Bu-lat-lat (boo-lat-lat) verb: to search, probe, investigate, inquire; to unearth facts

Vol. VI, No. 38      Oct. 29 -Nov. 4, 2006      Quezon City, Philippines

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Labor Lawyers Bring Fight to CHR

For the failed abduction of one of its lawyers on Oct. 5, labor lawyers of the Pro-Labor Legal Assistance Center will file a case against an Army intelligence officer at the Commission on Human Rights on Monday, Oct. 30.

BY DABET CASTAÑEDA
Bulatlat

Labor lawyers of the Pro-Labor Legal Assistance Center (PLACE) will ask the Commission on Human Rights (CHR) to investigate the failed abduction of one of their lawyers last Oct. 5.

The three resident lawyers of PLACE, Remigio Saladero Jr., Nenita Mahinay and Noel Neri, and their staff will charge Pfc. Rommel Felipe Santiago, who, according to a certification from the Taguig Police Station, is an enlisted soldier with branch service of the Philippine Army in Project 8, Quezon City.

At around 11:30 a.m. on Oct. 5, Santiago, who identified himself as an intelligence officer, was seen tailing eight union officers of the Food Terminal Inc. (FTI) and paralegal Joselito Santos, a labor organizer for the Alliance of Democratic Labor Organizations (ADLO) affiliated with the progressive Kilusang Mayo Uno (KMU or May First Movement).

Labor lawyer Nenita Mahinay
BULATLAT FILE PHOTO

In its certification, the Taguig Police said Santiago was on board a motorcycle when he and an unidentified companion tailed the FTI union officers and Santos from the PLACE office along E. Rodriguez Ave. in Quezon City to the FTI offices in Western Bicutan, Taguig City.

Mistaken target

In a telephone interview, Trinidad C. Pinisa, 58, union treasurer of the Nagkakaisang Bisig ng Manggagawa sa FTI (NMB-FTI or the United Strength of Workers - FTI), said she noticed that Santiago was tailing their FX van from PLACE to the FTI premises. In fact, when they stopped at a gasoline station near the Bicutan area to put water in their vehicle’s radiator, a white Adventure van stopped in front of their FX van. “Buti na lang pinaalis sila ng security guard,” (It was good that the security guard told them to leave.) Panisa said.

As soon as the union officers reached the FTI complex, Panisa said she immediately told the FTI Security Department to apprehend Santiago and his companion. During police interrogation where Panisa was also present because she stood as the main complainant, Santiago apologized profusely to her. “Manang sorry po, nagkamali lang po kami,” (I am sorry we just made a mistake.) Panisa quoted Santiago as saying.

Panisa said that after the interrogation on Santiago, another policeman, who she did not name for security reasons, told her that the Army intelligence officer was actually after their lawyer and the tailing incident was a case of mistaken identity. The police officer told Panisa that Santiago and his companion mistook Santos, who was wearing a barong, for a lawyer.

The FTI union has acquired the services of PLACE lawyers pro bono. Their lead counsel is Saladero.

Experienced

The soft-spoken and down-to-earth Saladero, 47, is an experienced labor lawyer and one of the founding members of PLACE in 2000. He worked at the Public Attorneys Office of the province of Rizal from 1987 to 1990 after he passed the bar in 1985. He finished law at the San Beda College in Manila in 1983.

Since 1990, he is counsel for the National Federation of Labor Unions (NAFLU), the largest worker’s federations affiliated with KMU. He also became a member of two other lawyers’ groups, Movement of Attorneys for Brotherhood, Integrity and Nationalism Inc. (MABINI) in 1986 and Free Legal Assistance Group (FLAG) since 1986 to the present.

Apart from the FTI union, Saladero is also the lead counsel for the workers’ union of Nestle Philippines in Cabuyao, Laguna which has been on strike for the last four years. Nestle union president Diosdado “Ka Fort” Fortuna was murdered last year by unidentified men on board a motorcycle.  The killers are believed to be members of the military’s death squad.

PLACE handles over 700 labor cases, the most controversial ones include the unions of multi-national companies such as Nestle, Triumph, San Miguel Corp., and Lepanto Mining, Danding Cojuangco-owned companies Magnolia and Coca-Cola and the mill and sugar workers’ unions of Hacienda Luisita, the 6,000-hectare sugar plantation owned and operated by the family of former Pres. Corazon Cojuangco-Aquino.

“My heart bleeds”

Another PLACE founding member is Mahinay who will forever be etched in history as that feisty lawyer of the mill and sugarcane workers of Hacienda Luisita who staged a strike in Nov. 2004. Seven workers and their supporters died at the picketline after soldiers sprayed bullets at the workers who vowed to continue their strike until they have reached a respectable agreement with the hacienda owners.

A day before the massacre, Mahinay was heard telling the workers, “Ang welga hindi sa korte napapanaluan kundi dito sa piketlayn.” (A strike is not won at the courts but at the picketline.)

Dumudugo talaga puso ko dyan,” (My heart bleeds for them.) Mahinay said referring to the plight of agricultural workers.

At age seven, Mahinay said she had to work as an agricultural worker in a sugar plantation in the town of Escalante, province of Negros Occidental, to support her studies. She earned a measly P2 ($0.04 at an exchange rate of $1=P49.82) for a day’s work of planting, weeding and fertilizing.

After two years in college taking up a secretarial course, Mahinay stopped school and worked as a full-time organizer for the National Federation of Sugar Workers (NFSW) in Negros and later of industrial workers in Cebu. “Ang abogado namin nun iisa na nga lang hikain pa,” (We only had one lawyer then who was even asthmatic.) she said.

Because of the lack of legal counsels, the sugar worker turned labor organizer went back to school to take up commerce and then finished law at the Manuel L. Quezon University (MLQU) in Manila.

While taking up law, she volunteered as a paralegal worker for the Public Interest Law Center (PILC). After graduation, she and eight other lawyers set up PLACE and offered legal services to workers.

Serious effects

“Our work is seriously affected,” Saladero said of the harassment against their organization.

Moreover, Saladero said it has made it much more difficult for their indigent clients from the labor sector especially those who need immediate legal advice.

“Mahirap ang consultations pag ganito,” (It is hard to do consultations in this situation.) Mahinay added referring to their erratic schedule due to security considerations. She said they are forced to meet their clients during unholy hours in different places.

Since they cannot afford professional security aides, they said their clients serve as their on-and-off security who would accompany them during hearings, negotiations or consultations.

No opportunity for legal redress

Since the surveillance in their office intensified, Saladero said they could not help but skip their scheduled hearings at times.

“More than its personal effects on us lawyers, this unabated harassment is affecting the judicial system. It affects the administration of justice because the workers are losing their representation in court,” he said.

“Ang mas malalim na kahulugan nito ay ayaw ng gobyerno na bigyan ng oportunidad ang mga manggagawa sa ligal na pamamaraan,” (The deeper reason for this is that the government does not want workers to have the opportunity for legal redress.) he said. Bulatlat

 

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