Report in which the committee requests to be kept informed of development - Report No 349, March 2008

Case No 2546 (Philippines) - Complaint date: 12-FEB-07 - Closed

Allegations: The complainant alleges that the director of the Technical Education and Skills Development Authority (TESDA) committed several discriminatory acts against trade union members in retaliation for having participated in anti-corruption proceedings and protests targeting the TESDA. The said acts include attempts to curtail freedom of expression, suspension without pay, work transfers, termination of employment, withholding of financial incentives and filing a libel lawsuit against a trade union leader

1. 1181. The complaint is contained in a communication of 12 February 2007. The complainant transmitted additional information in support of its complaint in communications of 7 March, 5 April and 11 September 2007. Public Services International (PSI) affiliated itself with the complaint via a communication of 19 March 2007.
2. 1182. The Government submitted its observations in communications of 5 March, 28 May and 4 September 2007.
3. 1183. The Philippines has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 1184. In its communication of 12 February 2007, the complainant Public Services Labor Independent Confederation (PSLINK) – an umbrella organization of 338 public sector rank-and-file unions with 63,000 members – states that Annie Enriquez Geron, the President of its affiliate the Samahang Malaya at Nagkakaisang Kawani ng TESDA (SAMAKA–TESDA), filed a complaint for misuse of public funds against the Technical Education and Skills Development Authority (TESDA) Director-General Augusto L. Syjuco Jr before the Presidential Ant-Graft Commission (PAGC) and the Office of the Ombudsman. The complaint was filed as part of a union advocacy and community rights campaign and in keeping with the Oath of Government Employees obliging all oath-takers to speak out against “anomaly and abuse”. A copy of the complaint is attached to the communication.
2. 1185. The complainant indicates that the SAMAKA–TESDA had spearheaded the filing of corruption cases against the former TESDA Director-General, Dante Liban, before the PAGC and the Office of the Ombudsman in 2002 and 2003; upon the PAGC’s recommendation, Mr Liban was dismissed by the President in March 2003. SAMAKA–TESDA had also sought the Commission on Audit (COA) to conduct an audit on transactions that were the subject of its complaints regarding Mr Liban. On 10 November 2005, the COA submitted to Mr Syjuco a report confirming eight irregularities out of ten cited by the union in its complaint against Mr Liban.
3. 1186. The complainant states that the case before the PAGC against Mr Syjuco was filed on the basis of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, as well as Republic Act No. 6713 concerning the code of conduct and ethical standards for public officials and employees. The complainant indicates that the union submitted evidence and documents in support of its complaint to the PAGC on 16 October 2006, but the processing of the complaint experienced delays as Mr Syjuco had requested extensions for the date of submission of documents subpoenaed by the PAGC.
4. 1187. The complainant alleges that, after he was made aware of the filing of the complaint, which had generated media attention on TESDA, on 15 September 2006 Mr Syjuco issued two memoranda – one reminding employees of the ban on participating in demonstrations and affixing union-related posters and materials in the workplace, the other establishing guidelines for obtaining access to official documents. The former memorandum, a copy of which is attached to the complainant’s communication, states that Memorandum Circular No. 6 series of 1987 prohibits government officials and employees from resorting to “strikes, demonstrations, mass leaves, walk-outs and other forms of mass action resulting in temporary stoppage or disruption of public service”; it further states that strikes and other forms of mass action shall only be allowable in areas where the delivery of the public service shall not be prejudiced or undermined, such as TESDA’s basketball court. The complainant adds that the first memorandum was intended to discourage employees from joining mass actions in support of an anti-corruption campaign, while the latter, by restricting access to official documents, violated article 7 of the Bill of Rights of the 1987 Constitution.
5. 1188. The complainant states that Mr Syjuco also issued transfer orders in respect of the following trade union members: Annie Geron, Mitzi Barreda, Rafael Saus, Luz Galang, and Conrado Maraan Jr. The complainant adds that the context of and the motivation behind Mr Syjuco’s transfer orders were highly suspect, irregular and unprecedented, as Mr Syjuco does not directly supervise the above employees and has no direct knowledge of their work and competencies; moreover, the transfer orders were neither recommended by their immediate supervisors nor requested by the directors of the offices to which they were transferred.
