REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT MAKATI CITY PATRICIA HALAGUEA, MA.

ANGELITA L. PULIDO, MA. TERESITA P. SANTIAGO, MARIANNE V. KATINDIG, BERNADETTE A. CABALQUINTO, LORNA B. TUGAS, MARY CHRISTINE A. VILLARETE, CYNTHIA A. STEHMEIER, ROSE ANNA G. VICTA, NOEMI R. CRESENCIO and other female flight attendants of PHILIPPINE AIRLINES, Plaintiffs, - versus Civil Ca ! N".# $$$$$$$ For Declaratory Relief with Prayer for Issuance of Temporary Restraining Order Writ of Preliminary Injunction PHILIPPINE AIRLINES, Defendant !-----------------------------------------!

and

COMPLAINT
Plaintiffs" #y counsel" to this $onora#le %ourt most respectfully state&

NATURE OF ACTION This is a special civil action for Declaratory Relief under Rule '( of the Rules of %ourt

I. THE PARTIES

Individual Plaintiffs ) Plaintiff PATRICIA HALAGUEA is a Filipino" of legal

age" a resident of *o +,- .an /artolome .treet" 0yala 0la#ang 1illage" 2untinlupa %ity , Plaintiff MA. ANGELITA L. PULIDO is a Filipino" of

legal age" a resident of *o ( .t 3ames 0venue" 4ope5 1illage" Parana6ue %ity ( Plaintiff MA. TERESITA P. SANTIAGO is a Filipino" of

legal age" a resident of *o '7 8eneva .treet" /F $omes" Parana6ue %ity + Plaintiff MARIANNE V. KATINDIG is a Filipino" of

legal age" a resident of *o +( 3asmin .treet" Phase (" Town and %ountry 9!ecutive 1illage" 0ntipolo %ity 7 Plaintiff BERNADETTE A. CABALQUINTO is a

Filipino" of legal age" a resident of )(: 3 ;oung corner %onrad .treets" 2oonwal< .u#division" Phase I" Parana6ue %ity ' Plaintiff LORNA B. TUGAS is a Filipino" of legal age" a

resident of *o )(+ /atangas West" 0yala 0la#ang 1illage" 2untinlupa %ity = Plaintiff MARY CHRISTINE A. VILLARETE is a

Filipino" of legal age" a resident of *o 7: *icanor Ramire5 .treet" >ue5on %ity : Plaintiff CYNTHIA A. STEHMEIER is a Filipino" of legal

age" a resident of *o (,= 0po .treet" 0yala 0la#ang 1illage" 2untinlupa %ity

( ? Plaintiff ROSE ANNA G. VICTA is a Filipino" of legal

age" a resident of *o = 0dmiral Ty Town $oumes" .outh 0dmiral 1illage" Parana6ue )Pa5" Pasig )) Plaintiffs may #e served orders" notices and processes Plaintiff NOEMI R. CRESENCIO is a Filipino" of legal

age" a resident of *o ), / 9dward .treet" %hristine 1illage" De la

through undersigned counsels Plaintiffs as Class ), Plaintiffs sue in their individual capacities and as a

class The class consists of all currently employed female flight attendants hired #y defendant PHILIPPINE AIRLINES @hereafter" APhilippine 0irlinesBC #efore ,, *ovem#er )??' 0s will #e shown" the date ,, *ovem#er )??' is material #ecause Philippine 0irlinesD discriminatory policy on retirement as provided for in the assailed %ollective /argaining 0greement" applies to all female flight attendants hired #efore ,, *ovem#er )??' )( The su#ject matter of this complaint is of common and

general interest to the mem#ers of the class The persons affected" #elonging to the same class" are so numerous" num#ering around si! hundred @'--C in all" that it is impractica#le to join all as parties )+ The individual plaintiffs" all women" are sufficiently

numerous and representative of the class they represent Defendant )7 Philippine 0irlines is a corporation organi5ed and

e!isting under Philippine law with principal office at P04 %enter (

+ /uilding" 4egaspi .treet" 4egaspi 1illage" 2a<ati %ity where it may #e served summons and processes

