A constitutionalist and former labor undersecretary says that legal provisions allowing the labor department to assume jurisdiction over labor disputes is now “dead,” making the assumption of jurisdiction now illegal. The DoLE’s assumption of jurisdiction over the collective bargaining deadlock at the Hacienda Luisita last Nov. 10 is blamed, among other factors, for the violent dispersal of striking workers at the sugar plantation six days later.

BY ALEXANDER MARTIN REMOLLINO
Bulatlat

The legal provisions allowing the labor secretary to assume jurisdiction over labor disputes are now a dead law, making the said recourse illegal.

This is the contention of labor advocate Amado Gat. Inciong, a member of the Philippine Constitution Association (Philconsa) and former labor undersecretary. He expressed this argument Nov. 25 in a House of Representatives hearing on the Nov. 16 dispersal of protesting plantation and mill workers of Hacienda Luisita, a 6,000-hectare sugar plantation owned by the Cojuangco family in Tarlac province, 100 kms north of Manila.

The Nov. 25 hearing was conducted in aid of legislation. In the hearing, Rep. Edcel Lagman (Albay, Aksyon Demokratiko) proposed a remedial legislative measure that would limit the powers of the labor secretary to assume jurisdiction over labor conflicts.

A day before, there had also been an investigation by the Senate into the Hacienda Luisita dispersal. Labor Secretary Patricia Sto. Tomas, who was present at the Senate investigation, said: “Article 263 (g) of the Labor Code of the Philippines provides that the Secretary of Labor and Employment may assume jurisdiction over a labor dispute that is in the national interest and may call on law enforcement agencies to assure compliance with lawful orders.”

But Inciong said the legal provision for the assumption of jurisdiction “is a dead law and should now be buried.” He said that the reason the Department of Labor and Employment (DoLE) is still able to use it is because it has not been stricken off the statute books.

“The assumption of jurisdiction is tantamount to compulsory bargaining,” said Inciong. “This is incompatible with the 1987 Constitution which upholds the principle of collective bargaining.”

Under contest

In a press conference on Nov. 18, Noel Neri, one of the Luisita workers’ lawyers, described Sto. Tomas’ assumption of jurisdiction over the labor dispute as illegal. He said the Nov. 10 AJ order was under contest at the National Labor Relations Commission (NLRC) and therefore the labor secretary was under legal constraint not to execute it.

At the Senate hearing on Nov. 24, PNP Region III Director Quirino dela Torre seemed to contradict assertions by Sto. Tomas who said she had to deputize Army soldiers following Region III police intelligence report of the presence of “New People’s Army” guerrillas at the Luisita picket line. Dela Torre, who was relieved from his post, clarified that the strikers were backed by militant groups only – and not the NPA.

In the Senate hearing conducted by the chamber’s labor committee, Sen. Aquilino Pimentel, Jr. asked for Sto. Tomas’ resignation.

Inciong meanwhile traced the origin of the assumption of jurisdiction process to a decree promulgated by the late strongman Ferdinand Marcos at the height of martial rule.

Inciong cited Article XIII, Sec. 3 of the Constitution, which provides that: “(The State) shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.”

“Secretary Sto. Tomas is in a pitiful position where she has to implement a legal provision that is now dead,” Inciong said. “Very pitiful.”

Dispersal

In the House hearing, Lagman pressed Sto. Tomas on whether or not there was a request from the Cojuangcos for an assumption of jurisdiction. He disclosed that based on his experience as a labor lawyer, assumption of jurisdiction orders are usually issued “at the instance of management.”

Sto. Tomas could not answer straight Lagman’s query.

The assumption of jurisdiction order issued by Sto. Tomas instructed the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) to “remove all barriers” to ingress and egress at the Hacienda Luisita.

On Nov. 16, a volley of shots, lasting between two and three minutes, was heard in the vicinity of Hacienda Luisita.

Seven strikers were confirmed dead, although 14 were reported killed in the gunfire. The remaining seven are still unaccounted for. More than 200 others were wounded.

Police and military officials have floated the line that the first shot came from the ranks of the strikers, and the crowd dispersal personnel merely fired shots to defend themselves.

Police Senior Supt. Angel Sunglao, who headed the Task Force Luisita, and PNP Region III director Enrique Galang testified at the House hearing. Congressmen queried them as to whether the police forces were attacked with gunfire, but they could not categorically say that they were.

Sunglao and Galang even presented a video footage at the hearing, after a video presentation by the human rights group Ecumenical Movement for Justice and Peace (EMJP), represented in the hearing by its secretary-general Girlie Padilla. Neither of the video footages showed strikers firing the first shot.

Condemnation

Meanwhile, the congressmen present at the hearing were one in condemning the “violent” dispersal of Nov. 16.

Rep. Erin Tañada (Quezon, Liberal Party) said that there was “no justification” for the “violence and loss of lives” that occurred last Nov. 16. Rep. Rufino Biazon (Muntinlupa City, Liberal Party) echoed Tañada’s reaction.

“More than the seven (strikers) were killed but what has been slain here are constitutional provisions on land reform and the right to strike,” said Lagman.

Meanwhile, Anakpawis (Toiling Masses) Rep. Crispin Beltran announced that he and colleague Rafael Mariano, also from Anakpawis, will file a protest at the Commission on Appointments to block the confirmation of Sto. Tomas’ appointment as labor secretary. With other reports / Bulatlat 

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