Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATION COMMISSION
Regional Arbitration Branch III
Cordillera Administrative Region
Baguio City

CHERYL BALTAZAR,
Complainant,

-versus- RAB III CASE NO. 012613

For: Illegal Dismissal, Money
claims and Damages

WALTER’S GRILL BAR and RESTAURANT,

And Dolor Tandang, & Maricar Garame
Respondents.

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POSITION PAPER

COMPLAINANT by the undersigned counsel and unto this Honorable Labor Arbitration
Office, most respectfully submits this position paper and avers the following to wit:

PREPARATORY STATEMENT

The Complainant in this case is CHERYL BALTAZAR, of legal age, married, with post
office address at Pines Park, La Trinidad, Benguet, Philippines where she can be served with
summons and other legal processes of this Honorable Office.

The Respondent is WALTER’S GRILL BAR AND RESTAURANT, a business

establishment owned and managed by Reynaldo Cruz Jr., Dolor Tandang as head treasurer and
Maricar Garame as manager with business address at Km. 12, Shilan, La Trinidad, Benguet,
Philippines, where the said establishment and representative can be served with summons and
other legal processes of this Honorable Office.

STATEMENT OF FACTS

The complainant was formerly a regular employee of Walter’s Grill Bar and Restaurant,
first as a janitor, then as a waiter and finally was appointed as a cashier on July 2009.
 On July 6, 2011, Dolor Tandang, head treasurer of Walter’s Grill Bar and Restaurant
asked Baltazar if she knew of any unlawful or illegal acts being committed at Walter’s. baltazar
denied having knowledge of any such act, Tandang informed her that she is one of the persons
being suspected of wrong doing. Tandang then told her Baltazar that they suspected that her and
her co- workers of cooking the books and that she was under investigation and should not report
pending investigation.

Heeding the instructions, Baltazar then promptly left the establishment and sometime in
the afternoon of the same day she received a text message form their manager that she did not have
to come back because they no longer needed her services. She went back to the establishment and
was surprised that on the day she was let go, there was already a new cashier who already took her
place.

On July 7, 2011, Baltazar together with Ralph Alamang and Reyniel Juan, waiters and bartenders,
were summoned to the residence of the manager of Walter’s Grill Bar and Restaurant, Ms. Maricar
Garame. They had difficulty in finding Ms. Garame’s residence. She informed them that Reynado
Cruz has fired them from their respective positions and that they are not to return to the
establishment. She accused them of having participated in a scheme that cost the establishment
200,000.00 in two years and the employer had the ultimate right to protect the establishment from
bankruptcy.

Two days after the meeting Baltazar was invited by some of her college friends to eat out
in a restaurant. They invited her to Walter’s Grill Bar and Restaurant. Reluctant to go but
acknowledging social graces, Baltazar went with her friends. While seated inside the restaurant she
saw some of her previous co- workers, when she waved at them they averted her gaze and
pretended not to notice. A security guard however saw her and approached her. She was told by
the guard that she was banned at the said establishment upon instruction of Cruz. One of the
waiters even had to consult her supervisor who affirmed the prohibition. To her shame Baltazar
had to find another place for her friends to hang out.

On another occasion, Baltazar sought to recover some of her employment documents from
the said establishment but the supervisors told her that it was not available. She protested that she
knows her employment records were in the cabinet inside the main office. The supervisor then
called the guard and forcefully led her out.

Maricar Garame again called the three for a dialogue. She informed them that Cruz had
given explicit instruction that none of the complainants should ever step on the property.

ISSUE
The main issue in this case is whether Baltazar was illegally terminated from her
employment, thus is entitled to the reliefs prayed for in his complaint that is reinstatement,
backwages, money claims, and moral and exemplary damages and attorney’s fees.

DISCUSSION
According to the Labor Code of the Philippines, under Articles 283 and 284, an employer
may terminate his employees on two accounts. First is for just causes and the other is for
authorized causes. The main distinction between the two is that just causes are attributable to the
fault of the employee sought to be terminated while authorized causes are not attributable to the
employee, but the law nevertheless allows such termination for the protection of the interests of the
employer.

Maricar Garame stated that the three employees including Baltazar were terminated from
employment in the exercise of the ultimate right to protect the establishment from bankruptcy.
This can be deemed as an authorized cause allowed by law.

Under the aforementioned law, one of the authorized causes is retrenchment to prevent
loses, which means that there is a need to reduce the workforce in order for the employer to
address actual or imminent financial reverses taking place.

However, it may be recalled that Baltazar found out that on the same day she was
terminated there was already someone who took her place as the cashier. It is evident that the
termination was not to protect the establishment from bankruptcy.

Further, it is also provided under the Labor Code that if the termination is due to an
authorized cause, the employer is required to give a written notice of dismissal to the employee
specifying the grounds at least 30 days before the effective date of termination. A copy of the
notice shall also be furnished the Regional Office of the Department of Labor and Employment
(DOLE) where the employer is located.

According to the facts stated by Baltazar, she was told that she does not need to come to
work while the investigation was on going. Then on the same day a text message was sent to her
terminating her employment. Clearly, the process to be followed in terminating the employment of
an employee was not observed.

In general, an illegally dismissed employee is entitled to one or more of the following

reliefs:
1. Reinstatement
2. Payment of back wages
3. Separation pay
4. Payment of damages
5. Award of Attorney’s fees

Under Article 279 of the Labor Code, an employee who is unjustly dismissed from work is
entitled to reinstatement without loss of seniority rights and other privileges. Back wages as
well should be awarded since it is provided that an employee who is unjustly dismissed from
work shall be entitled to his full back wages, inclusive of allowances, and to his other benefits
or their monetary equivalent computed from the time his compensation was withheld from him
up to the time of his actual reinstatement.

Since Baltazar was illegally dismissed from her work, we pray that these benefits be
awarded to her as a right provided by law.

Furthermore, the illegal acts of the respondents caused the complainant extreme
psychological trauma and anxieties, sleepless nights, besmirched reputation and social humiliation.
She deserves to be awarded MORAL DAMAGES of P100,000.00, pursuant to the Civil Code.
She likewise deserves to be awarded of EXEMPLARY DAMAGES of P100,000.00 to serve as a
lesson to society pursuant to the same Code. Finally, she deserves an award of attorney’s fees
equivalent to ten percent (10%) of the damages awarded pursuant to the Labor Code.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that judgment be issued

declaring that the complainant has been ILLEGALLY DISMISSED by the respondents.
FURTHER, it is respectfully prayed that the respondents be ordered to pay or issue to the
complainant, as the case may be:

(a) BACKWAGES from the date of her illegal dismissal July 6, 2011up
to the time she is reinstated to her former position without loss of
seniority and other benefits.
(b) MORAL DAMAGES of P100,000.00.
(c) EXEMPLARY DAMAGES of P100,000.00.
(d) ATTORNEY’S FEES of ten percent of damages awarded.
(e) His certificate of employment whether or not she is reinstated.
FINALLY, the complainants respectfully prays for such other reliefs as may be deemed
just and equitable in the premises.
Baguio City, March 4, 2018.

MS. CHERYL BALTAZAR

Complainant
Address: Pines Park, La Trinidad, Benguet.

BGO and Associates

BY: Atty. Eunice Richelle D. Osam