Court orders NPC to pay employees P6.49-Billion

ORMOC CITY – A Quezon City regional trial court has awarded with finality this week some 9,777 employees of the National Power Corporation (NPC) a whooping P6.496-Billion representing “back allowances” and unpaid cost of living allowances (COLA) from November 1989 up to 1999, when the case was filed against the government corporation.

The sum, if equally divided among the 9,777 employees, would give each around P664,000.00. However, the distribution of the money would be prorated, depending on their salary scale, as the back allowances and COLA due to them represents 40 plus 10 percent of their salaries, respectively.

Presiding Judge Luisito G. Cortez of the RTC Branch 84 in Quezon City has also ordered NPC to pay the employees another P 704-million interest at 12 percent per annum on the whole sum, from the time the complaint was filed in December 2007 until its resolution in December 2008. The lawyers and “consultants” of the NPC employees were also awarded 300,000.00 in attorney’s fees, aside from five percent of the entire amount that each employee will receive, as consultancy fee for them. That would be around P324.8-million.
A notice to comply dated March 24, this year, has since been served by the sheriff of RTC Branch 84 to the NPC on March 25, after the decision became final. It is not learned at this point in time if the NPC would file an appeal on the judge’s decision at the Supreme Court, or if still can be appealed.
However, NPC employees are confident they would get the P6.496-Billion award, banking on a similar case that has already been resolved by the Supreme Court just last December 2008. This was the complaint filed by terminated members of the NPC Drivers and Mechanics Association (NPC DAMA). The Supreme Court has ordered NPC to pay the terminated drivers their back wages and allowances, saying their termination from work was illegal. The National Power Corporation is a government-controlled corporation. Its transmission facilities under TransCo have since been privatized, including the one in Eastern Visayas based at Milagro, this city, which was bought by a Chinese firm and now operating under the name National Grid Corporation of the Philippines (NGCP).

NPC is the same entity that has recently been allowed by the Energy Regulatory Commission (ERC) to increase on their power rates by some P1.1460 in the Visayas, claiming they have been operating on the red. However, in a certification issued on April 22, 2008, Alexander Japon, NPC senior finance department manager, certified that it has available funds for the payment of back allowances and COLA to its personnel and former employees in the amount of P8.5-Billion.
To demand for the immediate compliance of the court order, former NPC employees, majority of who have since been absorbed by the new owners of its facilities, have started a “peaceful assembly” in their respective locations every lunch break. Here in Milagro, this city, the employees took to assembling at the plant gates during their lunch break starting Friday, March 27, 2009. Requesting anonymity, some employees told the EV Mail that what they are doing is just to dramatize their demand, but they are doing it during their lunch break so as not to disrupt the normal operations of the electric transmission facility.

Class suit

The complaint against the NPC is for mandamus. It was filed by two employees originally, Abner P. Eleria and Melito B. Lupanco. Eleria was president of the NPC Employees Consolidated Union or NECU and Lupanggo, president of the NPC Employees and Workers Union (NEWU). Soon thereafter, their respective unions filed as petitioner-intervenors in behalf of its members. The judge then ruled that since the parties involved were numerous, that the same was a “class suit”. The petitioners complained to the court that before November 1989, they received allowances and COLA which were discontinued after the Salary Standardization Law took effect. The Department of Budget and Management, on the other hand, issued DBM Corporate Circular No. 10 (CCC No. 10), as its implementing guidelines. The guidelines, however, proved fatally defective after it was not published. It was only published by the DBM on the Official Gazette on March 1999, after 10 years. Government counsels, on the other hand, including the Office of the Solicitor General, tried to argue for NPC and DBM, attacking the complaint for various technicalities including the non-payment of the proper amount of docket fees.

However, Judge Cortez brushed these aside, invoking in his decision the constitutional right of the people to the equal protection of law. In his prefatory statement, the judge said “The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. The state values the dignity of every human person and guarantees full respect of human rights.” He also invoked that “Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty”. He said that when the case was filed at his sala, the Clerk of Court computed the proper fees for its filing then, since it was only in the course of the proceedings that it became a “class suit”. As such, the judge also imposed a lien of P145.4-million on the total award representing payment of the adjusted docket fees. He cited Section 2, Rule 141 of the Rules of Court that provides: “Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute lien on the judgment in satisfaction of said lien”. with a report from JP Serseña

50 thoughts on “Court orders NPC to pay employees P6.49-Billion

  • October 10, 2014 at 7:36 am
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    Dalawa po ang Victor Garcia sa list.

