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Retrenched workers file petition for TRO against Philex Mining Corporation

BAGUIO CITY (Feb. 24) — Hundreds of retrenched workers, their children and families merged forces and filed a petition for Temporary Restraining Order (TRO) against the Eviction Order of Philex Mining Corporation (PMC) on the retrenched workers and staff.

The petition for a TRO of Seventy-Two Hours was filed on February 21, 2005 at the Regional Trial Court, La Trinidad, Benguet. The petition sought to enjoin defendant, PMC from proceeding with the eviction of the plaintiffs as well as cutting the complainants’ electricity and water supply.

According to the workers, PMC began its retrenchment moves sometime in year 2000. The latest were in August, September, and October 2003 which resulted to almost 400 retrenched workers plus a whole division staff tasked with environmental concerns, including the Environmental Officer, who headed the dissolved division.

In their petition, the workers stated that they had filed cases of illegal dismissal and reinstatement against PMC. The Labor Arbiter’s decision was unfavorable to the complainants, but the same complaint had been duly appealed and the case still pending before the National Labor Relations Commission (NLRC) in Manila. Hence, the decision rendered by the Labor Arbiter upholding the legality of the dismissal is not yet final.

The petition further said that PMC’s cutting the residents’ electricity and water supply has caused and will cause grave and irreparable damage to the complainants’ families such as their children’s education and their businesses. The forced eviction from their homes would also mean the families’ displacement and disruption of their children’s studies.

Teresita Manzano, one among those affected by the eviction and a former supervisor of the environment division of the company, said that “most of these retrenched workers and staff had given more than what they have to share to promote the company’s growth and development, for they had dedicatedly served the PMC for more than 35 to 40 years.”

“We are seeking social justice because we are oppressed and helpless,” Manzano lamented during a consultation with the Commission on Human Rights. She also criticized the manner of Human Rights Officer, a certain Atty. Bilog who she alleged was angry at them instead of accommodating their complaints.

James Tulipa, spokesperson of Kilusang Mayo Uno-Cordillera said, “The amount of service devoted by the workers of Philex cannot be equaled by any amount of money” reacting to the company’s argument that the retrenched workers were given their separation pay.

“The results of these retrenchments are beyond belief, for the company constantly threatened about evictions. The PMC stopped the retrenched workers’ children from availing high school and elementary education in the schools within the company area. Furthermore, the PMC stopped giving business permits to some of the family members of the retrenched workers. This company move disallowed them to augment hunger and other needs. Recently, the PMC created an “eviction team” in charge of cutting electric services to the bunkhouses and cottages of the retrenched workers. The threat of impending water supply cut-off to these houses is anticipated. It is ironic that Philex was awarded the “Most Environment and Children Friendly Company in the country”, Tulipa said further.

The case is now under the sala of Judge Fernando Cabato at Branch 62 of the Regional Trial Court. # via NORDIS

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