6. 1189. The complainant attaches a copy of a report, issued by the Envisage Security Agency and addressed to Mr Syjuco, indicating that at 12.30 p.m. of 30 October 2006 several TESDA employees assembled for a demonstration in the central building’s lobby area. The report indicates that the purpose of the demonstration was to criticize Mr Syjuco’s performance and that several participants held placards accusing Mr Syjuco of corruption; it also names the following union members among the participants: Annie Geron, Mitzi Barreda, Rafael Sauz, Luz Galang and Conrado Maraan Jr The complainant also attaches copies of memoranda dated 30 October 2006 and addressed to all of the above-named individuals. The memoranda refer to the 30 October 2006 report of the security agency and request their recipients to explain, within a 72-hour period, why administrative charges for grave misconduct should not be filed against them.
7. 1190. According to the complainant, on 10 November 2006 orders of preventive suspension for a period of 90 days were handed to union president Annie Geron and union members Mitzi Barreda and Rafael Saus; the said orders also barred the trade unionists from entering TESDA premises.
8. 1191. The complainant alleges that Mr Syjuco had also ordered the TESDA Women’s Center Alumnae Association (TWCAA), an affiliate of PSLINK that had openly supported the campaign of the TESDA employees unions, to immediately vacate their room on the floor of the TESDA Women’s Center. The complainant adds that the TWCAA is a support group for poor and marginalized women who have received training at the Center; it provides assistance through job placements, gender and development advocacy, and micro-loans to assist women in starting businesses. After its eviction, the TWCAA has had difficulty finding a new office and its programmes have been disrupted.
9. 1192. The complainant indicates that, on 17 November 2006, Mr Syjuco issued TESDA Order No. 294, which transferred Luz Galang, former union president and one of the complainants in the proceeding against Mr Syjuco, from the TESDA Training Center’s Taguig City campus to the TESDA Pasay-Makati District Office, National Capital Region.
10. 1193. On 29 November 2006, a TESDA order was issued by Mr Syjuco authorizing Teodoro Gatchalian to replace Ramon Geron, spouse of SAMAKA–TESDA president Annie Geron, as officer-in-charge in the TESDA Region IV office in Quezon. A copy of the order is attached to the complainant’s communication.
11. 1194. The complainant alleges that on 7 December 2006, a letter signed by Mr Syjuco was received by Ramon Geron, the husband of Annie Geron, terminating his services as provincial director of the TESDA Quezon office due to non-renewal of his appointment, thus ending nearly 30 years of public service without valid cause. (A copy of the letter is attached to the complainant’s communication.) The complainants add that Mr Geron had yet to be reinstated in spite of the 9 January 2007 letter of the Civil Service Commission indicating that Geron’s appointment was permanent.
12. 1195. According to the complainant, on 4 December 2006 two civilian men, introducing themselves as policemen from San Pedro, visited Annie Geron’s residence to serve a court subpoena, which is normally sent by registered mail. The subpoena concerned the libel charges filed by Mr Syjuco against Annie Geron for a 10 October 2006 radio interview she had given to Bombo Radyo Iloilo, and required her to travel to Iloilo City. The complainants add that the charges against Ms Geron were intended to harass, and that travelling to Iloilo City entailed expenses and risks for her safety.
13. 1196. The complainant states that on 18 December 2006 Mr Syjuco issued a memorandum on guidelines (a copy of which is attached to the communication) for the granting of the collective agreement incentive in the amount of 10,000 pesos. The said document states, inter alia, that the TESDA management and the TESDA–ACE union have agreed to “promote a working environment that is conducive to a harmonious relationship”, and that those deemed to be in violation of this agreement shall not be entitled to the 10,000 peso incentive. According to the complainant, the incentive was granted to all employees, including TESDA officials and board members who are not part of the collective bargaining unit, but was denied to the following union members: Annie Geron, Conrado Maraan Jr, Luz Galang, Patricia Bacolod, Rafael Saus, Mitzi Barreda, Renato Silverio, Eduardo Casco, Joyce Elizabeth Meneses, and Bayquen Tolentino. The complainant contends that the above-named individuals were denied the incentive for having participated in mass actions protesting Mr Syjuco’s corrupt practices.
