Sec. Roxas urged not to believe detractors:No illegal sale of franchise, say Pantranco bus workers

>> Monday, July 9, 2012

By Christian D. Supnad


DAGUPAN CITY -- The more than 2,000 retrenched employees of the defunct Pantranco North Express, Inc. appealed Thursday to Transportation Sec. Mar Roxas “not to be misled by black propaganda of a few operators of bus companies and should look instead into the interest of the thousands of employees and their dependents.”

The employees appeal came in the wake of reports that the few bus operators appeared to be succeeded in misleading Roxas by issuing press releases in daily newspapers to make it appear that the selling of Pantranco franchise to the Hernandez family was illegal.

The Land Transportation Franchising and Regulatory Board has ruled that the franchise of the Pantranco North Express Inc.,(PNEI) a government-controlled corp. is legitimate and its selling to other private bus company is legal, contrary to what oppositors are floating.

 In its decision, the LTFRB said that the Certificate of Public Convenience (CPC) issued to Pantranco is valid, citing Articles 1 and 12 of the 1987 Constitution which states in part

“The goals of the national economy are a more equitable distribution of opportunities, income and wealth, a sustained increase in the amount of goods and services.” 

The LTFRB, urged oppositors Nilo Baligod, Baliwag Transit, G.V. Florida, Partas, Phil. Rabbgit, ES Transport, Dagupan Bau, Saulog Bus and Genesis- to welcome the challenge of competition.

“In essence, the effect of competition is more advantageous to the public in general for it will encourage businessmen to improve the quality of their services in the interest of the public safety and convenience. Thus, the  application of the oppositors that the approval of it (franchise) would result into cut-throat and destructive will not lie,”   said Samuel Julius Garcia and lawyer. Manuel Iway, board members of the LTFRB.

The LTFRB said “This is in line with the program of government to elevate the economic condition and tourism industry of other regions and for the utilization of new highways such as SCTEX…allowing farmers and fisher folks to distribute their products.”

After the awarding of the franchise, the Pantranco Retrenched Employees Association (PANREA) and the Pantranco Employees Association (PEA), two legitimate labor organizations of the former employees of Pantranco,  sold it to a private buyer after the National Labor Relations Commission gave the go-signal to give benefits to its unpaid more than 2,000 retrenched employees.

“It was a legitimate franchise awarded to us by the LTFRB, a legitimate business deal and nothing illegal. But to the eyes of other selfish bus competitors, it was irregular because they do not want to have a fair competition to promote their own selfish interest and  personal aggrandizement,” said PANREA president Romy Alfonso and PEA president Jun Pascua.  

The move by other bus competitors to sabotage the sale of Pantranco franchise has also earned the ire of the more than 2,000 Pantranco employees who asked DOTC secretary Mar Roxas not to be hoodwinked by the noisy competitors whose real intention is to block the long over due benefits of the retrenched Pantranco employees.

“We thank the various government agencies and instrumentalities, especially President Aquino, the NLRC, the LTFRB, DOTC, Department of Labor and the Hosue Committee on Labor and Employment for heeding our cries for justice and compassion,” said Alfonso and Pascua in as statement.

“We know in our hearts that the powers that be know of our plights and we will not be swayed by unscrupulous and exploitative bus operators who care nothing for our families and our quest for vindication,” said Alfonso and Pascua.

1 comments:

Unknown August 22, 2012 at 7:06 PM  

CHRISTIAN SUPNAD appears to have been misled by Romulo Alfonso and Jun Pascua concerning the opposition of NILO BALIGOD on the selling of Pantranco CPCs by PANREA and PEA-PTGWO.

Oppositor NILO BALIGOD does not oppose the validity of the award of PNEI CPCs to PANREA and PEA-PTGWO because in the first place, the success of PANREA and PEA-PTGWO in levying the PNEI CPCs was through the efforts and financial assistance NILO BALIGOD extended to PANREA and PEA-PTGWO. (Please, see: Opposition and Motion for Reconsideration of NILO BALIGOD filed with the LTFRB and DOTC).

It was through the efforts of NILO BALIGOD that the Certificate of Sheriff's Sale covering the PNEI CPCs was filed with the LTFRB through Atty. Celestino S. Caingat, Jr. However, it appears now that Atty. Manuel Ibanez grabbed the professional employment of Atty. Caingat without terminating Atty. Caingat's legal services.(Please, see: Opposition and Motion for Reconsideration of NILO BALIGOD).

PANREA and PEA-PTGWO executed a Memoranda of Agreement with NILO BALIGOD dated way back August 28, 2002 and August 5, 2007 wherein it was agreed that PANREA and pea-PTGWO cannot sell any recovered PNEI assets without the consent and approval of NILO BALIGOD. By way of consideration of the services and financial assistance of NILO BALIGOD, THIRTY FIVE PERCENT (35%) of the value of the PNEI property recovered or its property equivalent shall be paid to him. (Please, see: MOA in the records of the case).

The bus operators (Hernandez family) who bought the PNEI CPCs were under notice of the MOA because they were oppositors in the original LTFRB case. In fact, NILO BALIGOD formally offered the PNEI CPCS to the Hernandez family through CESAR HERNANDEZ.

CHRISTIAN SUPNAD must understand that NILO BALIGOD is not opposing the validity of the award of CPCs to PANREA and PEA-PTGWO. NILO BALIGOD Opposition being that of the validity of the sale of the PNEI CPCs to the Hernandez Family by the unauthorized persons, ROMULO ALFONSO and JUN PASCUA.

The sale was illegal and void ab initio because:
(1) ROMULO ALFONSO is not the president of PANREA. The Certificate of Sheriff's Sale issued by NLRC Sheriff, Eugenio Bartolome, clearly state that PANREA's incumbent President is TELESFORO U. MEMITA. The authority of Memita being the President of PANREA if confirmed and affirmed by the NLRC Labor Arbitration and the NLRC Sheriff's Office including the latest PANREA certified GIS issued by the Securities and Exchange Commission;

(2) The sale was not consented to and approved by NILO BALIGOD as clearly agreed under the MOA, supra; therefore, the sale is void with respect to the THIRTY FIVE PERCENT entitlement of NILO BALIGOD over the PNEI CPCs. Hence, it cannot be identified what particular CPCs were sold to Hernandez Family;

(3) The authority of TELESFORO U. MEMITA and JUN PASCUA under the Certificate of Sheriff's Sale is INDIVISIBLE and therefore, the SALE PNEI CPCs by ALFONSO and PASCUA is void because ALFONSO has no authority to sell the undivided share of PANREA from the PNEI CPCs. Hence, it cannot be determined what particular CPCs were sold by PASCUA. At any rate, PASCUA is no longer the President of PEA-PTGWO. He was recently replaced by ROBERT LEANO due to lack of trust and confidence; and

(4) The element of fraud is very clear in the Deeds of Assignment executed by ALFONSO and PASCUA and the buyers because there is no stated or specific consideration therein. This will leave all men groping in dark as to how much the CPCs were sold to the Hernandez family.

CHRISTIAN SUPNAD should verify and validate first information fed to him before he should make a report. Specially so that majority of the members of PANREA and PEA-PTGWO were not paid and some were paid way less than their share from the proceeds of the sale of the CPCs. Indeed, some members already filed SYNDICATE ESTAFA against the ALFONSO and PASCUA group.

I am available for interview at anytime convenient to CHRISTIAN SUPNAD or any of your authorized representatives.

NILO BALIGOD

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