SC junks petition of pilots

Manila Bulletin
By LEONARD D. POSTRADO
June 19, 2011, 5:31pm

MANILA, Philippines -- The Supreme Court (SC) has junked a petition of a group of commercial pilots seeking the reinstatement of its members who were allegedly an unlawfully dismissed by the Philippine Airlines (PAL) over a labor dispute 13 years ago.

Saying that the case lacked merit, the SC First Division voted for the petition of Airline Pilots Association of the Philippines (ALPAP) to be dismissed.

They also argued that granting the petitioners' plea was tantamount to reopening the labor dispute case between PAL and Alpap which the court had already resolved with finality in 2002.

"A judgment that has attained finality is immutable and could thus no longer be modified. A proceeding may not be reopened upon grounds already available to the parties during the pendency of such proceedings,” read the 13-page decision of SC penned by Associate Justice Mariano del Castillo dated June 6.

Concurring with Del Castillo's opinion were Chief Justice Renato Corona and Associate Justices Teresita Leonardo-de Castro, Roberto Abad and Jose Perez.

Court records showed that the case stemmed from Alpap's plea asking the Department of Labor and Employment (DoLE) to identify specifically who among its members were terminated by PAL after the pilots went on strike on June 5, 1998.