14. 1197. The complainant states that OIC director Francisco Jugar Jr of the TESDA Region IV-A (CALABARZON) office issued a memorandum on 3 January 2007 to all the OIC provincial directors of Rizal, Batangas and Quezon to take appropriate action to cause the refund of the 10,000 peso incentive granted to Irene Mendoza, SAMAKA–TESDA treasurer, and union members Ronald Golfo, Ronaldo Salvador, Zorayda Amper, Arnold Maasigan, Doreen Alim and Arlene Antonio – all of whom were named in a TESDA Security Commander report as having participated in an 8 November 2006 mass action.
15. 1198. The complainant indicates that on 5 January 2007 Mr Syjuco filed an administrative action with the Office of the Ombudsman against Annie Geron, for violation of Republic Act No. 6713 and gross violation of the Civil Service Commission’s Amended Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize. The complainant also attaches a copy of a 12 November 2006 letter, from Mr Syjuco’s letter to the Ombudsman, indicating that Mr Syjuco had also initiated criminal charges against Annie Geron for gross violation of Republic Act No. 3019 for causing undue injury to the Government and the recipients of TESDA’s Ladderized Education Program. The letter further states that Ms Geron had systematically distorted privileged and confidential information about the campaign on the said programme, thus damaging the country’s educational and human resource development programme and thwarting TESDA’s manpower development objectives.
16. 1199. The complainant contends that the orders, memoranda and guidelines described above were intended to harass, intimidate and stifle legitimate dissent. It further alleges that as a result of Mr Syjuco’s retaliatory actions widespread fear of victimization has been sown amongst union members and it has not been possible for the two unions in TESDA – SAMAKA–TESDA and TESDA–ACE – to conduct their normal activities or for union leaders and activists to fulfil their mandates.
17. 1200. In its communication of 7 March 2007 the complainant attaches several documents in support of its complaint, including:
    • – A copy of a 20 February 2007 subpoena requesting the respondents Annie Geron, Lyn de Guzman and Joyce Meneses to appear before the court in a libel action initiated by Mr Syjuco.
18. – A 27 February 2007 memorandum, issued by Mr Syjuco to Annie Geron, indicating that she had been dropped from the rolls for refusing to report to work at the TESDA Laguna Provincial Office and thus failing to comply with a return-to-work order issued on 12 February 2007.
19. – A 12 February 2007 memorandum, issued by Mr Syjuco to Mitzi Barreda, indicating that she had been dropped from the rolls for failing to report to work at the TESDA Romblon Provincial Office since 25 October 2006.
20. – A 5 March 2007 memorandum, issued by Mr Syjuco to Rafael Saus, indicating that he had been dropped from the rolls for refusing to report to work at the TESDA Pasay-Makati District Office, National Capital Region, and thus failing to comply with a return-to-work order issued on 23 February 2007.
21. 1201. In its communication of 5 April 2007 the complainant attaches a copy of an 8 March 2007 order of the PAGC in support of its complaint. The said order indicates that a sufficient basis exists to commence an administrative investigation against Mr Syjuco and other TESDA officials, and requests the respondents to submit a counter-affidavit to the allegations of misuse of public funds.
22. 1202. In its 11 September 2007 communication, the complainant indicates that on 28 August 2007 the Civil Service Commission issued resolution No. 071697, which found the 16 October 2006 orders transferring Annie Geron, Mitzi Barreda, Rafael Saus, Conrado Maraan Jr, and Luz Galang from the TESDA main office in Taguig, Manila, to different provincial offices to be invalid. (A copy of the resolution is attached to the communication.) In resolution No. 071697, the Civil Service Commission took note of the following facts:
    • – On 16 October 2006, TESDA Director-General Syjuco issued orders transferring Annie Geron, Mitzi Barreda, and Rafael Saus from the TESDA main office in Taguig, Manila, to different provincial offices.
