Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch VII
Cebu City

DOREN ABAYON (PRO-

DIGIES, INC.), MARK
GENESIS APURADO (PRO-
DIGIES, INC.), CERYLL
BAGA (PRO-DIGIES, INC.),
JONALYN BONCALES
(PRO-DIGIES, INC.),
ROCEL DIEZ (PRO-DIGIES,
INC.), JE-AN DIOLA (PRO-
DIGIES, INC.), JEFFREY
PEPITO (PRO-DIGIES,
INC.), and NAILYN
RAMOS (PRO-DIGIES,
INC.)
Complainants, NLRC RAB-VII CASE NO. 10-1919-18
(Honorable Labor Arbiter Maria Ada
-versus- Aniceto-Veloso)

LIWAYWAY MARKETING
CORPORATION- CEBU
WORKERS UNION (LIWU)-
ALLIANCE OF
NATIONALIST GENUINE
LABOR ORGANIZATIONS
(ANGLO-KMU), ELVEN T.
CAMBAYA, EDJUN
TABADA, CHARLOTTE
MALUYA, SAMMIE
CASTRO, ROLLY FLORES,
NORWIN GALLARDO
AND CAS MAHILUM
 Respondents.

REY BRIGOLI (CEBU EASY

GEN. SERVICES CORP.),
RUEL ESPANTO (CEBU
EASY GEN. SERVICES
CORP.), ELAN ESTRERA
(CEBU EASY GEN.
SERVICES CORP.), ARCEL
PESCADOR (CEBU EASY
GEN. SERVICES CORP.),
IGLEN RICAFORT (CEBU
EASY GEN. SERVICES
CORP.), ALVIN RIZON
(CEBU EASY GEN.
SERVICES CORP.),
JOSELITO SALONOY
(CEBU EASY GEN.
SERVICES CORP.), RANDY
SARNO (CEBU EASY GEN.
SERVICES CORP.), EDWIN
YAP (CEBU EASY GEN.
SERVICES CORP.) and
JESIE ZAMORA (CEBU
EASY GEN. SERVICES
CORP.)
Complainants, NLRC RAB-VII CASE NO. 10-1926-18
(Honorable Labor Arbiter Maria Ada
-versus- Aniceto-Veloso)

LIWAYWAY MARKETING
CORPORATION- CEBU
WORKERS UNION (LIWU)-
ALLIANCE OF
NATIONALIST GENUINE
LABOR ORGANIZATIONS
(ANGLO-KMU), ELVEN T.
CAMBAYA, EDJUN
TABADA, CHARLOTTE
MALUYA, SAMMIE
CASTRO, ROLLY FLORES,
NORWIN GALLARDO
AND CAS MAHILUM
Respondents.

IDO DOMALAOCO (CEBU

EASY GEN. SERVICES
CORP.), REY OTOD (CEBU
EASY GEN. SERVICES
CORP.) and RENANTE
PAHURIRAY (CEBU EASY
GEN. SERVICES CORP.),
Complainants, NLRC RAB-VII CASE NO. 10-1927-18
(Honorable Labor Arbiter Maria Ada
-versus- Aniceto-Veloso)

LIWAYWAY MARKETING
CORPORATION- CEBU
WORKERS UNION (LIWU)-
ALLIANCE OF
NATIONALIST GENUINE
LABOR ORGANIZATIONS
(ANGLO-KMU), ELVEN T.
CAMBAYA, EDJUN
TABADA, CHARLOTTE
MALUYA, SAMMIE
CASTRO, ROLLY FLORES,
NORWIN GALLARDO
AND CAS MAHILUM
Respondents.
x- - - - - - - - - - - - - - - - - - - - - x
 POSITION PAPER

