I bet these are the exact same thoughts that run though the troubled minds of about 300 Steel Corporation of the Philippines {SCP} employees who are now facing the imminent danger of losing their jobs after the Batangas Regional Trial Court Branch 3 issued an order for the company to undergo liquidation proceedings.

This same court decision fueled the adamant employees to protest what they see as a clear violation of the Labor Code of the Philippines.

In addition, the SCP employees stressed that the rehabilitation court disregarded what the Court of Appeals and Supreme Court earlier ordered that there are still pending cases filed by the group in connection with the issue.

According to more than 50 SCP workers who recently trooped to the Batangas Hall of Justice, they fear of losing their jobs, especially now that the Christmas season is approaching, due to the alleged lack of knowledge by RTC Branch-3 Judge Ruben Galvez about the real state of their company.

“Magkano ang perang involved Judge?!” (How much money is involved Judge?!), the angry employees harangued in front of Batangas City Hall of Justice as they asked Judge Galvez to inhibit from the case. The legal counsel of SCP has already filed a Motion to Intervene with Motion to Suspend Execution of the Order of Liquidation.

The implementation of the liquidation proceedings can be considered a court blunder without the issuance of a 30-day prior notice to the employees for work stoppage as stated in the Labor Code, confided Atty. Herman Nicdao.

“As I stressed earlier, the SCP was in full operation prior to the issuance of the liquidation proceedings. There is no reason to cease operation. So under the law, a 30-day prior notice is required before an employee may be terminated,” he added.

According to him, more than 300 employees of SCP will also not be able receive their wages once the order is implemented.  He then called on Judge Galvez to resolve the dispute as soon as possible for the sake of the families of SCP employees.

“Although BDO assured that if the liquidation proceedings is carried out, they will take care of the financial aspect of the affected workers, what assurance can they give that they are talking about the continuous employment of the workers and not talking about the separation pay of the workers?” Nicdao asked.

Until now, Nicdao maintained that the workforce of SCP is not yet formally informed of the reasons why their company will cease operation.

While there are ongoing debate by the counsels from both parties, it was noted that BDO has yet to give an assurance that employees of SCP will be absorbed once they take over the company.

Moreover, Atty. Ferdinand Topacio, another counsel for SCP, shared that it is indicated in the corporation code that in cases of liquidation proceedings, the baseline of loans and credits should be made clear to every stake holders. He also hopes that justice will be served not only for the interest of SCP but also for the welfare of its 300 employees who are in peril of losing a source of living.

It was revealed that court-appointed receiver Atty. Norma Singson De Leon recently issued a report that SCP is no longer operating rather it was placed under “maintained” and “padlocked” status.  This was then followed by the issuance of the liquidation order from Galvez.

SCP Employees Union President Ruben Rodriguez denied the allegations and stated that their company is 100% fully operational.

“Hindi kailanman tumigil ang operasyon ng aming kumpanya. Baka ang sinasabi nila ay yung pagpapahinto ng operation ng isa sa aming linya na bihira din namang nangyayari. Pero kapag hininto ang isang linya, ay tuloy pa rin ang trabaho ng lahat dahil inililipat ang ilan sa amin sa ibang linya kaya’t walang nababakanteng trabahador sa min!” Rodriguez emphasized.

The danger of losing one’s job, especially in this time of year, is something none of us wants to experience. I personally do not want to be part of the growing statistics. Also, I cannot imagine what I’d do if I were to lose a job and my family depended on my income for our day-to-day expenses. I hope that SCP officials will fight their case to protect their employees, as well as their company. I hope, too, that all those who are concerned will do their best to uphold the rulings of the court and be sure that justice will be served where it is due.

If you’ve been a loyal reader of my blog, I guess you’d know by now that I try to shun political or government topics as much as I can. These issues, together with topics on religion, can involve never-ending arguments and can also spark an assortment of reactions. Of course, on occasions, I break my own rule, especially if there is one particular issue or topic that piques my interest.

I am all for supporting Filipino companies and corporation, whatever industry that might be, if only they can provide quality local employment to our countrymen. I am sure that this is also the thrust of our local government.  After all, more local jobs would mean more happy constituents and improved over-all quality of life.

However, the government is once again put in a bad light, even in the midst of its aggressive campaign to attract investors to the Philippines and  after initiating various reforms to fight red tape and corruption in the bureaucracy, and all for a good reason. A lot of businesses, foreign and local alike, seem to think that doing business in the Philippines remains to this day a very difficult undertaking because of the frequent meddling by the courts, with little consideration of public interest. The judiciary seems to be losing the battle against corruption even after the impeachment of former Chief Justice Renato Corona who was linked to various corruption issues, and involved in a number of cases involving local corporations.

Take for example the case of Steel Corporation of the Philippines. SCP, a 100% Filipino-owned corporation, is the only remaining fully-integrated steel plant in the country, churning out high-quality and locally produced steel products and providing employment for thousands of Filipinos, was reported to have been forcibly brought to corporate rehabilitation by Banco De Oro {BDO},  upon the courts order, in the midst of pending unresolved claims {read about SCP’s full claims here} filed at the Court of Appeals and the Supreme Court. The rehabilitation court has, all of sudden, issued an order on 19 September 2012 converting the rehabilitation proceedings into one of liquidation based on the erroneous, dubious and outdated report of the rehab receiver.

This action of the rehab court said to have been presided over by Judge Ruben Galvez of the Batangas Regional Trial Court’s Fourth Judicial Region, Branch 3 has clearly violated SCP’s fundamental right to due process. And because of this, the already-in-pain local steel industry is now technically dead. This has also paved the way for the proliferation of  smuggled, sub-standard and unrated Chinese steel.

It was rather ironic that our country, rich with high-grade iron ores, as well as other minerals needed in steel production, has a dying steel industry. Most local steel plants have shut down and those who have been brave enough to overcome challenges, much like SCP struggled to do to survive, are cannibalized by wolves in 3-piece suit. And what’s sadder is that they have permission from our courts to do just that!

It is an outrage if you ask me. A clear insult to the Filipino nation and those who are in position ought to do something about this. Shouldn’t they be  helping out our fledgling industries instead of rendering them bankrupt or signing them off as candidates for rehabilitation?

I may not know much about these courts proceedings but I know full well that everyone is entitled to due process, it is everyone’s fundamental right. You cannot simply grab something that does not belong to you out of whim just because the powers-that-be consented it. Corporate conscience {for BDO, if this case is proven to be true} is clearly something that is missing in the picture, as well as honesty to uphold the values and foundations that have put up the institution you are serving in the first place {in the part of the rehabilitation officer who was reported to oversee this process}.

SCP would have continued on to serve a greater purpose for more people, instead of having a few people take advantage of its unfortunate situation. I hope the government will mediate to come up with a settlement that will be beneficial to SCP, too. I also hope this will serve as an eye-opener to our government officials and may they do not let other locally-owned corporations end up the same way.

image from freedigitalphotos.net