    • – In a letter of 23 October 2006, Geron, Barreda and Saus informed their respective Regional Directors that they would not report to their new places of assignment as the TESDA transfer orders were not issued in the interest of the service but were meant to harass, intimidate, coerce and discriminate against them.
    • – On 26 October 2006, Syjuco issued separate memoranda directing Geron, Barreda and Saus to explain in writing within 72 hours why they should not be charged with gross insubordination for not reporting to their new places of assignment. On the same day Syjuco also issued an order transferring Conrado Maraan Jr from the TESDA main office in Taguig, Manila, to the Abra provincial office.
    • – In a letter of 30 October 2006, Geron, Barreda, and Saus replied that the reassignment orders were unlawful, issued whimsically and capriciously and not in the interest of the service. They further avowed that their reassignment was a form of retaliation for having spoken out against Syjuco’s alleged abuses and their filing of corruption charges against the latter.
    • – On 31 October 2006, the names of Geron, Barreda and Saus were removed from the TESDA – Central Office payroll.
    • – On 6 November 2006, a formal charge for gross insubordination was issued against Geron, Barreda and Saus.
    • – In a memorandum dated 10 November 2006, Syjuco placed Geron, Barreda and Saus under preventive suspension for 90 days.
    • – On 17 November 2006 Syjuco issued an order transferring Luz Galang from the TESDA Training Center, Taguig Campus Enterprise to the Pasay-Makati District Office, TESDA-NCR.
    • – On 29 November 2006 Syjuco lifted the preventive suspension order but directed Geron, Barreda and Saus to report to their places of assignment indicated in the previous TESDA orders. Syjuco was subsequently informed by the three trade unionists’ regional directors that they had not reported to their respective places of assignment and issued, on 12 February 2007, a memorandum dropping Barreda from the rolls for failure to report for work since 25 October 2006. In memoranda dated 27 February and 5 March 2007, respectively, Geron and Saus were likewise dropped from the rolls for failure to report for work.
    • – On 13 March 2007 Geron, Barreda, and Saus submitted a joint appeal before the Civil Service Commission challenging their reassignment orders; their appeal was consolidated with that of Galang and Maraan Jr on 21 March 2007.
    • – On 10 April 2007, Geron, Barreda and Saus also appealed Syjuco’s memoranda dropping them from the rolls before the Civil Service Commission.
23. 1203. In finding the transfer orders to be invalid, the Civil Service Commission noted, inter alia, that Syjuco had failed to show reason for the reassignment of the union members concerned, that the orders transferring the union members concerned were issued one month after the SAMAKA–TESDA filed complaints against Syjuco before the PAGC and the Office of the Ombudsman for alleged graft and corruption. The Civil Service Commission also stated that the foregoing circumstances would even indicate that there was an attempt on Syjuco’s part to bust the union.

B. The Government’s reply

1. 1204. In its communication of 5 March 2007, the Government states that on 16 October 2006 Ms Geron and two other employees were reassigned from the central office to regional and district offices. Ms Geron and her co-workers were formally charged with gross insubordination and grave misconduct after failing to report to their new assignments, and their case was going through a formal hearing. At the same time, Ms Geron had initiated an administrative action appealing the transfer order. The Government adds that in light of this action, which was pending before the Civil Service Commission, the filing of a complaint before the Committee on Freedom of Association was premature.
2. 1205. In its 28 May and 4 September 2007 communications, the Government provides a chronology of events respecting the cases of Annie Geron, Mitzi Barreda and Rafael Saus that corroborates the facts taken note of by the Civil Service Commission in resolution No. 071697. The factual background supplied by the Government includes the following elements:
   • – On 16 October 2006, TESDA Director-General Syjuco issued orders transferring Annie Geron, Mitzi Barreda and Rafael Saus from the TESDA main office in Taguig, Manila, to different provincial offices.
