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Secretary Rosalinda Dimapilis-Baldoz (5th from left), assisted by Surigao del Norte Gov. Sol Matugas and Surigao del Norte 1st Dist. Rep. Francisco Matugas, unveils the marker declaring Siargao Islands a Labor Laws Compliant tourist destination. The marker was unveiled at the Philippine Ports Authority compound in Dapa, Siargao Island, on April 17, 2015. S iargao, the island famous for its ‘Cloud 9’ surfing waves, and certified as a protected biodiversity area in the country, basks on yet another level of recognition as Labor and Employment Secretary Rosalinda Dimapilis-Baldoz had declared the island- province as labor laws-compliant tourist destination. “With the recognition, Siargao becomes the fifth in the country to join the league of tourist destinations that had been declared labor laws-compliant,” said Baldoz, counting the islands of Boracay, Guimaras, Camiguin, and Dinagat as eminent members of the league. Baldoz had unveiled markers in these island tourist spots proclaiming them as labor laws-compliant after they passed the DOLE’s Labor Laws Compliance System’s tripartite-led joint assessment. To herald Siargao’s achievement, Secretary Baldoz, along with DOLE senior officials led by Undersecretary Rebecca C. Chato, DOLE Caraga Regional Director Atty. Johnson G. Cañete Bureau of Working Conditions Director Catherine L. Parado, Bureau of Local Employment Director Dominique R. Tutay, Labor Communications Office Director Nicon F. Fameronag, Institute of Labor Studies Executive Director Grace Riguer, and Planning Service Director Adeline de Castro, and Siargao province’s local leaders led by Governor Sol F. Matugas and Congressman Francisco T. Matugas, unveiled the marker declaring Siargao as labor laws compliant tourist destination at the Philippine Ports Authority in Dapa, Siargao Island on 17 April 2015. “The labor reforms that we have initiated are continuously taking shape and in fact, bearing fruits, and the recognition of labor-laws compliant tourist destinations and eco-zones in the Philippines, in which your province is the latest addition, is now further energizing the emergence of a ‘culture of compliance’ in the industry,” the Secretary said as she addressed a gathering of tripartite partners at a ceremony in Dapa Port. The Secretary also led the inauguration and recognition of DOLE initiated projects in the Siargao Island and in the Caraga Region. At the Siargao Provincial Capitol Building, Secretary Baldoz turned-over a Job Search Kiosk (JSK) to Gov. Matugas, while Director Tutay oriented the province’s Public Employment Service Office staff and other local government officials on the operation of the employment information portal. Baldoz assured Siargao officials, led by Governor Sol F. Matugas and Congressman Francisco T. Matugas of the First District of Surigao del Norte, that Siargaonon jobseekers have now access to relevant information on job openings, to hiring requirements of employers, and to information on upgrading their skills through the TESDA programs and BLE career guides with the use of JSK. Baldoz also led, along with DOLE Siargao Provincial Head Hermie Baytoc, the signing of Memorandum of Agreement on Voluntary Code of Good Practices. Atty. Cañete, DOLE Caraga Regional Office Director, also joined the Secretary in awarding the Certificates of Compliance to 127 establishments in Siargao province and Regional Tripartite Wages and Productivity Board (RTWPB) Caraga Board Secretary Earl dela Victoria in recognizing Isla Cabana Resort as recipient of the Productivity Incentive Award. The labor and employment chief had also a chance to personally meet former OFW Helen A. Nalupa of Agusan del Norte who is one of the pioneer recipients of DOLE’s ‘Sa ‘Pinas, Ikaw ang Ma’am/ Sir.” Nalupa, a teacher who had worked as a household service worker, passed the Licensure Examination given by the PRC in Hongkong in 2014. Baldoz also awarded former OFW Rechie K. Alcolar P10,000 worth of welding equipment for his machine shop as a beneficiary of the National Reintegration Program for OFW’s Livelihood Development Assistance Program. Moreover, Secretary Baldoz, together with OWWA Regional Director Samuel Madrid awarded certificates of completion to 35 beneficiaries of the OWWA skills training on coco sugar and coco vinegar production. TESDA also awarded during the program the P1 million worth of scholarship grants to select Siargao residents. Secretary Baldoz’s declaration of Siargao Island as Labor Laws- Compliant Tourist Destination now complements and completes the package of the province as an ecological haven. Siargao has been declared by the Department of Environment and Natural Resources as one of the country’s key biodiversity area (KBA) which paved the way for the establishment of the Siargao Island Protected Landscape and Seascape or SIPLAS under Presidential Proclamation No. 902. (GSRubio) Siargao’s proclamation as labor laws-compliant tourist destination completes distinction as ecological sanctuary—Baldoz
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Page 1: Volume V - Number 4

Secretary Rosalinda Dimapilis-Baldoz (5th from left), assisted by Surigao del Norte Gov. Sol Matugas and Surigao del Norte 1st Dist. Rep. Francisco Matugas, unveils the marker declaring Siargao Islands a Labor Laws Compliant tourist destination. The marker was unveiled at the Philippine Ports Authority compound in Dapa, Siargao Island, on April 17, 2015.

