Republic of the Philippines

Department of Labor and Employment

National Labor Relations Commission
REGIONAL ARBITRATION BRANCH NO. VII
Cebu City, Philippines

Hon. Milagros B. Bunagan – Cabatingan

Labor Arbiter

JOEL WALAWALA,
Complainant,
CASE NO. NLRC RAB VII 07-1693-19

-versus- FOR: Illegal Dismissal and Other

Money Claims

CASTILEX INDUSTRIAL
INC. / ROGELIO RUAMAR.
Respondents.
x-------------------------------------/

POSITION PAPER
(For the Respondents)

Respondents, thru the undersigned counsels, unto this Honorable

Labor Arbitration Branch, respectfully file this Position Paper and state
that;

I. Statement and Nature of the Case

1.1. This is a case of illegal dismissal filed by herein

Complainant against herein Respondents;

1.2. Respondents respectfully pray for the outright dismissal of

the instant complaint on the ground that the herein Complainant has
no cause of action against the respondents as there was no existing
employer-employee relationship between them.

II. Parties to the Case

2.1. Complainant JOEL WALAWALA (hereinafter referred to

as “Mr. Walawala” or “the Complainant” for brevity) is of legal age,
Filipino citizen, married and a resident of Cabangcalan, Mandaue City
where he may be served with the notices, legal papers and processes
intended for or emanating from this Honorable Labor Arbitration
Branch in relation to the instant case;
 Joel Walawala vs Castilex/Rogelio Ruamar
NLRC RAB Case No. 07-1693-19
Respondents Position Paper

2.2. Respondents CASTILEX INDUSTRIAL INC. (the

“Respondent” for brevity), is a corporation organized and existing
under and by virtue of the laws of the Republic of the Philippines, with
principal office at Cabangcalan, Mandaue City. Respondent ROGELIO
RUAMAR, is of legal age, Filipino citizen, married and a resident of
Cabangcalan, Mandaue City. Both respondents are herein represented
by the undersigned counsels with law office address at Unit 12, RD
Realty Bldg., Colon St., Cebu City, where they may be served with the
notices, legal papers and processes intended for or emanating from this
Honorable Labor Arbitration Branch in relation to the instant case.

III. Statement of Antecedent Facts

3.1. The Complainant and respondent Mr. Ruamar are long-

time friends and neighbours in Cabangcalan, Mandaue City since year
2000. In fact, respondent Ruamar is one of the godparents of Mr.
Walawala’s child;

3.2. Respondent Mr. Ruamar is engaged in furniture designing

and furniture accessories-making since 1998 and whose service can be
availed of on a per project basis;

3.3. Mr. Ruamar was contracted by several furniture companies

in Cebu including respondent Castilex Industrial Inc. for various
projects involving furniture designing and polishing and furniture
accessories-making which can be done outside the company premises;

3.4. The transaction between respondent Mr. Ruamar and

respondent Castilex Industrial Inc. is covered by a contract called “Job
Order”, which summarizes the terms and conditions governing the
transaction. A copy of the Job Order is hereto attached and marked as
Annex “1” and made as an integral part of this Position Paper;

3.5. For projects which require more than one person,

respondent Mr. Ruamar will tap complainant Joel Walawala to help
him accomplish the project. Thereafter, they will share the contract
price in accordance with their agreed proportion;

3.6. The last engagement between the complainant and the

respondents was in June 2019;

3.7. Sometime in the third week of June 2019 the Complainant

had ask respondent Ruamar for a project on which the latter responded
in negative since there was no request from any furniture company and
even from respondent Castilex for their service;

Page 2 of 5
 Joel Walawala vs Castilex/Rogelio Ruamar
NLRC RAB Case No. 07-1693-19
Respondents Position Paper

3.8. Out of necessity, Mr. Walawala requested from respondent

Ruamar to borrow money amounting Php1,700.00 which was
immediately granted by the latter;

3.9. However, in July 2019 respondent Ruamar was shock upon

receiving a summons in connection with the illegal dismissal case filed
by his kumpare Mr. Joel Walawala against him;

3.10. During the mandatory conferences, respondent Ruamar

offered to give Ten Thousand Pesos (Php10,000.00) to the complainant
just to buy peace and without going into the merit of the case.
However, Mr. Walawala ignored the offer and vigorously insisted his
claims for holiday pay, service incentive leave, 13 th month pay,
separation pay, and backwages;

3.11. Since no settlement was reached during the mandatory

conferences before this Honorable Labor Arbitration Branch, the
parties were required to submit their respective position papers.
Hence, this Position Paper.