Complainants, DOREN ABAYON (Pro-digies, Inc.), MARK

GENESIS APURADO (Pro-digies, Inc.), CERYLL BAGA (Pro-digies,
Inc.), JONALYN BONCALES (Pro-digies, Inc.), ROCEL DIEZ (Pro-
digies, Inc.), JE-AN DIOLA (Pro-digies, Inc.), JEFFREY PEPITO (Pro-
digies, Inc.), NAILYN RAMOS (Pro-digies, Inc.), REY BRIGOLI
(Cebu Easy General Services Corp.), IDO DOMALAOCO (Cebu
Easy General Services Corp.), RUEL ESPANTO (Cebu Easy General
Services Corp.), ELAN ESTRERA (Cebu Easy General Services
Corp.), REY OTOD (Cebu Easy General Services Corp.), RENANTE
PAHURIRAY (Cebu Easy General Services Corp.), ARCEL
PESCADOR (Cebu Easy General Services Corp.), IGLEN
RICAFORT (Cebu Easy General Services Corp.), ALVIN RIZON
(Cebu Easy General Services Corp.), JOSELITO SALONOY (Cebu
Easy General Services Corp.), RANDY SARNO (Cebu Easy General
Services Corp.), EDWIN YAP (Cebu Easy General Services Corp.)
and JESIE ZAMORA (Cebu Easy General Services Corp.), most
respectfully submit this Position Paper for the consideration of the
Honorable Labor Arbiter, and in support thereof, states:

PARTIES

1. Complainants, DOREN ABAYON (Pro-digies, Inc.) is a

Filipino, of legal age, married and residing at Brgy. Banban,
Bogo, Cebu City, where she may be served with summons,
pleadings, motions, orders, and other legal processes, MARK
GENESIS APURADO (Pro-digies, Inc.) is a Filipino, of legal
age, married and residing at Tabok, Mandaue City, Cebu
where he may be served with summons, pleadings, motions,
orders, and other legal processes, CERYLL BAGA (Pro-
digies, Inc.) is a Filipino, of legal age, married and residing
at Tayud, Liloan, Cebu c/o Brgy. hall, where she may be
served with summons, pleadings, motions, orders, and other
legal processes, JONALYN BONCALES (Pro-digies, Inc.) is
a Filipino, of legal age, married and residing at Sudlon,
Maguikay, Mandaue City, where she may be served with
summons, pleadings, motions, orders, and other legal
processes, ROCEL DIEZ (Pro-digies, Inc.) is a Filipino, of
legal age, married and residing at Tayud, Liloan, Cebu,
where she may be served with summons, pleadings,
motions, orders, and other legal processes, JE-AN DIOLA
(Pro-digies, Inc.) is a Filipino, of legal age, married and
residing at Pilit Cabancalan, Mandaue City, where she may
be served with summons, pleadings, motions, orders, and
other legal processes, JEFFREY PEPITO (Pro-digies, Inc.) is
a Filipino, of legal age, married and residing at Panugnawan,
Medellin, Cebu, where he may be served with summons,
pleadings, motions, orders, and other legal processes,
NAILYN RAMOS (Pro-digies, Inc.) is a Filipino, of legal
age, married and residing at Almers, Tabok, Mandaue City,
Cebu, where she may be served with summons, pleadings,
motions, orders, and other legal processes, REY BRIGOLI
(Cebu Easy General Services Corp.) is a Filipino, of legal
age, married and residing at Damolog, Sogod, Cebu, where
he may be served with summons, pleadings, motions, orders,
and other legal processes, IDO DOMALAOCO (Cebu Easy
General Services Corp.) is a Filipino, of legal age, married
and residing at Sudlon, Maguikay, Mandaue City, where he
may be served with summons, pleadings, motions, orders,
and other legal processes, RUEL ESPANTO (Cebu Easy
General Services Corp.) is a Filipino, of legal age, married
and residing at Sudlon Villa Fatima, Maguikay, Mandaue
City, where he may be served with summons, pleadings,
motions, orders, and other legal processes, ELAN ESTRERA
(Cebu Easy General Services Corp.) is a Filipino, of legal
age, married and residing at Sudlon, Maguikay, Mandaue
City, where he may be served with summons, pleadings,
motions, orders, and other legal processes, REY OTOD
(Cebu Easy General Services Corp.) is a Filipino, of legal
age, married and residing at Casuntingan, Mandaue City,
where he may be served with summons, pleadings, motions,
orders, and other legal processes, RENANTE PAHURIRAY
(Cebu Easy General Services Corp.) is a Filipino, of legal
age, married and residing at Sudlon, Maguikay, Mandaue
City, where he may be served with summons, pleadings,
motions, orders, and other legal processes, ARCEL
PESCADOR (Cebu Easy General Services Corp.) is a
Filipino, of legal age, married and residing at Kawayanan
Yati, Liloan, Cebu, where he may be served with summons,
pleadings, motions, orders, and other legal processes, IGLEN
RICAFORT (Cebu Easy General Services Corp.) is a
Filipino, of legal age, married and residing at Guihulngan
City, Negros Oriental, where he may be served with
summons, pleadings, motions, orders, and other legal
processes, ALVIN RIZON (Cebu Easy General Services
Corp.) is a Filipino, of legal age, married and residing at
Hipodromo, Cebu City, where he may be served with
summons, pleadings, motions, orders, and other legal
processes, JOSELITO SALONOY (Cebu Easy General
Services Corp.) is a Filipino, of legal age, married and
residing at Suba Masulog, Basak, Lapu-lapu City, where he
may be served with summons, pleadings, motions, orders,
and other legal processes, RANDY SARNO (Cebu Easy
General Services Corp.) is a Filipino, of legal age, married
and residing at Pulpogan Consolacion, Cebu, where he may
be served with summons, pleadings, motions, orders, and
other legal processes, EDWIN YAP (Cebu Easy General
Services Corp.) is a Filipino, of legal age, married and
residing at Tayud, Consolacion Cebu, where he may be
served with summons, pleadings, motions, orders, and other
legal processes, and JESIE ZAMORA (Cebu Easy General
Services Corp.) is a Filipino, of legal age, married and
residing at Sudlon, Maguikay, Mandaue City, where he may
be served with summons, pleadings, motions, orders, and
 other legal processes (hereafter referred to as
“Complainants”).

