Friday 9 October 2009

FORCE MAJEURE


"Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party." – wikipedia (internet)


3PM, September 28, 2009 – A caucus of Managers assembled for a special urgent meeting at the Executive Conference hall calling upon motions to save AG&P Managers and staff trapped in loops of devastations surplus by Typhoon ONDOY recently. Nearly 50 AG&P families and their houses were submerged under 25 feet of muddy streams in the National Capital Region.

Among some were Rosulo Carag in Brooksides, Quezon City, Edmund Ray Padrid of Cainta, Rizal and Godofredo R. Mabujos of Sta. Lucia Pasig, all from extreme locations of Metro Manila, as everyone suffered the same dreadful fate.

"Darkness shrouded the areas were we tried to salvage our AG&P employees. We tried braving the flooded highways of Rizal to deliver food, water, relief goods and medicines but to no avail, they were unreachable!"
Eduardo Villena recounts as he narrated how he exhausted AG&P resources 24 hours to bring help to AG&P managers, staff and BHFY cooperative members.

After 5PM, September 28, 2009 – Eduardo Villena, Special Services and Support Department Manager, was appointed by AG&P Management to lead the task force 'Force Majeure' of AG&P with the objective of delivering goods, foods, clothing and medicines directly to those affected by typhoon ONDOY. Villena called upon 12 of his best people to prepare and purchase items necessary to help the upsets. 10,000 liters of mineral water were prepared, medicines were packed and clothes were solicited. Before 7 'oclock the next morning Ed Villena convoyed two teams to NCR. Team 1 went North and team 2, East.

In Bagong Silang, brooksides, Quezon City alone 79 died and 7000 families lost their houses under river-like mire. Typhoon Ondoy ruined and transformed the once peaceful 'Gawad-Kalinga' relocation site into a huge sludge district, no neighborhood, no school, nothing seen but colored roof tops on three (3) feet ground.

The highland basketball court served as Bagong Silang's refugee camp. It sheltered 5000 families and rescued the most find they can in the 4 days slow pouring voluminous rains.

Rosulo "Orly" Carag narrates his ordeal as "A nightmare". According to Orly, they walked 32 kilometers for 12 hours from Bicutan to Quezon City because floods and traffic barricaded the roads to Bagong Silang. In every toll he saw people swimming and slowly crossing rivers in the middle of the EDSA highways. He could not even recall how beautiful this freeway was because all he saw were chaos. Cries, screams and holler of grieving men, women and child from left to right and below the skyways were heard from all over. Orly could not care more on thoughts that his family needed him more than anybody else. Everyone is trying to rescue everyone, everywhere. Who rescues who, death crosses the path between them.

75 coffins lie amidst the Bagong Silang basketball court after the rains. Grieving families could not eat even while relief goods and medicines were being distributed by foundations and good hearted volunteers in front of them.

There was no room for sympathy, everyone has someone and something to lament upon.

According to Mr. Villena, most affected among AG&P employees were Mr. Godofredo R. Magbujos in Pasig and Ray Padrid in Cainta, not to mention the BHFY Cooperative Staff living in Payatas. Rizal. Team 1 tried to cross Rizal to reach Mr. Padrid.

Phones and landlines were down and there was no way to talk with the Manager during day time. The team had to wait until dawn to communicate with Padrid so learned that food, medicines and clothes were most needed by his family. Although the next dry area was just 2 kilometers from his house, Manager Padrid feared risking his life to buy things and food he really needs. Raft and boats were AG&P's only methods to relay the relief to Padrid.

On the other hand, Manager Magbujos was in nomads' land. Team 2 surrendered the quest but left a message that another team will be heading his area to assist the manager in his dilemma. Thousand of liters of Mineral water were left by AG&P to Mayor Echeveri in Caloocan for distribution to other needy constituents.

The Prayer

"Wala pong kaming nai-save, walang wala! Lubog kami sa putik at pati bahay namin ay natakloban na ng tubig! Puno ng putik ang katawan ko, walang tubig at walang pag-kain, kawawa naman ang mga anak namin!" Cries heard over the company phone of Mr. Ben S. Aclan, Marketing and Information Officer as he tries to call members of the BHFY cooperatives living inside the PAYATAS area, squatters' lane in Quezon City.

The AG&P Company of Manila Foundation Inc, in cooperation with AG&P and BHFY Cooperative conducted a solicitation drive to support efforts of Ed Villena in delivering help, evacuating and searching for AG&P families in NCR. Hundreds of relief clothes were delivered to the second floor office of Executive Director Renato M. Alarcon. Donation con-session drums over poured with new and old clothes, towels, pants, baby dresses, under wears, lingerie's and personal effects. The clothes came from department employees who personally carried the items into the yard for donation.

Cash and gifts were also accounted for by AG&PFI and the Personnel Department. An approximated P92,000.00 were solicited yard wide to support the stricken employees.

One of the successfully evacuated employees was Orly Carag who returned to Batangas September 29, 2009 after receiving assistance from AG&P. He said that his gratefulness to AG&P can not be repaid. Carag also recounted how his faith was tested when he saw his fellow poor receiving help from AG&P and other institutions while they were all in complete despair over their unfeigned situation. "Hindi sapat ang buong araw sa pagtulong! All we can do is sit back and wait for sun rises every time the sun sets. Mabaho ang paligid, amoy PATAY. amoy nabubulok na sugat! Amoy putik kahit saan ka pumunta kahit magtago ka pa! Amoy ito sa katawan at sa damit ko!" Mr. Carag exclaims.

He said that he was also grateful to the people who donated goods, medicines and clothes for them. Among others, they need labor assistance in cleaning the houses. If people will join forces in cleaning each others houses this will definitely ease the burdens families have against the catastrophic effect of Ondoy.

The operations to save more lives, especially the families of AG&P, are becoming a 'mission' to each employee. Donations are coming in and calls on their intentions to serve as volunteers were increasing as days pass by.

Let us pray for those who have suffered enough that the good Lord bless, save and protect them against plagues and infirmities, that they surpass these trials and start a new life under Gods graces.