    • October 10, 2014 at 10:21 am
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      Nasa lists po pareho Victor C. Garcia at Victor Gaudencio C. Garcia.

      • October 10, 2014 at 6:06 pm
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        Hi Amad,

        I am Edgardo Gonzales,NPC BACMAN,can you please send me the un-official list of DAMA claimants, edgar67@hotmail.ca

  • October 10, 2014 at 7:55 am
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    OFFICIAL STATEMENT ON PENDING NPC LABOR CASES

    This is to update the NPC employees on the pending NPC labor cases.

    In the 08 October 2014 National Power (NP) Board Meeting, the Board instructed NPC to coordinate closely with PSALM to fast track the completion of the Compliances to be submitted to the Supreme Court in relation to the DAMA case. As with regards the Baysic case, NPC and the Office of the Solicitor General are expected to meet and discuss the case in light of the BETOY case. On the other hand, while the COLA & AA case was in the agenda to update the Board on the letters of the claimants’ counsel, no action has been made and as such, the NPC Management belies the misinformation that the COLA & AA claims have been approved. The earlier position of the NP Board to await the decision of the court remains.

    We hope that this statement clarifies these labor issues.

    10 October 2014

  • October 10, 2014 at 9:30 am
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    Helo po..father q po c Virgilio A. Lim kasama po ba xa s mga claimants? Pls kindky send ur feedback to my yahoo. Acct lim_shiela01@yahoo.com tnx

  • October 10, 2014 at 6:44 pm
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    Hi Mr. Amad, my name is Domingo E. Larano, from NPC-SLRC, can you please send me a copy at domingolarano@yahoo.com. Thank you very much

  • October 10, 2014 at 8:37 pm
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    Hi Amad,

    I am Edgardo Gonzales,NPC BACMAN,can you please send me the un-official list of DAMA claimants, edgar67@hotmail.ca

    Thanks!

  • October 10, 2014 at 10:15 pm
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    Can somebofy tell what is the case of miss baysic at mr betoy na sinabi sa official announcement ng NPC? Thank you

  • October 10, 2014 at 10:20 pm
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    hi, tatay ko po si Monib D. Calandada, NPC AGUS 2 Lanao del Sur… kasali po ba siya sa mga claimants? thank you…

    God Bless

  • October 10, 2014 at 10:37 pm
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    Hello po sir ! Can u pls send me a copy of the unofficial list of claimants ? Thnk u so much for ur kindness.

  • October 10, 2014 at 10:44 pm
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    hi po ir Amad, tatay ko po si Monib D. Calandada, NPC agus 2 Lanao del sur Marawi city, kasama po ba sya sa claimants ng COLA at DAMA? thank you
    God Bless… i-send nyo po sa email ko po niatoksssfarah@gmail.com

  • October 10, 2014 at 10:54 pm
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    ms hazel ako po ba kasali sa list ng dama claimants Zenaida L. Santos.tnx po

  • October 10, 2014 at 11:02 pm
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    tuloy po ba yung rally sa Monday?tnx

  • October 11, 2014 at 3:23 am
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    Sir, pwede po ba makahingi list of claimants kahit unofficial ? Paki send po sa gindorchu@yahoo.com. Maraming salamat po.

  • October 11, 2014 at 5:39 am
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    meron po bang Edelio I. Parangue sa listing?

  • October 11, 2014 at 2:59 pm
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    Ang napag-uusapan sa NPP.
    1. DAMA Indignation Rally (October 13, 2014 at 8:00am) sa Lunes na po ito.
    2. Wala pa pong ginagawang computation ng backwages, wala pa raw kautusan ng SC at hwag tayong mabahala sa lumabas na list.

  • October 11, 2014 at 6:15 pm
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    SAntos Zenaida L. kasali sa list

  • October 11, 2014 at 8:45 pm
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    Good luck po sa atin sa magaganap na rally bukas. We may not be participating in the rally because we live very far from Manila but our prayers will be with you. God will always bless us. Go! go! go! EPIRA-affected NPC employees!