   • – In a letter of 23 October 2006, the concerned parties informed their respective regional directors that they would not report to their new places of assignment as the TESDA transfer orders were not issued in the interest of the service but were meant to harass, intimidate, coerce and discriminate against them.
   • – On 26 October 2006, Syjuco issued separate memoranda directing Geron, Barreda, and Saus to explain in writing within 72 hours why they should not be charged with gross insubordination for not reporting to their new places of assignment.
   • – In a letter of 30 October 2006, Geron, Barreda and Saus replied that the reassignment orders were unlawful, issued whimsically and capriciously and not in the interest of the service. They further avowed that their reassignment was a form of retaliation for having spoken out against Syjuco’s alleged abuses and their filing of corruption charges against the latter.
   • – In accordance with the Uniform Rules on Administrative Cases in the Civil Service and TESDA Order No. 158, Series of 2004, Director-General Syjuco referred the cases of the concerned parties to the Administrative Complaints Committee (ACC) for appropriate action.
   • – The ACC conducted preliminary investigations and subsequently recommended the filing of formal charges for gross insubordination and grave misconduct against the individuals concerned.
   • – On 2 January 2007, Annie Geron submitted two applications for leave of absence; however, the TESDA Laguna Provincial Office to which she had been assigned issued a memorandum denying the applications for leave unless Geron first reported to the provincial office.
   • – On 22 January 2007, Rafael Saus filed an application for vacation leave for the period 8 January to 16 February 2007, but did not report to work after the period had expired.
   • – Syjuco issued memoranda of 23 February and 5 March 2007 dropping Annie Geron and Rafael Saus respectively from the rolls; Mitzi Barreda was dropped from the roll effective 12 February 2007.
3. 1206. In its 28 May 2007 communication, the Government states that the dropping of Geron, Barreda and Saus from the rolls cannot be acts of harassment since these actions are supported by factual and legal bases as they had been absent without approval for more than 30 days. The Government adds that Geron should have obeyed the reassignment order even if she did not agree with it. Furthermore, her place of reassignment was near her place of residence and hence would not give rise to financial objections brought about by the high cost of transportation expenses. As regards Mitzi Barreda, the Government indicates that she was merely returned to the Romblon office – her mother station – and that the Romblon office was the very same workplace Barreda had applied for. The Government adds that the employees concerned are bound to comply with their respective reassignment orders since a reassignment order is presumed to be valid until held otherwise by the Civil Service Commission.
4. 1207. The Government indicates that the union members concerned had filed complaints respecting their reassignment before the Civil Service Commission and had also pressed criminal charges against Director-General Syjuco. Additionally, they continued to express their grievances before Congress and the Office of the President. The Government states that the ongoing pursuit of these courses of action suggests that the rights of the employees concerned are ensured and that any ILO action on the present complaint would therefore be premature.
5. 1208. In its communication of 4 September 2007, the Government supplies information in respect of union members Luz Galang, Conrado Maraan Jr, and Ramon Geron. As regards Ms Galang, the Government indicates that she was transferred from TESDA Training Center’s Taguig City campus to the TESDA Pasay-Makati District Office by an order of 17 November 2006. Ms Galang subsequently appealed her reassignment before the Civil Service Commission on 27 November 2006; however, on 5 December 2006 she assumed her duties at the Pasay-Makati District Office, as certified by District Director Carlos Flores on 13 December 2006.
6. 1209. As concerns Conrado Maraan Jr, the Government indicates that he was assigned to the Abra Provincial Office by an order dated 26 October 2006 and appealed the reassignment before the Civil Service Commission on 27 November 2006. However, Mr Maraan Jr, started reporting to the Cordillera Administrative Region, pursuant to TESDA Order No. 275, Series of 2006, as of 12 February 2007.
7. 1210. With respect to Ramon Geron, the Government states that Mr Syjuco issued a letter to Geron dated 30 November 2006 indicating that, since he lacked the appropriate eligibility as prescribed in the Civil Service Commission qualification standards, he did not have security of tenure and could therefore be separated from the service, with or without cause, and was not entitled to back wages or salaries. In view of Geron’s lack of qualifications, Mr Syjuco decided not to renew Geron’s appointment as Provincial Director of Quezon Province, effective 1 December 2006.
