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STATEMENT FROM THE UNIVERSITY OF SAN AGUSTIN - SHERIFF'S REPORT
Over the weekend, the University of San Agustin received a copy of the Report dated September 26, 2003 submitted by DOLE Sheriff Francisco L. Reyes and Rocky M. Francisco to the Hon. Josephus B. Jimenez, DOLE Undersecretary for Labor Relations anent the strike held by the University of San Agustin Employees’ Union – Federation of Free Workers last September 19, 2003. The University reproduces the Sheriffs’ Report in full:
“Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF THE UNDERSECRETARY FOR LABOR RELATIONS Intramuros, Manila
MEMORANDUM
FOR : HON. JOSEPHUS B. JIMENEZ Undersecretary for Labor Relations This Department
RE: SHERIFFS’ REPORT ON THE LABOR DISPUTE AT THE UNIVERSITY OF SAN AGUSTIN, ILOILO CITY, ILOILO NCMB-RBVI-ILO-NS-08-003-03
Date : September 26, 2003
This constitutes as the Sheriffs’ Report regarding the service of the Order dated September 18, 2003 issued by the Honorable Secretary of Labor Patricia A. Sto. Tomas assuming jurisdiction over the labor dispute at the University of San Agustin.
On September 18, 2003, the undersigned Sheriffs arrived in Iloilo City at approximately 4:35 p.m. The undersigned Sheriffs were to first proceed to the office of the NCMB Regional Director Adorico D. Dadivas, Jr. however we were already met at the airport by NCMB Director Dadivas and Conciliator Llanto. With NCMB Director Dadivas and Conciliator Llanto, we proceeded to the office of the University of San Agustin Employees’ Union – FFW located inside the campus of the University of San Agustin.
At approximately 4:55 p.m., we arrived at the Union’s office but it was already closed. The undersigned Sheriffs suggested to NCMB Director Dadivas for them to proceed to the University’s Security Office to seek the latter’s assistance in locating Union officers or members. The undersigned Sheriffs also suggested to position themselves by the main gate of the University since it was dismissal time and the likelihood of meeting a Union officer or member was very likely. NCMB Director Dadivas however suggested to the undersigned Sheriffs to just serve the Order the following day.
On September 19, 2003, at approximately 6:45 a.m., the undersigned Sheriffs together with Conciliator Llanto arrived at the University. We positioned ourselves and stayed at the security guards’ outpost located at the main entrance of the University until 8:00 a.m. but did not encounter any Union officer or member. We proceeded to the Union’s office. On our way, we heard students telling each other “Walang pasok. May strike na!” We immediately went back to the main entrance of the University and there saw persons apparently some elements of the Union at the early stages of a strike. The Union was hanging streamers and posters along the wall of the University facing General Luna Street, setting up a public address system and gathering together.
The undersigned Sheriffs then asked a security officer of the University to go to the Philippine National Police station located just across the University in order for the latter to render assistance to witness the service of the Order on the Union or the posting of the Order in the event the Union refused to be served the Order.
When PO3 Victor Legaspi arrived, we approached the striking Union elements and asked for their president. We were told that their president was not around and was in a radio station giving an interview. We met the Union’s Vice President, Ms. Merlyn Jara and the Union’s former president, Mr. Roger de Pedro. After reading the Order, Ms. Jara and Mr. de Pedro refuse to accept the Order since the Union’s officers allegedly passed Board resolution No. 3 on September 16, 2003 providing supposedly that only the president of the Union, Mr. Theodore Neil Lasola, was authorized to receive the assumption order. The undersigned Sheriffs asked and were given a copy of the Union’s Board Resolution referred to. Attached is a copy of the same.
Sheriff Reyes explained to Ms. Jara and Mr. de Pedro as well as the other Union officers and members around that even if they refused to acknowledge receipt of the Order due to a Board Resolution, the Order will be considered served. Sheriff Reyes further informed the Union that once the Sheriffs post the Order of the Secretary of Labor, it is considered received by the Union. The undersigned Sheriffs then informed the Union that they will also proceed to the radio station where their president was being interviewed. The undersigned Sheriffs were then informed that the Union president was giving interviews only through a phone.
At approximately 8:45 a.m., the undersigned Sheriffs posted copies of the Order of the Secretary of Labor at the main gate of the University, the main entrance of one of the University’s buildings and at the Union office. The posting of the order, in particular at the main gate of the University was documented and witnessed by PNP police authorities and the Union.
At 9:20 a.m., the undersigned Sheriffs served the Order on the University of San Agustin.
The undersigned Sheriffs were then brought by Conciliator Llanto to a restaurant where NCMB Director Dadivas was waiting. At the restaurant, NCMB Director Dadivas informed the undersigned Sheriffs that they were proceeding back to the scene of the strike since the lawyer of the Union was there.
We went back to the main gate of the University and there NCMB Director Dadivas introduced us to the Union lawyer, Atty. Mae Lacerna a former DOLE Regional Director. Atty. Lacerna however refused to be officially served the Order again pointing to Board Resolution No. 3 passed by the Union officers. Atty. Lacerna then informed the undersigned Sheriffs that the Union president will accept the Order at around 5:00 o’clock in the afternoon. Atty. Lacerna told the undersigned Sheriff that only when the Union president receives the Order at 5:00 p.m. shall the Union recognize the Secretary of Labor as having assumed jurisdiction over the labor dispute.