2. Respondent, LIWAYWAY MARKETING CORP - CEBU

WORKERS UNION (LIWU) - ALLIANCE OF
NATIONALIST GENUINE LABOR ORGANIZATIONS
(ANGLO – KMU) (hereafter referred to as “Respondent
Union”) is a chartered local of Alliance of Nationalist and
Genuine Labor Organizations (ANGLO – KMU), a labor
organization duly organized and existing under Philippine
Laws, and duly registered with the Department of Labor and
Employment, with powers to sue and be sued.

Respondent Union is not a union existing in Liwayway

Marketing Corporation, a corporation duly organized under
Philippine laws, with powers to sue and be sued, where
Complainants are stationed.

Respondent Union is composed of officers and members;

ELVEN T. CAMBAYA is the President of the Respondent
Union, EDJUN TABADA is the Union Vice-President,
CHARLOTTE MALUYA is the Union Treasurer, SAMMIE
CASTRO, ROLLY FLORES AND NORWIN GALLARDO
are Union Members, and CAS MAHILUM is said to be the
Union Organizer.

For purposes of this Petition, the acts complained of as

described in this Paper were committed or performed by
Respondent Union acting through these officers and
members, including its agents, representatives and any and
all persons acting in their behalf or under their direction
(hereafter collectively referred to as “Respondents”).

Respondents may be served with summons, decision, orders,

notices and other legal processes of this Honorable
 Commission at their office address at 2/F Memeles Bakehaus
Bldg., Mabini cor. Eduardo Aboitiz St., Parian, Cebu City.

