Softdrink exec files indirect contempt case vs superiors
Iloilo -- The former plant sales manager of Cosmos Visayas Bottlers, Inc. or Cosmos based in Zarraga, Iloilo has filed a petition for indirect contempt against the firm's corporate officers and members of the board of directors for allegedly defying and disobeying the final decisions of the National Labor Relations Commission (NLRC), Court of Appeals, Supreme Court, and the writ of execution to reinstate the manager.
In his prefatory statement filed before the Department of Labor sub-regional arbitration branch No.VI, Ray G. Rico claimed Cosmos board of directors Roberto N. Huang, Ferdinand K. Constantino, Hector P. Guballa, Virgilio S. De Guzman, Eleanor P. Blomdhal; corporate officers Alexandra Victoria G. Bengson, Irene M. Cipriano, Reginault M. Santos, Nerissa Gool, Carina Reyes Edgardo Carasig, Acelia Q. Villena, and Ermel Ebron "have shown their contempt and disrespect to the judicial authorities."
Rico, 49, said the respondents "have resorted to all illegal and furtive means to harass, discriminate, oppress and inconvenience" him instead of honoring the decision of the NLRC, Court of Appeal and Supreme Court.
On August 17, 2000, Rico filed a complaint against Cosmos with the NLRC sub-arbitration branch in Iloilo City for illegal suspension, illegal dismissal, non-payment of commissions, and damages.
The NLRC fourth Division affirmed the decision of NLRC executive labor arbiter Danilo Acosta in a decision dated February 27, 2005 ordering Rico's reinstatement "with full back wages, inclusive of allowances, and to his other benefits from the time his compensation was withheld from him up to the time of his reinstatement."
The NLRC decision was upheld by the Court of Appeals which awarded Rico with moral and exemplary damages on April 6, 2005.
The Court of Appeals decision virtually nullified the order of Cosmos' former national sales director Ariel Flores who ordered Rico's transfer to Manila in a letter dated June 19, 2003.
Rico's counsel, his brother Rex Rico, cited that the Supreme Court had ruled that "any transfer is unreasonable and would result in inconvenience and prejudice to the employees, or would result in demotion in rank and diminution of salaries and other privileges, it amounts to constructive dismissal."
The transfer was also "impelled by improper motive and is a disguised attempt to remove or punish an employee, it is illegal," stated lawyer Rico citing the case of BPI vs. NLRC, 171 SCRA 556.
Rico is asking for a fine of P30,000 each from the respondents and imprisonment of six years plus P5 million for moral, exemplary temperate and nominal damages.