Enrile defends SC in PAL-FASAP issue

Senate President Juan Ponce Enrile on Tuesday defended the Supreme Court on its decision to reopen the case of the Flight Attendants and Stewards Association (FASAP) against Philippine Airlines (PAL). “Being seasoned lawyers and juries, they do not just throw out a decision if there is no reason for it," Enrile, a lawyer, told reporters. “You have to presume good faith. I do not presume malice on their part." In a controversial resolution announced on Monday, the SC reversed its earlier decision asking PAL to reinstate 1,400 retrenched flight attendants who went on strike in 1998 and ordering PAL owner Lucio Tan to pay P3 billion to FASAP. Instead, it decided to allow the reopening of the case by re-raffling it off to a “new Member-In-Charge."

Enrile said as a lawyer, he has faith in the “rectitude of the court." “Magkamali man sila, all of them will not be insensitive, especially [since] we take an oath to follow ethical standards," he said. SC spokesman Court Administrator Midas Marquez explained that instead of a Special Division taking up the case – as required by Section 7, Rule 2 of the Internal Rules of the Supreme Court – the court’s Second Division promulgated on Sept.7 a resolution dismissing PAL’s second motion for reconsideration and affirming the Third Division’s 2008 decision in favor of FASAP. Enrile said he agrees with Marquez. “Kailangan pag-aralan yung rules of court. Ang intindi ko, defective yung jurisdiction ng division na kumuha ng kaso. That's my understanding." He also said that the en banc can always reverse the decision of the division. “The highest organ of the SC is the SC itself which is en banc," Enrile said. “The entire court can reverse a decision. They can change their mind if they see points not seen in the previous decision." "The SC is the rule-making power. They can change the rules. Every decision of the SC creates unfairness. You cannot make both sides win. You have to make a decision based on law equity and justice," he added. - Kimberly Jane Tan/KBK, GMA News