REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS AND COMMISSION
Regional Arbitration Branch
Cordillera Administrative Region
2F Manongdo Bldg., Private Road
Magsaysay, Baguio City

KAYCEE P. IMPIMAN,
Complainant, NLRC CASE NO. RAB-CAR-19-01
For: Illegal dismissal with prayer
-versus- of reinstatement and payment of
backwages

FAMILY AND KIN ENTERPRISES

As represented by Mr. Mando R. Ugas,
Chief Executive Officer and Frustra T. Edovary,
Vice President for Administration; AND
ABC AGENCY
Respondents.
X------------------------------------------------------------X

JUDICIAL AFFIDAVIT OF MARIZ DELA CRUZ

I, MARIZ DELA CRUZ, 40 years old, married, Filipino, and with office
address at 321 St., Brgy. Delgado, Manila, Philippines, after having been
duly sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of
judicial affidavits to serve as the direct examination testimony of the
witness, on the basis of which the adverse party may conduct their cross-
examination on such a witness, I hereby execute this judicial affidavit in a
question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also
state that it was Atty. Shiela B. Ramirez who conducted the examination of
the undersigned affiant;

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 That conformably also with section 3 (c) thereof, I hereby state under
the pain of perjury that in answering the questions asked of me, as
appearing herein below, I am fully conscious that I did so under oath, and
that I may face criminal liabilities for false testimony or perjury.

The testimony of Mariz Dela Cruz is being offered to prove that:

1. Ms. Mariz Dela Cruz is the legal representative of ABC Agency, as

authorized by said judicial entity through a Board Resolution;

2. There is no employer-employee between the Respondent Family and

Kin Enterprises;

3. The complaint for Illegal Dismissal filed by Ms. Kaycee P. Impiman

against The Family and Kin Enterprises be dismissed for lack of cause of
action;

4. The complainant is merely placed under “floating status” or

“temporary off-detail” pending her subsequent assignment to another
Client company and thus cannot be reinstated to her previous position
from the enterprises and be given privileges and/ or other benefits;

4. Ms. Impiman is not entitled to nominal damages or any other

damages for that matter, attorney’s fees and other reliefs prayed for
against the Family and Kin Enterprises and/ or the ABC Agency;

5. To identify and authenticate the annexes being offered;

6. Other relevant matters.

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q : Please state your name and other circumstances.

A : I am Mariz dela Cruz, 40 years old, married, with office address at
321 St., Brgy. Delgado, Manila, Philippines.

2. Q : Why are you here now?

A : To give a sworn statement by way of Judicial Affidavit, the same to
constitute as my direct testimony in an illegal dismissal case.

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3. Q : For the record, please state the name and address of the lawyer who
is now conducting your examination and the place where the examination
is being held?
A : The legal counsel for the respondent, Atty. Venus De Luna Veniegas,
is conducting or supervising my examination now in her law office GLORIA
RAMIREZ VENIEGAS LAW OFFICE located at No. 01 General Luna Rd. Baguio
City.

4. Q : In what language do you want your examination to be conducted?

A : English, attorney.

5. Q : What do you do for a living?

A : I am the Human Resource (HR) Operations Manager of ABC Agency.

6. Q : Ms. Witness, will you tell us about your company ABC Agency.
A. ABC Agency is duly organized and existing under the laws of the
Philippines. It carries on a distinct and independent business and
undertakes to perform the job under its own responsibility free from the
control and direction of any Client company. Our company also has its
substantial capital or investment. In addition, any agreement between our
agency and the Client company(ies) assures the employees entitlement to
all labor and occupational safety and health standards, free exercise of the
right to self-organization, security of tenure, and social welfare benefits.
Our agency is also established

7. Q : With reference to your previous question, is it safe to say that ABC

Agency is engaged in legitimate labor contracting?
A: Yes attorney.

8. Q : Now may I ask, how long have you been practicing your profession as
Human Resource (HR) Operations Manager?
A : For almost 15 years, attorney.

9. Q : In such period of time, have you ever encountered a certain Kaycee P.

Impiman?
A : Yes Ma’am. She is one of the probationary employees of the agency I
am working with. She is also the complainant in Illegal Dismissal case
against the Family and Kin Enterprises.

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10. Q : What is your participation in said illegal dismissal case?
A : I am the current Human Resource (HR) Operations Manager of ABC
Agency who processed the hiring of the complainant in the case.

11. Q : What are the functions of an HR Operations Manager of ABC

Agency?
A : I am tasked to interview and conduct Orientation to newly-hired
employees of the agency, to issue proper and legal documents to be served
to the Agency’s employees whenever it is necessary. Every employee to be
hired by the Agency has to go through me.

12. Q : I have with me a copy of the ABC Agency Orientation form dated
June 25, 2019 issued to Ms. Kaycee P. Impiman. Will you please go over it
and tell me if you are aware of this.
A : Yes ma’am. This is a copy of the ABC Agency Orientation Form I
issued to Ms. Impiman to which she signed over his name. (Annex “A”)

13. Q : Do you recall Ms. Impiman attending the ABC Agency Orientation?
A : Yes. It was the on June 25, 2019, the same date as indicated in that
same document.