II. THE FACTS )' Philippine 0irlines is in the #usiness of air

transportation Philippine 0irlines is 0siaDs first airline" having ta<en to the s<ies as early as )?+) With a huge aircraft fleet and a route networ< that spans thirty @(-C foreign cities and twentyone @,)C domestic points" Philippine 0irlines is one of the #iggest and most prominent corporations in the Philippines and the .outh 9ast 0sian region )= Plaintiffs are employed #y Philippine 0irlines as flight

attendants Plaintiffs entered Philippine 0irlinesD employ on different dates #efore ,, *ovem#er )??' ): Plaintiffs are bona fide mem#ers of the FLIGHT

ATTENDANTS AND STE%ARDS ASSOCIATION OF THE PHILIPPINES @hereafter" AF0.0PBC" a la#or organi5ation certified as the sole and e!clusive #argaining representative of the flight attendants" flight stewards and pursers @hereafter" Aca#in attendantsBC of Philippine 0irlines )? On )) 3uly ,--)" Philippine 0irlines and F0.0P entered

into a written %ollective /argaining 0greement for the years ,--to ,--7 @hereafter" AP04-F0.0P ,----,--7 %/0BC that provides" among others&
xxx Section 114. Retirement Benefits

7
A. For the Cabin Attendants hired before 22 o!ember 1""#$ 1. %arl& Retirement

An& Cabin Attendant 'ho has com(leted at least t'o )2* &ears of contin+o+s ser!ice ma& o(t to retire and 'hen so retired, he shall be entitled to one and one,half )1 -* months. salar& for e!er& &ear of com(leted ser!ice as retirement (a&. 2. /(tional Retirement

An& Cabin Attendant ma& retire at his o(tion +(on reachin0 a0e fift& )12* for females or a0e fift&,fi!e )11* for males and 'hen so retired, the Cabin Attendant shall be entitled as retirement (a& e3+i!alent to$ a. /ne and one,half )1 -* month.s basic salar& for e!er& &ear of com(leted ser!ice based on their basic monthl& salaries +(on reachin0 the a0e fift& )12* for females or fift&,fi!e )11* for males4 b. Pl+s one,half )152* month.s basic salar& for e!er& &ear of com(leted ser!ice based on their final monthl& basic salar& for the &ear of ser!ice rendered after reachin0 the a0e of fift& )12* for females or a0e fift&,fi!e )11* for males. 6xx 7. Com(+lsor& Retirement

S+b8ect to the 0roomin0 standards (ro!isions of this A0reement, compulsory retirement shall be fifty-five (55) for females and sixty (60) for males. Retirement (a& for com(+lsor& retirement shall be$ a. /ne and one,half )1 -* month.s basic salar& for e!er& &ear of ser!ice based on their basic salar& +(on reachin0 the a0e of fift& )12* for females or fift&,fi!e )11* for males. b. Pl+s one,half )152* month.s basic salar& for e!er& &ear of ser!ice based on their final monthl& basic salar& for the &ear of ser!ices rendered after reachin0 the a0e of fift& )12* for females or fift&,fi!e )11* for males. 6xx9 @page '?" P04-F0.0P ,----,--7 %/0C

@9mphasis suppliedC ,In an apparent attempt to rectify its discriminatory

retirement policy" Philippine 0irlines provided for and enforced uniform compulsory retirement ages" regardless of se!" for all 7

' ca#in attendants hired at different periods after ,, *ovem#er )??' 0 copy of the P04-F0.0P ,----,--7 %/0 is attached as 0nne! A0B ,) Plaintiffs have an indisputa#le su#stantive interest in

the P04-F0.0P ,----,--7 %/0 The terms of their employment are governed #y it" including the terms and conditions of their compulsory retirement at age fifty-five @77C ,, Philippine 0irlines has #een enforcing and" unless

restrained" will continue to enforce .ection ))+" Part 0 of the P04F0.0P ,----,--7 %/0 to the great prejudice of Plaintiffs ,( Plaintiffs" e!hausting all availa#le administrative

remedies" have on numerous occasions demanded from Philippine 0irlines the removal" a#olition or annulment of the discriminatory provisions of .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0 Philippine 0irlines" however" remains #oth unreceptive and intransigent III. CAUSE OF ACTION ,+ Plaintiffs have the constitutional right to fundamental

e6uality with men under .ection )+" 0rticle II" )?:= of the %onstitution and" within the specific conte!t of this case" with the male ca#in attendants of Philippine 0irlines ,' Plaintiffs have the statutory right to e6ual wor< and

employment opportunities with men under 0rticle (" Presidential Decree *o ++," The 4a#or %ode and" within the specific conte!t of this case" with the male ca#in attendants of Philippine 0irlines ,= It is unlawful" even criminal" for an employer to

discriminate against women employees with respect to terms and '