STATEMENT OF FACTS

ALLEGATIONS COMMON TO ALL:

1. Liwayway Marketing Corporation (hereafter referred to

as LMC) is a corporation duly organized and existing
under Philippine laws, with powers to sue and be sued. In
the conduct of its regular business, maintains and
operates several plants nationwide where it manufactures,
distributes, and markets its popular “Oishi” snack
products. 1

2. LMC has a Plant located in Sudlon, Maguikay, Mandaue

City. In its Maguikay Plant are LMC’s regular workers
and employees of its legitimate job contractors that it has
corresponding Service Agreements with, which are (1)
Golden Mac Manpower and General Services or “Golden
Mac”2, (2) Jed Agency and Allied Services or “Jed Agency”3,
(3) Pro-digies, Inc. or “Pro-digies”4, and (4) Cebu Easy General
Services Corporation or “Cebu Easy Gen”5.

1 A copy of Liwayway Marketing Corporation’s Amended Articles of Incorporation is attached

hereto as Annex “A” and made an integral part hereof.
2 A copy of Golden Mac Man power and General Services or Golden Mac’s Service Agreement

with LMC is attached hereto as Annex “B” and made an integral part hereof. Also attached hereto
and made integral part hereof are copies of Golden Mac’s Certificate of Business Name
Registration (Annex “B-1”) and DOLE Certificate of Registration (Annex “B-2”)
3 A copy of Jed Agency and Allied Services or Jed Agency’s Service Agreement with LMC is

attached hereto as Annex “C” and made an integral part hereof. Also attached hereto and made
integral part hereof is a copy of the Certificate of Registration with DOLE Regional Office No. VII
(Annex “C-1”)
4 A copy of Pro-Digies, Inc. (“Pro-Digies”) Service Agreement with LMC is attached hereto as

Annex “D” and made an integral part hereof. Also attached hereto and made integral part hereof
is a copy of the Certificate of Registration as a legitimate labor contractor issued by the DOLE
Regional Office No. VII (Annex “D-1”)
5 A copy of Cebu Easy General Services Corporation (“Cebu Easy Gen”)’s Service Agreement

with LMC is attached hereto as Annex “E” and made an integral part hereof. Also attached hereto
 3. Complainants are such employees of the legitimate job
contractors deployed at the Maguikay Plant of LMC,
which LMC has corresponding Service Agreements with,
specifically, Pro-digies, Inc. and Cebu Easy General
Services Corporation.

4. On August 24, 2018, both the LMC Employees and the

employees of its legitimate job contractors at the
Maguikay Plant were prevented from entering the Plant
because a union referred to as “LIWAYWAY
MARKETING CORPORATION-CEBU WORKERS
UNION-ANGLO-KMU” (Respondent Union) blocked,
obstructed and impeded the free ingress to and egress
from the Maguikay Plant. Thus, the LMC Employees as
well as the employees of its legitimate job contractors
were prevented, stopped and barred from entering the
Maguikay Plant premises and from reporting to work.6

5. In preventing, stopping or barring the workers, the

Respondent Union assembled in the middle of the road,
approximately thirty (30) meters away from the gate, and
formed a human barricade/blockade, thereby obstructing
and impeding the free ingress to and egress from the
Maguikay Plant.7

6. Stoppage of the business operations then resulted as the

Respondent Union stopped LMC employees and
employees of the legitimate job contractors who are not
members of the Respondent Union and who did not join

and made integral part hereof is a copy of its Certificate of Registration as legitimate labor
contractor (Annex “E-1”)
6 Copies of the photographs showing that complainants were prevented from entering the Plant

and that respondent Union blocked and obstructed the ingress to and egress from the Plant are
attached hereto as Annex “F”
7 Copies of the Affidavits of witnesses of the incident are attached hereto as Annexes “G” to “AA”

and made integral parts hereof.

 in their concerted activities from entering the Plant and
therefore from working.8

7. Subsequent days after, particularly on August 25, 26 and

28, 2018, in addition to preventing the LMC employees
and employees of the legitimate job contractors from
entering the Maguikay Plant, they were also met with
threats and intimidation of physical harm if they insisted
in entering therein. The Respondents committed the
following prohibited and unlawful acts, to wit: 9

a. Staged concerted activities in the middle of the road,

around thirty (30) meters away from the gate
(entrance/exit) of the Maguikay Plant;
b. Blocked, impeded and obstructed the free ingress to
and egress from the Maguikay Plant;
c. Prevented, stopped and barred LMC employees, its
trucks and other vehicles, and the employees of the
aforementioned legitimate job contractors from
entering the Maguikay Plant and from working;
d. Threatened and intimidated with physical harm LMC
employees and the employees of the legitimate job
contractors who wanted to enter the Maguikay Plant to
work (the foregoing acts are collectively referred to as
“acts complained of”).