14. Q : What happened next, if any?

A : As can be gleaned upon the documents given to the newly-hired
employees, the employees are informed that their employer is our
company, the ABC Agency, and not the Client company(ies) to where they
may be designated. The means and methods to which the employees shall
perform their tasks shall be directly implemented and conveyed to them
through me. In addition, they shall be given their identification card, time
card, time sheet, etc. They are also required to accomplish their time sheet
on time in order to avoid any problems with regard to their wages. Their
Employment Contract, hereto attached as Annex “B”, was also handed to
them during such orientation.

15. Q : You said that the employees who attended the orientation dated
June 25, 2019 are ABC Agency’s employees and not the Client company to
where they may be designated, is that correct Ms. Dela Cruz?
A : Yes attorney.

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16. Q : If that is the case, in what client company is Ms. Kaycee P. Impiman
designated or assigned for that matter?
A : She was assigned to the Family and Kin Enterprises as the
Personnel Officer. The office address is at No. 50, Laperal Building, Session
Road, Baguio City.

17. Q : When was Ms. Impiman assigned to the Family and Kin Enterprises?
A : It was on July 1, 2019 ma’am.

18. Q : In question number 9 Ms. Dela Cruz, you said that Ms. Kaycee P.
Impiman is a probationary employee of the ABC Agency, is that correct?
A : Yes attorney.

19. Q : Since July 1, 2019 up to the present date, is Ms. Dela Cruz still an
employee of the same company?
A : No ma’am. The Family and Kin Enterprise handed Ms. Kaycee P.
Impiman a Notice of Pull-out on September 20, 2019 (Annex “C”) for the
Client company received complaints (Annexes “D” to “D-1”) from their
clients regarding the work ethics of Ms. Impiman. When she received said
notice, she failed to report back to the ABC Agency.

20. Q : When a Client company issues a Notice of Pull-out to an employee

of the ABC Agency, what does that mean?
A : The employee is placed by our agency in a “floating status” pending
her subsequent assignment to another Client company. However, a Pull-out
Notice is not a termination employment.

21. Q : Are there anything you want to add in your testimony Ms. Dela
Cruz?
A : None Attorney.

IN WITNESS WHEREOF, I have hereby affix my signature this 26th day of

November 2019, at Baguio City, Philippines.

Mariz dela Cruz

Affiant
TIN: 32-654987-00
Manila, Phillippines

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 SUBSCRIBED AND SWORN to before me on the date and place
indicated herein, by the affiant who is personally known to me after she
presented her identification cards indicated below her printed name and
signature as above-written.

ATTY. VENUS DE LUNA VENIEGAS

Roll No.: 38488; 05/31/2016; Manila
PTR No.: 6253461; 12/16/2018; Baguio City
IBP Lifetime No.: 2357952; 12/16/2018; Baguio City
MCLE Exemption No. V-000526 (Lifetime)
GLORIA VENIEGAS RAMIREZ LAW OFFICE
No. 01 General Luna Rd. Baguio City.
E-mail Address: venusveniegas@yahoo.com
Tel. no. (074) 452-5249

Copy furnished (by simultaneous filing):

ATTY. GATAN JULIUS D. CAWILAN,

ATTY. GERALD D.DEL ROSARIO, and
ATTY. FRITZ B. SIGNABON
Counsels for Complainant
Room 45, Rex Bldg., Bonifacio St., Baguio City

REPUBLIC OF THE PHILIPPINES )

CITY OF BAGUIO ) S.S
x------------------------------------------x

SWORN ATTESTATION

I, ATTY. VENUS DE LUNA VENIEGAS, of legal age, single, with office address
at No. 01 General Luna Rd. 2600 Baguio City, after being duly sworn hereby
certify that:

1. I was the one who conducted the examination of MARIZ DELA

CRUZ, witness for the respondent, in my office at No. 01 General
Luna Rd., Baguio City;

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that the above-named witness
gave;

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 3. Neither I nor any other person then present or assisting her
coached the witness regarding her answers.

IN WITNESS HEREOF, I have hereunto set my hand this 26th day of

November 2019 at Baguio City, Philippines.

ATTY. VENUS DE LUNA VENIEGAS

TIN: 97-86574-00
Issued on: March 01, 2016
Issued at: Baguio City

SUBSCRIBED AND SWORN to before me this 26th day of November

2019 at Baguio City, Philippines. Affiant who is personally known to me
after she presented to me her identification card indicated below her
printed name and signature as above-written.

ATTY. DANA ANTONETTE V. GLORIA

Notary Public for and in the City of Baguio
Valid until December 31, 2020
Roll No.: 91992: 05/19/2016: Manila
Doc No. 5 PTR No.: 6253463; 12/16/2018; Baguio City
Page No. 1 IBP Lifetime No.: 63589; 12/16/2018; Baguio City
Book No. XIV Notarial Commission No. 20-NC-19-R
Series of 2019 MCLE Exemption No. V-000919 (Lifetime)

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