= conditions of employment solely on account of their se! under 0rticle )(7 of the 4a#or %ode as amended #y Repu#lic 0ct *o '=,7 or the 0ct .trengthening Prohi#ition on Discrimination 0gainst Women ,: This discrimination against Plaintiffs is li<ewise against

the %onvention on the 9limination of 0ll Forms of Discrimination 0gainst Women @hereafter" A%9D0WBC" a multilateral convention that the Philippines ratified in )?:) The 8overnment and its agents" including our courts" not only must condemn all forms of discrimination against women" #ut must also implement measures towards its elimination ,? This case is a matter of pu#lic interest not only

#ecause of Philippine 0irlinesD violation of the %onstitution and e!isting laws" #ut also #ecause it highlights the fact that twentythree @,(C years after the Philippine .enate ratifed the %9D0W" discrimination against women continues The %9D0W descri#es the effects of discriminatory practices&
discriminator& (ractices im(ede the (artici(ation of 'omen in all as(ects of life of their co+ntries on an e3+al basis 'ith men, 'hich ham(ers the increased (ros(erit& of their societ& and families.9

(-

Philippine 0irlines paid mere lip service to the

constitutional and statutory rights of women wor<ers when it hollowly declared a policy on non-discrimination against any employee #y reason of se! under 0rticle III" .ection =" Part % of the P04-F0.0P ,----,--7 %/0 () .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0

on compulsory retirement from service is invidiously discriminatory against and manifestly prejudicial to Plaintiffs #ecause" on the sole and e!clusive #asis of se!" they are

: compelled to retire at a lower age @fifty-five @77CC relative to their male counterparts @si!ty @'-CC (, Philippine 0irlines effectively admitted the

discriminatory nature of its policy on compulsory retirement" and thus estopped itself" when it provided for uniform compulsory retirement ages for ca#in attendants hired at different periods after ,, *ovem#er )??' (( There is no reasona#le" much less lawful" #asis for

Philippine 0irlines to distinguish" differentiate or classify ca#in attendants on the #asis of se! and there#y ar#itrarily set a lower compulsory retirement age for Plaintiffs for the sole reason that they are women (+ Philippine 0irlineDs discriminatory policy on compulsory

retirement is implicitly #ased on the demeaning assumption that female ca#in attendants are physically less attractive in their later years relative to male ca#in attendants This #etrays Philipppine 0irlinesD misplaced priorities and assignment of predominant weight to aesthetics rather than the essential and su#stantial functions of a ca#in attendant as in-flight service and safety officer (7 .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0

on compulsory retirement from service is manifestly prejudicial to Plaintiffs #ecause they are deprived of five @7C more years of productive and gainful employment (' Furthermore" the Plaintiffs are prejudiced in that the

lower retirement age directly results in lower retirement pay since the #asis of the latterDs computation under the P04-F0.0P ,----,--7 %/0 is the #asic monthly salary at the optional retirement age of fifty @7-C for female and fifty-five @77C for male ca#in attendants :

(=

For #eing patently unconstitutional and unlawful"

.ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0 must #e declared invalid and stric<en down to the e!tent that it discriminates against Plaintiffs (: 0ccordingly" consistent with the constitutional and

statutory guarantee of e6uality #etween men and women" Plaintiffs should #e adjudged and declared entitled" li<e their male counterparts" to wor< until si!ty @'-C IV. ALLEGATIONS IN SUPPORT OF THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER AND THE %RIT OF PRELIMINARY INJUNCTION (? Plaintiffs are entitled to fundamental e6uality with

their male counterpartsE to e6uality in wor< and employment opportunities" in terms and conditions of wor< Plaintiffs are thus clearly entitled" #efore the %onstitution and the law" to the urgent relief they see< +The whole or part of such relief consists in restraining

the commission of the act complained of" that is" the continued enforcement #y Philippine 0irlines of .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0 +) The continued enforcement of .ection ))+" Part 0 of

the P04-F0.0P ,----,--7 %/0 during the pendency of these proceedings will #e a great injustice and will cause grave" irrepara#le injury +, The situation is most urgent for Plaintiff BERNADETTE