Siargao, the island famous for its ‘Cloud 9’ surfing waves, and certified as a protected biodiversity area in the country, basks on yet another level of recognition as Labor and Employment

Secretary Rosalinda Dimapilis-Baldoz had declared the island-province as labor laws-compliant tourist destination.

“With the recognition, Siargao becomes the fifth in the country to join the league of tourist destinations that had been declared labor laws-compliant,” said Baldoz, counting the islands of Boracay, Guimaras, Camiguin, and Dinagat as eminent members of the league. Baldoz had unveiled markers in these island tourist spots proclaiming them as labor laws-compliant after they passed the DOLE’s Labor Laws Compliance System’s tripartite-led joint assessment.

To herald Siargao’s achievement, Secretary Baldoz, along with DOLE senior officials led by Undersecretary Rebecca C. Chato, DOLE Caraga Regional Director Atty. Johnson G. Cañete Bureau of Working Conditions Director Catherine L. Parado, Bureau of Local Employment Director Dominique R. Tutay, Labor Communications Office Director Nicon F. Fameronag, Institute of Labor Studies Executive Director Grace Riguer, and Planning Service Director Adeline de Castro, and Siargao province’s local leaders led by Governor Sol F. Matugas and Congressman Francisco T. Matugas, unveiled the marker declaring Siargao as labor laws compliant tourist destination at the Philippine Ports Authority in Dapa, Siargao Island on 17 April 2015.

“The labor reforms that we have initiated are continuously taking shape and in fact, bearing fruits, and the recognition of labor-laws compliant tourist destinations and eco-zones in the Philippines, in which your province is the latest addition, is now further energizing the emergence of a ‘culture of compliance’ in the industry,” the Secretary said as she addressed a gathering of tripartite partners at a ceremony in Dapa Port.

The Secretary also led the inauguration and recognition of DOLE initiated projects in the Siargao Island and in the Caraga Region.

At the Siargao Provincial Capitol Building, Secretary Baldoz turned-over a Job Search Kiosk (JSK) to Gov. Matugas, while

Director Tutay oriented the province’s Public Employment Service Office staff and other local government officials on the operation of the employment information portal.

Baldoz assured Siargao officials, led by Governor Sol F. Matugas and Congressman Francisco T. Matugas of the First District of Surigao del Norte, that Siargaonon jobseekers have now access to relevant information on job openings, to hiring requirements of employers, and to information on upgrading their skills through the TESDA programs and BLE career guides with the use of JSK.

Baldoz also led, along with DOLE Siargao Provincial Head Hermie Baytoc, the signing of Memorandum of Agreement on Voluntary Code of Good Practices.

Atty. Cañete, DOLE Caraga Regional Office Director, also joined the Secretary in awarding the Certificates of Compliance to 127 establishments in Siargao province and Regional Tripartite Wages and Productivity Board (RTWPB) Caraga Board Secretary Earl dela Victoria in recognizing Isla Cabana Resort as recipient of the Productivity Incentive Award.

The labor and employment chief had also a chance to personally meet former OFW Helen A. Nalupa of Agusan del Norte who is one of the pioneer recipients of DOLE’s ‘Sa ‘Pinas, Ikaw ang Ma’am/Sir.” Nalupa, a teacher who had worked as a household service worker, passed the Licensure Examination given by the PRC in Hongkong in 2014.

Baldoz also awarded former OFW Rechie K. Alcolar P10,000 worth of welding equipment for his machine shop as a beneficiary of the National Reintegration Program for OFW’s Livelihood Development Assistance Program.

Moreover, Secretary Baldoz, together with OWWA Regional Director Samuel Madrid awarded certificates of completion to 35 beneficiaries of the OWWA skills training on coco sugar and coco vinegar production.

TESDA also awarded during the program the P1 million worth of scholarship grants to select Siargao residents.