  • October 11, 2014 at 9:04 pm
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    Sir amad,

    Father ko po si CESARIO N. DOGNIDON JR.
    Gusto ko lang po malaman kung kasali po
    Sya sa list ng mga claimants.
    Kung pde po pa forward sa email ko nung list. Sarah_dognidon@yahoo.com
    Thank you po!

  • October 11, 2014 at 10:47 pm
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    Goodluck po sa ating rally bukas….sana pakinggan ng npc mgt ang ating mga kahilingan sa kanila anyway papasko na lang nila sa atin…..di po ako makakadalo dahil sa layo po ng aking kinaroroonan….Mabuhay po ang mga NPC AFFECTED EMPLOYEEs…..

  • October 12, 2014 at 12:27 am
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    kayu pong mga nagtatanong kung kasali sa dama claimant. paki usap lang para hindi po mapuno itong space. pwede mag hintay nalang tayo ng official announcement. kc po lalu lang nagkakaroon ng maling impression ang ating mga kasamahan kung tayong lahat eh mag po-post ng tanong dito kung kasali tayo. mag hintay nalang po sana at wag mag panic, anyway, wala pa pong official statement at lahat ng na i post dito ay mga un official pa lamang at hindi pa pwedeng basihan para tayo ay mabayaran. un lang po mga kasama. salamat po….

  • October 12, 2014 at 4:48 am
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    thnx po… natanggap ko na ang list,kaya lang 2003 to 2009 lang din yung nabigay na list (kagaya lang sa dati na list)multiplied by 1.6 nga lang….. :)

  • October 12, 2014 at 7:31 am
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    Sir amad itatanong ko po kung nasa list ng qualified claimant po ba si Reynaldo Raflores kasama po siyang natangal noong 2003 sa MSD sucat plant. Paki sagot po thanks.

    • October 12, 2014 at 10:08 am
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      Nandon po sa list. Download nyo na lng yong list of claimants sa link na ibibigay ni Prospero Plazo. Thank you.

      • October 12, 2014 at 10:12 am
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        Paalala lng po mga kasama, yong nasa akin na lists ay UNOFFICIAL pa lng. Thanks.

  • October 12, 2014 at 11:19 pm
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    Pwede po bang malaman kung kasama na ang COLA dun sa amount na nakalagay sa unofficial list ? Salamat po sa maaaring sumagot….. Kamusta po yung rally ?

    • October 13, 2014 at 5:48 am
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      Sir Mar Reyes, natuloy ba ang rally kanina sa head office ng Napocor at ano nangyari?

  • October 14, 2014 at 9:22 pm
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    Sir ahmad, pwde po pa send ng list of claimants. I want to know if my father is included. Eto po email ko prmacarambon@yahoo.com

    • October 15, 2014 at 4:56 am
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      Tahimik yata ang paligid kasi wala ng mga updates , hakahaka at mga kurukuro.

  • October 15, 2014 at 7:19 am
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    Sir ahmad, can you send me the list of claimants. I want to know if my father is included. Eto po email ko ashlyunos@yahoo.com

  • October 15, 2014 at 7:58 am
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    Sir Amad, may I know if I am included on the list of claimants. please reply thank you and God bless us all.

  • October 15, 2014 at 9:19 am
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    Paki basa po muna yong mga previous comments bago po kayo mag post para hindi mapuno ang space dito. May mga tanong na kayo na nasagot na po. Maari nyo ng idownload lists sa link na ipost na dito. Salamat po.

  • October 15, 2014 at 11:02 am
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    ang sa list ba ay mababawasan pa yan or may additional up to 2014 list? ang amount..?

  • October 15, 2014 at 1:27 pm
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    We don’t know yet. It was previously stated here that the list is UNOFFICIAL. Please wait for further instruction/announcement of the SC.

  • October 16, 2014 at 4:50 am
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    Sir Amad itatanong ko po kung nasa list ng qualified claimant po ba si Remigio B. Principio Jr. kasama po siyang natangal noong March 2003 sa MSD sucat plant. Paki sagot po thanks.

  • October 16, 2014 at 6:24 am
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    Oo jojo nakita ng misis ko yung name mo sa list qualified claimant insan.

