Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. V
Quezon City

JOSE L. MANUEL,
Complainant,

-versus- NLRC RAB V CASE NO. _________

JLM RECRUITMENT OFFICES, INC.,

JUANITA MANANSALA, President,
JOHN MIGUEL, Human Resource Manager,Respondents.
x---------------------------x

amPOSITION PAPER FOR THE COMPLAINANT

COMPLAINANT by the undersigned counsel and unto this HonorableLabor Arbitration Office, most
respectfully submits this position paper andavers the following to wit:

PREFATORY STATEMENT

Consequently, the complainant filed the present complaint before thisHonorable Labor Arbitration
Office last March 2, 2017 specifically prayingfor reinstatement and claiming for payment of backwages,
moral, nominal andexemplary damages.

THE PARTIES

Complainant Jose L. Manuel (hereinafter referred to as complainantManuel) is a of legal age, Filipino,

single and a resident of 14

th

Avenue, EastRembo, Makati City NCR 1216. He can be served with notices, orders,

resolutions and other processes of this Honorable Labor Arbitration Branch atthe address of
his undersigned counsel.Respondent JLM RECRUITMENT OFFICE, INC. (hereinafterreferred to as
respondent JLM Recruitment Offices) is a Philippinecorporation operating as a recruitment agency
engaged in outsourcing andplacement of various positions to different companies. It may be served
withsummons, orders, resolutions and other processes of this Honorable Office atJade Building, West
Avenue, Quezon City NCR 1104.Respondent JUANITA MANANSALA (hereinafter referred to
asrespondent Manansala) is the President of respondent JLM RecruitmentOffices. She is of legal age,
Filipino and with office address at Jade Building,West Avenue, Quezon City NCR 1104 where she may
be served with notices,orders and resolutions of this Honorable Labor Arbitration Office.Respondent
JOHN MIGUEL (hereinafter referred to as respondentMiguel) is the Human Resource Manager of
respondent JLM RecruitmentOffices. He is of legal age, Filipino and with office address at Jade
Building,West Avenue, Quezon City NCR 1104 where he may be served with notices,orders and
resolutions of this Honorable Labor Arbitration Office.

STATEMENT OF THE CASE

1.

On May 12, 2015, the parties entered into an Employment Contract forcomplainant Manuel as a security
guard in JLM Recruitment Offices,Quezon City Branch under the following terms, to wit:

That the complainant shall be employed for two years beginningfrom May 2015 to May 2017.

That the complainant shall receive a basic monthly salary of Php12, 500.00, exclusive of overtime pay.

That the complainant shall render full eight-hour shift fromMondays to Fridays, from 7:00 AM until 4:00
PM.

That the complainant’s post is subject to monthly reassignment

subject to the discretion of the Human Resources Department,Main Office (Quezon City Branch).2.

On his first month complainant Manuel was assigned in Quezon CityBranch, on his second month at
Makati Branch, on his third month atCaloocan South Branch and on his fourth month back to Quezon
CityBranch.3.

Normally, the notice of reassignment is given to all security guards oneweek prior to transferring to
another branch. But on his supposed to befifth month, he did not receive such notice of reassignment.

3
4.

Immediately, he asked the security officer in charge but he was notgiven any valid explanation, further
stating that he only disseminatedwhat was given to him by the HR department, Main Office.5.

On the fifth month of the complainant, Manuel, knowing that he wasnot assigned in any branch of JLM
Recruitment Offices, went to the HRDepartment to ask where he should render his post. He talked with
theavailable HR personnel in the office. According to the latter, he cannot

answer any of the complainant’s questions as he is not in charge with

the monthly reassignment of security guards, and that he would just setan appointment for the herein
complainant and the HR Manager.6.

The HR personnel did not actually gave a specific date and told thecomplainant to follow up the said
appointment as the HR Manager isquite busy with the interviews of the applicants.7.

From October 2015 until April 2016, the complainant was not givenany post. Likewise, he did not receive
any salary the entire sevenmonths. Manuel did not fail to follow up his meeting with HR manageras
advised by the HR personnel. However, his request to talk with theHR Manager was not granted.8.

For a long period of time, the complainant has no other means toproduce income to sustain his daily
living; thus, results to his financialstruggle.9.

Complainant, Manuel decided to seek the assistance of the Commissionregarding his floating status of
employment with the respondentemployer, JLM Recruitment Offices.

PROPOSED ISSUES TO BE RESOLVED

1.

Whether or not the complainant was illegally dismissed.2.

Whether or not the complainant is entitled to reinstatement.3.

Whether or not the complainant is entitled to payment of backwages,moral, nominal and exemplary
damages.

DISCUSSION / ARGUMENTS

Complainant Manuel thru undersigned counsel respectfully submits inthe affirmative for all the issues.

THE COMPLAINANT WAS ILLEGALY DISMISSEDBY WAY OF CONSTRUCTIVE DISMISSAL.

