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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION

NLRC-NCR QUEZON CITY

___ Division

,
Complainant-Appellee, Case No.

-vs- FOR: Illegal Dismissal

,
Respondent- Appellant,
x--------------------------------------x

RESPONDENT’S MEMORANDUM ON APPEAL

RESPONDENT-APPELLANT by Counsel, to this Honorable Office respectfully

states:

BRIEF FACTS OF THE CASE

This is a Case of an appeal on the decision of Labor Arbiter Hon.

__________________, dated ___________, and received only by Appellant on
July 7, 2018, assailing said decision for being contrary to law,
Complainant-Appellee having been charge of INSUBORDINATION and GROSS
MISCONDUCT under Art. 297, Labor Code, since he was charged of ESTAFA at the
Fiscals Office, Quezon City, constituting Moral turpitude. Herein below explained.
Copy of the assailed Decision is Annex “A”.

The gross misconduct is not merely trivial or insignificant misdemeanor, but

goes to the very heart of honesty, respect to ones work and good conduct,
constituting moral turpitude, since he malversed/misused the money for personal
gain, the money belonging to his employer. The violation committed reflects a
regrettable lack of loyalty and worse, betrayal to the Company, if an employee’s
length of service is to be regarded as a justification for moderating the penalty of
dismissal, such gesture will actually become a prize for disloyalty, distorting the
meaning of social justice and undermining the efforts of labor cleans its rank of
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undesirable. (citing MANILA WATER COMPANY, vs. CARLITO DEL ROSARIO, G.R.
No. 188747, January 29, 2014). should an award of separation of pay or any kind
of financial assistance, would have the effect of rewarding rather than punishing
an erring employee, “DISTURBING THE NOBLE CONCEPT OF SOCIAL JUSTICE”.
This Appeal was seasonable filed, with the Bond hereto attached.

PARTIES

a. Respondent-Appellant _____________, is of legal age, married, Filipino,

residing at _____________________, while Complainant- Appellee
____________, is likewise of age, Filipino, residing at
_______________________________________.

Summons, Writs, orders, and other Office processes may be served on the
parties on their address above mentioned.

GROUNDS FOR DISMISSAL

Violation of Art. 297, Labor Code, such as:

a. Serious Misconduct, like committing ESTAFA, now filed at the Fiscals Office,
Quezon City, Certification is attached, as Annex “B”;

b. Willful Disobedience to lawful order;

c. Gross and habitual neglect of duties, and other analogous causes.

CAUSE OF ACTION

1. Private Complainant-Appellee was hired as an employee of the

Respondent-Appellant’s business from ____ up to the time he was terminated
for causes under Art. 297, Labor Code, above cited, the most serious of which
was the commission of ESTAFA, after the trust and confidence of his employer,
the herein Appellant; as a result, a complaint was filed against him before the
Fiscals Office, Quezon City, Annex “B”;

2. At the start of the complainant’s employment, he behaved well and do ho his

job good; however, as days go by, he became tardy in his arrival to work; soon
he incurred habitual absences, but the employer, herein Appellant, always
forgave him and gave him all the chances, for him to reform; soon he became
disobedient to lawful orders of his employer; he turned discourteous, even to
customers, an act considered unbecoming, specially, if there are reports from
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clients and customers; and many acts analogous to such willful and serious
offenses, but still, the employer gave him all the forgiveness, just to give him
the chance to reform;

3. One day, Complainant-Appellee was entrusted whit a sum of money, where he

abused the trust and confidence of his employer, the herein
Respondent-Appellant; upon observing substantial and procedural due
process, he was found to have pocketed/malversed the said sum of money,
where the employer got angry, leading to his dismissal; clearly, the charge of
Illegal Dismissal is perjurious. The award of Separation Pay and/or any other
monetary award destroyed the nomenclature of Compassionate justice, due to
the gross commission of an offense which is ESTAFA, an act involving MORAL
TURPITUDE. Separation pay shall be allowed as a measure of social justice
only in those instances where the employee is validly dismissed for causes
other than serious misconduct or those reflecting on his moral character.

4. The Supreme Court ruled in part:

“Compassion for the poor is an imperative of every humane society but only
when the recipient is not a rascal claiming an undeserved privilege. Social justice
cannot be permitted to be the refuge of scoundrels any more than can equity be
an impediment to the punishment of the guilty. Those who invoke social justice
may do so only if their hands are clean and their motives blameless and not simply
because they happen to be poor. This great policy of our Constitution is not meant
for the protection of those who have proved that they are not worthy of it, like the
workers who have tainted the cause of labor with the blemishes of their own
character.” (citing MANILA WATER COMPANY, vs. CARLITO DEL ROSARIO, G.R. No.
188747, January 29, 2014)

PRAYER

WHEREFORE PREMISES CONSIDERED, it is most respectfully prayed unto this

Honorable Office, that the assailed decision be set aside for lack of Merit.

July, 2018.
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___________________
Lawyer

VERIFICATION/CERTIFICATION
OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES )

QUEZON CITY ) S.S.

I, ____________________________, of legal age, married, Filipino, residing at

_______________________, after having been duly sworn to in accordance with law
depose and say:

a. That I am the Respondent-Appellant in the above entitled case; that I caused the
preparation and filing of the above Memorandum; That I attest that the
allegations therein are true and correct of our personal knowledge and/or based
on authentic records;
b. That I have not heretofore commence any other action or proceeding involving
the same issues and subject matter between the parties, in the Supreme Court,
Court of Appeals, or any other tribunal or agency;

b-1- “To the best of my knowledge, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals, or any other
tribunal/agency; if there is any action or proceeding which is either
pending or may have been terminated, I must state the status
thereof; and if I should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or agency, I undertakes to
report the facts within five (5) days there from to the Court or agency
wherein the original pleading and avers certification contemplated
herein have been filed.”

Affiants further sayeth naught.

July , 2018.

Affiant
I.D. No. ______________
Issued at ____________
Valid until _____________

SUBSCRIBED AND SWORN TO before me this ____ day of July 2018.

Doc. No. _____ ______________________

Page No. _____ Notary Public
Book No. _____
Series of 2018.

EXPLANATION
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I hereby certify that a copy of this Memorandum was furnished the adverse
party/Counsel personally or by registered mail due to lack of manpower to serve
it personally.

________________

Copy furnished: