PALEA seeks reversal of indictment for work stoppage

By Ina Reformina, ABS-CBN News

Posted at Aug 03 2012 04:16 PM | Updated as of Aug 04 2012 12:16 AM

MANILA - Members of the Philippine Airlines Employees Association (PALEA) filed a petition for review with the Department of Justice (DOJ) seeking a reversal of a June 20 resolution of the Pasay City Prosecutor's Office finding probable cause to indict them for violation of the Civil Aviation Authority Act of 2008 for the work stoppage in Sept. 2011 in connection with the airline's outsourcing scheme.

The respondents-appellants, all 241 of them, were led by PALEA President Gerardo Rivera.

They claimed that complainant Philippine Airlines (PAL) erred in filing the complaint before the city prosecutor on Nov. 25, 2011 without the required clearance from the Department of Labor and Employment (DOLE).

The also assailed the city prosecutor for ruling that the acts complained of by PAL constituted a violation of the Civil Aviation Authority Act.

Respondents-appellants further pointed out that their acts constituted "a legitimate exercise of the constitutional right to engage in peaceful concerted activities."

"The criminalization of protest actions, or even strikes, on the pretext that they constitute violations of Sec. 81 (b) (5) of RA No. 9497 (Civil Aviation Authority Act), directly contravenes the constitutional right of workers to engage in peaceful concerted activities, including strikes," the petition read.