REPUBLIC OF THE PHILIPPINES The COMPLAINANT, pro se, respectfully states:

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION

NATIONAL CAPITAL REGION I. STATEMENT OF FACTS

PPSTA BLDG., BANAWE AVE., QUEZON CITY 1. The complainant is XXX XXX XXX, 44 years old, Filipino, and residing at x x x.

2. The three respondents in this case are the following:

OFFICE OF LABOR ARBITER x x x (a) XXX XXX AND XXX, INC. (corporate employer);

ROOM 311, 3RD FLOOR, PPSTA BLDG. (b) Ms. “Xxx” Xxx, VP for HR Business Partner –Gaming (now the Vice President – Human Resource
Department); and

(c) Mr. Xxx Xxx, Chairman of XXX. They hold office at the Executive Offices, XXX XXX, xxx Ave., xxx
City, xxx, xxx City.
X x x x, 3. His position in the company was xxx Supervisor.
Complainant, 4. He was hired by the company on January 7, 2013.
NLRC RAB NCR 5. He started with a Gross Annual Salary of P937,107.69. He was paid a Gross 13th Month Pay
of P78,092.31 per annum. His salaries were paid to him every 15th and 3oth day of the month (with the
- Versus - CASE NO. NCR-
“cut off” dates of 5th day and 2oth day of each month). He started with a monthly P84,600.00.
X x x. 6. His latest monthly salary amounted to P85,431.90/month (as of May 8, 2015).
X x x , INC. 7. He was provided the following benefits during his tenure:
X x x; AND . Rice Subsidy – one sack/month. Its value was converted to cash at P1,000/month.
X x x, b. Service Charge – latest amount thereof as of May 2015 was P2,993.13/month.
Respondents. c. Paid leave credits of twenty five (25) days/annum.
x-------------------------------------------------------x d. Free meals (once per duty day).

e. Health insurance – for himself and one of his children (Bill Cameron E. Xxx, 17 years old [2015],
student of Far Eastern University, BS Psychology).

POSITION PAPER f. Life insurance – with a face value of P280,000.00.

FOR THE COMPLAINANT 8. See the following documents in support of the foregoing statements:

WITH

URGENT EX PARTE MOTION · Annex “A” - EMPLOYMENT OFFER, dated November

FOR PRODUCTION, INSPECTION AND EXAMINATION OF THE “201 FILE” (PERSONNEL 23, 2012;
FILE) OF THE COMPLAINANT IN THE POSSESSION OF THE RESPONDENTS · Annex “B” – COMPUTATION OF ANNUAL INCOME

AND WITHHOLDING TAX AS OF THE YEAR 2015.