Secretary Baldoz’s declaration of Siargao Island as Labor Laws-Compliant Tourist Destination now complements and completes

the package of the province as an ecological haven.Siargao has been declared by the Department of

Environment and Natural Resources as one of the country’s key biodiversity area (KBA) which paved the way for the establishment of the Siargao Island Protected Landscape and Seascape or SIPLAS under Presidential Proclamation No. 902. (GSRubio)

Siargao’s proclamation as labor laws-compliant tourist destination completes distinction as ecological sanctuary—Baldoz

Page 2: Volume V - Number 4

DOLE Good News

2 April 2015

The Labor Communications Office is open to receiving letters from readers expressing their views and comments, and/or suggestions on articles that appear on the DOLE Good News. Letters should be no more than a hundred words. Your letters will be published in succeeding issues of the DOLE Good News. Send your letters to:

Department of Labor and EmploymentLabor Communications Office6th Flr. DOLE Bldg. Muralla St. Intramuros, Manila

or e-mail us at [email protected]/[email protected]

If you believe in Good News,

tell us.

The DOLE Good News is published by the Department of Labor and Employment, with editorial office at the Labor Communications Office, 6th Floor, DOLE Building, Intramuros, Manila. The views expressed herein are those of the writers and/or their sources and do not necessarily reflect those of the DOLE’s or the Philippine Government’s.

Readers’ queries, comments, and suggestions are welcome. Mail or fax them in, or call us at telephone numbers 527-3000 loc. 621. Our fax number is 527-3446. You may also visit our website: www.dole.gov.ph; or e-mail us at [email protected] or [email protected].

EditorNICON F. FAMERONAG

Director, LCO

Associate EditorCATHERINE MARIE E. VILLAFLORES

Staff WritersGERRY S. RUBIO

CELESTE T. MARINGHAZEL JOY T. GALAMAY

MA. VERONICA R. ALMAZORA

Graphic ArtistGREGORIO I. GALMAN

PhotographerJOMAR S. LAGMAY

Circulation ManagerGIRLIE MARLYN E. ARCE

Contributing Regional Writers

DIANA JOYZ ESGUERRA - NCR

JULIENNE FORTUNATO - CAR

ARLY S. VALDEZ - Region 1

REGINALD B. ESTIOCO - Region 2

JEREMIAH M. BORJA - Region 3

FRANZ RAYMOND AQUINO - Region 4A

ROSEMARIE CAMPOS - Region 4B

RAYMOND P. ESCALANTE - Region 5

AMALIA N. JUDICPA - Region 6

LUCHEL TANIZA - Region 7

MELDY TABANAO - Region 8

GAY IRIS TANGCALAGAN - Region 9

MILDRED E. DABLIO - Region 10

SHERWIN B. MANUAL - Region 11

MICHELLE T. OLOG - Region 12

IRIS C. ASIS - Caraga

DOLEGood News

VERSEAS CORNER

The Overseas Workers Welfare Administration (OWWA) has reactivated its Crisis Monitoring and Response Team (CMRT) to respond to the critical

situation in Yemen after the alert level in the area was raised to 4 due to its worsening armed-conflict.

OWWA Administrator Rebecca J. Calzado ordered the reactivation of the CMRT to closely-monitor the status of evacuees, border-crossers, and Filipinos staying at holding areas, and to coordinate with the Department of Foreign Affairs (DFA) and the Philippine Missions in the repatriation of affected OFWs in the area.

The CMRT is a special committee of OWWA that is reactivated in times of political unrest in countries where there are affected Filipino migrant workers.

The committee ensures the timely response and assistance of OWWA to the distressed and displaced workers from war-torn nations.

It is likewise directed to identify the needs and carry out the usual services of Repatriation Assistance Division (RAD) for repatriated workers upon arrival at the airport, and provide regular and timely advisories to the public as well as maintain records of repatriated OFWs.

OWWA has already accorded 342 repatriated Filipino migrant workers from Yemen with necessary airport assistance which includes a special lane for the processing of immigration papers of the repatriates, provided temporary shelter and transport services and fares for their on-ward travel to their respective provinces.

OWWA is also part of the DOLE- Assist WELL which caters to the welfare, employment, livelihood and legal needs of the displaced workers.

OWWA reactivates Crisis Monitoring and Response Team for Yemen crisis

photo: indiatoday.in

photo: middleeastnewsservice.com

Page 3: Volume V - Number 4

DOLE Good News

3April 2015

DAVAO CITY — For this mother of three, being unaware of the legal process of working

abroad made her learn a life’s lesson the hard way.

In dire need of work, and with the desire to go abroad, 34-year-old Marian Vanessa Lacerna, a resident of Brgy. Ulas, gave in to the supposed opportunity her friend proposed her—a household service worker in Dubai. The short process was so alluring that she grabbed it without any second thought, even of its legalities.

“I never went through any registered employment agency, nor did I know that I have to pass through POEA and other government agencies,” Marian said.

Marian worked in Dubai as an undocumented household service worker in 2009. Her stint on the job only lasted for about a year and later returned to the Philippines.

During her stay, she did not have regular communication with her three children because she was not allowed by her employers to use mobile phones. Also, she was seldom granted day-off.

“I was only allowed to use cellular phones a few times; one was during Christmas time and when they gave me the tracking number of the remittance to my family,” Fatima said.

DOLE’s P10-K aid to expand ex-undoc OFW’s micro biz

EX-OFW AID. Marian Lacerna, former undocumented OFW in Dubai, receives from OIC-Assistant Regional Director Jason P. Balais, the check amounting to P10,000 as livelihood aid to expand her vegetable retailing business. Also in photo is Rea Sa-an, NRCO Regional Coordinator for Davao Region. (photo by Sherwin Manual)

Going back to the country, she thought it was an absolute end. She thought she can no longer support her family. With a meager capital, she started to put up her own vegetable vending business.

Luckily, after attending the orientation on the programs of the National Reintegration Center for OFWs (NRCO), she learned she

qualified to avail of its services and assistance.

She availed herself of the P10,000 livelihood assistance from the DOLE-NRCO.

“I will use this amount to expand my small store selling vegetables. I will also venture now in rice retailing business,” she said.

With DOLE-NRCO, the OFWs and their families like Marian, are now able to work and live with entrepreneurial mindset, primarily through the creation of awareness on the value of saving, and empowering them to plan for investment, business, or local employment upon their return, while responding to the reintegration needs of displaced OFWs and OFWs

in distressful situations.The NRCO is the youngest

bureau under the Department of Labor and Employment. It acts as the Philippine government’s Reintegration Manager, addressing the multifaceted needs of our modern heroes and their families to a more productive return to the Philippines. (Rob Gumba/DOLE GIP)

An employee of the Overseas Workers Welfare Administration Regional Welfare Office- VI displayed a true act of honesty when he returned a wallet he found at the front desk of the OWWA Office in Iloilo City.

Allen “Jack” Arroyo, Overseas Workers Welfare Office (OWWO I), brought the wallet to a local radio station to help find the wallet’s owner, an OFW who visited the OWWA office for an inquiry.

The wallet contained an Iqama, important identification cards, credit cards, four 100 US dollar bills, a check worth P18,000, and bills and coins in Philippine currency all amounting to approximately P38,000.

“The OWWA staff waited until 5 p.m. for the OFW to come back to the office. When she failed to return, I immediately went to a radio station in order to broadcast the loss of the wallet,” Mr. Arroyo related.

According to Mr. Arroyo, he returned the wallet for the simple reason that it is not his.“It was not mine. I have merely done my job as an OWWA employee and a fellow Filipino.

This should be the normal response of anyone who has found something that was lost by somebody,” Arroyo added.

According to the radio station, the wallet was claimed by the OFW the following morning, with the owner leaving a thank you note to the OWWA personnel. (SMJS)

OWWA employee returns OFW’s wallet with P38-K

OWWA Regional Welfare Office VI employee, Allen Arroyo, right, shows the wallet’s content to a local radio station.

Page 4: Volume V - Number 4

4 April 2015

DOLE Good News

The Department of Labor and Employment-X – Eastern Misamis Oriental (DOLE-X-EMO) assisted the payment of monetary benefits to five workers

through the Single Entry Approach (SEnA) amounting to P96,860.36 as an offshoot of the conciliation-mediation.

Settled in just seven days, EMO OIC Provincial Head Marina G. Ereno, awarded the whole amount in a one-time payment to the affected workers.

Bella Manuel, one of the workers, sought the help of the DOLE after waiting for six months for the payment of her monetary benefits after being retrenched. She was amazed by the fast transaction, especially upon her receipt of the check amounting to P75,860.36 immediately a day after the first SEnA conciliation.

Mandaluyong City Mayor Benjamin C. Abalos, Jr. has signified his commitment

to extend assistance to at-risk Filipino youths in his city by increasing their chances of obtaining decent employment under JobStart Philippines.

In a simple ceremony held at Mandaluyong City Hall, Mayor Abalos, DOLE-NCR Regional Director Alex V. Avila, DOLE-

NCR PAPAMAMARISAN Field Office Director Ma. Corazon M. Pepito, Mandaluyong City Public Employment Service Office (PESO) Manager Emma L. Javier, Bureau of Local Employment (BLE) Director Dominique Tutay, and Asian Development Bank Officer Kelly Hattle signed the Memorandum of Agreement for the implementation of JobStart Program.

DOLE solves unemployment of at-risk youthsThe program was launched by

the Asian Development Bank and the Government of Canada, in partnership with the Philippine Government through the Department of Labor and Employment, and the Local Government Units.

