Court orders NPC to pay employees P6.49-Billion

by EVMail News on April 7, 2009

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

{ 1893 comments… read them below or add one }

geo January 5, 2014 at 6:00 am

ang manok ni noynoy ngayon Grace Poe at Lacson

HOPE January 6, 2014 at 2:10 am

ay!!!!!gracia kaya ang dala ng mga yan o digracia sa ating mga mamamayan? kilatisin at suriin, pag-aralan at manmanan bago hatulan sa botohan. Pero dapat ibigay na muna ang ating WF,COLA,DAMA claims, yan ang ating kailangan.

hello kitty January 7, 2014 at 2:57 am

ay yayay sis bumbay,..

justinlove January 12, 2014 at 8:07 am

this blogspot is waning and so is COLA/DAMA…keep posting updates to enliven what is rightfully ours.

Updates updates pls.. also here not in FB alone, this site helped right??

kulotsky January 12, 2014 at 9:05 pm

Released of checks of baguio irisan dividends on JAN.14 2014 9:30AM at npc fiesta hall . Bring two valid id and xerox copy.epira and non epira retiree are all entitled. Goodluck and be early.

kulotsky January 12, 2014 at 9:08 pm

Special power of atty ang kailangan para sa mga representatives at valid id ng empleado.

hello kitty January 14, 2014 at 2:15 am

paano un mga nag retire na deceased na? makukuha pa ba nila claims?

hello kitty January 14, 2014 at 2:19 am

katulad ng friend kong 2003 retirees ng naghihintay ng mga npc claims na dead last year,hirap na hirap un family nya kc natangal dahil sa reorg. 10 years after wala sya napasukan work at na matay. sa pagsupporta ng 6 member of family.

hello kitty January 14, 2014 at 2:22 am

ngayon palaboy laboy un family ni walang nakuha kundin konting abuloy sa mga kapit bahay. paano pa kaya makukuha un claims ngayon eh ni hindi yata maka raise ng pamasahe papuntang manila un kawawang wife niya.

HOPE January 14, 2014 at 6:54 pm

Concern din po namin dito sa area namin yan, marami na po ang sumakabilang buhay na na mga kasamahan natin dati sa trabaho dito, at gustung malaman ng mga naiwan nila kung paano naman nila makukuha yang kunting share nila sa WF na hindi na sila pupunta pa ng Diliman. Paki sagot lang po. Salamat and God bless!!!!!!!!

pards January 14, 2014 at 11:52 pm

may nakakaalam po ba contact number ng welfare fund? marami tanong e…

Restyresty January 18, 2014 at 8:31 pm

Pls try this line, 921 3541 then ask to be connected to WF

HOPE January 19, 2014 at 10:36 pm

Thank you sir Resty, paki update din po kung ano na development sa DAMA/COLA claims natin. Natuloy na po ba meeting ni Atty. Galit sa mga NPC lawyers regarding COLA Jan. 20 daw, ano na po result?

hello kitty January 21, 2014 at 2:49 am

usap usapan sa wf office kanina kuru kuro ng mga retiree’s. sa sept 2014 daw baka ma process o umusad un usapin ng cola. sa mga nag iilusyun, abangan……. kesa sa wala kang aasahan..

HOPE January 21, 2014 at 7:56 pm

natuloy kaya ang pakikipag usap ni atty. Galit sa mga lawyers ng NPC noong Jan. 20? kung natuloy man ano kaya ang nangyari? Ano kaya ang basehan ng mga kuro-kuro ng mga retiree’s na baka sa Sept. 2014 pa ma process o umusad ang COLA? tanong lang po kung may makaka sagot. Salamat!!!!!

hello kitty January 25, 2014 at 1:21 am

linawin kulang po, un usap usapan sa wf office ay pawang speculation lang at wala pong final na statement galing sa autoridad, kung baga, kwentong kutsero lang po…wag nyong seryosoin.

HOPE January 25, 2014 at 4:06 am

ah ok, salamat po! God bless!

justinlove February 12, 2014 at 6:26 am

O ano na nangyari dito.?? Wala na ba posts re COLA DAMA updates?? Wala na ba pagasa?? Give up na ba tayo???

justinlove February 13, 2014 at 7:36 am

Haay Give up na nga yata talaga…

hello kitty February 15, 2014 at 3:39 am

sinabi mu eh.

mike February 20, 2014 at 2:49 pm

patay na erpats ko hinde parin nakukuha benefits nya!

hello kitty March 3, 2014 at 1:23 am

mike saan department ba erpat mo?

geo March 17, 2014 at 8:07 pm

wag na lang tayong masyado umasa na mababayaran sa takbo ng nangyayari, dapat may huli tayong paraan

zsarina March 28, 2014 at 3:46 am

ano update?

justin love April 4, 2014 at 4:31 am

wala na pagasa, Huwag na lang umasa… pray..

hello kitty April 11, 2014 at 1:24 am

wag na kayo umasa sa wala dahil wala naman talaga aasahan sa totoo lang

utility group April 16, 2014 at 7:30 pm

napaka hirap naman ng pinagdadaanan natin ano.

jess May 7, 2014 at 4:36 am

MAYO na???.

Albert May 9, 2014 at 11:48 pm

Ilang taon na mga kapatid sa NAPOCOR…wala pa!!!

Lalawa May 12, 2014 at 2:17 am

wla bang magaling na lawyer satin?
kung bkit hindi kumikilos ang kaukulan..
sino ba ang dapat kumilos sa utos ng korte…
bkit hindi magawang ibigay kay pedro ang dapat kay pedro…

justin love May 20, 2014 at 12:25 am

Wag na lang umasa. Wala naman talaga asahan. Kung may prayers na then there must be actions..meron ba? what happened to the proposed rally, nobody knows. it should be posted here para may crowd gathering at sourcing.

boratzky May 26, 2014 at 5:26 am

D nyo ba alam na gumawa sila ng acronym para sa cola at dama para daw minsanan na makuha? Ang bagong acronym na ay Coma…bow! Hehehe

zsarina June 18, 2014 at 8:14 pm

wala parin ba update?

boratzky June 20, 2014 at 7:41 am

Ang kulit baw!

uo-slr July 9, 2014 at 2:12 am

wala ng nag po post ng comment ah. nag sawa rin ang mga retirees…

kulotsky July 14, 2014 at 5:08 am

Lumipat na lahat sa NPP GROUP mas masaya dun maraming comment dun.

Restyresty July 24, 2014 at 11:01 pm

Latest update: good news regarding DAMA, merry Christmas to all

boratzky July 25, 2014 at 8:34 am

Ano yan?

Restyresty July 25, 2014 at 6:36 pm

Atty Vic’s announcement re-dama is posted on his FB account, congrats atty Vic

pards July 26, 2014 at 11:21 pm

share naman po…. ano po ba ang good news re dama?

lalawa July 27, 2014 at 5:08 am

pls share what are those updates….

Restyresty July 27, 2014 at 10:17 am

Just wait to receive the DAMA benifits. Lifted na ang TRO ng dama and therefore for implementation na ang SC order.

lalawa July 28, 2014 at 1:51 am

what about cola and waiver? updates?

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