Labor group joins petition vs EO No. 2

By Jerome Aning
Philippine Daily Inquirer
First Posted 05:40:00 12/09/2010
p. A11

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20101209-307886/Labor-group-joins-petition-vs-EO-No-2


Filed Under: Civil & Public Services, Legal issues

MANILA, Philippines—A labor group has joined the Supreme Court petition seeking to stop the implementation of Executive Order No. 2, which recalled, withdrew and revoked the so-called “midnight appointments” of the Arroyo administration.

The Federation of Free Workers (FFW), a labor group that used to take a pro-government stance during the presidency of President Gloria Macapagal-Arroyo, Wednesday said it had filed a petition for intervention in support of FFW national vice president Jose Matula.

Matula was appointed by Arroyo as commissioner, representing the workers, of the Social Security System (SSS) on Mar. 5, 2010, six days before the constitutional ban on midnight appointments.

But since taking his oath on April 14, Matula was classified as a midnight appointee under EO 2 and was not allowed to take his seat in the agency.

With the FFW leaders, Matula filed with the high court Wednesday a petition-in-intervention “with urgent prayer for the issuance of a temporary restraining order and writ of preliminary mandatory injunction”.

The FFW leaders alleged that EO 2 was unconstitutional since it “unduly expanded the meaning of ‘midnight appointment’” without basis in law.

Before his formal appointment, Matula had already been serving as SSS commissioner in an acting capacity since 2006. He said that under the SSS charter, his term should end on Aug. 15, 2012.

Citing Section 3 of Republic Act No. 8282 that created the SSS, Matula said workers’ representatives appointed to the commission have a term of three years.

‘Highly recommended’

The commission oversees the SSS, which has a membership of 28 million workers nationwide and assets of about P300 billion.

As an FFW official, Matula directly represents its more than 100,000 members who are active paying members of the SSS.

He was “highly recommended” to be appointed SSS commissioner by the members of the FFW governing board and other labor unions.

The FFW has been an active tripartite partner of the labor department and and enjoys consultative status with the International Labor Organization, as well as other regional and global federations and networks of labor and civil society.

The FFW is challenging the implementation of EO 2 by SS Commission Chair Juan B. Santos. Matula said he was informed by Santos that he was being terminated and being replaced by lawyer Ibarra Malonzo by virtue of EO 2.

Malonzo was to take his oath Wednesday.

The FFW’s petition also alleged that Santos and Executive Secretary Paquito Ochoa Jr., who represents the Office of the President, committed “grave abuse of discretion amounting to lack of jurisdiction in issuing and implementing EO 2.”

It cited that the Supreme Court, after taking cognizance of a similar suit filed by an official of the Office of Muslim Affairs, had issued on Oct. 12 a “status quo ante” order telling the executive branch to suspend the implementation of EO 2.

The FFW said the dismissal of Matula as SSS commissioner was an act in defiance of the court order.

The labor leaders said they filed the petition to “protect the material and substantial right” of Matula to his term of office at SSS and to “prevent serious and irreparable damage” to him, the workers and the entire SSS.”