Tuesday

Palace: Too early for gov’t takeover of PAL

http://www.sunstar.com.ph/network/palace-too-early-gov-t-takeover-pal-341-pm

MANILA -- Malacanang on Tuesday dismissed the possibility of taking over flag carrier Philippine Airlines (PAL) amid problems hounding the airline.

In a press briefing, Presidential spokesperson Edwin Lacierda said the government has not yet discussed the option of managing the largest airline in the country despite disagreement between PAL and its pilots that resulted in disruption of several local and international flights.

“It’s too early to tell. We’re still at a level where we are mediating dialogue of the two concerned parties. So hopefully we would be able to reach an amicable settlement here,” Lacierda said.

He noted it is still a positive sign that the two opposing camps are willing to sit down and settle issues with the government in between.

The Palace aide pointed out that PAL management is trying to win back their pilots without any punitive sanctions.

He also said the government is not preparing for a worst case scenario believing that PAL issues could still be resolved through dialogues.

“No worst case scenario for now,” he assured.

Meanwhile, the Palace spokesperson clarified that their mission is to iron out the problem of PAL and some of its 25 pilots but not to meddle when it comes to filing administrative suit.

“It’s their right to file a case of breach of contract against the pilots but labas po ang gobyerno d’yan dahil ‘yan po ay may kontrata po ang piloto at saka ang PAL management. Bahala na po ang Korte—we understand na ang jurisdiction nito ay hindi ang Labor kundi po ang regular courts.”

Lucio Tan attends meeting

In the process of resolving the issues of PAL, Lacierda said the airline’s owner - business mogul Lucio Tan, was on top of the situation.

He said Tan was present during the meeting mediated by the government Monday.

“Mr. Lucio Tan came in during, siguro, past two-thirds of the meeting. He was there just as an observer; he was not actively participating. It was Mr. (Jaime) Jimmy Bautista who was there. And it was a very friendly discussion,” he recounted.

Lacierda said Tan was also mum on the situation of his airline leaving all explanations to Bautista, who is the president of PAL. (Jill Beltran/Sunnex)

PAL’s Pilot Woes, Labor Disputes ‘a Direct Result of Lucio Tan’s Profiteering, Abuse of Workers’

http://www.bulatlat.com/main/2010/08/03/pal’s-pilot-woes-labor-disputes-‘a-direct-result-of-lucio-tans-profiteering-abuse-of-workers’/2/


MANILA – The way Philippine Airlines management and some members of the press spin the story, many of the airline’s pilots were motivated by nothing else but money when they resigned en masse the past week to seek employment elsewhere, causing cancellation and disruption of domestic and foreign flights.

But what happened this week at the country’s flag carrier is just one of the results of the systematic degradation of working conditions there, beginning with the company’s decision to spin off certain crucial operations in order to cut costs and increase profit. This resulted in the firing of workers and the contractualization of those who remained.

For four days now, some regional and domestic flights of Philippine Airlines were canceled or disrupted as 27 pilots resigned so they could move to other airlines that offered them better job packages.

Although PAL management said on Tuesday that its flight operations were now back to normal, it is feared that more resignations might follow soon. Pilots interviewed by Bulatlat said the situation remains “very sensitive.”

Earlier, PAL management has threatened to file charges in court against the pilots who resigned, citing “breach of contract” and “debts” owed them for the cost of their aviation school training. Labor secretary Rosalinda Baldoz has echoed PAL management’s denial that the pilots’ mass resignation had nothing to do with the labor disputes in PAL. Baldoz has also suggested a longer notice, which is dubbed as a “slavery bond” in other countries, before pilots can leave PAL for overseas jobs.

Members of Anakpawis PAL chapter and PALEA hold a picket to denounce the spin-offs and contractualization at the airlines. (Photo courtesy of Anakpawis PAL Chapter)

On Monday, airline management met with officials from government to discuss the problem. Worried at the veiled threats against pilots in the statements of the government — from President Aquino to his labor secretary — and at the PAL management’s explicit threats of filing charges, the progressive labor center Kilusang Mayo Uno (KMU or May First Movement) urged the Aquino government to push PAL management to address the causes of the labor dispute in the airline.

“We know it would be the pilots, not the PAL management, who would be hardest hit when government takes legal action,” Elmer Labog, KMU chairman, said in a statement. He asked the Aquino government to “side with the employees” and to view the mass resignation as an SOS not only by the pilots but by all PAL employees.

Today, PAL president Jaime Bautista announced in a press statement that the government “requested PAL to take back the resigned pilots without sanctions. We agreed.” But Bautista warned that “if the pilots will not heed our appeal to return to work within the specified period, the company will seek proper remedies.”

Bautista added: “There is no labor dispute as far as the pilots are concerned. Their main reason for leaving is purely on financial or economic reasons.”

Nothing, according to pilots and workers Bulatlat interviewed, could be farther from the truth.

The mass resignation of pilots that PAL is trying hard to control now is “not a labor dispute” in the eyes of the Department of Labor and Employment and PAL management only because PAL had broken up the pilots’ unions 12 years before. In 1998, as today, PAL was also complaining of losses. In 1998, PAL had profitably used “losses” to justify gaining more concessions and attacking its employees, recalled Anakpawis Rep. Rafael Mariano.

Since 1998, PAL has entered and exited a rehabilitation plan and paid off its loans but clearly at the expense of thousands of its employees, as can be seen in today’s simmering labor disputes between the management and the pilots, cabin crews and ground employees.

Low Salary

Per aviation industry standards, PAL pilots are given “lower salaries” than their counterparts in other airlines, according to pilots interviewed by Bulatlat but who requested anonymity, citing a gag order by management, among others.

But more than the salary, the resentment among the pilots and first officers is rooted in the way the company treated them. A co-pilot revealed that the mass resignation began with the forced resignation of 11 co-pilots who earlier refused to be transferred to Air Philippines, a budget airline also owned by business tycoon Lucio Tan.

Officials of the Anakpawis chapter in PAL said they received information that PAL management is retiring some of its pilots and transferring them to other Tan airlines, specifically Air Philippines and Aero Filipinas, as contractual pilots, with their wages reduced by half. PAL management also wants some pilots to sign contracts stipulating that they would be willing to fly not only PAL planes but these other Lucio Tan airlines as well.

One of the captains who resigned, according to other employees, refused to fly domestic flights for Air Philippines on top of his flying PAL’s routes in Asia.

In an interview on The Rundown, a news show on ANC, Bautista, PAL’s president, denied the allegation that PAL pilots were being transferred to Air Philippines. He also insisted that PAL and the pilots had no labor dispute.

Among the PAL employees, the pilots and first officers are the ones most vulnerable to forced transfer and additional workload: they lost their union following a bruising strike 12 years ago. During that strike, PAL retaliated by terminating about 600 striking pilots and nearly 2,000 cabin crews.

The cabin crews and ground employees had also been badly bruised by PAL management’s retaliation. To this day, the Flight Attendants’ and Stewards’ Association of the Philippines (Fasap) has a lengthy court battle seeking justice for the termination of its members. Meanwhile, the ground employees’ union, Philippine Airlines Employees Association (PALEA), was forced to swallow a 10-year CBA suspension imposed by PAL management and union leaders said to be in cahoots with the company.

“Classic Example of Opportunism”

In a statement, David Cockroft, general secretary of the London-based International Transport Workers Federation, said what the airline has been doing to its employees over the years are “a classic example of opportunism, with the aim of cutting jobs, downgrading conditions and breaking the union.”

The mass resignation of PAL pilots, the impending strike by PAL cabin crew union FASAP, the struggle of ground employees against mass termination and contractualization under a ‘spin-off’ — all of these are interrelated, the Anakpawis chapter in PAL emphasized.

“It all stems from Lucio Tan’s moves to increase his profits even more by intensifying the exploitation of all his employees in the aviation industry,” said Rafael dela Cruz, chairman of PAL Anakpawis.

According to dela Cruz, Tan seeks to increase his profits further by reducing the wages of all its workers and employees even as their workloads were being increased. This is being implemented among pilots, flight attendants and ground employees — by breaking up the employees’ union or buying off its leaders, transforming regular employees into contractual employees, or adding workload or workhours without additional pay.

The 400 or so pilots and first officers have no union. A captain explained to Bulatlat that “we have had no opportunity to form one even if we wished to.” As a result, they had no venue for airing their grievances and demands, so many just left PAL when they could no longer endure the situation.

“Who would want to work for a company that treats you like a property? That forces you to do things against your will, thinking that you owe it big time?” KMU’s Labog said. “We understand the pilots; we sympathize with their plight. The disruption in PAL’s flights is a direct result of the PAL management’s actions.”

Some pilots told Bulatlat that it was not that easy to leave PAL and the country for overseas jobs, although many of them got offers from rival airlines. A pilot who had been with PAL for 11 years when he was terminated for joining the strike and who later reapplied as a new pilot in PAL five years ago told Bulatlat that, sometimes, it is not just the money but the “better opportunities” in other airlines that make pilots leave.

PAL’s Exploitative Schemes

Since April this year, ground employees have been on the edge because of PAL’s plan to spin off certain sections of the companies into entities they suspect to be dummies or partners of Tan. Some of them said the spin-off is merely Tan’s scheme to break up the union and transform its thousands of employees into lower-paid contractual employees.

The spin-off of most ground employees would also pave the way for a more permanent CBA suspension. According to Anakpawis in PAL, the management has been evading negotiations for a new collective bargaining agreement with PALEA following the end of the extended CBA suspension.