9. In a Letter, dated January 28, 2014, issued by Mr. xxx xxx, Chief Operating Officer and President, for
his “valuable contributions” to the company, he was given a BONUS based on his base pay as of
September 30, 2013. It was released on installment basis. It was subject to certain conditions stated in the
said Letter.
A copy of the said Letter, dated January 28, 2014, is attached as Annex “C” hereof.
10. The complainant was a regular employee of the respondent company when he
was terminated on May 8, 2015 having served it for more than one year as of that date.
11. He was imposed the following penalties for TARDINESS:
(a) On March 15, 2014, a WARNING was annotated by the Pit Manager in the complainant’s record in the
TEAM TRACK, where the daily monitoring of deviations and commendations of employees are encoded).
As shown in a Notice to Explain, dated 11 April 2014, issued by the Human Resource xxx – xxx
Department headed by respondent Xxx Xxx, the complainant was penalized for twelve instances of
tardiness, the dates of which were stated in the said Notice (between the period March 12, 2013 to
February 19, 2014).
The Notice cited Sec. VI, Article XX (Punctuality and Attendance 15A) of the TEAM MEMBER
CODE OF GOOD BEHAVIOR (TMCGB).
Pursuant to the said Notice, he submitted to the office of the respondent Xxx Xxx one original copy of
his handwritten EXPLANATION (He did not prepare an extra file copy for himself).
See Annex “D” – NOTICE TO EXPLAIN, dated 11 April 2014.
(b) On May 7-9, 2014 he was SUSPENDED FOR THREE DAYS. He had misplace his copy now of the
suspension order.
On July 13-18, 2014 he was SUSPENDED FOR SIX DAYS. He had misplace his copy now of the
suspension order. Some of his tardiness before such suspension were caused by the street blockage due to
the on-going construction and/or improvement of the road where the Casino was located.
In the early part of 2015 some of his tardiness were caused by the heavy traffic due to the papal visit of
Pope Francis.
After his six-day suspension on July 13-18, 2014, he recall that he was late only once,
i.e., January 15, 2015.
On May 8, 2015 at about 2:00 PM to 4:00 PM the complainant was ABRUPTLY AND VERBALLY
DISMISSED FROM EMPLOYMENT by the respondent Xxx Xxx in the presence of his immediate
superior xxx xxx (xxx Manager) inside the room of Xxx Xxx.
(He recall that he had only one or two tardiness before May 8, 2015).
He was then on duty from 7:00 AM to 3:00 PM.
He was sequestered by Xxx Xxx inside her room.
He was threatened and forced by Xxx Xxx to IMMEDIATELY RESIGN. Otherwise, she
would TERMINATE him (that would surely affect his future employments in other entities,
if any).
No prior notice to explain was issued to him.
No formal charge was filed against him.
No administrative hearings (due process and opportunity to be heard) were held to discuss
the problem, resolve it amicably, and hear his side. His constitutional right to due process
of law was violated.
No lawyer for company was present to explain the situation from the point of view of Labor Law.
He was not given the chance to confer with a lawyer of his choice. His constitutional right to
counsel was violated.
He was not allowed to confer with his wife who was also employed in XXX.
For two hours he was forced to stay inside the room of the respondent Xxx Xxx and/or
within its immediate premises inside the HR area near the room od Xxx Xxx. He was
treated like a prisoner.
Inside the room of respondent Xxx Xxx he begged her for three days to think about the
former’s order for him to issue immediately on the spot a handwritten resignation letter.
Xxx Xxx denied the request. She forced him to write on the spot a handwritten resignation
letter. She threatened him with TERMINATION.
He was not allowed to go to his locker to get his mobile phone to call his wife to confer with her.
He was not allowed to go to the toilet.
He was not allowed to call up a lawyer.
He was not read the charges against him, if any.
Neither was there a notice of decision dismissing him from employment.
Only after two hours of forcible sequestration inside the room of the respondent Xxx Xxx
was he allowed to go home.
12. As instructed, after three days, he returned to the office of the respondent Xxx Xxx (May 11,
2015 or thereabout) to turn over to her staff over a copy of his TMCGB (employees manual), xxx xxx
MANUAL, and his health insurance card.
(He was unable to turn over to the HR staff the health insurance card for his child xxx Xxx because the
complainant had misplaced it at that time. Hence, we was charged P200.00 for such loss).
The HR staff gave him the contact numbers of the staff COMPENSATION AND BENEFITS
(COMPENBEN) Office, which was also under the HR Dept., to follow up his receivable salaries and other
employee benefits, namely xxx xxx with Tel. No. xxx. and xxx with Mobile No. xxx.
He was told by the HR staff to call from the said COMPENBEN staff after three or four months.
 He was supposed to be hired by the said company in Oct 2016 or thereabout. But he could
not get his CERTIFICATE OF EMPLOYMENT (COE) from the respondent Xxx unless he
13. RECEIVABLE SALARIES AND OTHE REMPLOYEE BENEFITS would first pay the company the amount of P35,059.51 that it was demanding.
The receivable salaries and other employee benefits of the complainant as of May 8, 2015 (date of illegal On October 5, 2016 the complainant sought the legal assistance of the Single Entry Approach (SEnA) of
termination) were as follows: this Honorable Commission. It issued a notice of conference dated October 5, 2016 to the respondents. It
set the mediation on October 19, 2016 at 10:00 AM. No compromise was reached. The respondents were
then represented by Atty. xxx.
· Salaries for three days - P9,826.03; See the following documents as proofs thereof:
· Unclaimed leave credits good for 4.5 days - P14,739.05;