JobStart aims to enhance the employability of at-risk youth through the improvement of their integration into productive employment via technical training for three months, or an on-the-job training for the same period with a matched employer. Aside from this, the program offers life skills training for the beneficiaries.

Mandaluyong City is one of the five recipient cities in the National Capitol Region with 200 youth beneficiaries for this year.

Mayor Abalos, during the signing, expressed the City’s commitment to sustain the program by its possible integration to the regular programs and services within the LGU.

For 2015, 14 PESOs will be the subject of the phase-in approach of the program, with 3,200 beneficiaries as the initial target.

In the succeeding years, the number is expected to grow by more than a dozen-fold. (Marian Jane C. Alumbro, PAPAMAMARISAN Field Office)

(L-R) Mandaluyong PESO Manager Emma Javier, DOLE-NCR Regional Director Alex Avila, Mandaluyong City Mayor Benjamin Abalos, Jr., BLE Director Dominique Tutay, Asian Development Bank Officer Kelly Hattle, and PAPAMAMARISAN Field Office Director Ma. Corazon Pepito show the signed MOA for the implementation of JobStart program.

SEnA benefits Eastern MisOr workers speedy payment of P96-K labor and employment benefits

The amount included her separation pay, 13th month pay, and cash bond.

“I am very happy to finally receive the amount after a long wait”, she thankfully said to Ms. Ereno.

She added that SEnA is truly an effective way of getting her employer’s attention to settle the case.

The four other workers from the different establishments also received their benefits due them on the same month. A total of some P21, 000, including other non-monetary benefits, were accorded to them on their second scheduled conciliation.

DOLE-X Regional Director Raymundo G. Agravante said that SEnA is one of the flagship innovations of DOLE under Department Order 107-10 that provides a speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues, concerns and setbacks through a concialiation-mediation process. (Dean Macalaguing, DOLE-X Eastern Misamis Oriental PFO)

Page 5: Volume V - Number 4

DOLE Good News

5April 2015

DOLE Good News

In just eight days, 15 construction workers from Bulacan receive P83-K in money claims, thanks to the DOLE

CITY OF MALOLOS – Fifteen construction workers from Bulacan recently received

P83,000 small money claims thanks to the Single Entry-Approach, the Labor Department, said on Thursday.

DOLE Regional Director Atty. Ana Dione reported to Labor and Employment Secretary Rosalinda Dimapilis-Baldoz that the workers filed a request for assistance (RFA) to the DOLE Bulacan Field Office early last March.

DOLE Bulacan Field Office Head Nely Punzalan said that the workers sought the DOLE’s assistance on issues of their monetary claims with their employer, FAT Builders Construction.

“One of the marching orders of our Regional Director this year is to ensure that the SEnA continues to provide an avenue in resolving labor disputes at the soonest for both workers and employers. We have lived up to be one of the best implementers of this program since 2010 and we are here committed to work together with concerned parties for a win-win solution,” Punzalan said.

The said workers, who have finished their contract with their employer months ago, have not yet received their monetary claims when they sought the DOLE’s help.

At least only three conciliation-mediation conferences were facilitated between the complaining construction workers and management of the said construction firm.

Seasoned SEnA Desk Officer (SEADO) Robert Paredes, who presided and facilitated the conciliation-mediation conference for both parties, only needed eight days to resolve the issue.

“We’re very happy that both parties were both open for this social dialogue and we thank them for being cooperative in allowing us to help them resolve their differences,” Paredes said, adding:

“The beauty of conciliation-mediation in resolving labor issues through the SEnA prevents both parties from going through the harsh costs and emotions of the litigation process. The SEnA is a very good option to help them out.”

The P83,000 that the workers received represents the payment of premiums on

Legal Holiday, 13th Month, and other wage differentials.

The said amount was personally received by the concerned workers in cash from their employer who was represented by its legal counsel, Atty. Norberto Buena.

Construction worker Joel Jalmasco, who spoke in behalf of his fellow claimants, thanked and lauded the DOLE Bulacan Field Office’s effort in resolving their issues.

“Ako po, kasama ng aking mga ka-trabaho, ay lubos na nagpapasalamat sa mabilis at agarang aksyon ng DOLE sa pagtugon sa aming kahilingan na mabayaran kami ng wasto ng aming kumpanya. Tamang tama po ang tulong ng DOLE dahil magagamit ko po ang perang natanggap ko sa panganganak ng aking asawa,” Jalmasco said, adding:

“Ito ay tuy lamang ng magandang hangarin ng DOLE na magkaroon ng mabilis, epektibo, at agarang solusyon sa mga di pagkakaunawaan ng mga manggagawa at ng mga namumuhunan patungkol sa trabaho, sahod o benepisyo. Tunay nga naman na kapag may problema sa trabaho, i-SEnA mo.”