PAL management has also been stalling in its negotiations with FASAP, the union of PAL’s flight attendants. Last week, the 1,600-strong FASAP was forced to file a notice of strike to try to break the long deadlock in their ongoing CBA negotiations with PAL management.

FASAP president Bob Anduiza told ABS-CBNnews.com that PAL management has been ignoring their complaints about working conditions. For example, he said, PAL has been flying undermanned flights for sometime now, forcing flight attendants to work more but paid the same amount of salary. Anduiza said each flight lacked at least two more flight attendants and that this undermanning was unilaterally imposed by PAL.

FASAP is also up in arms against the management’s plan to reduce their mandatory retirement age from 60 to 40. “All we ask is for equality in the workplace. In PAL, the other employees are allowed to work until 65 years old. The pilots’ compulsory retirement age for both males and females is 60 years old. But for flight attendants, the compulsory retirement age is as young as 40 years old,” Anduiza said, according to ABS-CBNnews.com.

“We are against age and gender discrimination. PAL cannot continue to turn a blind eye to inequality. PAL should correct this discriminatory policy, instead of using it as a bargaining chip against the flight attendants,” he added.

Years-Long Grievances

What is happening in PAL were crises waiting to happen. This only shows that their years-long grievances that culminated into that strike 12 years ago have not really been resolved, said a former PAL pilot who worked for 20 years at PAL but was terminated for having joined the strike.

The trouble in PAL , this pilot said, is that its employees are routinely being asked to work harder and longer, at first to save and rehabilitate the flag carrier, later to respond to the economic crisis, to the high fuel costs, to the 9/11 attacks in the US, and other justifications.

And when PAL started earning profits again, and even before the employees could ask for a small share, the airline starts “losing” again, said the veteran pilot.

“There is a need to look into the real financial condition of the flag carrier that claimed near bankruptcy status even if its chairman and CEO Lucio Tan was recently listed by Forbes Magazine as the second richest Filipino whose net worth jumped from $1.5 billion in 2008 to $1.7 billion in 2009 – an increase in wealth which contrasts to PAL’s claim of financial losses,” Mariano said today. “ It is proper and necessary to ensure that workers be protected from illegal retrenchments which are based merely on highly questionable claims of bankruptcy.”


Members of Anakpawis PAL chapter and PALEA hold a picket to denounce the spin-offs and contractualization at the airlines. (Photo courtesy of Anakpawis PAL Chapter)

Though PAL registered a lower net profit in 2009 compared to 2008, the global aviation industry’s main data keeper, Official Airline Guide (OAG), declared that PAL is still the country’s top carrier in terms of flights and seat capacity for the last two years, posting a leading share of 35 percent of the 1,859 flights per week and 38 percent of the total 309,616 seats per week flown.

“It is alarming that a major company like PAL can bend and twist labor laws to seal and protect its profit vaults at the expense of its employees,” Mariano said.

President Aquino announced early on that the labor dispute in PAL would be its litmus test in handling industrial relations. As in 1998, what is happening in PAL today will thus set another precedent in labor’s struggle against deteriorating wages and working conditions. In the meantime, the Anakpawis chapter in PAL welcomes the fact that PAL employees, with the growing support of labor advocates, are now uniting to defend their jobs, their benefits and their union.

3 senators nix gov’t takeover of PAL

http://newsinfo.inquirer.net/breakingnews/nation/view/20100803-284736/3-senators-nix-govt-takeover-of-PAL

As a matter of principle, Drilon said no one could compel the pilots to return to work because that would be an “involuntary servitude.”

“But they can be liable for breach of contract and they can beliable for damages. But you can’t force somebody to work if hedoesn't want to work,” he stressed.

Philippine Air Cancellations May Trigger Higher Fares, Lim Says

http://www.businessweek.com/news/2010-08-02/philippine-air-cancellations-may-trigger-higher-fares-lim-says.html

Aug. 3 (Bloomberg) -- Philippine Airlines Inc.’s cancellation of flights following the resignation of 25 pilots may spur higher ticket prices and encourage the government to ease market restrictions, said Tourism Secretary Alberto Lim.

The reduction in services “shows the need for more carriers to serve the tourism industry as well as business and investment,” Lim said in a phone interview from Manila today. “It would help the cause of liberalization.”

The country eased restrictions on services by overseas carriers following a Philippine Air pilots strike in 1998, Lim said, to pare its reliance on the nation’s flag carrier. The government yesterday held an emergency meeting with officials from Philippine Air and other local airlines because of concerns that the reduction in services may disrupt tourism and exports.

Philippine Air handles about a third of the nation’s overseas and domestic services, Lim said. The airline canceled 22 flights over the past three days after the pilots quit for better-paying jobs overseas.

The airline will reduce some domestic and regional services, President Jaime Bautista said today in interview broadcast on ABS-CBN News Channel. Services to the U.S. won’t be affected, he said. Transport Secretary Jose de Jesus will meet with pilots today, his information officer said.

PAL Holdings Inc., the carrier’s parent, was unchanged at 4 pesos at 11:04 a.m. in Manila trading. The company is controlled by billionaire Lucio Tan.

Electronics-makers, which account for about half of the $167 billion economy’s exports, may avoid disruptions as the industry tends to rely on dedicated cargo carriers, such as FedEx Corp. and Deutsche Post AG’s DHL, said Arthur Tan, director of trade group Semiconductor and Electronics Industries of the Philippines Inc.

“In terms of cargo, the effect is not so much,” said Tan, who is also president of Integrated Micro-Electronics Inc.

Monday

Philippine Air May Miss Profit Goal as Pilots Resign

http://www.businessweek.com/news/2010-08-02/philippine-air-may-miss-profit-goal-as-pilots-resign.html
(Updates with union comment in third paragraph.)

Aug. 2 (Bloomberg) -- Philippine Airlines Inc., the nation’s largest carrier, said it may fail to return to profit this year after 25 pilots quit for better paying jobs overseas, forcing flight cancelations.

“The pilot resignations are a poaching issue,” President Jaime Bautista said today by phone. Parent PAL Holdings Inc. tumbled 8 percent in Manila trading after the airline canceled 22 flights in three days and the government called an emergency meeting with industry executives.

Most of the pilots will join Hong Kong Airlines Ltd. as they were offered higher wages and better conditions, according to Elmer Pena, president of the Airline Pilots Association of the Philippines. The Chinese-backed carrier began a recruitment drive in June as it adds new planes because of rising travel demand in the world’s most populous nation.

“We’ve been hiring pilots from all over the world,” Hong Kong Air President Yang Jian Hong said by phone today. He declined to comment on whether the carrier had hired the Philippine Air pilots.

Manila-based Philippine Air, which is controlled by billionaire Lucio Tan, will cut some domestic services following the resignations, spokesman Jonathan Gesmundo said by phone. The airline had expected to break even this fiscal year after posting a second straight loss in the 12 months ended March 31.

“We may have to revise this year’s targets,” Bautista said. The carrier has 473 pilots, including the 25 who quit, he said. The airline has ordered the pilots who resigned to return to work by Aug. 8.

Government ‘Hopeful’

The government is “very hopeful” that the dispute can be resolved, Transport Secretary Jose de Jesus said in a briefing in Manila after meeting executives from carriers including Philippine Air and Cebu Air Inc. Officials will meet some of the 25 pilots tomorrow, he said.

Airbus SAS A320 captains joining Hong Kong Air, which is backed by China’s Hainan province, will get as much as $17,000 a month on which they will pay 15 percent income tax, Pena said. Philippine Air pays about $7,000, Bautista said. Pilots would pay 32 percent tax, according to the local tax code.

About three pilots are also leaving Cebu Air for Hong Kong Airlines, Pena said. Cebu Air, which flies as Cebu Pacific, pays less than Philippines Air, he said.

Cebu Air President Lance Gokongwei declined to comment on departures. Transport Undersecretary Dante Velasco also said that the company may be losing pilots.

Hong Kong Air

Hong Kong Air is expanding its fleet and planning flights to cities including Istanbul, Tokyo and Paris as it challenges Cathay Pacific Airways Ltd. The carrier has ordered a total of 53 Airbus aircraft, according to data on the planemaker’s Website.

“We have new aircraft and we need more staff,” said Yang. “The airline industry is seeing a rebound in air travel and demand has been rising.”

Separately, Philippine Air’s cabin crew may also strike within two weeks because of a dispute about staffing levels, ABS-CBN said on its Web site, citing Bob Anduiza, president of the Flight Attendants’ and Stewards’ Association of the Philippines.

PAL Holdings fell 8 percent, the most in two weeks, to 4.00 pesos in Manila trading after dropping as much as 15 percent. Philippine Air canceled four flights today and 18 over the weekend.

The airline last month reported a net loss of $14.3 million for the year ending in March. Revenue fell to $1.4 billion from $1.6 billion. A 1998 pilots strike led the carrier to suspend debt payments until Tan added $200 million to his investment.

--With assistance from Joel Guinto in Manila and Wing-gar Cheng in Hong Kong. Editors: Neil Denslow, Anand Krishnamoorthy.

Two more PAL flights cancelled

http://www.bworldonline.com/main/content.php?id=15144

TWO MORE Philippine Airlines (PAL) flights were cancelled today as the Lucio C. Tan-led carrier continued to reel from an exodus of pilots.

PAL’s office for corporate communications said flights from Manila to Iloilo and Bacolod were cancelled.

