The
Philippine Ports Authority (PPA) has directed Tagbilaran port manager Raul Oblenda
to implement the turnover of the port services back to the Tagbilaran Maritime
Services, Inc. (TMSI) on Friday.
The
order came as an offshoot of the denial of a motion for intervention and opposition
by the Court of Appeals.
The
motion was earlier filed by the Tagbilaran Port Workers Association (TPWA) against
the compromise agreement between PPA and TMSI granting a 2-year probationary negotiated
contract to the latter.
Members
of the port workers group have threatened to go on strike once the takeover bid
of TMSI is implemented this Friday, January 26.
The
port workers' group filed at the CA an urgent motion for the issuance of a temporary
restraining order and writ of preliminary injunction last January 10 on the contract
of operations being entered into by TMSI and the PPA last December 15, 2006.
| | | In
its motion, port workers argued that the contract for operations of cargo handling
services given to TMSI is "highly questionable" since the PPA, through
its Assistant General Manager for Operations Benjamin Cecilio, proceeded to forge
the contract with TMSI despite a pending motion for reconsideration being filed
by the workers' group (TPWA) on the CA's denial of their motion for intervention
last September 7, 2006.
The
said motion for reconsideration has yet to be resolved by the appellate court
up to this time. |
Moreover,
TPWA disputed that PPA's lawyer (Atty. Oscar Sevilla) "has no legal capacity
to represent [the] PPA in the said contract [with TMSI]" since he (Sevilla)
was already more than 66-years old on December 15, 2006 (the time of execution
of the contract).
Under
RA 8291, the Government Service Insurance Act and the pertinent provisions of
the Civil Service Law, the PPA's counsel (Sevilla), who turned 65-years old sometime
in November 2005, "was already compulsorily retired" upon execution
of the contract.
The
port workers claimed that the PPA should have facilitated for a public bidding
as mandated in PPA Administrative Order 03-90, the Implementing Guidelines on
the Cargo Handling Contract System.
TPWA,
being a duly registered legitimate workers' association and a cooperative with
the Department of Labor and Employment (DOLE) and the Cooperative Development
Authority (CDA), have previously manifested interest to participate in the bidding
as required by law and have the chance to secure for themselves said contract.
In
an interview with the Chronicle, one of the port workers' spokesman Joel Rocha,
said TPWA members are still hoping that the contract be rescinded and their pending
motion at the CA will be decided on their favor.
Although
sentiments of some TPWA members are leading to organize another strike once TMSI
takes over the port cargo handling and stevedoring services, Rocha stressed they
will exhaust all legal remedies in order to block the re-entry of TMSI and that
their group be given the opportunity to participate in a bidding for the port
services contract.
According
to Rocha, their group was surprised by the recent turnaround of Gov. Erico Aumentado's
stand who previously promised to stand by the port workers.
The
governor announced during his weekly radio program, "The Governor Reports,"
last Friday that TMSI's re-entry in managing the port cargo handling services
at the Tagbilaran wharf should be given a chance since the company (TMSI) has
been reorganized under the leadership of businessman John Yap.
With
Yap at the helm, port services would be improved and well-managed, according to
the governor.
BACKGROUND
It
may be recalled that PPA, through its Special Takeover Unit (STU), took over the
operation of arrastre and stevedoring services from TMSI on October 2003 after
the latter's temporary permit to operate was not renewed by the PPA.
TMSI
filed a case against PPA for the automatic renewal of their contract, which expired
on September 1998, and barring the PPA to re-bid the port services.
Under
the management of TMSI, the cargo handling services at the port of Tagbilaran
was besieged with complaints from port users.
The
Bohol Chamber of Commerce and Industry (BCCI) even passed several strongly worded
resolutions denouncing the poor services and stiff tariff rates imposed by TMSI.
They
warned that the continued operation of cargo handling and port services by a single
service contractor will breed inefficiency.
The
business group urged the PPA to open the port services for competitive bidding.
Reacting
to these mounting complaints, Gov. Aumentado, in his capacity as then Chairman
of the Regional Development Council (RDC) passed a resolution strongly urging
the PPA to allow other arrastre firms to provide cargo handling and other port
services in Tagbilaran.
The
PPA legal department issued an order to bid on August 7, 2003 but failed to push
through with the bidding due to legal actions filed by TMSI.
In
June last year, TMSI proposed a deal with PPA Manila to resume its management
of the port services without passing a public bidding and pledged to withdraw
its case against PPA with the assurance of an efficient handling of port services
and guarantees the protection of employees and laborers.
Both
PPA and TMSI agreed that the compromise is desirable instead of a protracted litigation.
The deal also required TMSI to formulate a "business plan" including
the insurance of wages and other employee benefits.
TPWA
filed a motion opposing the CA's approval of the compromise agreement. TMSI and
PPA Manila had both answered the opposition and had asked the CA to junk the workers'
intervention which is now the subject of the pending motion for reconsideration
at the CA.
TPWA
READY TO BID
According
to the workers' group (TPWA), they are prepared to participate if ever there is
a re-bidding of the port cargo handling services. The port workers' cooperative
was already assured by some local banks to support the bidding requirements, such
as cash bond, while they have the capability to rent forklifts from a Cebu-based
heavy equipment company. | 
