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CHUANICO
STAPLE RICE SUPPLY AND
LUCITA
DELA
CRUZ
SERMONIA,
Respondents.
x---------------------------------------------x
POSITION PAPER
Complainant, ALEXANDER B. ACERO, by counsel, to
this Honorable Office, most respectfully submits this Position
Paper in support of his Complaint as follows:
PREFATORY STATEMENT
It is the policy of the state to assure the
right of workers to "security of tenure"
(Article XIII, Sec. 3 of the New Constitution,
Section 9, Article II of the 1973 Constitution).
The guarantee is an act of social justice.
When a person has no property, his job may
possibly be his only possession or means of
livelihood. Therefore, he should be protected
against any arbitrary deprivation of his job.
Article 280 of the Labor Code has
construed security of tenure as meaning that
"the employer shall not terminate the
services of an employee except for a just
cause or when authorized by the Code.
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1.
Ako ay regular na manggagawa ng Staple
Rice Supply na matatagpuan sa De Jesus St.,
Bagong Barrio, Caloocan City;
2.
Ako ay nagsimulang magtrabaho
naturang kumpanya noong March 03, 2011;
sa
3.
Bilang isang caretaker o taga-bantay ng
mga trailer trucks na may mga lamang bigas, ako ay
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3.
Due to the failure of the parties to amicably
resolve their issues during the mandatory conference, the
III.
IV.
DISCUSSION/ARGUMENTS
COMPLAINANT
IS
A
REGULAR
EMPLOYEE OF RESPONDENT STAPLE
RICE SUPPLY
Art.
280.
Regular
and
casual
employment. The provisions of written agreement
to the contrary notwithstanding and regardless of
the oral agreement of the parties, an employment
shall be deemed to be regular where the employee
has been engaged to perform activities which are
usually necessary or desirable in the usual business
or trade of the employer, except where the
employment has been fixed for a specific project or
undertaking the completion or termination of which
has been determined at the time of the engagement
of the employee or where the work or service to be
performed is seasonal in nature and the employment
is for the duration of the season.
COMPLAINANTS
CLEARLY ILLEGAL
DISMISSAL
IS
COMPLAINANT
IS
CLEARLY
ENTITLED TO ALL THE MONEY
CLAIMS
HEREIN
CLAIMED
INCLUDING DAMAGES, ATTORNEYS
FEES, LITIGATION AND THE LIKE
EXPENSES INCLUDING COST OF THE
SUIT.
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PRAYER
WHEREFORE, in view of all the foregoing, it is most
respectfully prayed for that after due consideration, a
DECISION BE RENDERED in favor of the Complainant as
follows:
1.
DECLARING
complainant
EMPLOYEE of the respondents;
as
REGULAR
2.
DECLARING
complainant
to
have
been
ILLEGALLY DISMISSED and was DENIED DUE PROCESS;
3.
DIRECTING
respondents
to
immediately
REINSTATE the complainant to his former position without
loss of seniority rights and other privileges under the law and
the payment of his FULL BACKWAGES , inclusive of
allowances, and to other benefits or their monetary
equivalent computed from the time his compensation was
withheld from him up to the time of his actual reinstatement;
4.
HOLDING respondents SOLIDARILY LIABLE for
other monetary claims herein demanded as well as
DAMAGES in the amount of ONE HUNDRED THOUSAND
(P100,000.00)
PESOS as moral damages and TWO
HUNDRED
THOUSAND
(P200,000.00)
PESOS
as
exemplary damages; and
5. DECLARING respondents SOLIDARILY LIABLE to
reimburse complainant all his litigation and other related
expenses, including attorneys fees equivalent to ten (10%)
percent of the total monetary award.
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ERNESTO R. ARELLANO
PTR No. 0560896; 01-05-15; Q.C.
IBP No. 0981335; 01-05-15; CALMANA
ROLL No. 22660
MCLE No. IV-0017780; 22 April 2013
JASPER C. BALBOA
PTR No. 0595301; 01-06-15; Q.C.
IBP No. 0982982; 01-06-15; MANILA I
ROLL No. 63288
MCLE Compliance until April 14, 2016
Admitted to the Bar on 07 May 2014
Copy furnished: by hand and during hearing
STAPLE
RICE
SUPPLY
AND
LUCITA DELA CRUZ SERMINIA
Respondents
33-C Gen. Tirona Street, Bagong
Barrio, Caloocan City
VERIFICATION
AND CERTIFICATION ON NON-FORUM
SHOPPING
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2.
3.
ALEXANDER B. ACERO
Affiant
S.S.S. I.D .No. 33-1646221-6
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