PAL’s PR 147 was supposed to depart Manila at 6:35 p.m. today for Iloilo. PR 135 was supposed to leave Manila at 5 p.m. today for Bacolod.

PAL, already facing strike threats over a plan to outsource "non-core" services and lower the retirement age for flight attendants, over the weekend was forced to cancel 11 flights following the resignations of 25 pilots.

On Sunday, PAL said it cancelled eight domestic flights and rescheduled others. Saturday’s cancellations involved international flights to Hong Kong.

The resignations involved 13 captains and 12 first officers flying Airbus A319s and A320s. PAL has said most of those who resigned were "pirated" by other carriers in the Asian region and the Middle East where the pay is "allegedly two or three times their current salaries." -- Aura Marie P. Dagcutan

QTV: 100 other PAL pilots 'planning' to resign

QTV: 100 other PAL pilots 'planning' to resign

http://www.gmanews.tv/video/64116/qtv-100-other-pal-pilots-planning-to-resign

Philippine Airlines Tells 25 Pilots to Return to Work

http://www.businessweek.com/news/2010-08-01/philippine-airlines-tells-25-pilots-to-return-to-work.html

By Clarissa Batino and Joel Guinto

(Adds airline says pilots ‘poached’ in third paragraph.)

Aug. 1 (Bloomberg) -- Philippine Airlines Inc. told 25 pilots who quit without notice to return to work within seven days after Asia’s oldest carrier was forced to cancel flights, rebook passengers and reshuffle its fleet.

The carrier, controlled by billionaire Lucio Tan, canceled 18 weekend flights after 13 captains and 12 first officers crewing Airbus SAS A-319 and A-320 aircraft resigned without giving the company enough time to train replacements, it said in a statement today in Manila.

Pilots are being “poached” by overseas companies, including Middle Eastern airlines that offer salaries three times more than Philippine Air pays, the Manila-based carrier said. Philippine regulations require airline pilots and mechanics to give six months notice before quitting, the airline said. Philippine Airlines has almost 500 pilots.

Philippine President Benigno Aquino has called a meeting tomorrow of the nation’s transport, labor and justice departments and executives of the carrier to help resolve the problem.

“There has been disruption to our tourism efforts,” Aquino said in a briefing today in Manila, adding that pilots may face charges, without elaborating.

No passengers have been stranded due to cancellations, said Consuelo Bungag, a spokeswoman for the Manila International Airport Authority. Philippine Airlines notified passengers ahead of time, rebooked them on alternative flights and has shifted to larger planes to accommodate more people, she said.

PAL flight attendants threaten to go on strike

http://www.abs-cbnnews.com/business/07/28/10/pal-flight-attendants-threaten-go-strike

MANILA, Philippines - Flight attendants of flag carrier Philippine Airlines may go on strike over management's discriminatory policies, which includes a lower compulsory retirement age for attendants and stewards.

The 1,600 members of the PAL- Flight Attendants’ and Stewards’ Association of the Philippines (FASAP), said in a statement on Wednesday, that management has been "bargaining in bad faith" and has not offered collective bargaining agreement (CBA) proposals since the last deal expired in 2007.

"The flight attendants' collective morale has dipped to an all-time low," FASAP said, adding its members have not been granted any salary increase.

FASAP said the primary reason for contemplating a strike, aside from the standoff in the CBA, is the age and gender discrimination against its flight attendants.

“All we ask is for equality in the workplace. In PAL, the other employees are allowed to work until 65 years old. The pilots’ compulsory retirement age for both males and females is 60 years old. But for flight attendants, the compulsory retirement age is as young as 40 years old,” said FASAP President Roberto Anduiza.

"We are against age and gender discrimination. PAL cannot continue to turn a blind eye to inequality. PAL should correct this discriminatory policy, instead of using it as a bargaining chip against the flight attendants," Anduiza said.

He said the planned strike will force PAL management to respect the legal CBA process and bring them back to the negotiating table.

"We have more than legal basis and documentation to file a notice of strike," said Anduiza.

Government intervenes in PAL tiff with pilots

http://www.abs-cbnnews.com/nation/08/01/10/government-intervenes-pal-tiff-pilots

Flag carrier rejects resignation of more than 24 pilots

MANILA, Philippines (UPDATE) - Government officials will meet with Philippine Airlines (PAL) management and its pilots on Monday to resolve issues that led to the cancellation of several domestic and international flights.

In a press conference, President Benigno “Noynoy” Aquino III said, “I understand it will be 2 separate meetings, the end point being to address the situation and to remind everybody.”

He said the Executive Secretary, and the heads of the departments of Transportation and Communication, Labor, and Justice will be sitting down with the management and the union representing the pilots.

He reminded both camps of their accountabilities to the riding public or risk being charged.

“This is being studied…there has been disruption to our tourism efforts and other aspects of the economy that would need their services. If this is not warranted, then they lay themselves also open to appropriate charges,” he said.

He said the meetings on Monday will be relevant in order to arrive at a solution “so the riding public is not inconvenienced and the economy does not suffer because of what is an inter-company dispute.”

PAL cancelled several flights on Saturday after what the management called the “indiscrimate” resignation of pilots.

At least 8 were cancelled again on Sunday, including Manila-Cagayan-Manila (PR181/182), Manila-Bacolod-Manila (PR133/134), Manila-Iloilo-Manila (PR147/148), and Manila-Cebu-Manila (PR847/848).

PAL rejects resignations

In a separate press release, the flag carrier rejected the resignation of the pilots and gave them 7 days to report to work.
PAL called on its pilots to respect their existing contracts or risk civil, criminal and administrative charges.

"PAL doesn't want to get in the way of its pilots' dream of landing better paying jobs abroad, but they have contractual obligations with the company and a moral responsibility to thousands of passengers,” the company said.

It said the pilots have been “pirated” by other carriers in the Asian region and the Middle East that pay 2 to 3 times more than their current salaries.

PAL apologized to the public for the inconvenience caused by the cancelled flights.

“We know our passengers missed connecting flights, including important personal and business appointments. But the pilots' resignation is something we couldn't prevent. Many of them simply did not show up for work and just handed in their resignation letters. Some of them even owe PAL millions of pesos for the cost of their training," the flag carrier said.

Low morale

In a separate interview with ANC, Philippine Airlines Employees’ Association (PALEA) President Jerry Rivera said union members’ morale has been affected because of the pilots’ resignations.

He clarified the pilots are not members of PALEA, but “our hearts and sympathies go to our pilots because as earlier mentioned, and tunay na dahilan siguro ay ang kasiguruduhan ng trabaho…Ang impormasyon namin, pati piloto ay kontraktwal.”
He said about 2,604 employees are in danger of losing their jobs if PAL decides to implement a plan to outsource positions.

Rivera said PALEA has not yet been informed if members would be joining tomorrow’s meetings.

He said however that the union has already been in contact with the Department of Labor and Employment. Another meeting is scheduled on August 12 at 1:00 p.m.

“We express our willingness to engage with PAL in so far as productivity is concerned,” he said.

Rivera, however, noted that PAL should also do its part of the job, by not pushing through with the outsourcing.

NOYNOY AQUINO’s first SONA...

http://www.mindanaoexaminer.com/news.php?news_id=20100729024408
"...It is but proper for the Aquino government to run after GMA, Mike Arroyo and all their collaborators, including big tax evaders like Lucio Tan, and jail them..."

Pilots quit; PAL forced to cancel 11 flights

http://www.bworldonline.com/main/content.php?id=15092

FLAG CARRIER Philippine Airlines (PAL) cancelled 11 flights on Saturday after a number of pilots "indiscriminately" resigned.

"The pilots [left] their posts without proper notice. They have written us letters but those are not enough. According to the labor law, the pilots should have given us 180 days to process their resignations. Most of these pilots left us because of better offers. We will [impose] the proper sanctions," PAL said in a statement.

The Lucio C. Tan-led airline cancelled eight domestic and three international flights assigned to 180-seater Airbus A320 planes.

The flights cancelled were bound for Cebu (PR 843), Cagayan (PR 181), Bacolod (PR 133), Iloilo (PR 147). Other flights were supposed to arrive from Cebu (PR 344), Cagayan (PR 182), Bacolod (PR 134) and Iloilo (PR 148).

Two flights from Hong Kong to Manila were also cancelled (PR 313 and PR 319) along with another flight going to Hong Kong (PR 318).

"The pilots should have given us enough time to find replacements and assess their current status. The allowance of 180 days will give us time to check whether they still have pending obligations like loans that they need to settle before we can let them resign," PAL said.

It added: "They still owe us the payments to the aviation traning [programs] they have attended." -- Aura Marie P. Dagcutan

Honor Among Thieves


Lucio Tan: The Sino Top Economic Saboteur and Corruptor in the Filipino Nation


Saturday

Lucio's Pal


Dismaying

http://opinion.inquirer.net/inquireropinion/columns/view/20100625-277577/Dismaying
By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 23:44:00 06/25/2010

... "The second action of the President that takes one’s breath away is her awarding Lucio Tan the Order of Lakandula, Rank of Bayani,which is one of the highest presidential honors. According to the EO creating these awards, the rank of Bayani is “Conferred upon an individual who has devoted his life to the peaceful resolution of conflict; upon an individual whose life is worthy of emulation by the Filipino people; or upon a Crown Prince, Vice President, Senate President, Speaker of the House, Chief Justice or equivalent…” Per the press release, Arroyo praised Tan for his achievements, contributions to the advancement of education, health and social welfare, support for the success of presidential and other high-level foreign visits, his philanthropic work and corporate social responsibility practices (has she talked to any of his employees,particularly in PAL, lately?) and for his outstanding leadership in the country’s business community and overseas.

