This is the second time that the group allegedly attempted to take over the Philex Gold property. This is the second grave coercion case filed against them.
Lawyer Deogracias Contreras, Philex vice president for legal affairs, said the company is filing charges of robbery, physical injuries, arbitrary detention and illegal arrest against NLRC sheriff Enrico Paredes and the group of former Philex Gold employees led by a certain Jose Pampliega.
Contreras said Paredes’ group, accompanied by several policemen, barged into the Philex Gold compound last Tuesday and harassed the security guards.
The group allegedly carted away some equipment and supplies, he added.
To secure and gain full control of the area, Philex got yesterday a temporary restraining order from the Kabankalan City regional trial court.
Contreras said Philex Gold terminated its Sipalay operations in 2002 due to bankruptcy but the supervisors’ union accused the company of wage distortion.
The former employees pursued the case up to the Supreme Court, which decided it in their favor.
However, Philex Mining, the holding company, filed a third party claim because the assets of Philex Gold had been mortgaged to it when the latter declared a bankruptcy, Contreras said.
Contreras said the NLRC violated its own rules last Tuesday when it insisted on implementing a break-open order, which the company had not received.
Based on NLRC rules, he said the status quo should be maintained in any labor case with a third party claim.
Contreras said Philex Mining has not received a copy of the May 23 break-open order issued by arbiter Danilo Acosta.
"It was only on May 4 when the RTC judge hearing the case in Kabankalan admonished the other party to maintain the status quo pending resolution," he said.
Contreras said the May 23 order was not even mentioned during the hearing last Monday.
Senior Superintendent Charles Calima, provincial police director, said he received a request from Paredes seeking police assistance in serving Acosta’s order.
"I found the request to be in order so I assigned policemen from Sipalay to ensure peace and order," he said.