Supreme Court asked to stop move to give P60M in damages to Australian
The Supreme Court has been asked to stop the National Labor Relations Commission (NLRC) from implementing the award of P60 million in compensation to a foreigner who had no alien employment visa to work legally in the Philippines.
In an urgent motion for a temporary restraining order (TRO) filed on August 10, Eulalio Ganzon, of E. Ganzon Inc. (EGI) and EGI-Managers Inc., told the high court that NLRC has set a hearing at 2 p.m. on August 17 “undoubtedly for no other purpose than the execution of the assailed decision.”
Ganzon and his firms are protesting the court’s third division ruling on Sept. 18, 2009 that awarded P60 million in compensation to Australian Andrew James McBurnie.
The 2009 ruling was handed down by the third division then chaired by now retired Justice Consuelo Ynares Santiago, who also wrote the decision.
Ganzon earlier filed a motion for reconsideration of the third division’s Jan. 25, 2012 resolution that denied his and his companies’ second motion for reconsideration and pleaded that the case be elevated to the court en banc.
A check with the high court’s third division showed that Ganzon’s motion is still pending consideration by the court.
Ganzon’s plea for a TRO in his urgent motion was furnished the NLRC in a manifestation and motion.
Through lawyer Teodoro M. Jumamil, Ganzon asked the NLRC to reset its August 17 hearing until after the high court has ruled on his motion.
Ganzon said in a statement that he also asked the NLRC to require McBurnie’s presence during the hearing.
According to Ganzon, McBurnie could not have filed personally, as required by the rules, the alleged illegal dismissal case against Ganzon in 2002 because he had left the country in 1999 and has not returned since. Ganzon cited a certification from the Bureau of Immigration dated March 30, 2009 that showed McBurnie has not returned to the Philippines since he left the country 10 years ago.
