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JUDICIAL AFFIDAVIT
OF
PINING GERCIA
I, PINING GERCIA, of legal age, single, and living at Unit 69, Joyous
Apartments, Marcos Highway, Baguio City, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Annie Ruth Wallang with office
address at …… The examination is being held at the same address. I am
answering her questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of complainant Pining Gercia is
being offered to prove that she is a regular employee of the respondent
company Philippine Workers Enterprising Traders, and that there exists
an employer-employee relationship between her and the respondent
company.
The complainant will also prove that she was illegally dismissed by the
respondent company Philippine Workers Enterprising Traders, and
thus, is entitled to separation pay, leave credits and other monetary
claims.
Q1: Please state your name, address and other personal
circumstances for the record.
A: I am Pining Gercia, of legal age, Filipino, and with address at Unit
69, Joyous Apartments, Marcos Highway, Baguio City.
Q2: Do you know why you are here?
A: Yes, because I am one of the complainants in this suit that we filed
against Philippine Workers Enterprising Traders.
Q3: Do you know the respondent in this case?
A: Yes, Ma’am.
Q4: Why do you know the respondent Philippine Workers
Enterprising Traders?
A: I was employed as a merchandiser by the respondent company
Philippine Workers Enterprising Traders on January 6, 2018 and
was assigned as a roving merchandiser.
Q5: What are your tasks as a roving merchandiser?
A: I was tasked to put on display the products of Century Canning
Corporation.
Q6: How about Century Canning Corporation, do you know it?
A: No, Ma’am. I was only told by the respondent that my task is to
put on display the products of Century Canning Corporation.
Q7: Did the respondent company introduce you to Century Canning
Corporation?
A: No, Ma’am.
Q8: I am showing you this document, herein referred to as “Annex
____” (id of Pining). Do you know this document?
A: Yes, Ma’am.
Q9: What is this document?
A: This is my identification card, Ma’am.
Q10: Who issued this identification card to you?
A: The Philippine Workers Enterprising Traders issued it to me,
Ma’am.
Q11: What do you think is the purpose of this identification card?
A: This identification card serves as a proof that I am employed by
the respondent company Philippine Workers Enterprising
Traders, Ma’am.
Q12: I show to you this Employment Contract referred to as “Annex
___”. Do you know this?
A: Yes, Ma’am. It is the contract of employment I signed on _________.
Q13: The employment contract states that you are employed as a
probationary employee for six months. Is this true?
A: Yes, Ma’am. There is a statement in the employment contract that
I am being employed as a probationary employee for six months
because I have read the entire contents of such employment
contract.
Q14: What happened after the expiration of that six-month period?
A: I continued working for the respondent company as a roving
merchandiser.
Q15: How long did you continue working for the respondent company?
A: I continued working for the respondent company until July 31,
2018 when the company terminated my and may co-
complainants’ services.
Q16: What did the company said when they terminated you as its
employee?
A: We were verbally informed by our field supervisor that our
employment would be terminated because of the expiration of our
employment contracts.
Q17: Do you know Mr. Tabe D. Dak?
A: Yes, Ma’am. He is our field supervisor who verbally informed us
that our employment will be terminated on July 30, 2018.
Q18: What happened after that?
A: I, together with my co-complainant, did not report to work as we
were told that we were terminated.
IN WITNESS WHEREOF, I have hereunto set my hand this
_____________________.
Pining Gercia
Affiant
LAWYER’S ATTESTATION
I, ATTY. ANNIE RUH WALLANG, under my own oath as a lawyer,
hereby attest that I conducted the examination of the witness, that I
have faithfully recorded the questions I asked and the corresponding
answers that the witness gave, and that neither I nor any other person,
then present or assisting me. coached the witness regarding her
answers.
IN WINESS WHEREOF, I here sign my name this __________ at
Baguio City, Philippines.