REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
CORDILLERA ADMINISTRATIVE REGION
MANONGDO BLDG. 17 PRIVATE RD.,
MAGSAYSAY AVE., BAGUIO, 2600 BENGUET

OFFICE OF LABOR ARBITER KAREN MANG-USAN

ROOM 311, 3RD FLOOR, NLRC BUILDING

JONALYN BEDKING-BALOLANG,

Complainant,

NLRC RAB CAR

- Versus - CASE NO. CAR-113478-09

EMING-MILO MANPOWER SERVICES

INC.; AND SAYED AL-HAMADAH

Respondents.

x-------------------------------------------------------x

POSITION PAPER
FOR THE COMPLAINANT

The COMPLAINANT, pro se, respectfully states:

I. STATEMENT OF FACTS

1. The complainant is JONALY BEDKING BALONG, 29 years old, Filipino, and

residing at #554 PUROK 3 GIBRALTAR, BAGUIO CITY.

2. The two respondents in this case are the following:

(a) EMING-MILO MANPOWER SERVICE INC. (Local Employer);

(b) Mr. SAYED AL-HAMADAH (Principal Foreign Employer).

3. Her nature of work is a Domestic Helper.

4. She was hired by the respondents on March 10, 2016.

5. The contract between the complainant and the respondents have a duration of two
(2) years to be counter from her date of arrival in Al-Khobar, Saudi Arabia.

6. The contract which the complainant signed with respondent EMING-MILO

MANPOWER SERVICES INC. stated that she will receive a monthly salary of 400 US
Dollars. Her salaries were paid to her every 10th of the month.

6. Her latest monthly salary amounted to 300 US Dollars per month (as of December
10, 2016).

7. Included in her contract is she was provided a rest day of one (1) day every after
two (2) weeks of each month.

Annex “A” – EMPLOYMENT CONTRACT, dated January 5, 2016;

· Annex “B” – COMPUTATION OF ANNUAL INCOME.

8. She arrived in Al-Khobar, Saudi Arabia on April 11, 2016.

9. The complainant, however, during her whole stay in the household of MR. SAYED
AL-HAMADAH, received only a salary of 300 US Dollars per month instead of the 400
US Dollars that was indicated in the contract she signed with EMING-MILO
MANPOWER SERVICES INC. in the Philippines.

10. When she ask her employer MR. HAMADAH about the 100 US Dollars deficiency,
MR. HAMADAH answered that the 100 US Dollars that was being deducted from her
monthly salary is for the payment of her plane ticket coming to Saudi Arabia.

11. MS. BEDKING BALOLANG did not raise the issue anymore of the 100 US Dollars
deficiency in her monthly salary for fear of losing her job.

12. In the early morning of January 13, 2017, her employer MR. AL-HAMADAH woke
her up asking for the whereabouts of the gold bracelet which belongs to his wife,
SAFIYAH AL-HAMADAH.
13. The complainant, answered the respondent that she has never seen the bracelet
he was talking about.

14. The respondent then when out her room but returned after 3 (three) hours, this
time ordering her to pack her belongings because he is taking her to the police for
stealing his wife’s gold bracelet.

15. The complainant, knowing that theft is a serious crime under Saudi Law, begged
the respondent not to take her to the police and repeated that she does not have the
gold bracelet he was mentioning and that she has never seen it.

16. The respondent, thereafter, forced her to his car and drove her to the house of his
brother who is married to a Filipina, but she does not know her name.

17. In the house of the respondent’s brother, the complainant can hear them speaking
is Arabic but she could not understand anything.

18. At around one-thirty (1:30pm) in the afternoon, the Filipina wife of the respondent’s
brother approached her and said that they are taking her to the Philippine Embassy in
Riyadh.

19. The Filipina wife of the respondent’s brother warned her not to say anything
anymore unless she wants to have her hands cut-off just like what they do to thieves in
Saudi Arabia.