  • October 16, 2014 at 7:41 pm
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    Comment:
    The computed amount in the unofficial list is definitely not correct. As you can see, the period covered is from January/February 2003 to January 31, 200_

    The year in the January 31 is not clear. Definitely January 31 is incorrect. The correct period of backwages/benefits is from march 1, 2003 to September 14, 2007

    • October 16, 2014 at 9:44 pm
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      Sir ger, i agree with you na hindi tama yung amount sa sinasabi nila na unoifficial list ng dama claimants .kasi marami ang wala sa list na ito .at saka ito yung lumang e- copy ng list na dinagdagan lang ng isang column para sa intetest. Kaya hintayin na lang natin yung Official at totong list na manggagaling sa Napocor.

      • October 17, 2014 at 5:41 am
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        Ang sabi po sa sept 9 2014 resolution ay (j) DIRECT…. petitioner and respondent to SUBMIT, within 45 days … lists of NPC employees as of January 31, 2002…: i. full name; ii. date of hire; iii. last day of uninterrupted service after date of hire; iv. position and salary as of last day of service; v. …. at anytime from NPC, the amount of termination or separation pay received and date of receipt.

        Hindi po hinihingi ni supreme court ang computation galing sa dalawang parties. Kaya nakapagtataka kung ano yung klaseng computation or options ang pinapagawa pa ng PSALM at DOF sa napocor.

        Doon naman sa item v. na kung saan kailangan ang separation vouchers, September 2008 pa sinabi ng korte suprema na kakailanganin ang nareceive na 2003 separation pay para sa panibagong computation ng separation pay i.e. up to sept 14, 2007. Eh bakit ngayon lang naghahanap ang mga iyan ng mga vouchers? amin-6 na taon ang palugit. Sobra-sobrang oras para hanapin ang mga vouchers. Hindi dapat payagan na humingi ng extension to submit!

    • October 17, 2014 at 2:28 am
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      I also agree with you Ger. Kaya I suggest na huwag po muna tayo maaligaga regarding this unofficial list. Anyways, as Amad said, it is “Unofficial”. We don’t even know yet if DAMA and NPC have complied with the order of the court last September. Only SC will decide as to the proper claimants and the correct computation.

      Dama-yan is also correct. It will be best if we read the previous comments. Our other colleagues have exerted all their efforts in the battle for this DAMA case. Our only duty is to monitor what is happening. Everything that transpired was written in the comments.

  • October 16, 2014 at 10:06 pm
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    pwede po ba ipakita rin yung list ng COLA? tnx

  • October 17, 2014 at 4:10 am
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    MGA KASAMA SA OCTOBER 27, 2014 (MONDAY), ITO PO ANG LAST DAY NA DAPAT ISUBMIT NG NPC ANG LISTAHAN AT KUENTAHAN NG MGA BENIFFICIARY NG DAMA AS ORDERED BY THE SUPREME COURT. ITO ANG ARAW NA MALALAMAN NATIN KUNG SINO SA TINGIN NG NPC ANG ENTITLED AT MAGKANO ANG TATANGAPIN NG BAWAT ISA SA ATIN. MAY RALLY PO ULI TAYO SA ARAW NA ITO. MAG UMPISA PO ANG RALLY 10am-4pm same venue. SANA MAKAPUNTA TAYONG LAHAT.

    ANG PAGKAKAALAM KO SA COVERED NG COLA FROM 1989 to 1999.

  • October 17, 2014 at 7:54 am
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    Magtatanong lang po…. tama po ba na ang coverage ng Cola ay from 1989-1999? bakit po yung payroll list na lumabas noon ay from 1992 to 1999? alin po ang tama sa dalawang nabanggit….salamat po….mababayaran po ba tayo sa taong ito na 2014 sa dama at cola? kawawa naman po yung ibang kasamahan natin dati sa napocor na talagang kailangang-kailangan dahil sa mga may karamdaman….sana ibigay na ng kasalukuyang namamahala sa npc ang karapatan at benepisyo ng mga dating empleyado ng npc na apektado ng EPIRA law…Madam Pres sana po ay maging maunawain kayo sa mga dating empleyado ng napocor….salamat po

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