8. 1211. The Government adds that Luz Galang’s and Conrado Maraan Jr’s subsequent compliance with the transfer orders demonstrates their acknowledgement of the said orders’ validity, so that the orders could not be construed as discriminatory acts. As regards Ramon Geron, the Government indicates that it is undisputed that Geron does not possess the required eligibility, thereby rendering the non-renewal of his appointment legitimate.

C. The Committee’s conclusions

1. 1212. The Committee notes that the present case involves allegations of the discriminatory transfer of union members within TESDA, their suspension without pay and termination of employment for having refused to comply with the transfer orders, and such other discriminatory acts as the curtailment of freedom of expression, the withholding of financial incentive, and filing a libel lawsuit against a trade union leader.
2. 1213. The Committee notes that the Government raises a preliminary objection to the present case: the Government states that as some of the complainant’s members had sought recourse to administrative and legal procedures in respect of several matters contained in the case, any ILO action would therefore be premature. In this regard, the Committee recalls that although the use of internal legal procedures, whatever the outcome, is undoubtedly a factor to be taken into consideration, it has always considered that, in view of its responsibilities, its competence to examine allegations is not subject to the exhaustion of national procedures [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, Annex I, para. 30]. The Committee shall therefore proceed with its examination of the present case.
3. 1214. The Committee notes that the union concerned, SAMAKA–TESDA, had undertaken a union advocacy and community rights campaign under which the union’s president, Annie Geron, had filed complaints for misuse of public funds against TESDA Director-General Augusto Syjuco Jr before the PAGC and the Office of the Ombudsman. The Committee also notes that on 15 September 2006, TESDA issued a memorandum reminding its employees that, Memorandum Circular No. 6 series of 1987 prohibited government officials and employees from resorting to “strikes, demonstrations, mass leaves, walk-outs and other forms of mass action resulting in temporary stoppage or disruption of public service”; and indicating that strikes and other forms of mass action would only be allowable in areas where the delivery of the public service shall not be prejudiced or undermined, such as TESDA’s basketball court. Noting the complainant’s allegation that the abovementioned memorandum was intended to curtail the union’s freedom of expression, the Committee also observes that, on 30 October 2006, the union organized an anti-corruption demonstration targeting Mr Syjuco in the lobby of TESDA’s central building; a TESDA memorandum to several of the demonstration’s participants was issued on the same day that requested the recipients to explain, within a three-day period, why administrative charges for grave misconduct should not be filed against them.
4. 1215. With respect to the above allegations, the Committee recalls that freedom of opinion and expression constitutes one of the basic civil liberties essential for the normal expression of trade union rights. While recalling that trade unions must conform to the general provisions applicable to all public meetings and must respect the reasonable limits which may be fixed by the authorities to avoid disturbances in public places [see Digest, op. cit., para. 144]. The Committee also wishes to emphasize that the right to organize public meetings constitutes an essential element of freedom of association. The Committee accordingly requests the Government to transmit a copy of Memorandum Circular No. 6, series of 1987 regulating the right of government officials to engage in strikes and mass actions, so that it may assess the said regulation’s compliance with the above-cited principles.
5. 1216. As regards allegations concerning the transfer of union members Annie Geron, Mitzi Barreda, Rafael Saus, Luz Galang and Conrado Maraaan Jr, the Committee observes that the information provided by the complainant and the Government establishes the following:
   • – On 16 October 2006, TESDA Director-General Syjuco issued orders transferring Annie Geron, Mitzi Barreda and Rafael Saus from the TESDA main office in Taguig, Manila, to different provincial offices.
   • – In a letter of 23 October 2006, the concerned parties informed their respective regional directors that they would not report to their new places of assignment as the TESDA transfer orders were not issued in the interest of the service but were meant to harass, intimidate, coerce and discriminate against them.