On April 6, the construction workers and company representatives will meet again for a possible re-hiring on other construction projects.

The Single-Entry Approach, or SEnA, continues to be an inexpensive and speedy reform program of the Department of Labor and Employment (DOLE) in addressing labor disputes. (Jerry Borja with reporting from Robert Paredes)

DOLE-Bulacan Field Office head Nely Punzalan (right) and the workers who sought the DOLE’s assistance.

Construction worker Joel Jalmasco, who represented

his fellow claimants, receives the P83K check from SEnA Desk Officer

Robert Paredes, who presided and facilitated

the conciliation-mediation conference for both parties which only took eight days

to resolve.

Page 6: Volume V - Number 4

DOLE Good News

6 April 2015

On 14 April 2015, the Legal Representation Division (LRD), Legal Service, received a Notice of Judgment with the attached copy of the Decision dated 20 March 2015 rendered by the Fifteenth (15th) Division of the

Court of Appeals in the case entitled, “Oscar De Jesus Dela Cruz vs. Antonio G. Galvez” docketed as CA-G.R. SP. No. 128161. Petitioner Oscar De Jesus Dela Cruz (Petitioner, for brevity), filed a Petition for Review under Rule 43 of the 1997 Rules of Court praying for the nullification of the 14 December 2011 Order and 06 December 2012 Resolution issued by then Undersecretary Danilo P. Cruz.

The case arose from the Complaint filed by Antonio G. Galvez (Complainant, for brevity) against Mr. Dela Cruz before the POEA for “conduct which tends to destroy harmonious relationship of the company” and “other gross misbehaviors prejudicial to good order and discipline” under 2003 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers (2003 POEA Rules). The Ship Captain Teodoro Baldugo was also charged of the same violation for not immediately reporting the incident to the company, and for stating the Complainant and Petitioner reached an amicable settlement, when in fact none was made. Both parties were employed as seafarers by Leonis Navigation Co. Inc and were deployed on board M/V Island Oasis. Complainant was the Chief Mate in the said vessel while Petitioner was the Chief Engineer.

Complainant alleged that on 13 February 2007, there was an altercation between him and Petitioner in the telephone when the vessel was traversing the Mississippi River on its way to New Orleans. After the vessel safely arrived at the port of New Orleans and had their breakfast, Complainant saw Petitioner and invited the latter to talk inside the office to reconcile their differences. Complainant sat on a chair but Petitioner loudly and angrily uttered: “uupakan kita diyan” to which the former replied: “no, I called you here to reconcile and not make trouble”. Thereafter, Petitioner started to punch Complainant but the latter only tried to defend and did not fight back. Petitioner’s attack continued until he was stopped by some crew.

Thereafter, Complainant immediately sought medical attention due to injuries sustained. He took a leave and decided to disembark the ship because of the continuous threat to his life. He arrived in the Philippines on 14 April 2007, and two days after, he went to the Commission on Human Rights (CHR) to seek legal advice. He was referred for medical examination and the CHR referred his complaint to the POEA.

On 16 April 2007 Complainant filed his complaint before the POEA against the Petitioner and the ship captain.

On 10 November 2010, POEA Administrator Jeniffer Jardin-Manalili issued an Order dismissing the Complaint. On appeal, said Order was partially modified by the DOLE in its 14 December 2011 Order declaring Petitioner guilty of violating Section 1 (B.15) Rule II, Part VI of 2003 POEA Rules and suspending him for a period of one (1) year and six (6) months from participating in overseas employment program of the POEA.

On 7 March 2012, Petitioner filed a Motion for Partial Reconsideration Order which was denied in the assailed 06 December 2012 Resolution of the DOLE.

The Honorable Court’s Ruling:The Honorable Court denied the petition for availing the wrong remedy

Petitioner assailed the Order of the DOLE before the Court of Appeals under Rule 43 of the 1997 Rules of Court. The proper remedy is a Petition for Certiorari under Rule 65, pursuant to the rulings laid down in the cases of NFL vs. Laguesma (G.R. No. 123426, March 10, 1999) and St. Martin Funeral Homes vs. NLRC (G.R. No. 130866, September 16, 1998) which held that the decisions of the NLRC and those of the Secretary of Labor and Employment are tangent, but all are within the umbra of the Labor Code of the Philippines and its implementing Rules. Thus, Section 2, Rule 43 of the Rules of Court which specifically provides that said Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines, applies in this case.

Brushing aside the technicalities, the Court of Appeals still found the petition unmeritorious and affirmed the Order of the DOLE.

