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CHUANICO
STAPLE RICE SUPPLY AND
LUCITA
DELA
CRUZ
SERMONIA,
Respondents.
x---------------------------------------------x
REPLY
Complainant, by counsel, to this Honorable Office, by
way of reply to respondents Staple Rice Supply and Lucita
Dela Cruz Sermonias position paper, dated 06 August 2015,
most respectfully sets forth the following:
Complainant would like to stress that the allegations
stated in respondents Staple Rice Supply and Sermonias
position paper, dated 06 August 2015, are peddled lies
concocted to serve their self-serving interests. The same are
just product of their wild and barren imaginations which sole
purpose is to desperately justify their illegal acts of
dismissing complainant, without any justified ground or
cause at all. This is so plain and clear to be mistaken.
While admitting that she owns the business Staple Rice
Supply, respondent Sermonia, in an evasive manner, refuses
responsibility over the illegal dismissal of the complainant by
advancing the theory that complainant was never her
employee.
Labindalawang oras (12 hours) akong nagtratrabaho araw-araw. Wala po akong day-off.
Pati araw ng Linggo po ay pumapasok ako;
8.
Sa akin pong pagtra-trabaho ay hindi
po ako binabayaran ng night shift differential,
overtime pay, rest day pay at holiday pay.
Hindi rin po ako binabayaran ng 13th month
pay at ng service incentive leave pay. Pati po
sa coverage ng S.S.S., Pag-ibig, at Philhealth
ay hindi ako ibinilang ng aking amo;
9.
Dahil sa nahahalata ko na walang
pinapipirmahan sa aking papel na nagsasabi
na ako ay regular na empleyado na ng Staple
Rice Supply, sa kabila ng mahigit isang taon
ng panunungkulan sa kumpanya, minsan ay
tinanong ko po si Madam Lucita Dela Cruz
Sermonia ukol dito. Tinanong ko rin po siya
tungkol sa umento sa aking sahod. Sinagot
po ako ni Ginang Sermonia na magsipag lang
po ako sa trabaho at tataasan niya ang aking
sahod at ire-regular niya na ako;
10. Ako naman po ay umasa sa kanyang
sinabi kaya lalo po akong nagsipag at
nagsumikap sa aking trabaho. Kaya tumagal
po ako ng apat (4) na taon sa kumpanya. Ang
paglilingkod ko dito ay pinutol lamang ng
isang hindi katanggap-tanggap na dahilan;
xxx
No credence should be given to Sermonias contention
that she could not have employed complainant because the
latter was a Brgy. Kagawad who just offered his service to
watch over the delivery trucks of the respondent company
without any intention of entering into an employment
contract with her. As proof that complainant was never a
barangay kagawad is a certification from Punong Barangay
Eduardo S. Bade, ATTACHED HERETO AS ANNEX A,
attesting to the fact that complainant was never a barangay
kagawad of Barangay 138 Zone 12, District 1 of the City of
Caloocan;
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.
OTHER RELIEFS deemed just and equitable under the
premises are likewise prayed for.
Quezon City, 20 August 2015.
LAWIN
(Legal Advocates for Workers INterest)
Counsel for the Complainant
Room 206, Jiao Building
2 Timog Avenue, Quezon City
Email address: lawin2setufree@yahoo.com
Telefax (02) 373-18-44
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
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