· Service charge - April 2014 - P1,210.32; · Annex “E” - NOTICE OF CONFERENCE, dated October
· Service charge - May 2014 - P2,993.13;
5, 2016.
· Refundable income tax - P25,189.07. · Annex “F” - MINUTES OF CONFERENCE, dated
The total of the foregoing items was P53,357.60. October 19, 2016; and
Per company policies, the company DEDUCTED the amount of P88,417.11 from the receivables of the · Annex “G” - REFFERAL, dated October 26, 2016.
complainant, broken down as follows:

· Phase 1A bonus - P30,889.11; and

17. The complaint was thus referred filed with this Honorable Commission. It was raffled to
· Loyalty bonus = P57,528.00. the Honorable Labor Arbiter xxx xxx. See the following documents:
He was told he still had to pay the company the net amount of P35,059.51. · Annex “H” – COMPLAINT, dated October 26, 2016.

· Annex “I” – MINUTES, dated November 11, 2016.

(Refer to Annex “B”, supra).
When the complainant reviewed the figures, it appears that the respondents overcharged the complainant
by P7,809.39representing taxes on his 13t month pay for 2014 and the first five months of 2015. (See
Annex “B-1”).
14.Sometime in August 2015, the complainant called up COMPENBEN five times. He was told no
company action has been done yet.
Sometime September 2015 he called up the said office six times. He was told no company action has been
done yet.
Sometime in October 2015 he called up again the said office. This time, he was told he was
still “NEGATIVE”.
He was being ordered to pay the company P35,059.51 before he could be cleared and his
Certificate of Employment released to him.
5. As earlier stated, his wife xxx xxx is employed with the corporate respondent Xxx. Her position is that
of a “xxx Manager 2 – xxx”. She started working with the company in November or December 2012 or
thereabout up to the present time.
16. The complainant applied with xxx xxx xxx (a new xxx company to be opened in December 2016 or
thereabout) for the position of xxxx SUPERVISOR – xxx for a (reduced) salary P45,000.00/month.
18.No compromise was reached at the office of the labor arbiter. Thus the Arbiter ordered the parties to
file their respective position papers on November 29, 2016.
19. The complainant has written the HR Department of the respondent company to provide him with a
complete copy of his 201 File (Personnel File) because he would need its contents to support his position
paper.
The HR staff xxx xxx simply received it without any favorable action. He made an annotation thereon that
the said 201 File of the complainant had been “pulled out”. By whom, to whom forwarded, and for what
purpose, he did not state. Only the birth certificate and transcripts of schools records were given to the
complainant.
See Annex “J” – LETTER of the complainant duly received by HR-CompenBen Staff Jerson Balandra
on November 17, 2016.
20. For whatever legal purposes it may serve, considering that the credentials of the
complainant are relevant to his position paper, he is attaching herewith his BIODATA, TRANSCRIPTS OF
SCHOOL RECORDS, AND DIPLOMA marked as Annex “K” with submarkings.
21. To prove his good past employment performance and status, attached hereto are copies of
various certificates of service/employment and testimonials issued by his previous employers
from 1994 to 2012 (x x x, x x x , x x x x, x x x )marked as Annex “L with submarkings.
22. His National Bureau of Investigation (NBI) Clearance (valid until September 21, (b) A productive counselling and discussion shall be held.
2017) is attached as Annex “M” hereof to prove his good moral character.
(c) Agreements shall be documented in a “behavior contract” (Team Member Improvement
23. The family home of the complainant in x x x x was foreclosedby the xxx Bank Plan [TMIP]).
of xxx City in January or February 2015 or thereabout. Due to the illegal dismissal of the
complainant on May 8, 2015, he was unable to save enough funds to REDEEM the property (d) The employee shall submit a TMIP (a commitment to improve).
within the one-year redemption period.
(e) The TMIP shall be signed by the supervisor and the employee.
They continue to suffer financial difficulties to support their three young children, two of
whom are students and the youngest is only two years old. (f) The supervisor shall assist the employee to improve within a 30-day period.

(g) Counselling shall be done.

Their family life and psychological well-being as a family have been terribly traumatized,
tortured, disturbed, inconvenienced, and shamed to this very day. (h) The supervisor shall note the proceedings in his logbook.
This is one reason that nullifies the accusation of the respondents that the complainant had allegedly
resigned voluntarily. Who would resign from his well-paying job amidst his unpaid mortgage
loan in the bank? It is assumed that the TMIP and other related documents shall form part of the 201 File of
the employee.

