Justice for Filipino Workers, still a pipedream


While government is cooking up a package of announcements that would serve as a "gift" to workers on Labor Day like tax exemptions and cheaper medicine, it seemingly can't respond to something basic that labor has longed for: Justice

Apparently, justice for Philippine Labor is still delayed; and, thus, it could still be considered denied.

"Waiting for several years to get cases resolved has been causing anxiety to workers," said Atty. Allan S. Montaño, National President of the Federation of Free Workers. "In fact, waiting could be an understatement. Hopelessness abounds."

Data from the National Labor Relations Commission (NLRC), the special court designed to resolve labor cases, show that as of June 30, 2007, it has a backlog of 7,736 cases. This is a big jump from its backlog of 2,730 cases in 2006; and 1,336 in 2005.

From January to September 2007, the NLRC received 15,119 cases and was able to resolve only 7,516 of them for a resolution rate of barely 50 per cent.

For the same period in 2006, it resolved 8,022 of the 15,966 it received or about the same rate as the previous year.

As if the delays at the NLRC level were not enough, the appeals process has also caused the delay in the disposition of labor cases.

"Our laws must ensure the speedy disposition of labor disputes pursuant to the Constitutional mandate and to restore discipline and integrity in the administration of labor justice," said Montaño.

Since the enactment of RA 6715 in 1989, decisions of the NLRC could directly be submitted for review to the Supreme Court. It has been the procedure since Oct. 29, 1936 under the Commonwealth Act No. 103 when cases were handled by the Court of Industrial Relations, the predecessor of NLRC.

However, the Supreme Court ruled in Sept. 16, 1998 (St. Martin Funeral Home vs. NLRC case) that petitions appealing the decisions of the NLRC must first "be initially filed in the Court of Appeals".

"This resulted to the added layer of a review body compounding the unreasonable delay in the disposition of labor cases," declared Atty. Sonny Matula, Vice President of the FFW.

Meanwhile the similarly slow pace by the NLRC in upholding monetary awards by Labor Arbiters have cast doubts on the integrity of the Commission.

From January to June 2007, Labor Arbiters have awarded Php 4,834,380.00 to 16,403 workers involving different cases. Upon appeal to the NLRC, it has upheld awards amounting to only Php 707,810.00 covering a measly 4,922 workers.

For the same period in 2006, Labor arbiters awarded Php 1,829,310.00 benefiting 17,276 workers. The Commission upheld what amounted to only half of the monetary awards at Php 929,350.00 for 6,663 workers.

"The Commission has shown consistent propensity to deny the hard-won awards in favor of workers before the Labor Arbiters," said Matula. "We cannot fault workers' persistent and firm belief that graft and corruption thrives in that appellate body."

Montaño concluded that something has to be done. He reiterated two steps that may be taken separately or together:

1. Craft a Law that reverts to the old practice of filing petitions for review of NLRC decisions to the Supreme Court, thereby removing the added layer, where petitions are lodged in the Court of Appeals.
2. Abolish the NLRC as embodied in the proposed legislation, Senate Bill 2207 and its counterpart in the House of Representatives, entitled: "Establishing the Regional Court of Labor Relations (RCLR) under the Supervision of the Supreme Court, thereby abolishing the NLRC and for other purposes"