8. The non-striking workers of both LMC and its legitimate

job contractors had made several verbal requests and
demands to the Respondents for them to be allowed to
enter so that they can resume work so as to obtain their
wages. However, these requests and demands were
unjustly ignored and left unheeded by them.10

8 Ibid.
9 Please see Annexes “G” to “AA” hereof.
10 Ibid.
 9. It is important to emphasize that Respondent Union is not
even a union existing in LMC nor is it the sole and
exclusive bargaining agent of its employees11, considering
that the employees Respondent Union seeks to represent
are employees of LMC’s legitimate job contractors and not
LMC’s own employees.

10.From August 24, 2018 until September 23, 2018, the

Respondents had prevented, stopped and barred LMC
employees and the employees of its legitimate job
contractors who are not members of the Respondent
Union, who do not want to participate in the strike but
who would just like to report to work, from entering the
Maguikay Plant.12 It was only on September 24, 2018 that
the LMC employees and the employees of its legitimate
job contractors were able to resume work and LMC to
resume operations since the acts complained of,
committed by the Respondent Union had ceased.13

11. As a result, the employees who failed to report to work,

had been displaced and had no source of income from
August 24, 2018 until September 23, 2018. Plainly, the acts
complained of disrupted and caused the stoppage in the
business operations of the Maguikay Plant to the great
damage and prejudice of LMC, their employees and the
employees of its legitimate job contractors.

12. Additionally, although the LMC employees and the

employees of its legitimate job contractors were permitted
to resume work in the Maguikay Plant starting September
24, 2018 until November 7, 2018, work stoppage again
ensued on November 8, 2018 due to the act of

11 A copy of the certification from Liwayway Marketing Corporation that respondent union is
unrecognized and not an existing union is hereto attached as Annex “AB”.
12 Please see Annexes “G” to “AA” hereof.
13 Ibid.
 Respondents in disallowing LMC delivery trucks and
personnel from entering the Maguikay Plant. Because
such LMC trucks and personnel were prevented from
entering the Maguikay Plant, the stocks of the products
reached the maximum capacity for the Plant’s storage. As
there were no LMC delivery trucks and personnel to
deliver the stocks, LMC was constrained to issue a work
stoppage order until the time the Respondents would not
prevent such delivery trucks and personnel.14

13.All these circumstances have undoubtedly led to the

deprivation of the Complainants’ use of income that
should have rightfully pertained to them if not for the acts
complained of committed by the Respondents. The
Complainants suffered mental anguish, sleepless nights,
wounded feelings, and mental anxiety, through the
following circumstances:15

a. Since the Complainants were deprived of their

employment, they were left troubled about being able
to cover their own daily expenses and that of their
families’.
b. Some of the Complainants are breadwinners of their
respective families. Their families undeniably rely on
the Complainants’ hard-earned salary for their
sustenance.
c. The legitimate job contractors, despite their willingness
to give aid to their displaced employees, were unable
to find other employment within such short notice16,
putting the Complainants in a situation where they are
left with no choice but to wait for the cessation of the
acts complained of.
14 Please see Annexes “G” to “AA” hereof.
15 Ibid.
16 Copies of the Affidavits of representatives from Pro-digies, Inc. and Cebu Easy General

Services Corporation are attached hereto as Annexes “AC” and “AD” and made integral parts
hereof.
 d. Some of the Complainants, not originally from Cebu
City or Mandaue City, were forced to go back to their
respective hometowns because of the lack of income
and their inability to sustain their day-to-day expenses
within Cebu City or Mandaue City area.

