CEBU, Philippines - The SPC Power Corp. terminated two employees the other day as the company continues to pursue the libel case against them and an official of a Manila-based non-government organization after a Makati court issued a warrant of arrest against them in the interest of justice for the corporation and its stakeholders.
But the two called the termination illegal and filed a case for unfair labor practice at the National Labor Relations Commission-Regional Arbitration Branch No. 7, Cebu City, yesterday.
The termination of two employees, Gaudioso Iso Jr. and Joel Tolentino, stemmed from their publication of defamatory and libelous statements against the company for which a corresponding libel case has been filed in court.
Likewise included in the charge is Dr. Giovanni Tapang of the Samahan ng Nagtataguyod ng Agham at Teknolohiya para sa Sambayanan.
The Investigating Panel-Disciplining Authority of SPC found the two employees guilty of serious misconduct, dishonesty for causing the publication of malicious statements, breach of trust, and willful disobedience.
The order to dismiss was signed by the panel chairman Reinerio Lastimoso and members Romulo Capuras and Jocelyn Capule.
Iso and Tolentino, are president and secretary of the Salcon Power Independent Union, respectively.
While acknowledging that the dismissal stemmed from the libel case, both Iso and Tolentino described the termination as harassment due to their union activities.
"Klaro man kaayo nga gi-terminate mi tungod sa amo-ang union activities. Mao na nga ni-file gyud mi og unfair labor case against the management. On-going pa man ang kaso namo sa libel. Wala pay desisyon ang korte," Iso said.
Iso and Tolentino have been working in the company for the past 16 years. Iso, Tolentino, and Tapang are currently on bail after the Makati Court in its January 28, 2010 order issued a warrant of arrest and set the bail at P10,000 each. The two accused immediately posted bail.
The case arose as a result of public statements from the three during a press conference on May 28, 2009 accusing SPC Power Corp. of receiving “excess payments from the National Power Corporation in the amount of P738 million that it should refund to the consumers.”
The three alleged, in a statement that was published in another paper that “NPC paid the company salaries for 354 employees for the past 15 years. However, there are only 190 employees in the company. The difference of 164 employees multiplied by an average monthly salary of P25,000 yields an amount of P4.1 million a month or P738 million for 15 years.”
The three accused further alleged that “the company has ‘silent profits’ in billions of pesos in connection with the purchases of coal and other fuel products needed by its power plant.”
“The statements were false and defamatory” and “caused dishonor, discredit and contempt to the reputation and goodwill of the company, which it painstakingly established and nurtured…for several years in has been in operation,” said Ma. Lorelai Dulig, assistant city prosecutor of Makati, in her resolution approved by Makati City Prosecutor Feliciano Aspi.
The three had denied uttering these statements. However, the Makati prosecutors’ office found the existence of probable cause and the denial of their defendants “can be better threshed out during the trial.”
SPC Power Corp., which has its main office in Makati, is represented by Senior Vice President for administration and finance Alfredo Ballesteros, has asked for a total of P1.5 million in actual, moral, and exemplary damages for the injury the libelous statements caused the company.
A separate damage suit was filed by SPC Power Corp. against the three at the RTC in Makati City. – Mitchelle L. Palaubsanon/BRP (THE FREEMAN)