REPUBLIC OF THE PHILIPPINES

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch No. VII
Cebu city

JUAN DELA CRUZ

Complainant RAB VII Case No. 01-0003-11

-versus-

LUGOD MAKERS
Respondent

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POSITION PAPER

RESPONDENT by the undersigned counsel and unto this Honorable Labor

Arbitration Office, most respectfully submits this position paper and avers the
following to wit:

PREFERATORY STATEMENT

The Complainant in this case is JUAN DELA CRUZ, of legal age, married, with
post office address at Urgello Street Cebu city where he could be served with
summons and other legal processes of this Honorable Office.

The Respondent is LUGOD MAKERS, a business establishment owned by

Pedro Pindoko, with postal address of 123 Maya St. Maria Luisa Village, Cebu city
where the said representative could be served with summons and other legal
processes of this Honorable Office.

STATEMENT OF FACTS

The Complainant was formerly an employee of Lugod Makers since July 2013.
His salary is Php150 per day. During that time he was employed there were several
things missing in the company premises and he was always the prime suspect. On
August 1, 2007, Complainant was asked to buy some items in the local hardware
where he surrendered a tampered looking receipt amounting to Php3,000 to his boss.
He was asked about why the receipt looks tampered but he never answered back to
 render an explanation hence the owner got mad and told Complainant to never show
his face again. On September 3,2007 Complainant was asked to return to work via a
return to work order.When complainant returned to work he was given a Notice
of investigation asking him to appear in a formal investigation and return the
tampered receipt. After a brief argument with the owner the complainant did not
return to work and filed a labor case against Lugod Makers on December 3,2007.

ISSUES

1. WHETHER OR NOT THE COMPLAINANT WAS ILLEGALLY DISMISSED AND

WAS AFFORDED THE PROCEDURAL PROCESS.

COMPLAINANT WAS NOT ILLEGALLY DISMISSED.

The Complainant is not illegally dismissed for Pedro Pindoko, owner of Lugod
Maker issued an return to work order on Septermber 3,2007. Upon returning to work
employer afforded the employee an opportunity to be heard regarding the issue by giving
him a Notice of Investigation. Instead of clearing his name Complainant resulted to
arguing with the employer and left without notice. Nor did the Complainant show up in
the investigation for procedural due process to take place.

Clearly employer has legal grounds in terminating employment of the Complainant.

Complainant was guilty of serious misconduct for he has argued with the employer and
willfully kept silent when confronted on the issue regarding the tampered receipt.
Complainant is also guilty of willful disobedience for he willfully ignored the Notice of
Investigation and he failed to return to the employer the receipt in the issue.
Complainant was also guilty of breach of trust by presenting a tampered receipt to the
employer.

Procedural due process was afforded to the Complainant when employer issued a
return to work order and Notice of Investigation.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Labor Arbiter, that decision be rendered to wit:

1. Declaring the termination of the herein Complainant as legal.

2. Ordering Complainant to pay for the Attorneys fees to the Respondent.

Other reliefs just and equitable under the premises are also prayed for.
 RESPECTFULLY SUBMITTED.

Cebu city, Septermber 17,2016.

Atty. Lola S. Gwapa

(Counsel for the Respondent)
Cebu city
Roll of Attorneys No. 12345
IBP No. 67891
MCLE Compliance No. III -098766

Copy Furnished: (By registered mail)