   • – On 26 October 2006, Syjuco issued separate memoranda directing Geron, Barreda and Saus to explain in writing within 72 hours why they should not be charged with gross insubordination for not reporting to their new places of assignment. On the same day Syjuco also issued an order transferring Conrado Maraan Jr from the TESDA main office in Taguig, Manila, to the Abra provincial office.
   • – In a letter of 30 October 2006, Geron, Barreda, and Saus replied that the reassignment orders were unlawful, issued whimsically and capriciously and not in the interest of the service. They further avowed that their reassignment was a form of retaliation for having spoken out against Syjuco’s alleged abuses and their filing of corruption charges against the latter.
   • – On 31 October 2006, the names of Geron, Barreda and Saus were removed from the TESDA - Central Office payroll.
   • – On 6 November 2006 a formal charge for gross insubordination was issued against Geron, Barreda and Saus.
   • – In a memorandum dated 10 November 2006, Syjuco placed Geron, Barreda and Saus under preventive suspension for 90 days.
   • – On 17 November 2006, Syjuco issued an order transferring Luz Galang from the TESDA Training Center, Taguig Campus Enterprise to the Pasay-Makati District Office, TESDA-NCR.
   • – On 29 November 2006, Syjuco lifted the preventive suspension order but directed Geron, Barreda and Saus to report to their places of assignment indicated in the previous TESDA orders. On 12 February 2007, a memorandum was issued dropping Barreda from the rolls for failure to report for work since 25 October 2006. In memoranda dated 27 February and 5 March 2007, respectively, Geron and Saus were likewise dropped from the rolls for failure to report to work.
   • – On 13 March 2007, Geron, Barreda, and Saus submitted a joint appeal before the Civil Service Commission challenging their reassignment orders; their appeal was consolidated with Galang and Maraan Jr’s appeal against their reassignment orders on 21 March 2007.
   • – On 5 December 2006, Ms Galang assumed her duties at the Pasay-Makati District Office.
   • – Mr Maraan Jr, started reporting to his place of reassignment as of 12 February 2007.
6. 1217. In addition to the above information, the Committee notes the Government’s indications that the reassignment of Geron and Barreda would not cause either of them any undue hardship, and that the fact that Galang and Maraan Jr – who had both initially appealed their reassignment orders – eventually assumed their duties in their places of reassignment proves the validity of the transfer orders. The Committee observes, nevertheless, that the Government does not provide any explanation for the union members’ transfers. It notes moreover, that the Civil Service Commission in its resolution No. 071697 of 28 August 2007 found the transfers of the five union members, issued one month after the union had filed administrative complaints against Director-General Syjuco for alleged graft and corruption, to be invalid. The Civil Service Commission also stated that the circumstances surrounding the transfers would even indicate that there was an attempt on Syjuco’s part to bust the union. From the information at its disposal, the Committee can only conclude that the transfers of the five above-named individuals were related to their membership in SAMAKA–TESDA. In this regard, the Committee recalls that no person shall be prejudiced in employment by reason of trade union membership or legitimate trade union activities, whether past or present, and that protection against anti-union discrimination should cover not only hiring and dismissal, but also any discriminatory measures during employment, in particular transfers, downgrading and other acts that are prejudicial to the worker. The compensation for acts of discrimination, moreover, should be adequate, taking into account both the damage incurred and the need to prevent the repetition of such situations in the future [see Digest, op. cit., paras 770, 781 and 844]. In these circumstances, the Committee requests the Government to confirm that the transfer orders of Annie Geron, Mitzi Barreda and Rafael Saus have been effectively annulled and that they have been reinstated in their previous posts, in line with the decision of the Civil Service Commission, and ensure that they are fully compensated for both the 90-day period of suspension and the period during which they were dropped from the TESDA payroll, as well as any other damages incurred as a result of the invalidated transfer. With regard to Luz Galang and Conrado Maraan Jr, the Committee requests the Government to repeal their transfer orders and reinstate them in their previous posts, if they so wish, and to compensate them for any wages lost in relation to the transfer. The Committee requests the Government to keep it informed of developments in this regard.
