Noy's first SC appointee to handle FASAP case

MANILA, Philippines - The illegal retrenchment case filed by the Flight Attendants and Stewards Association of the Philippines (FASAP) against flag carrier Philippine Airlines (PAL) has been raffled to Justice Ma. Lourdes Sereno, Malacañang’s first appointee to the Supreme Court (SC).

Two court insiders said Sereno will pen the decision of the Court on PAL’s second motion for reconsideration appealing the ruling of the SC third division in 2008 and 2009, both of which declared the retrenchment of 1,400 flight attendants in 1998 as illegal.

Her resolution will be submitted for deliberation by the full court in session and would replace the ruling issued last Sept. 7 by the SC second division that was recalled by the Court in an order last Oct. 4.

The SC has been criticized for flip-flopping on the case. 

Sources said the recalled order was penned by Associate Justice Arturo Brion and approved for release by Senior Associate Justice Antonio Carpio, the closest rival of Chief Justice Renato Corona last year for the highest position in the judiciary.

Sereno will also resolve the motion filed by FASAP yesterday questioning the recall order.

In a 10-page motion, FASAP asked the SC to nullify the recall order and reinstate the Sept. 7 ruling that declared with finality that their retrenchment was illegal.

Through lawyer Santiago Kapunan, the union argued that the recall order, which was based on the letter sent by PAL lawyer Estelito Mendoza, was unconstitutional because it violated due process.

“Article VIII Section 14 of the Constitution provides that no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. In the instant case, the Honorable Court en banc recalled the 2nd Division’s 07 September 2011 resolution... without providing any reason for such recall,” the motion filed by FASAP stated.

The union said it was deprived of the right to present its side because it was not provided copies of the letter sent by Mendoza that questioned the composition of the division that handed down the Sept. 7 resolution.  

“The Honorable Court acted upon the said letters by peremptorily recalling the 07 September 2011 resolution of the 2nd division without giving FASAP the opportunity to comment on or oppose the said letters,” they argued.

The recalled order was signed by Justices Brion and Jose Perez, regular members of the second division; and Justices Diosdado Peralta, Lucas Bersamin and Jose Mendoza, who sat as substitute members.

Justice Carpio, chair of the division, inhibited during voting but later approved the release of the resolution on the case that should have been handled instead by a special division.

Also, five justices – Chief Justice Corona, Carpio and Justices Presbitero Velasco Jr., Teresita Leonardo-De Castro and Mariano del Castillo – had already inhibited from the case, thus only the 10 would vote on PAL’s second motion for reconsideration.

SC spokesman Midas Marquez, meanwhile, reiterated that the SC has not flip-flopped on the FASAP case as alleged by the Palace.

He said flip-flopping happens when the court repeatedly reverses its ruling on a case.

Veteran lawyer Romulo Macalintal supported this position, saying the SC should not be criticized but instead be praised for its humility in correcting its mistake.

Citing the case of Firestone Ceramics vs. Court of Appeals in June 2000, Macalintal said the SC acknowledged that “it is not infallible” and that if, upon examination, an error in judgment is perceived, “the Court is not obliged to blindly adhere to such decision.”

‘SC credibility at stake’

FASAP president Bob Anduiza said the union was elated when the SC ruled in their favor but was greatly displeased by the recall of the Sept. 7 ruling.

“The Supreme Court’s credibility is at stake here. Sadly because of their questionable recall, 1,400 lives were affected. We can never fathom the suffering and profound pain of the illegally retrenched PAL flight attendants,” Anduiza said.

He said the SC should not have hastily recalled the Sept. 7 resolution based on the letter of PAL’s legal counsel.

“Against all odds, we are left with no option but to continue with the fight. We know the stacks are up against us, but we believe that the law, decency and the truth will prevail,” he said. – With Mayen Jaymalin