Step Two refers to the procedures for Written Explanation:

To prove the foregoing statement, see the following annexes:
(a) The supervisor requires the employee to submit a written explanation within forty eight hours
· Annex “N” with submarkings – LETTER, dated November 21, 2016, to xxx Bank asking for a from the occurrence of the deviation.
certification to prove the foreclosure of their family home.
(b) A “show-cause memo” will be issued.
· Annex “O” with submarkings - xxx Bank records of their mortgage loan, copy of the land title of the
foreclosed family home, and proof of foreclosure of their family home (which he hopes to secure on (c) There shall be a “fair hearing”.
November 28, 2016, if time allows).
(d) Failure to submit a written explanation is deemed a waiver of one’s right to be heard.
The illegal acts of the respondents cause the complainant extreme psychological trauma
and anxieties, sleepless nights, besmirched reputation and social humiliation. He deserves
an award of MORAL DAMAGES of P500,000.00, pursuant to the Civil Code. He likewise
deserves an award of EXEMPLARY DAMAGES of P500,000.00 to serve as a lesson to It is presumed that the foregoing proceedings are documented in the 201 File of the
society, pursuant to the same Code. Further, he deserves an award of attorney’s employee.
fees equivalent to Ten Percent of the damages awarded, pursuant to the Labor Code.
Step Three refers to the procedures for FACT-FINDING BY IMMEDIATE SUPERVISOR (not
II. ISSUE by the Vice President for Human Resource Department headed by respondent Xxx Xxx).

The sole issue is whether or not the complainant is entitled to the reliefs prayed for in his (a) The employee files the written explanation.
complaint on the ground of illegal dismissal, that is, reinstatement, backwages, money
(b) The supervisor gathers the facts “with HRD assistance”.
claims, and moral and exemplary damages, and attorney’s fees.
(c) He makes the recommendations (presumably to the HR Dept. and to the employee).
III. DISCUSSION
(d) The employee is given an “AMPLE OPPORTUNITY TO BE HEARD” during the fact-
24. A copy of the relevant parts of the TMCGB (employees’ manual/handbook) is
finding exercise by the supervisor.
attached as Annex “P” hereof with submarkings.
(e) There shall be an ADMINISTRATIVE HEARING where the imposable penalty is
Article X of the TMCGB contains the DUE PROCESS PROCEDURE of the respondent
DISMISSAL.
company.
(f) The supervisor may do the fact-finding with the representative of the employee. (It
The respondents violated the provisions or steps described hereinbelow.
presupposes the employee must be notified of such a right).
Step One refers to the Counselling Procedures:
(g) The supervisor then submits his recommendations to his next-level superior. He uses
(a) The supervisor shall personally inform the employee of the deviation. the “Notice of Corrective Action”for the purpose.
(h) The next-level superior reviews the recommendation. He will forward his findings to the HR xxx
(i.e., respondent Xxx Xxx).
It is presumed that the foregoing proceedings are documented in the 201 File of the
(i) The “HRA” evaluates the findings/recommendations. employee.

