Labor and Employment Secretary Silvestre H. Bello III has been quoted by several news organizations as stating that PLDT failed to elevate to the Court of Appeals (CA) the order of the Department of Labor and Employment (DOLE) requiring PLDT to regularize over 7,300 service contract personnel. As a result, the DOLE order became “final and executory,” he said.

The facts are:

• PLDT has indeed gone to the CA to question the legality and validity of the DOLE’s order, saying certain aspects of this order are inconsistent with applicable law, jurisprudence and the documentary and testimonial evidence.  PLDT filed its Petition for Certiorari on 2 May 2018, shortly after it received the DOLE order on 30 April 2018.   In addition, 23 of the 38 service contractors covered by the DOLE orders have also filed similar petitions with the CA.
   
• All these petitions were submitted within the 60-day period allowed for the filing of a petition for certiorari from an order issued by the Labor Secretary. As result, contrary to the statements of the Labor Secretary, neither PLDT nor its service contractors have  lost their “window of opportunity” to raise their case to the CA.
   
• Moreover, the Office of Solicitor General has in fact filed a comment with the CA on behalf of the DOLE opposing PLDT’s application for a temporary restraining order.

Some news reports quoted Secretary Bello as saying that PLDT’s termination of its service contracts, done allegedly to circumvent the DOLE, should have no effect on the workers who should be regularized by PLDT.
 
The facts are:

• As we stated yesterday, PLDT did not terminate these service contracts.
   
• The DOLE order and its recently issued Writ of Execution categorically order 38 of PLDT’s service contracts to “CEASE AND DESIST from further engaging in contracting and sub-contracting activities.”  DOLE regional directors were also directed to “initiate the appropriate CANCELLATION PROCEEDINGS against erring contractors.”   These actions, if pursued by DOLE, would effectively shut down these companies, and displace not only the workers deployed to PLDT but also thousands of other workers assigned to other principals.
   
• While PLDT awaits judicial relief from the CA, PLDT is carrying out an orderly and effective intake process in response to the DOLE order.  This process involves the proper identification of individuals named in the DOLE order and establishing their respective qualifications and fitness for work.

PLDT will continue to exert its best efforts in good faith to resolve these issues, bearing in mind the welfare of the affected workers and PLDT's own employees, its commitments to trade partners like its 38 service contractors, and its duty to deliver quality services to its customers.