I have only one question to ask Ms Arroyo in this regard: Did you ask the Presidential Commission on Good Government, or Catalino Generillo, or Elpidio Que, or Danny Pacana, or Liway Vinzons Chato, or Imelda Marcos, where Tan got the money for all his philanthropy?"...

Tycoon's Family Kidnaps Maids

A Xavier School alumnus, his father, mother and sister are being charged with kidnapping their two maids and engaging in human trafficking. The two maids were recruited through manpower agencies and lived with the family in their house, inside the Lucio Tan compound in Quezon City. According to the two maids who had employment contracts, they were kidnapped then worked in the residence.

Based on that evidence, Quezon City RTC Branch 94 issued arrest warrants against the Xavier alumnus and his entire family! Not just an arrest warrant, but non-bailable arrest warrants.

Look at the profile of the four family members.

The father is a 70 year old executive, he was Vice-Chairman and Treasurer of Philippine Airlines, Treasurer of Fortune Tobacco Corporation, Chairman of the Executive Committee of Allied Bank and Treasurer of the Lucio Tan Group of Companies.

The wife is a former accountant and now housewife in her early 60s.

The son is a Xavier alumnus and graduate of Ateneo where he took B.Sc. Management (Legal Management). He was a ranking executive of Tanduay and Philippine Airlines.

The daughter is an Architect, wife of another Xavier alumnus (batch1991). She is a graduate of UST and obtained 10th Place in the 1999 Architectural Board Examination. She was an Executive of Philippine Airlines and is currently an Entrepreneur.

If you match any of the profiles above, don't think our justice system cannot catch you. You might just be arrested for kidnappingyour maids.

Friday

Lucio Tan’s brother insists on testifying

http://newsinfo.inquirer.net/breakingnews/nation/view/20100324-260647/Lucio-Tans-brother-insists-on-testifying

By Edson C. Tandoc Jr
Philippine Daily Inquirer
Posted date: March 24, 2010

MANILA, Philippines—Businessman Mariano Tanenglian has appealed the anti-graft court Sandiganbayan's ruling denying his offer to testify against his own brother, magnate Lucio Tan, in the government's 22-year-old forfeiture case.

In a motion for reconsideration, Tanenglian asked the Sandiganbayan's Fifth Division to reconsider and set aside its ruling last month that denied all his three motions filed last year asking to be allowed to tell all he knew against his brother.

The government wants to prove that Tan’s assets form part of the ill-gotten wealth of the Marcoses so it could seize these in favor of the state. Tanenglian is also a defendant in a civil case but after a falling out with his brother he offered to be a government witness in exchange for immunity.

Last month, the court denied Tanenglian's September 2009 manifestation and motion which asked the court to direct the Presidential Commission on Good Government to resolve his offer to be a government witness, to reopen the trial so he could testify and to order the PCGG and the Office of the Solicitor General to give him copies of their recommendation and resolution that purportedly junked his offer to testify.

The court ruled that directing the PCGG to act on Tanenglian’s offer and to provide him copies of documents against him were beyond its jurisdiction and that it was "absurd" for Tanenglian to ask for the reopening of trial considering that he was one of the defendants.

The court also faulted the prosecution for failing to present all of its witnesses despite being given sufficient time to do so.

But in his appeal, Tanenglian said his motion only asked the court to direct the PCGG to resolve his offer, not necessarily to resolve it in his favor.

Tanenglian said: "It is respectfully submitted therefore that the motion to direct resolution does not seek impingement on any of the exclusive powers of the PCGG."

He said that it also comes with the court's power to direct the PCGG to resolve his offer, to direct the PCGG and the OSG to furnish him with copies of their resolutions about his offer.

Tanenglian also argued that the conditions the court cited in faulting the prosecution for wasting several chances to present evidence "is no longer existing" following his readiness and willingness to cooperate with the government.

Last month, the court also denied the omnibus motion of private lawyer Catalino Generillo that sought the reopening of the trial so Tanenglian could testify.

The court said Generillo, who had helped the prosecution until the OSG kicked him out of the case more than a year ago, was no longer a “real party in interest” in the case.

Generillo also appealed the court’s ruling.

Anatomy of a Crony Takeover

http://www.bworld.com.ph/main/content.php?id=8270


Calling A Spade... -- Solita Collas--Monsod

Part III The story thus far: From a memorandum sent to the Central Bank governor, signed by all his deputies, by his special assistant and his assistant, and by the head of the Department of Commercial and Savings Banks, we find that:

1) On the day of the bidding for GenBank (March 28, 1977), the CB governor had issued a new and very stringent bidding requirement -- that the bidders had to present a formal commitment from the banks of their choice that they were prepared to issue a standby letter of credit for the amount of P310 million, that would be needed to pay the obligations of GenBank to the CB.

2) That the memo writers were able to convey this information to only two of the four interested bidders (and Lucio Tan was not one of them).

3) That Lucio Tan was the only one of the four who met the deadline and the new requirement (even though the memo writers were not able to contact him).

4) That the standby Letter of Credit issued by PNB in favor of Lucio Tan violated three major existing CB regulations on the issuance of domestic letters of credit.

In this Part III, three documents are presented (thanks to Catalino Generillo), which show that:

1) Tan had been given advance information about the new requirement.

2) That PNB issued the commitment letter, even if it must have known that it would be in violation of existing CB regulations.

3) That the CB Monetary Board subsequently further accommodated Tan by dispensing with requirements and more than doubling the length of the repayment period.

"FORTUNE TOBACCO CORPORATION

"March 26,1977 (please note that the date is a Saturday)
"MEMORANDUM for --His Excellency The President

Re: General Bank and Trust Company

"We were advised today by the Central Bank that not later than 7:00 P.M. on Monday, the 28th instant, sealed bids to purchase all the assets and assumes (sic) all the liabilities of General Bank and Trust Company shall be accepted and open (sic). Among the required conditions are

"1) All bids must include a letter of commitment from a bank acceptable to Central Bank to secure the advances of the latter in the amount of approximately P310 million by means of a stand-- by letter of credit.

"2) The winning bidder shall then be granted a new commercial banking license to operate.

"For the very first requirement, we felt that within a very limited span of time (until Monday, the 28th instant), such a condition is extremely difficult to comply except perhaps if given at least 90 days to do so. While we are confident we can raise the funds within 90 days may we request your Excellency for your valuable assistance to persuade the PNB to issue the letter required by the Central Bank. On the other hand, we are submitting to PNB a proposal to guarantee their exposure under the letter of commitment in which they are adequately protected. (emphasis supplied)

"As a result of this new development, we intend to offer only P300 million for the equity portion. In accordance to the last Memo which I received from Mr. Ramon Orosa on this basis, the purchase is now a reasonable package.

(signed) LUCIO TAN"


It is clear as day from this letter that Lucio Tan knew about the new requirement on March 26, even though CB Governor Licaros issued instructions to his underlings about the new requirement only on the morning of Monday, March 28, or two days later. He had advance information. It is also clear that the relationship between Tan and President Marcos were such that not only could Tan write a letter to the President on a Saturday, but that he could be sure that the letter would be received on the same day -- direct access -- and that Tan was comfortable enough to ask Marcos what amounted to an outrageous request. Finally, it is clear, that the letter was keeping Marcos abreast of new developments -- which means that Marcos must have known beforehand what Tan’s plans were. Now read on, dear reader.

PHILIPPINE NATIONAL BANK

(Official Depository of the Republic of the Philippines)

March 28, 1977

Central Bank of the Philippines

Manila


Attention: Mr. Amado Brinas


Senior Deputy Governor

Gentlemen:

At the request of and for the account of Messrs. Lucio Tan and Willy Co, we are pleased to advise that within 90 days and upon receipt of the advice of the Central Bank, the Philippine National Bank is prepared to establish a Standby Letter of Credit in favor of the Central Bank under such terms and conditions that will be approved by the Board of Directors and which are acceptable to the Central Bank to secure the Commitments of Messrs. Tan and Co in connection with their bid to purchase the General Bank and Trust Company, as follows:

Amount: P310,000,000.00

Interest:12% per annum

Repayment: Quarterly as to principal and interest


Very truly yours,


(sgd) P.O. DOMINGO

President


Do you think, dear reader, that P.O. Domingo would have, or could have committed to issue a P310 million letter of credit, which exceeded 15% of his bank’s net worth, and which was violative of the CB’s regulations, almost immediately upon Lucio Tan’s request, or within the same working day that it was requested -- unless he was under instructions by a higher up (Marcos)? Another aside: P.O. Domingo much later was made president of the University of the East, which had been acquired by Lucio Tan. But read on, dear reader:


Confidential (stamped)


Monetary Board of the Central Bank of the Philippines

Min. No. 25 -- July 1, 1977

1245. Allied Banking Corporation--Dispensation from the requirement that ABC and the Lucio Tan and Willy Co Group submit a standy irrevocab le letter of credit to secure the emergency advances assumed by ABC and extension from two to five years of the period of payment of the balance of the emergency advances.