It concluded that the allegations of Petitioner are not true. Complainant returned to the Philippines due to fear for his life considering the animosity between him and Petitioner and not because he is a troublemaker. Moreover, Complainant was again deployed in M/V Van Orchid by the same manning agency. Further, Petitioner is no longer connected with the manning agency. Finally, it was established that Complainant suffered injuries due to the attack committed by Petitioner which the latter did not deny.

Accordingly, the Court found no grave abuse of discretion when DOLE ruled against the petitioner. The assailed ruling was based on annexes submitted by the parties. The Court ruled that there was no misapprehension of facts by the DOLE.

Court of Appeals finds no grave abuse of discretion on DOLE’s rulingCEBU CITY, PHILIPPINES – A famous businessman

in Cebu City supports the Department of Labor and Employment (DOLE) promote productivity as a tool

to help establishments become ready for the full implementa-tion of ASEAN integration.

DOLE 7 OIC Regional Director Exequiel R. Sarcauga lauded Philip N. Tan, President and CEO of Wellmade Group of Companies, for sharing some of their best practices with other establishments.

“We are proud to say that we found an advocate in the per-son of Mr. Tan insofar as promotion of productivity and fair labor practices is concerned,” said Sarcauga.

“2015 is the year for the full implementa-tion of ASEAN Inte-gration with which the Philippines is among the 10-member coun-tries facing the chal-lenges posed by other bigger economies globally,” explained Director Sarcauga.

He added that in the arena of ASEAN Integration, the Phil-ippines also faces competition even from other ASEAN-member countries.

“To survive competition, we have to be productive. And to become productive, we need tools like gain-sharing learn-ing sessions to help us condition and position ourselves as we endeavor to become aggressive to stay in the lead pack, or else we will be left behind,” he further said.

On his talk on Gain-Sharing Geared towards ASEAN In-tegration, Tan emphasized on the importance of giving back to the workers and on making them feel they are valued. “We can promote sustainable economic growth through fair distri-bution of productivity gains,” he said.

According to Tan, productivity is a journey and not a des-tination between management and labor and that, it is neces-sary for them to align their values.

He further encouraged said sectors to work together and refrain from being adversarial to one another. “The beauty of having a union is that it can help management increase profit. If workers are motivated and if they feel that they are given importance, they will help their companies grow,” he added.

He challenged the labor unions and management represen-tatives to promote productivity based on gain-sharing, em-phasizing that productivity should be a joint effort between both groups.

Tan presented the way gain-sharing scheme has been ap-plied in all his companies including the benefits it has con-tributed not only to his business’ growth but also to the posi-tive impact it creates in terms of the incentives shared to his employees.“It took years for me to perfect the scheme for my companies. But now, it has definitely paid off and I’m happy to see that my people are also happy and motivated to work,” he added.

Asked on the possibility of conducting trainings on gain-sharing scheme, Tan expressed willingness to take part in the endeavor. “I challenge the management and labor sectors to keep an open mind and explore the possibility of implement-ing the program in their respective companies,” he finally quipped. (LSTaniza)

Famous businessman backs up DOLE in its gain sharing scheme advocacy

PHILIP N. TAN

Page 7: Volume V - Number 4

DOLE Good News

7April 2015

The DOLE IV-B, through its Romblon Field Office, awarded a total capital seed fund of

P1,318,980 for the implementation of livelihood projects of Creative Hands Association of Romblon (CHAR), Nagkakaisang Pamilya Tungo sa Kaunlaran Association (NPTKA), Abundant Grace Livelihood Association (AGLA) and Lico KALIPI Chapter in the 1st Quarter of 2015.

The Creative Hands Association of Romblon (CHAR)’s project Home Garments Manufacturing, Nagkakaisang Pamilya Tungo sa Kaunlaran Association and (NPTKA)’s Peanut Butter and other Peanut Delicacies Production received P523,060 and P239,135, respectively. Meanwhile, the Abundant Grace Livelihood Association (AGLA)’s Community Empowerment through Establishment of Production Facility for Hand Tailored Crafts was awarded P340,015, and Lico KALIPI Chapter’s Peanut Butter Production received P216,771.

Carlo B. Villaflores, Field Office head of DOLE Romblon FO, in behalf of OIC-Regional Director Teodoro T. Delson, awarded the checks to the beneficiaries and the heads of the respective Barangay Local Government Units that serve as Accredited Co-Partners (ACPs).

Trina Firmalo, Chief of Staff of the Office of the Provincial Governor served as guest of honor in the awarding of checks in Odiongan. She encouraged the officers and members to be pro-active in running their business and be a part of progress of the province by making sure that the funds awarded to them will be used to facilitate job creation and uplift the standard of living of each member.

