You are on page 1of 2

FIFTH ISSUE: (NOMINAL DAMAGES, EXEMPLARY DAMAGES AND MORAL DAMAGES)

Cleary, the Respondent violated the statutory right of the herein complainant
i.e. his right to be furnished of the two written notice prior to dismissal as specifically
provided by Article 277 (b) of the Labor Code of the Philippines. In a case like this,
the proper award is nominal damages under the Civil Code as it is aimed to vindicate
the right to procedural due process violated by the employer. In the case of Jenny
Agabon and Virgilio Agabon vs. NLRC (G.R. No. 158693, November 17, 2004), for
lack of statutory due process, the employer was ordered to indemnify the employee
for the violation of his statutory right which warrants the indemnity in the form of
nominal damages.

Likewise the herein Complainant is entitled to moral damages because the


dismissal of the complainant was attended by bad faith of constitutive of an act
oppressive to labor. In the case of Lim vs. National Labor Relations Commission [GR
No. 79907 March 16, 1989], the Supreme Court uphold the award of moral as well
as exemplary damages in view of the bad faith attendant to the treatment of the
employee.

In the instant case, there is no other plausible explanation for the acts (or its
conspicuous absence) of the Respondent of the manner wherein the Complainant
was deprived of his employment except bad faith.

PRAYER

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 illegal and


further, ordering Respondent to pay unto the Complainant separation
pay, the 13th month pay for the year 2010 and his salary for December 1
to 6, 2010.

2. Ordering the Respondent to pay to the Complainant the salary


differential due to him.

1
3. Ordering the Respondent to pay to the Complainant his SERVICE
INCENTIVE LEAVE PAY, HOLIDAY PAY, REST DAY PREMIUM PAY AND
OVERTIME PAY that were all deprived from him during his entire
employment with the Respondent.

4. Furthermore, it is likewise prayed unto the Honorable Labor Arbiter


to order the Respondent to pay the herein Complainant nominal damages
in the amount of Php 10,000.00 for not affording to the complainant the
procedural due process, the amount of Php 100,000.00 as moral damages
and the amount of Php 50,000.00 as exemplary damages.

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

RESPECTFULLY SUBMITTED.

Tacloban City, February 24, 2011.


The PUBLIC ATTORNEYS OFFICE
(Counsel for the Complainant)
Tacloban District Office
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

By:

NEMITZ F. NEGADO
Public Attorney II
Roll of Attorneys No. 40747
IBP No. 05045 (Lifetime)
MCLE Compliance No. III - 0017029
(June 2, 2010)

Copy furnished: (by Registered Mail)

NILDA L. ROCA Registry Receipt No._________


Burauen Quality Bread Bakeshop Date Mailed:_______________
San Luis Street
Burauen, Leyte

(VERIFICATION ON THE NEXT PAGE)

You might also like