ACTION TAKEN:

The Board decided to amend paragraph F, page 5 of the Memorandum of Agreement among the Liquidator of the General Bank and Trust Company, the Allied Banking Corporation (ABC) and the individual members of the Lucio Tan--Willy Co Group, dated May 9, 1977, so as:

1. To dispense with the requirement that ABC and the Lucio Tan and Willy Group submit a standby irrevocable letter of credit to secure the emergency advances assumed by ABC, subject to the following conditions:

a. ABC shall pay to the Central Bank P100 million of the total emergency advances on or before July 15, 1977

b. The Central Bank shall hold a second mortgage on all the collateral securing the credit lines of the Fortune Tobacco Corportion with the Philippine National Bank (PNB) appraised by PNB at P546 million and which as a loan value of P286 million;

c. The Central Bank shall secure a first mortage on the additional collater offered by the Fortune Tobacco Corporation appraised by PNB at P202 million and which has a loan value of P108 million

d. PNB shall submit to the Central Bank a monthly report on the value of the raw leaf tobacco inventory of the Fortune Tobacco Corporation covered by a continuing chattel mortgage.......In the event the value of said inventory is reduced to an amount that will result in a collateral deficiency, ABC and/or Fortune Tobacco Corporation and/or the Lucio Tan and Willy Co Group shall immediately submit additional collateral to cover said collateral deficiency; and

2. To extend from two (2) years to five (5) years the period of payment of the balance of the emergency advances assumed by ABC, to be paid in (20) equal quarterly installments.......and said balance to be secured by the mortages mentioned above.


(sgd) FE D. BARIN

Secretary


There you have it. In one fell swoop, the CB dispensed with the requirement which had scared off the other bidders (who had been told of it), accepted as collateral tobacco inventory instead of real estate mortgages or government securities (in violation of its own requirements), took a very relaxed attitude in case there was a collateral deficiency (instead of foreclosing immediately, they were content with an "immediate" submission of additional collateral, and as if that were not enough, extended from two to five years Lucio Tan’s repayment period. The MB decision shot two birds with one stone: it accommodated Lucio Tan, and it got PNB off the hook.

You have got to admit, this comes pretty close to being the mother of all sweetheart deals.

Monday

Philip Morris, Fortune Tobacco in 'marriage of equals'

http://www.abs-cbnnews.com/business/02/25/10/philip-morris-fortune-tobacco-marriage-equals

By Ricky Carandang, ABS-CBN News 02/25/2010 11:06 PM

MANILA, Philippines - It's being called a marriage of equals.

Philip Morris, maker of Marlboro, with a 30% share of the local cigarette market, and Lucio Tan's Fortune Tobacco, with a 60% market share, have agreed to combine their businesses under a 50-50 joint venture company called Philip Morris Fortune Tobacco Corp. (PMFTC) Inc.

The combined company will have a virtual monopoly of the local cigarette market, and will be managed by Philip Morris country manager Chris Nelson.

“The chairman of the PMFTC Inc. will be Lucio Tan, and I’ve got the honor of being the first president, and there will be executives from both companies in the management team,” said Nelson in an interview.

But it's an unprecedented move for the media shy Lucio Tan who did not attend the press conference.

Tan, who has been called the one of the country's richest men by Forbes magazine, has never been involved in a business he didn't control. And now, he has effectively ceded operational control of his flagship business to a foreign-owned company despite the fact that he has the bigger market share.

His brother Harry offered an explanation.

“The problem in any business decision is not 100% purely that you’re looking at the market share, but you’re also looking for other, profitability and efficiency, the way how management…the way that you carry, you know, the professional management of the company. So the reason we’re entering to this one is surely not just one factor but many other factor that we’re thinking a multiple effect that which would achieve you a lot of cost saving which is a waste, I mean to say this can be, nobody make it just a waste, but because of this synergy, you can save a lot of this thing of the waste,” said Harry in the press conference announcing the new joint venture.

But many observers say there's more to this deal than meets the eye. Among the Chinese business elite, there has been consistent talk of Tan's poor health and the problems of succession.

Tan has been involved in a very public dispute with his brother Mariano Tanenglian, who until recent years, was his most trusted consiglieri.

Mariano has even threatened to testify against Lucio in the Marcos wealth cases.

Mariano was expected to run the Tan empire until the lines of succession between his numerous children became more clear.

But so far, family disputes have prevented a clear succession. With the succession unclear, and with his health reportedly failing, Tan seems to have opted to gradually sell his tobacco business.

Neither Harry Tan nor Philip Morris's Chris Nelson would address the issue directly.

“It’s not fair to speculate so it’s conceivable. But frankly speaking, we’re not looking at that. What we’re looking at is that they offer, as I said, expertise in the domestic business. I think we bring skill set for international, and we look forward to marrying that together,” said Nelson.

But Harry did admit that if they sell out, they would be required to offer their shares in PMFTC to Philip Morris.

“So far, we are happy with what, you know, just like marriage, 50-50. Whatever the property, the earnings. And we’re not even thinking of divorce. Today is just our marriage day. Hopefully you will recommend the question that we are going to divorce – I buy you out or you buy me out,” Tan said.

Whatever the case may be, two former rivals are now 50-50 partners in the largest cigarette maker in the country in an arrangement that seems more like an long affair than a permanent marriage.

Thursday

Tobacco giants Fortune, Philip Morris to merge

http://www.manilastandardtoday.com/insideNews.htm?f=2010/february/25/news1.isx&d=2010/february/25

Tobacco giants Fortune, Philip Morrios to merge

by Victor C. Agustin and Ray S. Eñano

LONG-TIME bitter competitors Fortune Tobacco of taipan Lucio Tan and Philip Morris have agreed to bury the hatchet and merge their manufacturing and marketing operations in the Philippines, the Manila Standard Today has confirmed.

The merged company, tentatively called PMFTC, will control 92 percent of the still growing Philippine tobacco market.

Philip Morris has scheduled a press conference this noon “to announce a major development that will impact the Philippine tobacco industry,” with no less than Asia-Pacific president Matteo Pellegrini, Tan, and Philip Morris Philippines managing director Chris Nelson attending.

According to sources close to the transaction, the merged company will be controlled by Philip Morris by virtue of its 50-percent-plus one share majority in the new company.

The same sources said the merger was facilitated by Tan’s younger brother, Harry, who was worried about the succession problems that could befall the multi-billion empire given the bitter feud between Lucio Tan, who is turning 76 this year, and the second brother, Mariano Tanenglian.

With the merger, Philip Morris and Fortune Tobacco will effectively divide the Philippine market between themselves, with the US tobacco giant controlling the higher end with its Marlboro and Philip Morris brands, and Fortune with its Hope, Fortune, Champion and Boss cigarettes.

Philip Morris maintains a regional manufacturing facility in a 25-hectare complex in Tanauan City, Batangas.

The Tanauan factory, inaugurated in May 2003, can roll out up to 40 billion cigarette sticks a year.

What is the Lucio Tan Group of Companies without Mariano

http://www.abs-cbnnews.com/business/02/25/10/philip-morris-fortune-tobacco-merge-rp-operations


Philip Morris, Fortune Tobacco form joint venture

MANILA, Philippines (1st UPDATE) - Cigarette maker Philip MorrisPhils. Manufacturing Inc. (PMPMI) and local cigarette firm FortuneTobacco have merged to form Philip Morris-Fortune Tobacco Corp.,creating a virtual cigarette monopoly in the country.

The deal was finalized Thursday morning and was scheduled to beannounced at 12:30 p.m. Thursday in a press conference.

A source privy to the transaction told ABS-CBN News' RickyCarandang that the merged company will be owned 50-50 by the twoformer rivals, and that the merger only involves their Philippine operations.

Fortune Tobacco's Lucio Tan will be the chairman of Philip Morris-Fortune Tobacco Corp., while Chris Nelson, Philip Morris' countrymanaging director will be the president of this new company, the source said. Day-to-day operations will reportedly be underNelson's responsibility

Sources earlier told ABS-CBN News that Tan would have a minorityshare in the firm, but a source said Thursday this was incorrect.

It has not been disclosed how much the deal is worth.

Neither company is listed on the Philippine Stock Exchange, butdisclosures overseas by Philip Morris show that the company earnedover US$2.4 billion dollars in 2009 in Asia alone.

The merger would result in a company with a virtual monopoly oncigarettes that combines Fortune Tobacco's estimated 60% share ofthe cigarette market and Philip Morris's estimated 30% share.

The Philippines is the 15th largest consumer of cigarettes in theworld, and the second largest in Southeast Asia, consuming as muchas 80 billion sticks a year, according to the World Health Organization.

Reporting for ANC on Thursday, Carandang said the merger could be amove by Tan to sell in order to avoid internal problems.

"The stories in the Chinese business community are that Mr. Tan isaging, he's not in good health, and he's had succession problems.It's not clear at this point who is going to take over. He's haddisputes with his brother, so given the lack of clarity aboutsuccession and his health, the decision was made to go with thismerger," Carandang said.

Carandang said there was also talk in the Chinese community that"Mr. Tan was apparently the first to approach Philip Morris aboutthis deal."

He also reported that "it's not clear also at this point whetherthere'll be further consolidation."

"The question now is whether this is just the first of other stepsthat will eventually lead to Philip Morris acquiring an even largershare of Fortune Tobacco," Carandang reported. -- with a report from ANC




MANILA, Philippines (3rd UPDATE) - The Philippine unit of Philip Morris International and unlisted Fortune Tobacco Corp. (FTC) will combine their core businesses in a new company which will control 90% of the local cigarette market.


"Philip Morris and Fortune Tobacco concluded an agreement to form a new company called PMFTC," Chris Nelson, president of Philip Morris Philippines, told reporters.

