STATEMENT BY THE URBAN MISSIONARIES ON THE SUPREME COURT’S RECALL OF ITS RULING ON THE FASAP CASE

The news report on October 10, 2011 that the Supreme Court recalled its earlier decision on the FASAP (Flight Attendants’ and Stewards’ Association of the Philippines) case simply astounded the Filipino public.

It should be noted that the Supreme Court has already ruled three (3) times that the retrenchment of FASAP members at PAL was illegal.  The last ruling was made on October 2, 2009, where the Supreme Court indicated the ruling was final and no further pleadings would be entertained.

Now, SC Administrator Atty. Midas Marquez announces to the public that the SC recall of its ruling was made on technicality: the case should have been heard and decided by the SC Third Division, not the Second.

Naturally, the initial reaction of FASAP, the media and the general public was one of outrage and incredulity:  What?  After 13 years of litigation, the Supreme Court realizes only now the case was being heard on the wrong division?  And on the basis of this so-called technical error, not on the basis of the merits of the case, the Supreme Court is making the recall?

FASAP president Bob Anduiza thinks it is no mere indication of rank stupidity on the part of the Supreme Court.  He said, “The Filipino public should stand witness to this travesty of justice.  The law is being mocked in this case.  It sends a shocking and shameful message that in our country workers do not stand a chance against the rich and influential businessmen.  Imagine, by a mere letter from (PAL lawyer) Atty. Estelito Mendoza, the Supreme Court recalled THREE previous decisions! Where else can the workers seek justice?”

The Urban Missionaries stand with FASAP in expressing outrage on this shameful recall by the Supreme Court.  The Urban Missionaries also express grave apprehension that by this recall, things are being put in place to render legal all other contested cases of retrenchment, such as that of the PALEA workers.

The Supreme Court and Aquino government should best be reminded of the long history of workers’ struggle in this country, especially when they can no longer seek or expect justice from the courts, above all, the Supreme Court.  This is where workers resort to uprising and general strike as their defense weapon of last resort.

The Urban Missionaries was founded in 1977 by the Association of Major Religious Superiors in the Philippines (AMRSP) as an expression of solidarity with and commitment to the workers’ struggle for total human development.

Would that the Supreme Court reconsider quickly and this time more wisely to assure workers that there is still such a thing as the rule of law in this country. The Church is very clear in its social and moral stance, “injustice to the lowly is a crime against humanity.” Let justice, fairness, and common good prevail among us.

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