A. CABALQUINTO @hereafter" A%a#al6uintoBC who will turn fifty?

)five @77C years of age on ,( 0ugust ,--+ Philippine 0irlines has already served written notice upon %a#al6uinto of the intention to compel her to retire on ,( 0ugust ,--+ 0 copy of Philippine 0irlinesD letter to %a#al6uinto is attached as 0nne! A/B The other Plaintiffs will also #e compelled to retire soon +( The injury that stands to #e inflicted upon Plaintiffs is

more than economic in nature Far more Indeed" no amount of pecuniary consideration can conceiva#ly compensate for the ignominy" the trauma" and the deep sense of violation and injustice that result from #eing su#jected to invidious se!ual and gender discrimination ++ /y #eing forced to retire earlier than their male

counterparts" Plaintiffs are furthermore deprived of the pride of wor<" of that sense of purpose and worth derived from gainful occupation" of the chance to ma<e productive use of their late years" and their right to wor< free from discriminatory practices For these" money offers no recompense +7 On the other hand" Philippine 0irlines does not stand

to suffer damage from #eing enjoined from enforcing .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0 While the Plaintiffs remain in Philippine 0irlinesD employ #eyond the discriminatory compulsory retirement age" they continue to discharge the same valua#le in-flight service they have learned and #een accustomed to render through their long years of dedicated" loyal service +' The continued enforcement of .ection ))+" Part 0 of

the P04-F0.0P ,----,--7 %/0 is in violation of PlaintiffsD rights respecting the very su#ject of the instant action or proceedings and tends indu#ita#ly to render the ultimate judgment ineffectual

)-

)) += In compliance with the re6uirement of the Rules of

%ourt for the issuance of the Writ of Preliminary Injunction and Temporary Restraining Order" Plaintiffs shall put up a #ond in an amount that the $onora#le %ourt may fi!" to the effect that the Plaintiffs will pay all damages which Philippine 0irlines may sustain #y reason of such issuance should it #e finally decided that Plaintiffs were not entitled thereto PRAYER %HEREFORE" it is most respectfully prayed that the $onora#le %ourt& a issue a Temporary Restraining Order against Philippine

0irlines for the preservation of the stat+s 3+o" enjoining them from enforcing .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/04 # after notice and hearing" issue the Writ of Preliminary

Injunction enjoining Philippine 0irlines from enforcing .ection ))+" Part 0 of the P04-F0.0P ,----,--7 %/0 during the pendency of these proceedingsE and" c after trial on the merits& @iC declare .ection ))+" Part 0 of the P04-

F0.0P ,----,--7 %/0 INVALID" NULL and VOID to the e!tent that it discriminates against PlaintiffsE and" @iiC declare Plaintiffs entitled to wor< until si!ty

@'-C years of age Other just and e6uita#le reliefs are li<ewise prayed for Pasig %ity for 2a<ati" ,= 3uly ,--+

))

), ROCO KAPUNAN MIGALLOS PERE& ' LUNA Co+nsel for Plaintiffs )'th Floor" .trata ,-- /uilding" 9merald 0venue Pasig %ity" 2etro 2anila P O /o! ),?=+-/" Ortigas %enter /y&

LORNA PATAJO(KAPUNAN PTR *o -+)=7,+E Pasig %ityE )F-:F-+ I/P O R *o (+))')E -)F):F?( 0ttorneyDs Roll *o. ,?',' %i)* C"(C"+, !l #

RO%ENA V. GUAN&ON I/P *o '-?)?+ G ),F)=F-( - /acolod PTR *o -)(,)+( G )F=F-+ - %adi5 Roll of 0ttorney *o ((7(+ A,-

LESTER ALVARADO FLORES PTR *o -,?'+,7" 2andaluyong %ity" -)F),F-+ I/P 4ifetime 2em#er" Roll *o -,=?= 0ttorneyDs Roll *o ++-7:

),