Court Throws Out Lafeber’s Appeal
For Good
When it rains, it pours. That is
probably what’s running on the thoughts of Dutch national Ronald Lafeber,
managing director of C-Link Pte. Ltd. Singapore these days following a
series of legal setbacks that he got from the courts with his string of
cases.
In addition to losing a libel case
he filed against UFS President Nelson Ramirez through a decision of a Manila
Regional Trial Court promulgated on April 5, 2006 and published in the
July-August 2006 issue of Tinig ng Marino, Lafeber practically got whipped
hard financially with a recent decision of the Court of Appeals on February
13, 2006 affirming that his company is obligated to pay unremitted manning
fees to Crewlink, Inc.
What’s more, the Department of Justice
has already issued a memorandum to the Bureau of Immigration dated September
1, 2006 officially putting Ronald Lafeber on the BID’s watchlist.
In 1998, Ma. Luz A. Alicer, President
of Crewlink, Inc. filed a case against Lafeber with the Manila Regional
Trial Court Branch 35 for the failure of Lafeber’s C-Link to remit to Crewlink
manning fees amounting to almost PhP 7 million for the period from January
1995 to October 1997 as provided for in their manning agreement.
The civil case was tried and dragged
on for four years. On September 16, 2002, the Manila Regional Trial Court
decided in favor of Alicer and Crewlink, thus directing Lafeber and C-Link
to pay damages including the PhP 7 million unremitted manning fees.
Confident of being able to still
get away from the financial entanglement that C-Link put itself into, Lafeber
pushed his luck further by subsequently appealing the decision of the Manila
Regional Trial Court with the Ninth Division of the Court of Appeals.
On June 27, 2005, the Court of Appeals
affirmed the decision of the Manila Regional Trial Court Branch 35.
But C-Link and Lafeber seemed hell-bent
on delaying the forthcoming so they filed a Motion for Reconsideration
on the decision of the Court of Appeals on July 19, 2005.
On October 6, 2005, the Court of
Appeals promulgated a decision denying the motion for reconsideration of
C-Link and Lafeber, citing that “it (the court) finds no cogent reason
with which to modify, much less reverse, its June 27, 2005 decision.”
About four months later or on February
10, 2006, the counsels of C-Link filed with the Court of Appeals a manifestation
and motion for entry of judgment with prayer to remand the case to the
court of origin for execution.
The Court of Appeals then issued
a resolution on February 13, 2006, stating that: “In view of the report
of the Judicial Records Division dated February 7, 2006 that no Supreme
Court petition has been filed, the decision became final and executory
on November 4, 2005. An entry of judgment is ordered issued.”
With the decision already recorded
in the Book of Entries and Judgments, it was obviously the end of the line
for Lafeber and C-Link in as far as trying to evade its long-overdue financial
obligations to Crewlink is concerned.
In addition to Lafeber’s financial
obligation mandated by the court, some 200 Filipino seafarers are also
on the lookout for him for the recovery of US$1.5 million in pension funds
that were allegedly deducted from their salaries about eight years ago
by their foreign principal, who they named as Ronald Lafeber.
On August 28, 2006, Ramirez had
the rare opportunity to cross path with Ronald Lafeber in Ermita, Manila
and the Dutch national was quoted to have said to Ramirez: “We are celebrating.
We closed our office. Thank you.”
Ramirez found no reason to argue
over mild sarcasm but deep inside, he felt a sense of fulfillment. The
recent court decisions against Lafeber are more than enough proofs of Ramirez’s
legal perspectives on the past actions of the Dutch national against a
number of Filipino seafarers.
“Overall, this is a triumph for
the Filipino seafarers. So those vultures on the industry that trample
on the rights and take advantage of the Filipino seafarers, regardless
of nationality, status or wealth, the UFS will not take your actions sitting
down. We will work until justice is served in the end,” emphatically points
out Ramirez.
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