20. After hours of driving, they arrived in the gate of the Philippine Embassy in Riyadh.
The complainant immediately alighted the automobile of the respondent’s brother and
run towards the Philippine Embassy in panic.

21. The complainant stayed in a shelter for abused Filipino employees in Saudi Arabia
for 3 months while waiting for the processing of her repatriation documents.

22. At 9:34 in the morning of April 2, 2017, the complainant arrived at the Ninoy
Aquino International Airport with only 87 US Dollars in her pocket, and a pair of jeans
and shirt in her backpack.
 The illegal acts of the respondents cause the complainant to be illegally
dismissed without just cause, and without being given the right to explain herself
to her defense. She also suffered extreme psychological trauma and anxieties,
sleepless nights, besmirched reputation and social humiliation.

The complainant is entitled to the refund of her placement fee amounting to

P25,000.00 plus legal interests, and the payment of the complainant’s salary of
twelve (12) months representing the unexpired portion of her contract amounting
to P245,941.45.

The complainant also deserves an award of MORAL DAMAGES of

P100,000.00, pursuant to the Civil Code; an award of EXEMPLARY DAMAGES of
P100,000.00 to serve as a lesson to society, pursuant to the same Code. Further,
he deserves an award of attorney’s fees equivalent to Ten Percent of the
damages awarded, pursuant to the Labor Code.

II. ISSUE

The issues are:

1. Whether or not the complainant has been illegally dismissed by his foreign
employer;

2. Whether or not the complainant is entitled to the reliefs prayed for in his
complaint on the ground of illegal dismissal by her foreign employer.

II. DISCUSSION

1. The respondents failed to present evidence that the complainant was guilty of
any of the grounds provided for by law for an employee to be dismissed;

Article 282 of the Code speaks of the just grounds to dismiss an employee.
“x x x.

ART. 282. Termination by employer. - An employer may terminate an

employment for any of the following causes:

(a) Serious misconduct or willful disobedience by the employee of the

lawful orders of his employer or representative in connection with his
work;

(b) Gross and habitual neglect by the employee of his duties;

 (c) Fraud or willful breach by the employee of the trust reposed in him by
his employer or duly authorized representative;

(d) Commission of a crime or offense by the employee against the person

of his employer or any immediate member of his family or his duly
authorized representatives; and

XXX.”

In the reiteration of the complainant of the events of her illegal dismissal, she was
merely woken up by her foreign employee accusing her of stealing a gold bracelet
which she has never seen at all.

The complainant was never given the opportunity to explain her side in her
defense, but rather, threatened to be surrendered to the Saudi police.

In the case of NEW PUERTO COMMERCIAL, ET. AL. VS. LOPEZ, ET. AL., GR
NO. 1699999, JULY 26, 2010, discussed DUE PROCESS OF LAW in labor
cases.

“x x x.

In order to validly dismiss an employee, he must be accorded both

substantive and procedural due process by the employer. Procedural due
process requires that the employee be given a notice of the charge against
him, an ample opportunity to be heard, and a notice of termination.

In termination proceedings of employees, procedural due process consists of the

twin requirements of notice and hearing. The employer must furnish the
employee with two written notices before the termination of employment can be
effected: (1) the first apprises the employee of the particular acts or
omissions for which his dismissal is sought; and (2) the second informs
the employee of the employer’s decision to dismiss him. The requirement of
a hearing is complied with as long as there was an opportunity to be heard, and
not necessarily that an actual hearing was conducted. As we explained in Perez
v. Philippine Telegraph and Telephone Company.

An employee’s right to be heard in termination cases under Article 277 (b) as

implemented by Section 2 (d), Rule I of the Implementing Rules of Book VI of the
Labor Code should be interpreted in broad strokes. It is satisfied not only by a
formal face to face confrontation but by any meaningful opportunity to
controvert the charges against him and to submit evidence in support
thereof.
 A hearing means that a party should be given a chance to adduce his
evidence to support his side of the case and that the evidence should be
taken into account in the adjudication of the controversy. Xxx.

