CA thumbs down NLRC-RAB VI on P51.5-M award

Sometimes one stumbles on a story that has major and far-ranging implications. And that was what happened last week. I received a copy of the June 22 Court of Appeals (CA) decision finding the Hawaiian Philippines Company not liable to pay P51.5 million to 46 sugar haulers as previously ordered by the National Labor Relations Commission (NLRC) in the Hernando Borra et al vs. HPCO case.

The case involved the regularization and money claims filed by 46 sugar haulers employed by an independent contractor, Al Fela Contractors. Its services was engaged by sugar traders and sugarcane farmers. The workers were assigned to load Al Fela trucks of the traders at the HPCO sugar warehouses.

The mill contended that as employees of Al Fela, the sugar haulers were not employees of the sugar mill.

The case dates back to 1997. Al Fela Contractors filed two cases before the NLRC — money claims against HPCO and the Al Fela Contracts and declaration as regular employees of the mill.

In 1995, labor arbiter Ray Alan Drilon freed HPCO from the money claims of the workers after finding the absence of employment relationship between the mill and the workers. The regularization case was also initially dismissed in favor of the HPCO.

The Supreme Court eventually remanded to the NLRC-RAB VI the case for proper determination of facts. HPCO again filed a motion to dismiss the case based on the absence of employment relationship as determined earlier in the money claims case.

HPCO’s motion to dismiss was denied. In August 2003, labor arbiter Phibun Pura found the HPCO liable to the workers in the amount of P51.5 million.

HPCO then filed a petition for certiorari and prohibition before the CA. It claimed grave abuse of discretion on the part of Pura in denying HPCO’s motion to dismiss.

But by September 2003, the mill obtained a temporary restraining order and preliminary injunction from the CA against Pura, who was enjoined from further proceeding with the case.

On June 22, 2004 the appellate court granted the HPCO petition and dismissed the regularization case for lack of merit due to the absence of any employment relationship between the mill and the 46 workers of Al Fela Contractors as originally found by arbiter Drilon.

Labor lawyers have been watching keenly the outcome of the suit. Of course, the CA ruling can still be appealed but the point that has been raised was how to prove regular employment for the workers, who were under contract with a hauling firm.

That has far-ranging implications. Many mills have contracts with trucking firms for hauling both sugarcanes and sugar. And the outcome of the present suit will impact on their future relationship with the firms and their workers.

Environmental hero

Every now and then, one gets some stunning story. Last week, it was the award given to Transic Jaladoni by the Department of Environment Natural Resources (DENR) in Region VI as "Environment Hero."

What exactly had he done to deserve the award? Actually, from my vantage point the award should have gone to the the husband and wife team who had converted over almost two decades an 11.39-hectare tree farm lease in Patag along the slopes of Mt. Silay into a resort, a tree park, a virtual future for lowlanders who wish to get away from the maddening crowd.

The romance started way back in the 70s. Francis Jalandoni, whose family owns vast sugarcane farms in Silay City fell in love with Patag while he was studying in Manila. But when he returned home, he married Ching, his childhood sweetheart. They shared the same common interest – Patag and decided to reside there.

In 1982, they applied for a tree farm lease which the DENR approved in 1984. The 11.39-hectare TFLA is located in Sitio Malisbong in Bgy. Capitan Ramon, Patag.

Jalandoni volunteered to erase that provision in the TFLA contract which allowed him to harvest the trees when they pose danger to the life of a person or any living thing in the area. Neither did he agree to use the trees for commercial purposes. His intent — to protect the trees until they were fully grown and mature.

Naturally, the first choice was the Baguio pines. Later, Jalandoni, who had to spend millions, planted red lauan. "Indigenous trees are still the best for our country. They are acclimatized and do not pose threat to our own trees," Jalandoni explained.

But the best plans of men sometimes must be altered to cope with circumstances. The insurgency grew hot. And the Jalandoni couple had to go back to the lowlands. Their residence was occupied by the NPA. The rebels took over the small cottage hide-away for their children.

After 10 years, the situation has stabilized and the Jalandoni couple returned to Patag. Of course, they found some destruction. The locals had cut the pine trees which they used as torches because of its good burning quality.

Dismayed, the couple rehabilitated the area. Francis, this time, planted mahogany at the entrance of the project area. Ching, on the other hand, gathered the wildlings of the red lauan and painstakingly replanted them in rows with the help of their laborers. Then, voila! Francis appointed Ka Aguila, a rebel commander and returnee as overseer, Poaching said.

One day, Ching invited Francis to the place. He was amazed at how much his wife had done. They converted a small area and planted it with carabao grass then turned the small patch into a playground and camping area. They also built a wooden cottage of pine trees.

They also planted the surrounding areas which had become denuded. Most had already been issued certificates of stewardship contracts but left unattended. "It is dissappointing to know that the government has made an effort to help them to develop the uplands, but they are not interested to do their share," Jalandoni said.

The return of the trees also brought back the birds including the native depay or hawk, the fruit bats and many other species that are still to be documented.

Now the Jalandonis are preparing to have their TLFA renewed for another 25 years. But Francis is still adhering to the same outlook — no cutting of trees "The TFLA is the instrument we used to take care of nature in this place. People will remember us both because of the trees we had planted," he said.

One thing is sure though. His son, Vice Mayor Jay Jalandoni of Silay City, is taking up where Francis and Ching have taken off. He pledged to help the reforestation of Patag.

ADDENDA. When President Gloria Macapagal-Arroyo visits Dumaguete on Monday, she will preside the declaration of the CPCP into a state university. But she may be in for another surprise. The Habitant for Humanity will mostly likely present to her the plan to put up 1,000 housing units for homeless families in Barangay Cardau-a near a dry river bed. The Habitat board, headed by Carlos Amasula, with Greg Uymatiao, Chitty Dominda and project director Max Lyda Magusara presented last week the blue print of the proposal to Mayor Agustin Perdices...The Sugar Industry Foundation Inc. is eyeing the possibility of investing in the Project Dunganon Thrift Bank. This was learned Saturday by Nene Trebol, chairman of the Panay-Negros chapter of the Confederation of Sugar Producers, during a conversation with Cecille Del Castillo, chairman of the Negros Women for Tomorrow.That should provide an opportunity for the women to help SIFI promote small livelihood projects under supervised credit... Incidentally SIFI also reported having sent P2.3 million for the Education Aid Program for 1,091 secondary school students in sugar districts. The SIFI also subsidized the schooling of 367 collegiate EDAP grantees with P3.5-million according to SIFI president Edith Villanueva. She also said an update showed that five of the 20 Tolong Mill District youths who underwent the reflexology basic training course in the Negros Oriental town are now earning at least P1,500 a month; a meager start, but with promising prospects... Dengue was reported rampaging in Pulupandan town. Mayor Luis Mendia said three young children have already died since June. There are now five dengue fever fatalities from Negros Occidental two of them from Bacolod and Bago. Grace de Juan, Pulupandan health officer, said the present strain is apparently stronger. The two fatalities died from brain hemorrhage or intestinal bleeding.