(j) She endorses the same to the Department Head of the employee. Article XI refers to the graduated scale of penalties from CORRECTIVE
ACTION/DECISION, CORRECTIVE COUNSELLING (CODE: CC), WRITTEN WARNING
(k) The Department Head decides within twenty four hours from receipt of the (CODE: WW), SUSPENSION (CODE: S), AND DISMISSAL (CODE: D).
findings/recommendations.
The graduated scale of the penalty of SUSPENSION ranges from THREE DAYS TO THIRTY DAYS.
(l) The MINUTES OF THE MEETINGS shall be duly signed and made available to all
concerned (presumably, including the employee) within twenty four hours. DISMISSAL is the worst of all the penalties. It is xxxed to only after a “THOROUGH FACT-
FINDING HAS BEEN DONE.”
It is presumed that the foregoing proceedings are documented in the 201 File of the
employee. The TMCGB empowers the Department Head, Division Head, Vice President – Human Resources and
Administration (respondent Xxx Xxx), and xxx (respondent Xxx Xxx) to DISMISS an employee and a
Step Four refers to APPEAL PROCEDURE. supervisor.
(a) Within 15 days from receipt of the Decision of the Department Head (not the respondent HR This power presupposes the prior observance of the DUE PROCESS rules stipulated in the
Business Partner, Xxx Xxx) the employee may submit an APPEAL to the TEAM MEMBER BEHAVIOR TMCGB, supra.
ACTION REVIEW PANEL (again, not the HR Business Partner, respondent Xxx Xxx).
A written NOTICE OF CORRECTIVE ACTION shall be served on the employee.
(b) The said Panel is convened by the MANAGEMENT.
Article XIV refers to the DOCUMENTATION of the disciplinary process. Complete reports
It is presumed that the foregoing proceedings are documented in the 201 File of the are required. This means the 201 File of the employee must be furnished copies of all
employee. relevant documents.
Step Five refers to the TEAM MEMBER BEHAVIOR ACTION REVIEW PANEL. Article XV refers to the PRESCRIPTIVE PERIOD OF RECORD KEEPING.
(a) The Department Head recommends the referral of the issue to the TEAM MEMBER The prescriptive period is two years for penalties of three to fifteen days suspension and three years for
BEHAVIOR ACTION REVIEW PANEL. penalties of sixteen to thirty days suspension. A subsequent deviation during the prescriptive
period stops the running of such prescriptive period for the preceding deviation. (This provision appears
(b) The referral is addressed to the HR Business Partner (respondent Xxx Xxx).
to be unconstitutional for being violative of substantive due process and for being unreasonable). The
(c) The HR Business Partner convenes the Panel. running of the new prescriptive period is based on the “latest deviation”. Habituality negates the
effects of prescription.
(d) The Panel shall be composed of the HR Business Partner as the presiding officer,
the Division Head as the deputy presiding officer, the Security Director, one Neutral Article XVIII refers to SUMMARY PROCEEDING IN LIEU OF FACT FINDING.
Manager, and the Vice President for Human Resource and Administration (HRA).
Summary proceeding is INAPPLICABLE to cases where the imposable penalty is LESS
(e) The Panel shall be “duly constituted” in writing. THAN DISMISSAL. This covers TARDINESS cases.

(f) It shall conduct a “thorough fact-finding”. For purposes of PREVENTIVE SUSPENSION (which is irrelevant in this case), no fact-finding is needed
(and it may be immediately imposed) IF: “committed in the presence of two or more witnesses”;
(g) It shall submit its recommendations within five working days from date of constitution. “deviation is serious and evidence of guilt is strong”; employee is “convicted by final judgment” in any
court; “multiple offender”; and “notoriously undesirable or dangerous.”
(h) The legal/constitutional rights of the employee shall be respected during this
whole process. ARTICLE XX refers to the TABLE OF OFFENSES AND PENALTIES.

(i) If the penalty imposed on an employee with a rank lower than Director position Per Rule 15 (Tardiness, Undertime, Overtime and Breaks) of Part VI (PUNCTUALITY AND
is DISMISSAL, it is subject to JOINT AUTOMATIC REVIEW by the Vice President for HRA ATTENDANCE) of Article XX of the TMCGB (Page 64) the penalties are as follows:
and the Chief Operating Office (COO).
(a) Reporting for work late for three times corresponds to one violation.
(j) The Panel decides by consensus.
(b) The “reckoning is PER CALENDAR BASIS”.
(k) The dissenting opinions within the Panel shall be in writing.
(c) For the first violation (three incidents of tardiness in one calendar year) the penalty In November or December 2014 or thereabout he was SUSPENDED FOR THREE DAYS. He has no copy
is CORRECTIVE COUNSELLING. now of the document showing such suspension.

(d) For the second violation (six incidents of tardiness in one calendar year) the penalty is FOURTH VIOLATION
WARNING.
In March 2014 or thereabout he was SUSPENDED FOR SIX DAYS. He has no copy now of the document
(e) For the third violation (nine incidents of tardiness in one calendar year) the penalty is three showing such suspension.
days suspension.
NOTE: Some, if not many, of the TARDINESS of the complainant were caused by the heavy
(f) For the fourth violation (twelve incidents of tardiness in one calendar year) the penalty is traffic due to the prolonged CONSTRUCTION and/or IMPROVEMENT of the street where
six days suspension. the xxx was located (with cranes and heavy equipment on the road) and the long papal
visit of POPE FRANCIS in early 2015.
(g) For the fifth violation (fifteen incidents of tardiness in one calendar year) the penalty is
twelve days of suspension. ABRUPT DISMISSAL