"It's 50-50, it's an equal marriage. We are not going to divulge the financial details," Nelson said.

When asked which group initiated the talks, Nelson said: "We kissed at the same time."

The new company will command a dominant position in the local tobacco market, with Philip Morris Philippines Manufacturing Inc. and Fortune Tobacco, owned by one of the country's richest men, Lucio Tan, having a combined share of about 90%.


Philip Morris—which sells Marlboro cigarettes and is the world's largest non-state-owned tobacco firm, with over $2.4 billion earnings in Asia last year—considers the Philippines its 12th-biggest market. Through the new firm, it gains wider access to the local cigarette market, including the profitable medium- to low-priced segments.


A joint statement said Fortune Tobacco and Philip Morris "each contributed selected assets and liabilities into the new company, with each party holding an equal economic interest."


Philip Morris will retain its export business, shipping cigarettes mostly to Thailand. It declined to give the value of the export business.


Fortune Tobacco will keep its interest in the distribution of the Winston brand of Japan Tobacco Inc., the statement said. It also said the new firm would not be affected by pending tax and ownership disputes with local courts involving Fortune.


Top player


Philip Morris has dominated the high-end cigarette market in the Philippines for years while Fortune Tobacco is the top player in the medium to low-priced cigarette segment, with a 60% share of the entire industry.


"By uniting our business operations with a well managed and successful company that has an outstanding distribution and manufacturing infrastructure like FTC, we are laying the foundation for the long term success of PMFTC Inc.," Nelson said.


"While Philip Morris currently competes mainly in the premium price segment, FTC's strength is in the value and medium priced segments. Thus, PMFTC Inc will have a representation in all segments of the Philippine market," he said.


The Philippines is the 15th largest consumer of cigarettes in the world, and the second largest in Southeast Asia, consuming as much as 80 billion sticks a year, according to the World Health Organization.


Tan's decision to sell


Reporting for ANC on Thursday morning, Carandang said the merger could be a move by Tan to sell in order to avoid internal problems.


"The stories in the Chinese business community are that Mr. Tan is aging, he's not in good health, and he's had succession problems. It's not clear at this point who is going to take over. He's had disputes with his brother, so given the lack of clarity about succession and his health, the decision was made to go with this merger," Carandang said.


Carandang said there was also talk in the Chinese community that "Mr. Tan was apparently the first to approach Philip Morris about this deal."


He also reported that "it's not clear also at this point whether there'll be further consolidation."

"The question now is whether this is just the first of other steps that will eventually lead to Philip Morris acquiring an even larger share of Fortune Tobacco," Carandang reported. --With reports from Reuters, ANC, ABS-CBN News

...Capital Crime Hurled Against a Citizen... [Mayor being persecuted by politicians]

http://politics.inquirer.net/view.php?db=1&article=20100209-252284


February 09, 2010 22:54:00
Neal Cruz opinion@inquirer.com.ph
Philippine Daily Inquirer


... Another capital crime hurled against a citizen is the kidnapping rap filed against Tsinoy businessman Mariano Tanenglian, his wife and their two children. The crime is non-bailable. Again, there is no motive. The supposed victim is a former housemaid. Why would a Tsinoy tycoon kidnap his own housemaid, whose relatives cannot afford to pay ransom? What would he have gained from kidnapping a housemaid?....

Saturday

Manila Leader, Ally of Poor, Now Courts the Rich

http://www.nytimes.com/1998/12/13/world/manila-leader-ally-of-poor-now-courts-the-rich.html?pagewanted=all
By MARK LANDLER
Published: December 13, 1998


MANILA, Dec. 12— Joseph E. Estrada won a smashing victory seven months ago in the Philippine presidential election as a champion of the poor. But today, diplomats, business people and politicians say, Mr. Estrada is mainly benefiting the rich, the very people he inveighed against.

Some people here fear that under Mr. Estrada's relaxed style of leadership, the Philippines is drifting back into corruption and cronyism, a hallmark of the country's deposed dictator, Ferdinand E. Marcos, and an occasional weakness of his successors, Corazon C. Aquino and Fidel V. Ramos.

Since taking office in June, Mr. Estrada has helped nudge one of his main campaign contributors into the top job at the San Miguel Corporation, the biggest company in the Philippines. He has worked to rescue Philippine Airlines, which is controlled by another wealthy supporter. And he paved the way for a politically connected Hong Kong company to acquire control of Philippine Long Distance Telephone.

Two recipients of Mr. Estrada's aid were notorious cronies of the late Mr. Marcos: Eduardo Cojuangco, scion of one the most powerful Filipino families, who now runs San Miguel, and Lucio C. Tan, a billionaire who controls Philippine Airlines and is considered the richest man in the Philippines.

"It's something we are watching and worrying about," said Guillermo Luz, the executive director of the Makati Business Club, which represents corporate interests. "Because it's not just the old cronies who are coming back. It is the practice of cronyism that is coming back."

To be sure, nobody is comparing Mr. Estrada to Mr. Marcos, who awarded vast monopolies to trusted supporters and is suspected of looting billions of dollars during his 20-year rule. But Mr. Estrada's actions are raising eyebrows even in a country where high-level corruption is endemic.

"Everyone has been rooting for him to succeed," said Sergio Osmena, a member of the Philippine Senate who was jailed by Mr. Marcos. "But sometimes you neglect moral principles in paying back debts."

Adding to the fears of resurgent cronyism is the strange case of Imelda Marcos, the widow of Mr. Marcos. After denying for more than a decade that she and her husband plundered the country, Mrs. Marcos unexpectedly announced on Monday that she intended to sue several Marcos cronies to recover more than $12 billon in assets that her husband amassed during his presidency.

"We own practically everything," Mrs. Marcos said in an interview with The Philippine Inquirer. Her admission left officials here flummoxed, since they have spent more than a decade fruitlessly prosecuting the Marcos family.

Advisers to Mr. Estrada denied that the President was engaged in Marcos-style cronyism. They said his critics were distorting well-intentioned gestures by Mr. Estrada.

"In the first place, crony capitalism only thrives in an autocratic or dictatorial government," said Edgardo B. Espiritu, the Finance Secretary and one of Mr. Estrada's closest advisers. "In a system that is democratic, everyone must compete in a field that is supposed to be level."

Mr. Espiritu acknowledged that Mr. Estrada had befriended some powerful tycoons. But he added: "You may be a friend of the President, you may be a friend of politicians. But if you want to survive in the field, you have to be efficient, and you have to be ready to compete."

Mr. Estrada's ties to wealthy business executives contrast with his careful cultivation of an image as friend of the common man. Even on screen, the 61-year-old former actor often played Robin Hood characters.

With his generous paunch, garbled diction and Elvis Presley-style coiffure, Mr. Estrada put off many affluent, educated voters. But those same qualities made him a hero to poor voters.

Even now, rank-and-file voters believe that Mr. Estrada is looking out for them. The President's approval ratings are among the highest of any Filipino leader and have not been damaged by charges of cronyism.

"My dedication to the poor will be unwavering," Mr. Estrada said in an interview last month at the Asia Pacific Economic Cooperation summit meeting in Malaysia. "But I would say that although we are pro-poor, we are not anti-rich. We are pro-business because I believe business leads to growth."

Indeed, political strategists here said Mr. Estrada's campaign was financed by some very rich business people, notably Mr. Tan and Mr. Cojuangco. It is difficult to determine exactly how much they contributed because laws on disclosing campaign contributions are riddled with loopholes. But several political experts said Mr. Tan was the largest donor

It is clear that he has easy access to the President. During the summit meeting in Malaysia, Mr. Tan hovered at the back of the room while Mr. Estrada gave interviews to foreign journalists.

"He owes Lucio Tan a lot of favors," said Alexander R. Magno, president of the Foundation for Economic Freedom, a research group.

Mr. Tan has been struggling for months to rescue Philippine Airlines, the nation's flagship airline, which he took over in 1994 and which is $2.1 billion in debt. Mr. Estrada has plunged into the rescue effort, brokering an agreement between the airline and its union, and trying to attract foreign carriers to invest.

Mr. Estrada insists that the Government will not bail out Philippine Airlines, but he also says that he will not allow the nation's flag carrier to fail. As a result, he is likely to grant a request from Mr. Tan that would tighten restrictions on rivals and make it harder to compete with Philippine Airlines. And the Government is trying to line up public and private bank loans for Mr. Tan's company.

At San Miguel, the giant beer and beverage company, the Government's role was less direct. Mr. Cojuangco had been frustrated that he could not take control of the company even though his family owned 20 percent of its shares. A Philippine court had denied him the right to vote the shares because of charges that his family got them unlawfully during the years of Marcos rule.

Just before Mr. Estrada took office in June, however, the court finally allowed Mr. Cojuangco to vote his shares. He soon persuaded other stockholders -- including the Government, which owns 27 percent of the shares -- to support his effort to oust the chairman. Senator Osmena said Mr. Estrada's advisers pressed other shareholders to accede to Mr. Cojuangco.

Some political experts contend that although the Marcos-era cronies are making a comeback, the Philippines now has more vigorous institutions, like the legislature and the news media, to blunt their influence.

However, at a conference here on Dec. 4, the former American Ambassador to the Philippines, Nicholas Platt, warned that Americans were reluctant to invest because of a perception that cronyism is on the rise. Mr. Platt said investors were particularly skeptical of the Philippine courts, which have failed to convict either Mrs. Marcos or her husband's associates.

