NLRC SPEECH

Thank you, Mr. President. Distinguished colleagues. I speak before you today on a matter of personal and collective privilege.

May mga nagsasabi na tuwing nagsasalita ako, I make them uncomfortable. I tend to be harsh. But I have come to learn in the years that I have been a broadcaster that discomfort drives change. And that is why I stand before you today because it seems that we have become desensitized with regard to the plight of our laborers in the cases they file with the NLRC. Recently there has been an increase in incidents of employees encountering difficulties in recovering their money claims or executing judgments that they fought so hard for.

Just last week, my attention was called regarding incidents involving cases that they brought before the NLRC. A heartbreaking example is the case of Tommy Flaviano at ang kanyang mga kasamahan na kahit nanalo na sila sa NLRC nahirapan silang makasingil ng kanilang panalo. Nagsimula sila na benete sila na mga complainants at dahil sa tinagal at bagal ng proseso, siyam sakanila ang namatay na, labing isa na lang ang natitira. Dinarasal po ng natitirang labing isang na ito na sana madatnan pa nila na sila ay mga buhay pa at matanggap ang kanilang ipinanalong pera. Mr. President we will make sure that things like this should and will not ever happen again.

Ironically, the Constitution provides as a policy that "The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare." But if you go to the office of the NLRC and ask them if they feel that they are valued as a primary social economic force, I am quite sure they will either laugh at you or they will be clueless about what that means.

Indeed, the enforcement of rights through litigation is not the same for employers and employees. Iba ang pinagdadaanan ng abusadong employer at ng kawawang manggagawa. Ang employer pag nanalo di mahirap para ipaexecute ang decision. Kadalasan inaaprubahan lang ang pagtanggal ng empleyado. Pero pag nanalo ang empleyado, pahirapan. Parang treasure hunt ang paghahanap ng mananagot sa award ng korte. Saan ba ang problema pagdating sa mga proseso sa NLRC? Based on interviews and research that we have conducted, the concerns arise at the very beginning when the parties go to for SENA or Single Entry Approach where the parties appear before a mediation officer to possibly reach an amicable settlement. Even if these procedures provide that only the parties will attend, sometimes the employer-party sends their lawyer posing as their representatives to attend the conference. The employees are easily intimidated. I propose that only non-lawyers could represent parties before the SENA. Further, the SENA officers must be given guidelines by the NLRC on unreasonable settlements being proposed at the SENA level. The officers must be able to protect the employees against these kinds of agreements when their rights are really being violated.

When the parties do not reach a settlement before the SEnA, they proceed to file the case before the Labor Arbiter. At this point, delays have been noted in the resolution of cases. During the hearing before the Committee on Labor before our staunch labor defender Senator Jinggoy Estrada, the NLRC admitted the delay that has been caused by delay in filing and service of pleadings and processes. But I would like to point out that during the pandemic, the courts and even the NLRC have resorted to electronic filing. I implore that the NLRC institutionalize the use of this digital technology in its filing and service. The Supreme Court has provided sufficient guidelines when it comes to electronic filing and service. The NLRC could follow suit.

But the biggest problem our employees have is execution. Kumbaga parati silang nganga matapos nila ilaban ang kaso nila. True, the rules of the NLRC provide for a cash bond and surety bond. But the problem is this cash bond and surety bond only arises when the case is appealed from the Labor Arbiter to the NLRC. Most employers who want to evade the payment of money claims, would stop fighting cases with their employees at the Labor Arbiter level. Because if they appeal to the Commission, they have to file a cash bond or surety bond equivalent to the award. Thus, it is easier to simply hide. Taguan na ng mga ari arian.

We have to do something about this because the rights that we provide in our laws become useless when the employees could not enforce them in the end. Hence, resulting in just paper victory. Nagpagod lang ang kawawang empleyado.

I will file a proposal to provide a way to garnish the properties of the employers at the Labor Arbiter level. This will ensure that even while the case is pending the employees will have something to run after to answer for a favorable judgment. And during execution, it seems that the sheriffs are always at a loss in running after corporate employers who either close down or empty the coffers of the corporate entity to avoid paying the judgment award. It is difficult to have to prove the piercing of corporate entities in executing judgments. I propose that if the employer-party fails to appear during the execution conference of labor money claims and could not provide for the settlement of the judgment claim, there will be a presumption that the piercing doctrine will apply and the officers and directors will be solidarily liable for the judgment award.

My dear colleagues, we provide our laborers with so much benefits, but when it is violated and we do not ensure its enforcement, our work here in the legislature becomes useless. I would like to end my speech with the quote of social activist Bryan Stevenson. He said that: "The opposite of property is not wealth, the opposite of poverty is justice." Social justice mandates us to give our less fortunate laborers a fighting chance with the laws that we implement. Hindi basta bigay lang tayo ng bigay ng Karapatan at benepisyo. Kailangan siguraduhin natin na ang mga ito ay mapapatupad.

Thank you Mr. President and my dear colleagues for indulging me with your time and attention.