(h) For the sixth violation (eighteen incidents of tardiness in one calendar year) the penalty is On May 8, 2014 at about 2:00 PM to 4:00 PM the complainant was ABRUPTLY AND VERBALLY
thirty days suspension. DISMISSED FROM EMPLOYMENT by the respondent Xxx Xxx in the presence of his immediate
superior xxx xxx (xxx Shift Manager) inside the room of Xxx Xxx.
(i) For the seventh violation (twenty one incidents of tardiness in one calendar year) the
penalty is DISMISSAL. He was then on duty from 7:00 AM to 3:00 PM.

He was sequestered by Xxx Xxx inside her room.

25. As earlier stated in Paragraph 11, supra, after a six days suspension, the He was threatened and forced by Xxx Xxx to IMMEDIATELY RESIGN. Otherwise, she would
complainant was abruptly and illegal DISMISSED on May 8, 2015. TERMINATE him (that would surely affect his future employments in other entities, if any).

“x x x. No prior notice to explain was issued to him.

FIRST VIOLATION No formal charge was filed against him.

As shown in a Notice to Explain, dated 11 April 2014, issued by the Human Resource Business
Partner – Gaming Department headed by respondent Xxx Xxx, the complainant was penalized for twelve
instances of tardiness, the dates of which were stated in the said Notice (between the period March
12, 2013 to February 19, 2014). The Notice cited Sec. VI, Article XX (Punctuality and
Attendance 15A) of the TEAM MEMBER CODE OF GOOD BEHAVIOR (TMCGB). To his
recollection, the penalty of Corrective Counselling (CC) was imposed on him. He does not recall
having been issued a memorandum of WARNING. Pursuant to the said Notice, he submitted to the
office of the respondent Xxx Xxx one original copy of his handwritten EXPLANATION (no file copy for
himself).
See Annex “D” – NOTICE TO EXPLAIN, dated 11 April 2014.
The complainant he assumes it was a CORRECTIVE COUNSELLING penalty.
No administrative hearings (due process and opportunity to be heard) were held to discuss the problem,
resolve it amicably, and hear his side. His constitutional right to due process of law was violated.
X x x.”
26. Article 277 of the Labor Code provides for the DUE PROCESS OF LAW:
“x x x.
Article. 277. Miscellaneous provisions. - (a) All unions are authorized to collect reasonable membership
fees, union dues, assessments and fines and other contributions for labor education and research, mutual
death and hospitalization benefits, welfare fund, strike fund and credit and cooperative undertakings. (As
amended by Section 33, Republic Act No. 6715, March 21, 1989).