"The Philippines is a forgiving society, an engaging trait to many," Mr. Platt said. "But international investors ask whether they will get a fair hearing or a rapid resolution when involved in a dispute here."

PAL union files notice of strike over cost-cutting

http://www.gmanews.tv/story/182898/pal-union-files-notice-of-strike-over-cost-cutting

A strike notice has been filed by employees of Philippine Airlines (PAL) over a cost-cutting plan aimed at stabilizing the flag carrier's finances.

But going to the picket lines remains a last option, the Philippine Airlines Employees' Association (PALEA) said, noting that the strike notice was supposed to get the government involved in settling a dispute over the airline's plans.

"The decision to file a notice of strike is to attain the highest degree of participation and involvement of the government in resolving the current situation in PAL," PALEA President Edgardo C. Oredina told BusinessWorld.

"We feel that negotiations in the NCMB (National Conciliation and Mediation Board) would not go anywhere without the government's intervention and help in negotiations," he added.

"[A] strike, however, is only a worst case scenario," he pointed out.

In its strike notice, PALEA cited "intended mass lay-off of union members and officers by April 2010, illegal outsourcing of regular positions, direct negotiations with union members, unresolved issues during preventive mediation, and noncompliance [with] pay scale review during settlement of the wage distortion."

Last August, PAL President Jaime J. Bautista announced that the airline needed to adopt cost-cutting measures amid a global industry downturn. Among the options being considered, he said then, were aircraft sales, cutting routes, lay-offs and a search for a white knight.

Both management and the union began negotiations regarding the outsourcing of noncritical jobs in September. PALEA requested for preventive mediation from the NCMB that month and then asked for the suspension of talks in October, citing the lack of progress.

The DoLE stepped in but was unable to present an early retirement plan acceptable to PALEA, which also asked Malacañang to intervene.

Oredina said the government must either "help the flag carrier financially to either survive and keep all of its current employees or to provide acceptable separation pay to those willing to be retrenched."

"Policies that do not protect the flag carrier are one cause of the falling revenues. The government must be willing to put PAL under rehabilitation and infuse fresh capital to it to save it and our jobs because if something happens to the flag carrier it is a black mark on the government," he said The Labor department, said Oredina, would be calling a meeting between PAL and PALEA this week.

PAL management, for its part, urged the union to look at the "bigger picture and rise to the occasion." "The management of Philippine Airlines is deeply saddened by the decision of PALEA to file a notice of strike at this critical juncture when the airline is struggling to stabilize its finances as a result of the worst-ever downturn in the global aviation history," it said in a statement.

"We urge PALEA to look at the bigger picture and rise to the occasion. It is particularly instructive to consider the example of other legacy flag carriers, where management and employees have shown the will to make sacrifices to save the company." It added that it was continuing to communicate with PALEA and hoped that negotiations would be civil and open.

The Labor department normally assumes jurisdiction over labor disputes that are in the national interest. Labor Secretary Marianito D. Roque declined to comment, saying it could prejudice the case.

"There are long and complex talks ahead but the main point is to save the flag carrier. We are not for outsourcing but we are open to options for the sake of our members," Oredina said — Emilia Narni J. David, BusinessWorld

Philippine Airlines union files strike notice

http://business.inquirer.net/money/breakingnews/view/20100201-250728/Philippine_Airlines_union_files_strike_notice


MANILA - A union representing Philippine Airlines (PAL) ground staff said Monday it had notified the government of its intention to call a strike in a dispute over the outsourcing of the airline's services.

Edgar Oredina, the head of the PAL Employees' Association (PALEA), said the "notice of strike" had been filed to force the government to become involved in resolving the dispute, which began in August.

"Before, we resorted to preventive mediation but since nothing happened, we converted this to a notice of strike. Once we file that, we put the negotiations on a higher level," Oredina told Agence France-Presse.

He said that actually embarking on a strike was "the worst-case scenario" and that the union was using the threat of a strike to prompt the labor secretary or even President Gloria Macapagal-Arroyo to become involved.

"PAL has an outsourcing plan that would mean a lot of people would be gone from PAL. We are not asking for higher wages. This is just for job security," he said.

Oredina said it was proper that the government became involved because "the government contributed to this. The government had many policies that affected the revenues of PAL."

PALEA represents about 3,900 PAL employees in such areas as ground handling, maintenance and cargo operations, accounting for more than half of the national flag-carrier's 7,000 employees, Oredina said.

The airline said it was saddened by PALEA's move, which comes as "PAL is in an urgent financial predicament, with limited time and options."

It urged the union "to look at the big picture" of how the airline is trying to cope with a severe downturn in the global aviation industry.

PAL assured the public that all its operations would continue as normal.

Labour Department officials in charge of mediating strike threats said their agency's chief would meet union and PAL representatives on February 4.

In August, PAL said it would cut staff and realign operations after reporting a $301.4-million loss in the past fiscal year as it was hit by rising fuel costs.

PAL resorts to job outsourcing

http://www.manilastandardtoday.com/insideBusop.htm?f=2010/january/21/rayenano.isx&d=2010/january/21

Philippine Airlines union president Edgardo Oredina did not sound optimistic when he apprised members of the Philippine Airlines Employees’ Association late last year about the financial predicament of PAL and the state of the global aviation industry.

Oredina informed his members that PAL had hatched a plan to “outsource several operation units” that could lead to the loss of regular jobs held by some 4,000 employees. Alarmed, Oredina wrote Executive Secretary Eduardo Ermita, seeking the intervention of President Gloria Macapagal Arroyo on PAL’s job outsourcing strategy.

The union chief, along with senior union officials, also sought a consultation meeting with Labor Secretary Marianito Roque to discuss PAL’s plan and the airline’s claim of being “on the brink of bankruptcy.”

“After we updated [Secretary Roque] regarding our predicament... on the issue of PAL’s planned outsourcing, we asked him if there is any possibility of a government takeover of PAL if the need arises. He informed us that the possibility is very remote for the government has no capacity to operate an airline but he assured us that he will help on the issue of job preservation, no worker will be displaced,” Oredina’s letter read.

PAL’s union, however, seemed resigned to PAL’s fate, especially after its representatives to the recent International Transport Workers’ Federation meeting in Sri Lanka learned that other aviation workers in the world were facing the same problems.

“Ironically, ITF’s presentation also dealt with the great impact to the operating revenues made by the so-called ‘low-cost and no-frills’ airlines in the region like Cebu Pacific, Air Asia and the likes, leading to the heavy losses on the legacy airlines and flag carriers like PAL,” Oredina said in his report.

He relayed that other delegates to the convention, including labor unions from Cathay Pacific, Malaysian Airlines, Thai International Airways, Air India and Garuda Indonesia, revealed that due to the tight financial conditions of their respective airlines, flag carriers resorted to “retrenchment, reduction of working hours, pay cuts and outsourcing to counter the challenges of the low-cost airlines.”

“... we can conclude that unions worldwide, especially in the aviation industry, must be more dynamic, proactive, innovative and aggressive adapting to the current changes in the industry, within the framework of maintaining the essence of unionism...,” Oredina said.

Sunday

Losing Hundreds of Billions

http://opinion.inquirer.net/inquireropinion/columns/view/20100101-245051/Losing-hundreds-of-billions
By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 19:55:00 01/01/2010

IN 2008, thanks to the efforts of whistleblowers such as columnist Jarius Bondoc, Joey de Venecia, Jun Lozada and Sen. Panfilo Lacson, the infamous NBN-ZTE project was shelved. Had it gone through, the Filipino people would have forked out three times what the project was worth, and we would have been about P10 billion poorer as a result.

In 2009, thanks to the efforts of Louie Sison (who filed the case) and then senators Franklin Drilon and Serge Osmeña, the Supreme Court nixed a compromise agreement between government corporation PNCC and a company called Radstock. Had it gone through, PNCC would have been stripped of all its assets, some P17 billion worth, and the government and the Filipino people would have been left holding an empty bag—unable to collect any of the P36 billion owed to it/them by PNCC.

In 2010, a much larger sum than those saved in 2008 and 2009 is at stake. If things continue to go the way they are going, the government and the Filipino people stand to lose an amount conservatively estimated at between P220 billion and P330 billion.

Those figures represent the government’s 60-percent share of Lucio Tan’s share of around 300 companies which Tan reputedly controls, according to the Global Business Leaders website. The total value of this “empire,” says the website, would not be less than $20 billion (as of 2005, mind you), and Tan controls 40 to 60 percent of this. The math is easy: Tan’s share is between 40 percent and 60 percent of $20 billion, which comes to between $8 billion and $12 billion respectively. The government’s share is 60 percent of Tan’s share, which comes to between $4.8 billion and $7.2 billion. At P46 to the dollar, the government’s share therefore amounts to between P220.8 billion and P331.2 billion.

And why should government have a 60-percent share of Tan’s share? The logic is again simple: Ferdinand Marcos gave Tan his start, and was instrumental in the success of the existing businesses (Fortune Tobacco and Asia Brewery were given all kinds of tax breaks and accommodations) and the acquisition of new businesses (Tan conveniently ended up the only bidder for what is now Allied Bank, and got it for a song). But Marcos wasn’t doing this out of the goodness of his heart. The quid pro quo was that Marcos was to own 60 percent of the businesses (as testified to by his wife Imelda and his son Bongbong, and as finalized by his financial consultant Rolando Gapud—who recounts that Tan tried, in vain, to negotiate the sharing to 50-50).