X x x.”

2. The complainant is entitled to the reimbursement of her placement fee and plus
legal interests, and the payment of the unexpired portion of her employment
contract.

Under RA 10022:

Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to

read as follows:

XXX

"In case of termination of overseas employment without just, valid or authorized

cause as defined by law or contract, or any unauthorized deductions from the
migrant worker's salary, the worker shall be entitled to the full reimbursement if
his placement fee and the deductions made with interest at twelve percent (12%)
per annum, plus his salaries for the unexpired portion of his employment contract
or for three (3) months for every year of the unexpired term, whichever is less.

XXX

In the case of DI-STAFFBUILDERS INTERNATIONAL, INC., vs. NATIONAL LABOR

RELATIONS COMMISSION and ELEAZAR S. GRAN, G.R. No. 145587
October 26, 2007, the Supreme Court stated that:

XXX

For cases arising after the effectivity of R.A. No. 8042, when the termination of
employment is without just, valid or authorized cause as defined by law or
contract, the worker shall be entitled to the full reimbursement of his placement
fee with interest of twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for every
year of the unexpired term whichever is less.60

In the contract signed by the complainant with the respondents, the employment
contract shall be valid for a period of two (2) years from the date the employee arrived in
Al-Khobar, Saudi Arabia which is on April 11, 2016. Therefore, her employment contract
is until April 12, 2018. Since he was illegally dismissed on January 13, 2017, after the
effectivity of R.A. No. 8042, he is therefore entitled to backwages corresponding to the
unexpired portion of his contract, which was equivalent to Php 245,941.45.
 VI. PRAYER

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

declaring that the complainant has been ILLEGALLY DISMISSED by the respondents.

FURTHER, it is respectfully prayed that the respondents be ordered to pay or issue to

the complainant, as the case may be:

(a) BACKWAGES from the date of his illegal dismissal on January 13, 2017 up
to the time his contract ends on April 12, 2018, amounting to Php 245,941.45

(b) REFUND of Placement Fee of Php 25,000.00

(c) MORAL DAMAGES of P100,000.00.

(d) EXEMPLARY DAMAGES of P100,000.00.

(e) Attorney’s fees of Ten Percent of Damages AWARDED.

(f)

FINALLY, the complainant respectfully pays for such and other reliefs as may be
deemed just and equitable in the premises.

ATTY. IVY LILY CRUZ AGUAS

Roll of Attorney’s No. 07294; May 2, 2014
IBP No. 92789 (Lifetime)
PTR No. 208765; 06-18-2015; Baguio City
MCLE Compliance No. III- 0072010
(April 16, 2016)
 VERIFICATION

I, JONALYN BEDKING BALOLANG, of legal age, Filipino, Single and a resident

of #554 PUROK 3 GIBRALTAR, BAGUIO CITY after having been duly sworn in
accordance with law, depose and state that:

1. I am a Complainant in the above-stated case;

2. I caused the preparation of the foregoing position paper;

3. I have read the contents thereof and the facts stated therein are true and correct of
my personal knowledge and/or on the basis of copies of documents and records in my
possession;

___________________________

Affiant

Republic of the Philippines

City of _________________

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ at

_________________ affiant exhibiting to me his/her
_______________________(PROOF OF IDENTITY) issued on ________________
20___ at ______________.

Doc. No.______; NOTARY PUBLIC

Page No.______;

Book No.______;

Series of 2017.
Copy Furnished:

RIA REVITA
Roll of Attorney’s No. 24681; May 4, 2014
IBP No. 09876 (Lifetime)
PTR No. 5566778; 03-11-2015; Baguio City
MCLE Compliance No. III- 0054327
(June 3, 2016)

JACQUELINE MALIAMAN
Roll of Attorney’s No. 78903; May 7, 2015
IBP No. 37894 (Lifetime)
PTR No.234561; 03-8-2012; Baguio City
MCLE Compliance No. IV- 0087893
(July 5, 2015)