The complainant in this case was illegally dismissed thru constructivedismissal. Constructive dismissal
occurs when there is cessation of workbecause continued employment is rendered impossible,
unreasonable, orunlikely as when there is a demotion in rank or diminution in pay or when aclear
discrimination, insensibility, or disdain by an employer becomesunbearable to the employee leaving the
latter with no other option but to quit(The University of Immaculate Conception v. NLRC, G.R. No.
181146,January 26, 2011).In the instant case, the complainant has was not given any definiteanswer as
to why he was not given his new post; nor shall he was given hismonthly basic salary as stipulated in the
contract within the span of sevenmonths. The HR Manager did not even bother to explain his current
status andat least advise if he will be still given a post on the next months. It cannot bedenied that his
employment has been rendered impossible, unreasonable, orunlikely.Inasmuch as the illegal dismissal is
concerned, Article 277 (b) of theLabor Code specifically requires the employer to furnish the worker
oremployee sought to be dismissed with two written notice, i.e., a notice whichapprises the employee
of the particular acts or omission for which hisdismissal is sought, and a subsequent notice which
informs the employee of

the employer’s decision to dismiss him (Kiamco vs. NLRC, G.R. No. 129449,

June 29, 1999). In the present case, any of such notices was not received bythe complainant.It must be
borne in mind that the basic principle in termination cases isthat the burden of proof rests upon the
employer to show that the dismissal isfor just and valid cause, and failure to do so would necessarily
mean that thedismissal was not justified and, therefore, was illegal (Polymedic GeneralHospital v. NLRC,
G.R. No. 64190, January 31, 1985, 134 SCRA 420; andalso Article 277 of the Labor Code).

THE COMPLAINANT IS ENTITLEDTO REINSTATEMENT.

Article 279 of the Labor Code provides as follows:An employee who is unjustly dismissed from work shall
be entitled toreinstatement without loss of seniority rights and other privileges andto his full
backwages, inclusive of allowances, and to his other benefits

or their monetary equivalent computed from the time his compensationwas withheld from him up
to the time of his actual reinstatement.The present case unjustly and constructively terminates
thecomplainant without justifiable ground. Hence, he is entitled to thereinstatement pursuant to the
Labor Code.

THE COMPLAINANT IS ENTITLED TO PAYMENT OFBACKWAGES, MORAL, NOMINAL

AND EXEMPLARYDAMAGES.
Evidently, the respondents violated the statutory right of the hereincomplainant pursuant to the Article
279 of the Labor Code.In the case of MCMER CORPORATION, INC. vs. NLRC (G.R. No.193421 , June 4,
2014), as regards to constructive dismissal, the award of fullbackwages, separation pay in lieu of
reinstatement, moral, exemplary andnominal damages

is in order pursuant to Article 279 of the Labor Code.Furthermore, in the case of Lim vs. NLRC (GR
No. 79907 March 16, 1989),the Supreme Court uphold the award of moral as well as exemplary
damagesin view of the bad faith attendant to the treatment of the employee. In the caseof Jenny
Agabon and Virgilio Agabon vs. NLRC (G.R. No. 158693,November 17, 2004), for illegal dismissal
committed by the employer, theywere ordered to indemnify the employee for the violation of his
statutory rightwhich warrants the indemnity in the form of nominal damages.The foregoing facts
provided that the complainant is deemed proper toreceive the damages prayed for due to illegal
dismissal by way of constructivetermination.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

that judgment be issued declaring that the complainant has been ILLEGALLYDISMISSED by way of
CONSTRUCTIVE DISMISSAL by the respondentsand that the complainant is entitled
to REINSTATEMENT.FURTHER, it is respectfully prayed that the respondents be ordered topay or issue to
the complainant, as the case may be:1.

BACKWAGES from the date of his constructive dismissal on October2015 up to the time he
is REINSTATED to his former position withoutloss of seniority and other benefits.

2.

MORAL DAMAGES of P50, 000.00.3.

EXEMPLARY DAMAGES of P100, 000.00.4.

NOMINAL DAMAGES of P10, 000.00.FINALLY, the complainant respectfully pays for such and
other reliefs asmay be deemed just and equitable in the premises.Most respectfully submitted.Quezon
City, Philippines. March 2, 2017.

JOSE L. MANUEL

Complainant/s

OFFICE OF THE LEGAL AID

Polytechnic University of the Philippines

Sta. Mesa, Metro Manila, Philippines

Counsel for Complainant

BY:________________________________

Roll of Attorneys No. _______

IBP No. __________; __/__/__; ___________

PTR No. __________; __/__/__; ___________

MCLE Compliance No. ___________; __/__/__

Email Address: ________________________

Tel. / Cel. Nos. __________/______________

Signing under Law Student Practice Rule(Pursuant to Rule 138-A of the Revised Rules of Court)BY:

JESSICA JOYCE P. PEÑALOSA

Office of the Legal Aid

Polytechnic University of the Philippines

Sta. Mesa, Metro Manila, Philippines

Email Address: 1227jessicapenalosa@gmail.com

Tel. / Cel. Nos. : 0935-5694741COPY FURNISHED:

JLM RECRUITMENT OFFICES, INC.

Jade Building,West Avenue,Quezon City

ATTY. JEREMY L. MANOLO

Counsel of the Respondents

7th Floor Opal Building,Meralco Avenue,Pasig City

EXPLANATION

Copies of the foregoing Position Paper are being filed and serviced throughpersonal service.Signing
under Law Student Practice Rule(Pursuant to Rule 138-A of the Revised Rules of Court)BY:

JESSICA JOYCE P. PEÑALOSA

Office of the Legal Aid

Polytechnic University of the Philippines

Sta. Mesa, Metro Manila, Philippines

Email Address: 1227jessicapenalosa@gmail.com

Tel. / Cel. Nos. : 0935-5694741