Republic of the Philippines

Department of Labor and Employment

National Capital Region
Malate, Manila City

IN RE: Petition for Certification

Election among the Regular
Rank and File Employees of
VALIANT ASIA PACIFIC CORP.
(formerly VALIANT PAPER
ASIA PACIFIC CORP.)

Association of Genuine Labor Organizations

(AGLO) in behalf of Local Chapter
VALIANT EMPLOYEES UNION-Association of
Genuine Labor Organizations (VEU-AGLO),
Petitioner.

Case No. NCR-CFO-CE-36-07-09

VALIANT ASIA PACIFIC CORP.

(formerly VALIANT PAPER
ASIA PACIFIC CORP.)
Company.
X---------------------------------X

OPPOSITION AGAINST PETITION FOR

CERTIFICATION ELECTION

Company, VALIANT ASIA PACIFIC CORPORATION (

VALIANT for brevity)unto this Honorable Office of the
Department of Labor and Employment, National Capital
Region, respectfully oppose and assail the subject
petition on the following grounds:

1. The members of the Local Chapter - VALIANT

EMPLOYEES UNION- Association of Genuine Labor
Organizations (VEU-AGLO) are employees of LUXOR
MANPOWER CORP., a legitimate job contractor licensed
under D.O.174-17 ;

2. The company entered into job contracting arrangement

with LUXOR MANPOWER CORP. by virtue of the Service
Agreement in accordance with the provisions of D.O. 174-

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17 and the petition should be properly lodged upon the said

manpower corporation ;

3. The basis for the filing of the petition is without legal

basis as there is an absence of employer-employee
relationship between the local chapter VEU-AGLO and
VALIANT;

4. Under D.O. 40-03, the petition for certification election

may be denied if there exists fraud, misrepresentation and
the absence of employment relationship;

5. There is no truth that the company employs more or

less Eighty (80) regular rank and file employees as the
members of the VEU-AGLO are either not connected with the
company or direct employees of LUXOR MANPOWER
CORPORATION;

6. It is therefore imperative that the petitioner should

prove that indeed there is an employment relationship
between the VEU-AGLO and VALIANT before the petition be
granted as the burden of proof lies upon them;

7. As it was settled that the party who alleges has the

burden of proof to prove its allegation. The petitioner must
submit supporting documents to prove their allegation
Otherwise, the petition must be denied;

8. The issuance of Charter Certificate is discretionary and

self-serving on the part of the Federation and can easily be
done even in the absence of local chapter members or want
of legal basis due to the absence of employer-employee
relationship;

9. We call the attention of the Honorable Office of Med-

Arbiter to look into the pattern of anomalous filing of the
federation of the petition for certification election on the
principal company using the agency employees as their local
members of the local chapter and later on staged a strike if
denied due to absence of employer-employee relationship
just like what happened to NUTRI-ASIA in Region 3 which
caused damage to business operations and loss of
employment of agency employees; and
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10. Company maintained and hereby submit its payrolls

viz-a viz its SSS, PHIL-HEALTH and Pag-IBIG remittances to
show proof that indeed the local members are not
employees of VALIANT.

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that the PETITION be denied due to fraud,
misrepresentation and absence of employer-employee
relationship.

Other reliefs, just and equitable under the

circumstances are likewise prayed for.

17 September 2018 , Valenzuela City,Philippines.

For : VALIANT ASIA PACIFIC CORP.

Copy furnished:

Atty. JAIME L. MIRALLES

National President
Association of Genuine
Labor Organization(AGLO)
RM.236, Regina Bldg.
Escolta, Manila