Republic of the Philippines

DEPARTMENT OF LABOR and EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
Quezon City
National Capital Region
RONALD RABEJE NICOLAS,
Complainant,
-versus-

NLRC CASE No. NCR-11-14335-14

Labor Arbiter: GUTIERREZ, JONALYN M.

ARIES WATER PROOFING AND ALLIED

SERVICES/EXPEDITO SANTOS,
Respondents.
X------------------------------------------X
REPLY
Complainant, assisted by the Public Attorneys Office, through the
undersigned Public Attorney and unto this Honourable Court, respectfully
states that:
1. Respondent Individual would like to impress this Honorable Court that
during the SENA as well as during the Preliminary Mandatory
Conferences, he asked Complainant to return to work. To be clear,
Respondent individual during the SENA offered a settlement of
P5,000.00 without asking Complainant to return to work and even
during the Conference before this Honorable Office, Respondent
Individual offered P10,000.00 without asking Complainant to return to
work;
2. Respondent Individual sent a return to work letter, a very informal
hand written letter to Complainant after the submission of the Position
Paper. This is very evident that that the return to work notice was just
an afterthought and was designed to evade liability under the law;
1

3. Respondent

mentioned

unsubstantiated

and

is

about

the

not the

payroll

issue

in

padding,
this

case.

this

was

If indeed

Complainant was involved in such alleged payroll padding before this

case was filed, Respondent individual should have issued a memo
against Complainant and should have dismissed him;
4. Respondent individual would like to impress this Honorable Court that
Complainant tried to delay work at Gerrys Grill Sta Mesa. For the
information of this Honorable Office, Complainant never delayed any of
his work. In fact Gerrys Grill Sta Mesa is a huge place and cannot be
finished for a week with only two (2) workers assigned;
5. Respondent individual even tried to tell before this Honorable Office
that he did the back job of the work at Gerrys Grill Sta Mesa, when in
truth and in fact it was Complainant who did the back job because he
was concerned about the work he started. And it should be noted, that
Respondent Individual does not know anything about the work of
Complainant.
PRAYER
WHEREFORE, it is most respectfully prayed unto this
Honorable Office that the judgment be rendered declaring the
dismissal of the herein complainant as ILLEGAL and ordering
the respondents to PAY the above money claims to the
complainant.
Other reliefs just and equitable under the premises are
likewise most respectfully prayed for.

Manila for Quezon City, 11 February 2015.

Department of Justice
PUBLIC ATTORNEY'S OFFICE
Manila District Office
th
4 Floor Godino Building
350 A. Villegas St., Ermita, Manila
Tel No. 400-9755
By:

Atty. DYANNE O. JOAQUIN

IBP NO. 957914, January 5, 2015
Roll of Attorney No. 59347
Email Add: attydyannejoaquin@gmail.com
MCLE Compliance No. IV 0011639