Supreme Court on Labor Case, FASAP versus PAL

The Supreme Court on Wednesday, March 21, 2012, reopened the labor case between the Flight Attendants and Stewards of the Philippines (FASAP) and the Philippine Airlines (PAL), while denying the motion for consideration filed by the FASAP on October 17, 2011 to reconsider its order on Sept. 7, 2011 to recall an earlier decision that ordered PAL to pay P3 billion to FASAP members retrenched by the airline firm.

Background

On June 15, 1998, PAL announced that the laying off of 5,000 employees including the 1,400 members of the FASAP. The PAL did it to avoid bankruptcy.

FASAP versus PAL at the NLRC

On July 2000, FASAP filed a case against PAL at the National Labor Relations Commission (NLRC). The NLRC ordered PAL to reinstate the attendants with full back wages.

The PAL appealed and the decision was reversed on May 2004.

FASAP versus PAL at the Court of Appeal

The FASAP step up their labor case against PAL at the Court of Appeal but they lost.

FASAP versus PAL at the Supreme Court

FASAP went to the Supreme Court and filed a labor case against PAL. On July 22, 2008, the Supreme Court decided and ordered PAL to reinstate the 1,400 members of the FASAP with full back wages and benefits.

PAL filed a motion for reconsideration. On October 2009, the Supreme Court denied the motion of the PAL.

PAL filed their second motion for reconsideration of the July 2008 decision. And on September 7, 2011, the Supreme Court’s Second Division released a ruling upholding its previous ruling and decided not to entertain another motion for reconsideration.

However, on October 17, 2011, the Supreme Court ordered the recalling of the ruling in favor to the PAL.

The FASAP filed immediately a motion for reconsideration arguing that Supreme Court’s Second Division issued final decision in favor of the FASAP and therefore it could not be recalled.

On Wednesday, with the 7-2 vote, the Supreme Court denied the motion for reconsideration filed by the FASAP.

Case, Open Again

The Supreme Court in its March 21, 2012 ruling opened the case again, and it should be raffled to either Associate Justices Lucas Bersamin or Diosdado Peralta.

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