7. 1218. The Committee notes that, according to the complainant, a collective agreement incentive in the amount of 10,000 pesos was denied to several union members for having participated in mass actions protesting the alleged corruption and graft within TESDA and thus failing to maintain “a harmonious relationship”. The Committee recalls that protection against acts of anti-union discrimination should cover not only hiring and dismissal, but also any discriminatory measures during employment in particular transfers, downgrading and other acts that are prejudicial to the workers. It therefore requests the Government to institute an independent inquiry without delay in respect of these allegations and if it is found that union members were denied the 10,000 peso incentive because of their trade union membership or activities, to ensure that they are fully paid the same incentive bonuses as the other workers. It requests the Government to keep it informed of the outcome of the inquiry.
8. 1219. The Committee takes note of the criminal charges brought by Mr Syjuco against Annie Geron, for gross violation of Republic Act No. 3019 and in relation to statements critical of Syjuco’s leadership of TESDA that Geron had made to the press. In this regard the Committee, recalling that the right to express opinions through the press or otherwise is an essential aspect of trade union rights [see Digest, op. cit., para. 155], requests the Government to keep it informed of developments regarding the libel action and to transmit a copy of the Court’s judgement as soon as it is handed down.
9. 1220. The Committee takes note of the complainant’s allegation that on 7 December 2007 the contract of Ramon Geron, director of the TESDA Quezon office and the husband of Annie Geron, was not renewed, thus ending his career of 30 years in public service. The complainants add that Mr Geron has yet to be reinstated in spite of a 9 January 2007 letter of the Civil Service Commission indicating that his appointment was permanent. The Committee further notes that according to the Government, as Mr Geron lacked the appropriate eligibility in the Civil Service Commission qualification standards he did not have security of tenure and was not entitled to back wages or salaries. According to the Government, in view of Geron’s lack of qualifications Mr Syjuco decided not to renew his appointment, effective 1 December 2006. In light of the information available to it in this case and the above conclusions, the Committee is concerned that the termination of Mr Geron, may be related to the trade union activities of his wife. The Committee therefore requests the Government to institute an independent inquiry without delay into these allegations and to ensure that Mr Geron is reinstated in his post with full compensation for lost wages and benefits if it is found that he was dismissed unfairly. It requests the Government to keep it informed of the outcome of the inquiry.

The Committee's recommendations

1. 1221. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that the right to organize public meetings constitutes an essential element of freedom of association, the Committee requests the Government to transmit a copy of Memorandum Circular No. 6, series of 1987 regulating the right of government officials to engage in strikes and mass actions.
   • (b) The Committee requests the Government to confirm that the transfer orders of Annie Geron, Mitzi Barreda and Rafael Saus have been effectively annulled and that they have been reinstated in their previous posts, in line with the decision of the Civil Service Commission, and to ensure that they are fully compensated for both the 90-day period of suspension and the period during which they were dropped from the TESDA payroll, as well as any other damages incurred as a result of the invalidated transfers. With regard to Luz Galang and Conrado Maraan Jr, the Committee requests the Government to repeal their transfer orders and reinstate them in their previous posts, if they so wish, and compensate them for any wages lost in relation to the transfer. The Committee requests the Government to keep it informed of developments in this regard.
   • (c) The Committee requests the Government to institute an independent inquiry without delay in respect of the allegations relating to the non-payment of the 10,000 peso incentive to several union members and, if it is found that they were denied the incentive because of their trade union membership or activities, to ensure that they are fully paid the same incentive bonus as other workers. It requests the Government to keep it informed of the outcome of the inquiry.
   • (d) The Committee requests the Government to keep it informed of developments regarding the libel action initiated by Mr Syjuco against Ms Annie Geron for statements made to the press, and to transmit a copy of the Court’s judgement as soon as it is handed down.
   • (e) The Committee requests the Government to institute an independent inquiry without delay into the matter of the dismissal of Ramon Geron and, if it has been found that he was dismissed unfairly, to ensure that he is reinstated in his post with full compensation for lost wages and benefits. It requests the Government to keep it informed of the outcome of the inquiry.