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RD Tuna Pursing Criminal Case VS Mutineers ff

25 October 2004 Philippines

The criminal charges slapped late last month to 12 mutineers, who in August allegedly headed the seizure of some 15 fishing vessels of the RD Group of Companies (RDGC) in Papua New Guinea, will be pursued vigorously by the management, company officials stressed Thursday.

In a document titled “Synopsis on the Mutiny Case” sent by email to the Philippine newspaper MindaNews, Joseph Lozada, RDGC communications officer, said the firm is keen on pursuing the criminal charges with docket number 46570-2 against the 12 mutineers for the sake of the country's entire fishing industry.

“RD is seeking industrial peace and one way to secure this peace is to let the wheels of justice undertake what needs to be done not only for the company but also for the whole fishing and tuna industry which is contributing 4 percent of GDP [Gross Domestic Product] to the Philippine economy,” Lozada stressed.

Ten of the 12 mutiny leaders were arrested about three weeks ago at the southern port city and are now detained at the at the General Santos City Rehabilitation Center.

Close to 200 Filipino fishermen staged the mutiny from August 24 to 30 to press that they be paid by the company in accordance with International Labor Organization standards, and be paid backdated from the date of their employment.

Lozada disputed the statement issued by the Department of Foreign Affairs on September 3 that the management and the mutineers during the negotiations have agreed that no case would be filed against each other.

“RD [Group of Companies] has no agreement or promise with the 12 mutiny leaders that the company will not pursue the case,” Lozada stressed.

“The management may have forgiven them in order to protect the interest of our companies and the thousands of our workers both in the Philippines and in Papua New Guinea, but there is a law that they have to answer in relation to what they have done in Papua New Guinea,” he added.

In vowing to pursue the mutiny case, Lozada cited the Fisheries Code of the Philippines (RA 8550).

According to him, Article II Section 32 clearly states that “our fishing boats are allowed to operate in the international waters or waters of other countries and that [local] fish workers are not considered as overseas Filipino workers.

Lozada said the vessels of RD Tuna Ventures and South Sea Fishing Ventures, Inc, subsidiary companies of RDGC, seized by the mutineers are Philippine-registered ships and that its operations are governed by Philippine laws. He said the mutiny caused losses of at least $1 million to the company.

RDGC's formal statement over the mutiny issue came out several weeks after the calls from the International Transport Workers' Federation (ITF), the erstwhile official representative of the mutineers, for President Arroyo to intervene on the matter.
ITF General Secretary David Cockroft wrote Mrs. Arroyo on October 1 to intervene on the criminal charges lodged against the mutiny leaders because, according to him, the complaint accused officers of ITF affiliated unions in the Philippines and Papua New Guinea of conspiracy.

Cockroft noted he was “concerned by the way RDGC treated its employees, with the filing of the criminal case against the mutiny leaders, and how this would reflect on the image of the Philippines abroad.”

“You will no doubt be aware that the current criminal case will do little to enhance the reputation of the Philippines as a nation that protects its citizens working abroad,” he said.

Cockroft also branded RD Tuna as far from being a responsible company with a respectable record.

But Lozada refuted Cockroft, saying their “company provided the best benefits and compensation package any fishing company can provide.”

Among others, Lozada cited that the company received “several awards for being the top employer in terms of Social Security System and Philippine Health Insurance Corp. (PhilHealth) contributions and of taxes contributed to the local as well as the national economy.”

Source:  Philippine Press