"Upon careful assessment of the allegations of the parties, it is hereby recommeneded that:

“(1)In I.S. No. C-06-6230, respondents therein should be held liable for direct assault instead of grave coercion and libel considering that complainants were attacked by the respondents while they were in the performance of their duties as police officers and security guards. The use of force and words against them are already part of the assault on them.”

(2) Respondents in I.S. No. C-07-904 should also be held liable for grave coercion for preventing the manager of Chong Won and the non-striking workers from entering the company premises through the use of force. The complaints for threats and slander are hereby dismissed considering that the incident complained of occurred during a strike where emotions run high on both sides; and,

(3) In I.S. No. C-06-6512, there is also sufficient evidence to hold the respondents therein liable for three (3) counts of slight physical injuries. Three (3) of the complainants were able to substantiate their allegations with medical certificates. The complaint of Monina Eugenio is dismissed for lack of evidence since she failed to give her sworn statement and to submit her medical certificate.”

In the joint at I.S. No. C-06-6229 direct assault/libel/ grave coercion (Sarasua, et al vs. PJ strikers), I.S. No. C-06-6515 less serious physical injuries at I.S. No. C-06-6484 slight physical injuries (strikers vs. police and guards):

“WHEREFORE, premises considered, it is hereby recommended that the respondents in I.S. No. C-06-6229 be charged with Direct Assault. The complainants for libel and grave coercion are hereby dismissed for lack of merit.

In I.S. No. C-06-6515, it is recommended that the respondents therein be charged with three (3) counts of Less Serious Physical Injuries.

And, in I.S. No C-06-6484, it is also recommended that the respondents therein be charged with four (4) counts of Slight Physical Injuries.”


The unintentional abortion complaint filed by Analyn Diaz, of Phils Jeon union, vs. P/Sgt. Emerita Sampayan was also dismissed for lack of merit.

Next move is to file motion for partial reconsideration on the order/resolution issued by Asst. Prosecutor Vivian Monzon-Rojo.

We have received the information about the impending warrant of arrest only on March 20, 2009. But you can see from the attached scanned copy of the decision that it was penned on January 9, 2009 and the seal of the Provincial Prosecutor Emmanuel Velasco, approving the decision, was on March 2, 2009.

AJ case at the Office of the Secretary

Until now there is no decision on the MR (Motion for reconsideration filed on January 2008) on the decision of the Office of Secretary of Labor denying the Assumption of Jurisdiction (AJ) filed by the union (December 2007 decision)


RELATED DOCUMENTS:

[WAC-archives] Factsheet KMPJI no. 04 2003

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