SECOND VIOLATION (b) Subject to the constitutional right of workers to security of tenure and their right to be protected
against dismissal except for a just and authorized cause and without prejudice to the requirement of notice
under Article 283 of this Code, the employer shall furnish the worker whose employment is
sought to be terminated a written notice containing a statement of the causes for
In the middle of 2014 or thereabout he was issued a memorandum of WARNING. He has no copy now termination and shall afford the latter ample opportunity to be heard and to defend himself
the WARNING document . with the assistance of his representative if he so desires in accordance with company rules and
regulations promulgated pursuant to guidelines set by the Department of Labor and Employment.
THIRD VIOLATION
Any decision taken by the employer shall be without prejudice to the right of the worker to contest
the validity or legality of his dismissal by filing a complaint with the regional branch of the
National Labor Relations Commission. The burden of proving that the termination was for
a valid or authorized cause shall rest on the employer.
The Secretary of the Department of Labor and Employment may suspend the effects of the termination
pending resolution of the dispute in the event of a prima facie finding by the appropriate official of the
Department of Labor and Employment before whom such dispute is pending that the termination may
cause a serious labor dispute or is in implementation of a mass lay-off. (As amended by Section 33,
Republic Act No. 6715, March 21, 1989).
X x x.”
27. Article 279 of the Code provides for the SECURITY OF TENURE of a worker:
“x x x.
ART. 279. Security of tenure. - In cases of regular employment, the employer shall not
terminate the services of an employee except for a just cause or when authorized by this
Title.
An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of
seniority rights and other privileges and to his full backwages, 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. (As
amended by Section 34, Republic Act No. 6715, March 21, 1989).
X x x.”
28. Article 282 of the Code speaks of the just grounds to dismiss an employee.
“x x x.
ART. 282. Termination by employer. - An employer may terminate an employment for any of the
following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or
duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or
any immediate member of his family or his duly authorized representatives; and
X x x.”
29. The complainant is guilty merely of the MINOR OFFENSE OF TARDINESS.
He is NOT GUILY of SERIOUS MISCONDUCT, GROSS AND
HABITUAL NEGLECT, FRAUD OR WILLFUL BREACH OF TRUST, OR COMMISSION OF
A CRIME AGAINST THE EMPLOYER OR HIS FAMILY OR REPRESENTATIVES.
He did not deserve the supreme sanction of DISMISSAL (more so WITHOUT DUE
PROCESS OF LAW).
30. In the case of CAPIN-CADIZ VS. BRENT HOSPITAL AND COLLEGE, GR 187417,
February 24, 2016, it was held that a worker who was illegally dismissed is entitled to “entitled to
reinstatement without loss of seniority rights, and with payment of backwages computed
from the time compensation was withheld up to the date of actual reinstatement.”
“x x x.
Given the foregoing, Cadiz, therefore, is entitled to reinstatement without loss of seniority rights,
and payment of backwages computed from the time compensation was withheld up to the
date of actual reinstatement.
Where reinstatement is no longer viable as an option, separation pay should be awarded as
an alternative and as a form of financial assistance. 55
X x x.
Generally, the computation of backwages is reckoned from the date of illegal dismissal
until actual reinstatement. 59
In case separation pay is ordered in lieu of reinstatement or reinstatement is waived by the
employee, backwages is computed from the time of dismissal until the finality of the
decision ordering separation pay. 60
Jurisprudence further clarified that the period for computing the backwages during the
period of appeal should end on the date that a higher court reversed the labor arbitration
ruling of illegal dismissal. 61
X x x.”
31. In the case of NEW PUERTO COMMERCIAL, ET. AL. VS. LOPEZ, ET. AL., GR NO. 1699999,
JULY 26, 2010, discussed DUE PROCESS OF LAW in labor cases.
“x x x.
In order to validly dismiss an employee, he must be accorded both substantive and
procedural due process by the employer. Procedural due process requires that the
employee be given a notice of the charge against him, an ample opportunity to be heard,
and a notice of termination. Even if the aforesaid procedure is conducted after the filing of
the illegal dismissal case, the legality of the dismissal, as to its procedural aspect, will be
upheld provided that the employer is able to show that compliance with these requirements
was not a mere afterthought.
X x x.
In termination proceedings of employees, procedural due process consists of the twin requirements of
notice and hearing. The employer must furnish the employee with two written notices before the
termination of employment can be effected: (1) the first apprises the employee of the particular
acts or omissions for which his dismissal is sought; and (2) the second informs the
employee of the employer’s decision to dismiss him. The requirement of a hearing is complied
with as long as there was an opportunity to be heard, and not necessarily that an actual hearing was litigation, considering that I have been jobless since the time I was dismissed by the respondent in May
conducted.[14] As we explained in Perez v. Philippine Telegraph and Telephone Company:[15] 2015.

An employee’s right to be heard in termination cases under Article 277 (b) as implemented by Section 2 During the last hearing on November 15, 2016, the counsel for the respondent, Atty. Xxx Xxx tentatively
(d), Rule I of the Implementing Rules of Book VI of the Labor Code should be interpreted in broad strokes. offered me the following Compromise:
It is satisfied not only by a formal face to face confrontation but by any meaningful opportunity to
controvert the charges against him and to submit evidence in support thereof. · Three months’ separation pay;

A hearing means that a party should be given a chance to adduce his evidence to support his · Release of my unpaid receivables amounting to Fifty Thousand Pesos (P50,000.00)
side of the case and that the evidence should be taken into account in the adjudication of
the controversy. Xxx. · Release of my Certificate of Employment (COE).

