John Dominic T. Buhangin Labor Law Review I Prof. G.

Santos

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
PPSTA BLDG., BANAWE AVE., QUEZON CITY

OFFICE OF LABOR ARBITER x x x

ROOM 311, 3RD FLOOR, PPSTA BLDG.

Kapisanan ng mga Highly Skilled Workers of the Philippines,

Complainant,
NLRC RAB NCR
- Versus - CASE NO. NCR-

Bernard Ong.

Respondent.
x-------------------------------------------------------x

POSITION PAPER FOR THE COMPLAINANT

The COMPLAINANT, pro se, respectfully states:

I. Statement of the Facts

1. Bernard Ong was born in Beijing, China. His mother is a Filipino, his father a
Chinese.

2. He grew up to be a scholar and at the age of 21, he was sought after by so many
companies because of his intellect.

3. San Miguel Corp. hired Bernard to head its technical division.

4. His employment however was objected to through a petition filed by the Kapisanan
ng mga Highly Skilled Workers of the Philippines

5. They argue that Bernard must first secure an alien working permit before being
allowed to work.

II. Arguments

6. Bernard Ong is not qualified to work in the Philippines and must secure an Alien
Workers Permit from the pertinent government office:
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos

a. That Mario, born before January 17, 1973, did not elect Philippine citizenship
by the time he reached the age of majority;

b. That Mario continued to stay and is a resident of Beijing, China.

III. Discussion

7. Article IV, Section 1, paragraph 3 of the 1987 Constitution states:

a. Section 1. The following are citizens of the Philippines:

i. x x x;

ii. x x x;

iii. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority;

iv. x x x

8. Assuming arguendo that Bernard Ong was born prior to January 17, 1973, he must
then elect Filipino citizenship by the time he reached the age of majority. Not only
that, he must do so within a reasonable time.

9. The reasonable time duration has been pegged by the Supreme Court to be within
three years. This is highlighted in the case of Re: Application for Admission to the
Philippine Bar v. Ching, B. M. No. 914, 1999. The Court said regarding the
reasonable time to elect Filipino citizenship:

a. The clause upon reaching the age of majority has been construed to mean a
reasonable time after reaching the age of majority which had been interpreted
by the Secretary of Justice to be three (3) years (Velayo, supra at p. 51 citing
Op., Sec. of Justice No. 70, s. 1940, Feb 27, 1940). Said period may be
extended under certain circumstances, as when a (sic) person concerned has
always considered himself a Filipino (ibid., citing Op. Nos. 355 and 422, s.
1955; 3, 12, 46, 86, and 97, s. 1953). But in Cuenco, it was held that an
election done after over seven (7) years was not made within a reasonable
time.

10. Assuming arguendo further that Bernard Ong was born prior to January 17, 1973, and
did not elect Filipino citizenship within reasonable time, then the Kapisanan ng mga
Highly Skilled Workers of the Philippines will have cause of action to compel Ong to
get an Alien Workers Permit given that he implicitly chose his fathers citizenship
absent any external act (oath of allegiance, submission to civil registry of documents
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos

pertaining to his election of Philippine citizenship, exercise of the right of suffrage,

participation in election exercises, etc.) to choose Philippine citizenship.

IV. WHEREFORE, premises considered, it is respectfully prayed that judgment be issued

in favor of the Kapisanan ng mga Highly Skilled Workers of the Philippines and
require Bernard Ong to avail of an Alien Workers Permit before being able to work
in the Philippines.

Xxx City, July 8, 2017.

MR. XXX XXX

Complainant
Address: x x x.

SUBSCRIBED AND SWORN TO BEFORE ME in xxx City on July 8, 2017,

affiant showing his competent proof of identity as follows: LTO Drivers License No.
x x x.

Notary Public
Doc. No.
Page No.
Book No.
Series of 2017.

Copy Furnished:

Atty. Xxx Xxx

Counsel for Respondents