Unfortunately for Marcos (aside from the Edsa Revolution and his death), the Supreme Court ruled that his accumulated official income during his government tenure was a tiny, negligible fraction of the money required to acquire such wealth. Ergo, such wealth was unexplained. Ergo, it was improperly acquired. Ergo, it belongs to the government.

Unfortunately for the Filipino people, the government’s efforts to get that 60-percent share of the Tan empire was moving, if at all, at a snail’s pace—for a variety of reasons: at best “benign” neglect on the part of the government itself, and Tan’s excellent legal team (read Estelito Mendoza).

And then came a major break in the case, in the form of Catalino Generillo, a PCGG lawyer hired by Haydee Yorac in 2001, who was assigned to the Tan case in early 1997. For what has to be the first time in 20 years, it seems, there was pro-activeness on the part of government—Generillo got witnesses like Bongbong Marcos (hostile) and Jovito Salonga to testify, subpoenaed documents right and left (Malacañang Museum, Bangko Sentral) and rediscovered valuable documents which had somehow gotten lost in the shuffle. For the first time, it looked like the government had a strong chance of winning the case.

Yet another break in the case occurred last year: Lucio Tan and his brother Mariano Tanenglian had a nasty and apparently irremediable falling out. And Generillo pursued the possibility of having Tanenglian, who was the treasurer of all the Tan companies, become a government witness in exchange for immunity.

But then, Generillo was fired from the PCGG. At the instigation, no less, of Tan’s lawyer, Mendoza. On the recommendation, subsequently, of Solicitor General Agnes Devanadera. Which the PCGG promptly accepted and implemented.

Subsequently, the very same Devanadera who recommended that Generillo be fired also recommended to the PCGG that it not grant immunity to Tanenglian, and not use him as a government witness.

In other words, the government, through Devanadera and the PCGG, shot its case against Tan in the foot—twice. Worse, the PCGG is making it appear as if Generillo and Tanenglian are the bad guys. In that, it is in complete accord with Tan, who wants both out of the case. Which leads one to wonder which side the PCGG and the solicitor general are on in the first place.

Now the reader knows what I mean when I say that if things continue the way they are going, we stand to lose from P220 billion to P330 billion.

If we don’t want that to happen, folks, we have our New Year’s Resolution for 2010: to exert pressure on the PCGG to use both Generillo and Tanenglian. Generillo because he not only has done his homework, but is not open to transactional justice. Tanenglian, because they have everything to gain and nothing to lose if they use him—assuming of course that the PCGG officials have the country’s financial interests, and not their own, at heart.

Monday

From struggling student to Forbes rich list

http://www.ft.com/cms/s/0/b59a8f9e-f30d-11de-a888-00144feab49a.html?nclick_check=1

By Roel Landingin
Published: December 28 2009 01:20 Last updated: December 28 2009 01:20



Lucio Tan is always in a hurry. He bought a helicopter in 1968 to be able to move quickly when visiting his factories – making him one of the first Filipino businessmen to own one.

At the office, he attends up to seven meetings simultaneously – associates see him as a blur moving from one room to another.

It’s a trait that has served Mr Tan very well, catapulting him from struggling working student in the late 1950s to being the country’s second-richest man just five decades later. Today, with a net worth of $1.7bn, according to Forbes magazine, he is wealthier than any of the scions of the elite Spanish families whose companies are now more than a hundred years old, or most of the ethnic Chinese merchants who began to build their businesses right after the second world war.

Mr Tan, 75, owns the Philippines’ biggest cigarette company, its largest airline and flag carrier, the fifth and 11th biggest banks, one of south-east Asia’s biggest hog farms, the country’s only other brewery, and about a hundred other businesses. He also owns prime properties in several cities in China and Hong Kong.

It is a remarkable rise for somebody who became a Philippine citizen only in 1960 and formed what was to be his flagship company, Fortune Tobacco Corporation, only in 1965. Born in the southern Chinese province of Fujian in 1934, Mr Tan was four years old when his parents came to the Philippines in search of better fortune.

But in a country where business fortunes can be made or lost on government connections, the rapid growth of Mr Tan’s corporate empire is also widely seen as a result of his close association with the late dictator Ferdinand Marcos.

In explaining Mr Tan’s phenomenal rise, “the bigger force is political connection but he knows how to strategise which businesses to get into”, says Dr Ellen Palanca, an economist specialising on ethnic Chinese businesses in the Philippines.

Mr Tan also came to the country at a time when its economic base was shifting from agriculture towards industry and services, and the traditional and landed Spanish mestizo elite were under pressure from Mr Marcos. “He was also lucky that the traditional oligarchs were the enemies of Marcos,” adds Dr Palanca.

Soon after the dictator was overthrown in 1986, the new government of president Corazon Aquino filed a civil case to expropriate Mr Tan’s key assets on the ground they were “ill-gotten”, and partly owned by Mr Marcos.

The government alleged that special concessions granted by Mr Marcos allowed Mr Tan to become the biggest cigarette maker in the 1970s, enter the brewery business in 1982 which had until then been a monopoly, and rapidly grow a troubled bank acquired in 1977 into the country’s third-biggest lender. Mr Tan has rejected those allegations.

Against the odds, not only has Mr Tan successfully warded off the government’s attempts to seize control of his companies – all the cases are still tied up in court – he has managed to grow his businesses. He even acquired new ones, including state companies being privatised such as Philippine Airlines and Philippine National Bank.

For reasons still unclear to outsiders, a serious rift erupted earlier this year with Mariano, one of Mr Tan’s seven siblings who are all working in the family business.

In July, Mariano, through his counsel, told government lawyers that he was ready to testify and provide valuable information to bolster the government’s two-decade-old cases against the elder Mr Tan and the Marcoses. The quarrel comes at a critical period for Mr Tan, who is preparing for his sons to eventually succeed him. The country is also in the early stages of a presidential election that could bring in a less friendly administration. Mr Tan declined to comment.

Sunday

Lucio Tan brother urged to help gov't 'one last time'

http://www.abs-cbnnews.com/business/12/11/09/lucio-tan-brother-urged-help-govt-one-last-time
By Michelle Orosa, ABS-CBN News 12/12/2009 7:37 AM


MANILA, Philippines - The Presidential Commission on Good Government (PCGG) is giving Mariano Tanenglian, brother of tobacco magnate Lucio Tan, one week to appear in person before the commission before it considers a request for immunity.

If Tanenglian snubs PCGG's invitation--the 5th already--the PCGG is mulling to confer with an earlier recommendation of the Office of the Solicitor General to turn down his immunity request, which was based on his testimony against Tan.

PCCG Commissioner Ricardo Abcede said in a press conference Friday that it was Taneglian's "last chance" to prove that he has a valuable testimony to offer, which will help the state sequester his brother’s alleged ill-gotten wealth.

"It seems the prevailing situation is that Mr. Tangenglian will not provide solid information until he is given that he asks for, just as the state will not give him what he asks for until he has first made some valuable disclosures. It is precisely to break this otherwise understandable impasse that the PCGG wants to engage Mr. Tanenglian in an open discussion, in the hope that during the exchange an arrangement agreeable and beneficial to both the potential state witness and the state may be hammered out," said Abcede.

Abcede said the PCGG has already invited Tanenglian for discussion 4 times, this being the 5th. But Tanenglian has always sent his counsel to represent him instead.

"I have to wonder why he's not coming in person. Is it because of fear? He must have his reasons. But as a lawyer, I feel it would be best to see him in person and determine whether what he has to say is valuable, and determine his credibility," the commissioner remarked.
Tanenglian came forward early this year, agreeing to testify on allegations that his brother had acquired Allied Bank, Fortune Tobacco and Asia Brewery through close ties with then President Ferdinand Marcos and his family.

In exchange for his testimony, Tanenglian asked that he be given immunity from any charges.

The case against Tan’s alleged ill-gotten wealth has been pending resolution at the Sandiganbayan for more than 20 years.

But the Office of the Solicitor General also earlier decided, through drafts of material Tanenglian's counsel provided regarding the content of his testimony, that he was not providing any data that was not already available in public.

The OSG called on the PCGG to turn down his request for immunity.

Meanwhile, Abcede also denied that the tobacco magnate himself was being treated with "kid gloves" and that the case was intentionally being dragged in courts.

"The truth is all past administrations have battled it out with Lucio Tan but thus far, Mr. Tan has been victorious in retaining ownership and control over his companies. The Arroyo administration, through the OSG, is doing all it can to bring victory to the state, but in the end the courts have the final say," he concluded.

http://newsinfo.inquirer.net/breakingnews/nation/view/20091212-241554/PCGG_gives_Tan_brother_last_chance


By Alcuin PapaPhilippine Daily Inquirer
Posted date: December 12, 2009


MANILA, Philippines – The Presidential Commission on Good Government (PCGG) is giving Mariano Tanenglian, brother of businessman Lucio Tan, a last chance to appear before officials of the agency prior to being considered a witness in the cases against his estranged brother.

In a press conference, PCGG Commissioner Ricardo Abcede said Tanenglian should appear before PCGG officials if they are to consider his request for immunity from suit.

“We want to give him a chance to prove he is valuable and serious about testifying against his brother. This is the last chance,” Abcede said.

He added that granting immunity from suit to any witness is “an important thing. It’s not that easy.”

Abcede said they want to interview Tanenglian and gauge whether his testimony would be valuable to the government’s cases against Lucio Tan.