Heeding the request of Ms. Firmalo, CHAR and NPTKA Presidents Russell F. Fabellore and Dina R. Relano assured that they will see to it that their association will work hard to make sure that the funds given them will become the stepping stone of their groups’ progress. “Sinisigurado po naming na ang perang ibinigay ng DOLE sa aming asosasyon ay aming pauunlarin at kami ang magiging modelo ng mga kababaihang grupo dito sa Romblon na nagbibigay trabaho sa aming lugar” Fabellore said.

Teary eyed, Relano promised that the fund granted by the department will

surely help them uplift the standard of living of their members. “Hinding-hindi po kayo mapapahiya sa tiwalang ibinigay ninyo sa amin upang palaguin ang perang ipinagkatiwala ng gobyerno sa amin. Napakalaking karangalan po sa amin na kami po ang inyong napili upang tulungang mapaunlad ang aming mga sarili”, she added.

The project of NPTKA was the first Project GRACE (DOLE, DOST, TESDA and DTI) coordination with a 4Ps group in the province. The association was organized under the supervision of Romblon PSWDO.

Meanwhile, LGU-Ferrol, Romblon Vice Mayor Vicente P. Gregorio and

some Sangguniang Bayan members graced the awarding of livelihood to AGLA in Barangay Agnocnoc in the said municipality. LGU-CajidiocanVice Mayor Mabini T. Maca and SB Constancio M. Gotanco were present during the awarding of livelihood for Lico KALIPI Chapter in Lico, Cajidiocan, Romblon.

Representatives from other national agencies comprising the GRACE Project; namely DOST, TESDA and DTI were also present during the awarding ceremonies. (Renell G. Mayo, LEO III / LCO – Designate DOLE Romblon Field Office)

DOLE IV-B awards P1.3-M to workers associations, 4Ps group in Romblon

(Top to bottom) DOLE-Romblon Field Office Head Carlo Villaflores and OVG Chief of Staff Trina Firmalo award livelihood checks to BLGU-Budiong Brgy. Capt. Joel Falogme and CHAR Pres. Rusell Fabellore, and to BLGU-Tulay Brgy. Capt. Adriel Fajutagana and NPTKA Pres. Dina Relano .

Page 8: Volume V - Number 4

CEBU CITY — The Department of Labor and Employment Regional Office No. 7 turned over two hundred thirty-one thousand one hundred

twenty-nine pesos (P231, 129) in livelihood assistance to the family of the late PO1 Wendel L. Candano, one of the members of the Philippine National Police-Special Action Force (PNP-SAF) who died during the Mamasapano incident.

Mr. and Mrs. Eusebio Candano, the parents of PO1 Candano, received the amount.

“We made sure to fast track the processing of the assistance to be extended to the Candano family. We hope that they will take care of and nurture this undertaking. It is also our wish that this project will help change their lives for the better,” said DOLE 7 OIC Regional Director Exerquiel R. Sarcauga.

According to Sarcauga, the amount will finance the Candano’s backyard piggery project which will be situated in Lawaan, Dumajug, Cebu, their hometown.

Also present during the ceremonial acceptance were Michelle Candano, wife of the late PO1 Candano, and their son.

To recognize PO1 Candano’s heroic act, a two-minute standing ovation was given by the attendees and the DOLE 7’s officers and staff.

In behalf of the Candano family, Eusebio Candano thanked the DOLE for giving them an alternative livelihood which will surely help them earn and generate income.

“The assistance extended to the Candano family is under the DOLE’s Integrated Livelihood and Emergency Employment Program (DILEEP),” said DOLE 7 Assistant

Regional Director Joel M. Gonzales.According to Gonzales, the ceremonial

turnover of assistance to the Candano’s was one of the highlights during the awarding of the Certificate of Compliance (COC) on labor laws at the Cebu City Water Front Hotel.

It can be recalled that on 4 March 2015, the DOLE 7 through its Bohol Field Office (BFO) also released a livelihood assistance amounting to seventy-two thousand pesos (P72,000) to Prosperina Cempron of Poblacion Danao, Bohol, mother of the late PO1 Romeo Cempron Jr., another SAF member who died during the Mamasapano incident. (LSTaniza with reporting from Mr. Emmanuel Y. Ferrer, CPFO)

Eusebio Candano, father of slain SAF member PO1 Wendel Candano, receives the livelihood assistance from DOLE Regional Office No. 7 Regional Director Exequiel Sarcauga, during the ceremonial turnover of assistance for the Candano family. Witnessing the turnover are Michelle Candano, wife of the slain SAF member, and DOLE-7 ARD Joel Gonzalez.

Family of slain SAF member receives assistance from DOLE 7