X x x.” I hereby respectfully counter offer to the respondent, through the kind intercession of Atty. Xxx, the
following Compromise, subject to mutual negotiation:
IV. URGENT EX PARTE MOTION FOR PRODUCTION, INSPECTION AND
· Six months’ separation pay (subject to further negotiation);
EXAMINATION OF THE “201 FILE” (PERSONNEL FILE) OF THE COMPLAINANT IN THE
POSSESSION OF THE RESPONDENTS. · Release of my unpaid receivables amounting to Fifty Thousand Pesos (P50,000.00)
32. In the interest of fair play, the complainant hereby moves for the production, · Release of my Certificate of Employment (COE).
inspection and examination of his 201 File (Personnel File),which is now being withheld by the
respondents, so that he can improve his defenses and arguments based on the contents thereof, if any. He
intends to discuss the same in his REPLY POSITION PAPER to be filed in a future hearing.
If Atty. Xxx is empowered to decide on my foregoing counter proposal during the next hearing on
V. MISCELLANEOUS November 29, 2016, I move that the simplified Compromise Agreement be written by the Labor
Arbiter in the Minutes of the Hearing on the said date.

If Atty. Xxx will need to consult the management of the respondent on my foregoing counter proposal, I
33. UNPAID OFFICIAL TIME (15 MINUTES DAILY BRIEFINGS BEFORE COMMENCING move that the hearing on November 29, 2016 be reset to the following week or two weeks so that
WORK). – A miscellaneous cause of action that the complainant has alleged is his UNPAID WORKING Atty. Xxx could report back to the Labor Arbiter the decision of the management on my
HOURS OF FIFTEEN MINUTES DAILY WHICH THE RESPONDENTS REQUIRED ALL counter proposal.
EMPLOYEES TO UNDERGO BEFORE COMMENCING DAILY WORK.
Thank you for your kind assistance. x x x.”
He started work on January 7, 2013 and was illegally dismissed on May 8, 2015 – or a
period of two years and four months. His working hours of fifteen minutes of daily VI. PRAYER
briefings for the said period were all unpaid.
WHEREFORE, premises considered, it is respectfully prayed that judgment be issued declaring that the
34. For the record, the complainant will file a letter with the Arbiter, copy furnished the complainant has been ILLEGALLY DISMISSED by the respondents.
adverse counsel, a Letter, dated November 19, 2016, stating and praying for the following:
FURTHER, it is respectfully prayed that the respondents be ordered to pay or issue to the complainant, as
“x x x. the case may be:
RE : MANIFESTATION; XXX vs. XXX XXX, et. al.; NLRC RAD Case No. NCR- (a) BACKWAGES from the date of his illegal dismissal on May 8, 2016 up to the time he is
xxx. REINSTATED to his former position without loss of seniority and other benefits.
MABUHAY: (b) MORAL DAMAGES of P500,000.00.
In re: the hearing on November 29, 2016, Tuesday, 10:00 AM, may I please manifest the following: (c) EXEMPLARY DAMAGES of P500,000.00.
I am ready to file on November 29, 2016 at 10:00 AM my POSITION PAPER, without prejudice to the (d) His RECEIVABLES representing salaries and other benefits due him in the amount
revival of the Compromise Negotiation. of P61,166.99 as discussed in Paragraph 13, supra.
I move for fifteen days to file my REPLY POSITION PAPER, counted from November 29, 2016. (e) Attorney’s fees of Ten Percent of Damages AWARDED.
Despite the filing of the said pleadings, I respectfully move to revive the Compromise (f) Unpaid 15-minute daily staff briefings for two and one-half years (January 7, 2013 to May 8,
Negotiation between the parties because I want to avoid a prolonged, costly and tedious 2015).
(g) His CERTIFICATE OF EMPLOYMENT whether or not he is reinstated.

FINALLY, the complainants respectfully pays for such and other reliefs as may be deemed just and
equitable in the premises.

Xxx City, November 26, 2016.

MR. XXX XXX

Complainant

Address: x x x.

SUBSCRIBED AND SWORN TO BEFORE ME in xxx City on November 28, 2016, affiant showing
his competent proof of identity as follows: LTO Driver’s License No. x x x.

Notary Public

Doc. No.

Page No.

Book No.

Series of 2016.

Copy Furnished:

Atty. Xxx Xxx

Counsel for Respondents

(To be personally given during the

hearing on November 29, 2016 at 10:000 AM)