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TRO against eviction of former Philex workers denied

BAGUIO CITY (Mar. 12) — The Temporary Restraining Order (TRO) filed by the residents of Padcal, Tuba, Benguet where most of them are retrenched workers of Philex Mining Corporation are, was turned down by Judge Fernando Cabato of the Regional Trial Court Branch 62 in La Trinidad, Benguet. The filing of TRO of three days was an attempt by the residents to Philex’s eviction moves against them.

Cabato served the nine-page decision on March 7 stating that the residents failed to present clear and convincing facts for them to be granted a TRO. Cabato added that the plaintiffs (residents) do not have right in esse in acquiring protectable or enforceable rights for judicial protection saying that they are “deforciant” or unwanted occupants. The decision also stated that the plaintiffs are occupying some portions of the mine camp despite the fact that “they are no longer employees” of Philex.

On February 21, the residents with their families filed a TRO as Philex personnel began cutting-off electricity as well as water supply of their quarters. In their petition, the workers who were retrenched by Philex in the months of August, September and October 2003 stated that they have filed cases of illegal dismissal and motion for reinstatement against Philex. The Labor Arbiter of the National Labor Relations Commission- Department of Labor and Employment-Cordillera Administrative Region (NLRC-DOLE-CAR) issued an unfavorable decision against the workers but they made an appeal to the case at the NLRC central office in Manila.

In the petition, the retrenched workers stressed that their dis-employment status was not yet cleared and the matter was up to the NLRC and the Supreme Court. Hence, the decision of the CAR labor arbiter has yet to gain finality. Last January 31, the Sangguniang Panlalawigan of Benguet signed a resolution requesting Philex to stop the eviction and consider the situation in status quo stating the finalization of the labor case has yet to be served.

Meanwhile, Benguet Provincial Board Member Juan Nazarro expressed concern over the decision of Cabato.

“As a lawyer, I hope that Philex will not misinterpret the denial of the TRO and should not use it to violate the human rights of its former employees. As a Board Member, my colleagues and I will continue to investigate the matter,” he said.

Kilusang Mayo Uno-Cordillera spokesperson James Tulipa lamented the denial of the TRO saying that the retrenched workers seemed helpless in relying on such legal battles. Tulipa added that poor people like the workers are no match against the ruling elite in legal arenas. He pointed out that their only hope was to rely on their own unity and strength in fighting for their rights and welfare. # Aldwin Quitasol for NORDIS

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