NATIONWIDE RALLIES AGAINST THE PHILIPPINE NATIONAL BANK
BAGUIO CITY – (November 7, 2023) Pinangunahan ni Aurelio C. Cabato – Labor Union Leader ang Prayer Rally kasama ang ilang empleyado at retirees ng Philippine National Bank (PNB) sa PNB Session Road Branch kaninang alas-8 ng umaga hanggang alas dose ng tanghali.
Nakaantabay naman ang kapulisan para sa seguridad at proteksyon ng mga nagra-rally.
Ipinamigay sa mga tao na dumaraan ang manifesto nakasaad ang mga kadahilanan kung bakit sila nagsagawa ng nationwide rallies laban sa Philippine National Bank.
Narito ang mga nakasaad sa manifesto:
- DELAYING TACTICS OF PNB IN THE RESOLUTION AND PAYMENT OF THE COST LIVING ALLOWANCE (COLA) AND SPECIAL AMELIORATION ALLOWANCE (SAA)
The Regional Trial Court (RTC) of Pasay City in the case of PNB VS GOLDELIO G. RIVERA (G.R. NO. 227573, March 29, 2023) issued a decision ordering PNB to pay the back pay in the COLA and SAA equivalent to 40% and 10% respective of the Basic Salaries of all employees who were in the service from July 1, 1989, to May 26, 1996. The RTC decision in 2010 was affirmed by the Court of Appeals (CA) IN 2016 and affirmed by the Supreme Court (SC) in 2023. The SC castigated PNB for employing delays, unnecessary pleadings, and asking for several postponements.
According to the SC, PNB’s Prayer for the remand of the case to the RTC is a futile attempt by PNB to delay the payment of the back pay in the COLA and SAA.
2. ILLEGAL DEDUCTION BY PNB OF GSIS GRATUITY PAY OF PNB RETIREES FROM THEIR SEPARATION/RETIREMENT
The Supreme Court in the case of Jumelito T. Dalmacio VS. PNB (G.R. NO. 202308, June 5, 2017) Ruled that gratuity pay should not be deducted from separation pay. The Supreme Court declared that the Act of PNB of deducting gratuity pay from separation pay should not be countenanced.
3. INEQUITOUS SEPARATION/RETIREMENT PAY
PNB paid Separation/Retirement Pay based on Basic Salaries before and after PNB’s Privatization instead of the last Basic Salaries.
4. DISSOLUTION OF THE PNB EMPLOYEE’S PROVIDENT FUND (PF)
After Lucio Tan and his group (LTG) took over the ownership and management of PNB, they dissolved the PF which was being enjoyed by PNB employees for many years and being enjoyed by employees of GFIs and certain GOCCs. PNB refused to refund the employees the 45% Bank Contributions for which they have a vested right.
5. PNB CREATED SPECIAL PURPOSE VEHICLES TO GAIN CONTROL AND OWNERSHIP OF PNB.
Lucio Tan and his group formed 3 New companies which granted P3 Billion Loans to 3 Newly formed subsidiaries of PF which had only P1 Billion which was invested in shares of stock in PNB. Expectedly, LTG succeeded to the right of PF.
6. OWNERSHIP OF PNB PRIME REAL PROPERTIES WAS TRANSFERRED TO PNB HOLDINGS CORPORATION (PHC) WHICH ENABLED LTG TO BE THE CONTROLLING OR MAJORITY STOCKHOLDERS OF BOTH PNB AND PHC.
The ownership of PNB’s Prime Real Properties which included the PNB financial center and the Prime Real Properties in Ayala Avenue and Buendia Avenue in Makati was transferred to PHC, a wholly owned subsidiary of PNB under a Property-For-Share Swap Scheme. Under the Property-For-Share Swap Scheme, Lucio Tan and his group who were not stockholders of PHC became the controlling and majority stockholders of both PNB and PHC to the prejudice of PNB Minority Stockholders.
7. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) SHOULD PAY RETIREMENT BENEFITS AND PENSION BASED ON TOTAL YEARS OF GOVERNMENT SERVICE.
GSIS should comply with the decisions of the Supreme Court and the Court of Appeals in the case of Reynaldo P. Palmery VS, GSIS (G.R. NO. 217949, February 20, 2019) that the retirement benefits of government employees including former PNB Employees who reentered government service should be based on total years of government service. The Court of Appeals reversed and set aside the decision of the GSIS Board of Trustees that “Government Employees who Reentered Government Service on or after the effectivity of R.A. No. 8291 cannot claim their previous years of service upon retirement”.
The Supreme Court affirmed the decision of the Court of Appeals which denied GSIS’s motion for reconsideration for lack of Merit.
8. PROPOSED LEGISLATION GRANTING LIFETIME PENSION TO FORMER PNB EMPLOYEES WHO WERE FORCED TO RECEIVE GRATUITY PAY ARISING FROM PNB’s PRIVATIZATION.
Instead of a one-time Gratuity for their 20 years of government service, PNB employees who received gratuity pay arising from PNB’s Privatization should be granted lifetime pensions just like government employees who are receiving a monthly pension after rendering at least 15 years of government service under R.A. NO. 8291. ### Photo by: Mario Oclaman //FNS