Sheriff Reyes informed Atty. Lacerna that based on their standard procedure and practice in serving assumption order, the Union was served the Order as of 8:45 a.m. Sheriff Reyes in fact told Atty. Lacerna that they no longer has to stay in Iloilo since the Order has been served on the Union and the University. Atty. Lacerna tried to convince the undersigned Sheriffs to deem the Order served when the Union president received the same at 5:00 p.m. The undersigned Sheriffs respectfully informed Atty. Lacerna that they cannot agree with her position. At this point, NCMB Director Dadivas directed the undersigned Sheriffs to wait and serve the Order on the Union president later in the afternoon. NCMB Director Dadivas questioned the practice followed by the undersigned Sheriffs when the Union refused to accept the Order due to a Union Board Resolution.
At around 3:00 p.m., Atty. Lacerna sent a text message to Conciliator Llanto who showed the message to the undersigned Sheriffs. The text message reads: “Union president will be here at 5:30 p.m. to receive Secretary Order. He’s still having meeting with union board and monitoring. Will meet with me at 5:30 p.m.”
At 3:20 p.m., the undersigned Sheriffs together with NCMB Director Dadivas and Conciliator Llanto proceeded to the University where they met Atty. Sabino Jose M. Padilla, III, counsel for the University. Atty. Padilla informed the undersigned Sheriffs that he arrived in Iloilo at 11:00 a.m. as requested by his clients on account of the strike. Atty. Padilla was then served a copy of the Order at 3:35 p.m.
When informed that the Union president was to be served a copy of the Order at 5:00 p.m., Atty. Padilla objected since the Order should be deemed served as of 8:45 a.m. Atty. Padilla then stated that in the event the Order is served on the Union president at 5:00 p.m., the latter should be informed that the service is a mere formality and that the Order was deemed served as of 8:45 a.m.
At around 5:00 p.m., the undersigned Sheriffs were in quandary as to what to do in light of the position taken by NCMB Director Dadivas that service is effective only when the Union president formally receives the Order which was contrary to their standard practice of posting the Order in the event a union refuses to receive the assumption order. Sheriff Reyes contacted this Office and was instructed to act in accordance with standard practice when a Union refuses to receive an assumption order for one reason or another and thereafter submit a detailed report as to what actually transpired.
At around 5:25 p.m., the Union president arrived and received the Order. After the Union president signed and indicated the date and time he received the Order, Sheriff Reyes wrote below the Union president’s name “This is considered served at 8:45 a.m. by Union President, (Sgd.) Sheriff Reyes.” Sheriff Reyes then explained to the Union president the standard procedure they follow when a union refuses to received an assumption order. Upon instruction of Atty. Lacerna, the Union president wrote on the Notice “Actual Time of Receipt” pertaining to his signature, dated (09/19/2003) and time (5:24 p.m.) When he received the Order. Thereafter, Atty. Lacerna and the Union president got angry at the undersigned Sheriffs. They insisted that the actual time of receipt of the Order was 5:25 p.m. and not 8:45 a.m. Sheriff Reyes merely informed them that they were only doing their jobs. At this point, Conciliator Llanto asked the undersigned Sheriffs to leave to avoid trouble and untoward incidents.
Attached are various photographs showing the posting of the Order of the Secretary of Labor dated September 18, 2003 and a copy of the Board Resolution No. 3 dated September 16, 2003 of the Union.
Respectfully submitted for your information and guidance.
(SGD.) MR. FRANCISCO L. REYES (SGD.) MR. ROCKY M. FRANCISCO Special Sheriff Deputy Sheriff
Last Friday, September 26, 2003, a school and work day, the Union called for a general membership meeting. Had the 600 plus Union membership attended said general membership meeting, operations and classes in the University would have been greatly disrupted again. In fact, a considerable number of classes were cancelled last September 26, 2003. The University was then at a loss why despite the Order dated September 18, 2003 of the Honorable Secretary of Labor strictly directing the University and Union to, among others, “cease and desist from committing any act that might exacerbate the situation,” the Union insisted on pushing through with its meeting and hence exacerbating the already strained relations between the parties. Parenthetically, the general membership meeting held last September 26, 2003 was in violation of a long standing written regulation of the University that no activities, especially those that will disrupt classes shall be held within two weeks prior to examinations.
The Sheriffs’ Report has put in proper perspective why the Union was so bold in refusing to receive the Order of September 18, 2003 of the Honorable Secretary of Labor assuming jurisdiction over the labor dispute at 8:45 a.m. on the day of the strike and insisted on receiving the same around 5 o’clock later in the afternoon. The same Sheriffs’ Report has likewise put into perspective why the Union to this day persists in resorting to activities that tend to “exacerbate the situation” contrary to the directive of the Order of September 18, 2003. Accordingly, the University hereby admonishes and warns for the last time any and all officers and members of the Union to strictly comply with the Order of September 18, 2003 of the Secretary of Labor; in particular, the portion which reads “the parties are directed to cease and desist from committing any act that might exacerbate the situation.”
The University again reserves the right to file the necessary and appropriate charges against Union members and officers who have committed or will commit acts tending to “exacerbate the situation” in violation of the Order of September 18, 2003 of the Secretary of Labor as well as the government officials mentioned in said Sheriffs’ Report.
THE UNIVERSITY OF SAN AGUSTIN |
