REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
SUB-REGIONAL ARBITRATION BRANCH NO. V
CITY OF NAGA

FERNANDO V. AMOROSO
Complainant, NLRC CASE NO:
SRABV- 06-00072-17
-----versus-------

PEÑAFRANCIA TOURS & TRAVEL

TRANSPORT, INC.,
GERALDO D. ABAÑO/ JOJO AFALLA.
Respondents.
x-----------------------------------------------------x

URGENT MANIFESTATIONS WITH REITERATION OF THE MOTION TO

DISMISS

The respondents through the undersigned counsel, unto this Honorable

Office most respectfully manifest, that:

1. The Order of this Honourable Office to file the respective position

papers of both parties due on July 28, 2017 and the same was personally received
by the respondents, through its authorized representatives on July 12, 2017;

2. In which case, the position paper was filed on the scheduled date
simultaneous to that of the complainant as required by the rule. However, due to
reason that the position paper of the said complainant was not duly verified, it
was ordered to be submitted on the following day.

3. Indeed, it was personally filed and received at the principal office of

the respondents at Co Untong Building, Brgy. Concepcion Grande, Naga City
and through registered mail at respondents’ satellite office in Cubao, Quezon
City.

4. An Order was issued by this Honourable Office to file the necessary

reply of the parties’ position paper on August 14, 2017.

5. That in relation to the foregoing a recent order dated, August 17, 2017
was issued by this Honorable Office and set for hearing the submission of
parties’ reply due August 30, 2017 which order was only received by the
respondents on August 31, 2017;

6. That by way of reiteration of the Manifestations dated August 15,

2017 and which was received by the Honorable Office on August 16, 2017, a copy
of which is hereto attached as Annex 1;
 7. That upon careful perusal of the complainant’s position paper, it
shows that it’s no longer subject for reply because the same is pro forma or it failed
to comply with the requirements of the rules on the proper way of making a
position paper;

8. The complainant failed to substantiate his claim. He merely attached

all his documents without any explanation as to its specific purpose. Moreover,
the complainant did not discuss the pertinent facts, laws and jurisprudence
affecting his case. Hence, the position paper is considered a mere scrap;

9. Thus, elementary is the rule that the purpose of writing a position

paper is to explicitly identify what theme he wants to address and what position
he wants to take on it.

10. The paper should state all possible defenses in one main claim--a
"position" which consists all the pertinent facts, issues to be resolved and the
discussions relevant thereto including the supporting laws, and jurisprudence
affecting his case.

11. It is the job of the party concerned to identify the issues and its
relation to the case. One of the main points in writing a position paper is for the
party to reflect on and articulate what themes he thinks are important.

12. The format is simple and straightforward:

a) First, clearly explain the position the party wants to defend and
indicate what important theme it concerns;

b) Next, the party must clearly describe the major pieces of evidence
that support your position;

c) Papers concerning a given text must be presented on a day when the

conference is discussing that text. A written position paper is due when the
party present it in conference;

d) What matters most in a position paper is the perceptiveness of the

position, the clarity of the explanation and the evidence supporting it, and
the strength of his case.

17. Sad to say, the foregoing statements were not observed by the
complainant in logically writing his Position Paper and therefore there is no
point of filing a reply for there is nothing so to speak to reply on.

PRAYER
 WHEREFORE, Premises duly considered, it is most respectfully prayed
for, unto this Honorable Office, to issue the following order:

1. To reconsider the respondents Manifestation with Motion to Dismiss dated

August 15, 2017 which was received by the Honorable Office on August 16, 2017;

2. To dismiss the Complaint outright for it failed to comply with the proper
procedures in writing a Position Paper;

3. To consider the Position Paper filed by the respondents and grant all the
prayers prayed for therein.

General Prayers are likewise prayed for that are just and equitable under
the premises.

Respectfully Submitted.

Quezon City for Naga City, Camarines Sur, Philippines, September 2, 2017.

Atty. LORELEE MARGARET T. GRANADO

COUNSEL FOR THE RESPONDENTS
Roll of Attorneys No. 66693
PTR No. 5734835, 07-28-16, Makati
IBP No. 1041869, 09-01-16, Makati
Admitted to the Bar in 2016

EXPLANATION

Copy furnished by registered mail due to lack of manpower

TO:

Complainant Fernando V. Amoroso

ZONE 7, SAN RAFAEL, CARARAYAN, NAGA CITY, CAMARINES SUR

REGISTRY RECEIPT NUMBER ____________________________