IV. Issues

4.1. Whether or not there is an employer-employee

relationship between the complainant and the respondents;

4.2. Whether or not complainant was illegally dismissed by

the respondents;

4.3. Whether or not complainant is entitled to money claims.

V. Arguments and Discussion

There is no employer-employee
relationship between the
complainant and the respondents.

6.1. The burden of proof rests upon the party who asserts the
affirmative of an issue.1 Since it is Mr. Walawala here who is claiming
to be an employee of Castilex Industrial, Inc. and Mr. Ruamar, it is thus
incumbent upon him to proffer evidence to prove the existence of
employer-employee relationship between them;

6.2. He needs to show by substantial evidence that he was

indeed an employee of the company against which he claims illegal
dismissal;

1
Jack C. Valencia vs Classique Vinyl and CMS, G.R. No. 206390, January 30, 2017

Page 3 of 5
 Joel Walawala vs Castilex/Rogelio Ruamar
NLRC RAB Case No. 07-1693-19
Respondents Position Paper

6.3. Corollary, the burden to prove the elements of an

employer-employee relationship, viz.: (1) the selection and engagement
of the employee; (2) the payment of wages; (3) the power of dismissal;
and (4) the power of control, lies upon Mr. Walawala;

6.4. During the mandatory conferences, Mr. Walawala was not

able to present any document that would prove his claim as an
employee of the respondents aside from his bare allegation;

6.5. That failure of Mr. Walawala to present evidence of his

employment is a resounding affirmation of the fact that there was no
employer-employee relationship existing between the parties;

6.6. Mr. Walawala was not able to present his employment

contract, Company ID, government and other records that would
prove that he was selected and engaged as an employee of the
respondents;

6.7. The nature of the engagement between Mr. Ruamar and

Castilex and other furniture companies is purely contractual as
evidenced by a Job Order2;

6.8. There was no payment of wages because Mr. Ruamar and

the complainant were paid with the equivalent contract price as
provided in the Job Order;

6.9. Thereafter, Mr. Ruamar and Mr. Walawala shared the

contract price in accordance with their agreed sharing scheme;

6.10. While there is a specification of the project mentioned in

the Job Order, the respondents has no power of control as to the
conduct of Mr. Walawala and as to how he accomplished the project;

6.11. Noteworthy is the fact that there is no record that will

show that Mr. Walawala was engaged by the respondents in a regular
basis. He was just tapped if and when the project requires more than
one person;

6.12. In view of the above disquisition, it finds no necessity to

dwell on the issue of whether Mr. Walawala was illegally dismissed by
the respondents and whether the latter is liable for Mr. Walawala's
money claims.

PRAYER

2
See Annex “1”

Page 4 of 5
 Joel Walawala vs Castilex/Rogelio Ruamar
NLRC RAB Case No. 07-1693-19
Respondents Position Paper

WHEREFORE, in view of the foregoing, it is hereby most

respectfully prayed upon this Honorable Labor Arbiter to DISMISS the
instant complaint for lack of cause of action against the respondents and
to DENY complainant’s money claims against the respondents for utter
lack of factual and legal basis;

Other reliefs just and equitable under the premises are likewise
prayed for.

RESPECTFULLY SUBMITTED.

Cebu City, Philippines. September 30, 2019.

By:

ATTY. DARYL ANDREW C. MONTECLAR, CPA

Counsel for the Respondents
Roll No. 70561
PTR No.: 1660291, January 04, 2019 - Cebu City
IBP No.: 21143576, January 08, 2019 - Cebu Chapter
MCLE Compliance No. VI – 0010810
Valid Until April 14, 2022
Office Address: Unit 12, RD Realty Bldg., Colon St., Cebu City
Contact Account: 09177931367/monteclar143@yahoo.com

Copy furnished:

JOEL WALAWALA
Complainant
Cabangcalan, Mandaue City
Cebu, Philippines

Page 5 of 5