SPECIFIC ALLEGATIONS:
14. MS. DOREN ABAYON—

15. MR. MARK GENESIS APURADO

16. MR. CERYLL BAGA

17. MS. JONALYN BONCALES

18.MS. ROCEL DIEZ -

On August 24, 2018 at around 5 pm, he saw a crowd gathered outside
his office blocking the ingress of the Plant. She learned that those
night shift workers were not allowed to enter the Plant and that those
who came in early before the night shift starts including him were
allowed entry but once they go out the Plant, they cannot anymore
get inside.

The following day, August 25, 2018, as she was about to enter her 6
am shift, she together with all the workers were prevented from
entering the Plant. Since she was pregnant, she did not insist in
entering the plant and stayed away from the big crowds as her
primordial concern is her safety and that of her child.

On the same day, she was advised by their Sales Manager that they
will report temporarily at the LMC’s Labogon Warehouse. For the
whole duration of the strike, they worked in the Labogon Warehouse.
Supposedly, had the strike did not happen she and her husband had
already plans for their wedding but when the strike happened she
was not able to earn overtime.
Although the Labogon Warehouse was nearer to her place, she still
had to spend the same transportation expenses17.

19. MS. JE-AN DIOLA -

She was recruited many times by members of the Liwayway
Marketing Corporation-Cebu Workers Union- ANGLO-KMU and
enticed to join their organisation and upon joining them the benefits
such as regularisation and salary increase of P750 per day will be
demanded.

While she was about to enter her 6 am shift on August 25, 2018, she
was prevented from entering the plant and she personally saw the
placards and signage while the Union members shouting
“Makibaka” and “Makig-Bisog”.

That she attempted to approach the human barricade but the Union
stood their ground. As they try to move forward, the Union members
will try to “elbow” and push back the LMC men workers who were
in the front line. In fact she even saw one worker of LMC even left the
pair of his shoes due to the force and aggression of the Union
members. As a result of the stoppage of work, she was unable to
remit money to her parents in Negros because she has no salary
anymore. In fact, she had to depend to her elder brother for the
payment of the lease of her boarding house. More so, her old and
sickly father was constrained to find a part time job in order for them
to have food on their table for the day and the upcoming days ahead.
18

20. MR. JEFFREY PEPITO-

At around July 2018, he was once told by Rizza Tabada, the wife of
the Union’s Vice President, Edjun Tabada, that he must not allow
himself to be used by the management.
17
Copy of the Affidavit of Complainant Ms. Rocel Diez is attached hereto as Annex “K” and made an
integral part hereof.
18
Copy of the Affidavit of Complainant Ms. Je-An Diola is attached hereto as Annex ‘L” and made an
integral part hereof.
That around mid-July, in one of his breaks while walking towards the
store to have his meal, he heard some members of the Union
shouting towards his direction saying, “Kamo ra’y gi ilad” and while
on his way back to his station area from her break, Elvin Cambaya
the President of the Union, came near him and intentionally flicked
his right arm saying “Kung di nimo respotohon ang Union, di sad mi mu
respeto nimo” . Also another Union member gave him a light push in
the back.

On August 24, 2018, when he arrived for his 6pm shift, the Union
refused to let anyone enter and when Rizza Tabad saw him that
night, she told him that “Di najud ka kasulod, Pepito”.

On the next day, August 25, 2018, Complainant and his co-workers
penetrated again to enter the plant barricaded by the Union members
but when the Complainant and his co-workers pleaded them to
allow them to enter the plant, the Union members would only reply,
“Kaila mo unsay strike”. He even heard Cas Mahilum shout towards
them, “Para madali ang management, sipporta mo tanan” to which he
replied “Wa mo katungod mu strike kay agency ra ta, wa nay obligasyon
ang Liwaway.”

As he was situated in the front line, Innocencio “Mista” Villamero, a

Union organizer told him “Unsa imo gisaligan?” He then attempted to
lunge forward towards me but was restrained by his fellow Union
members.

By reason of the stoppage of their work on the basis of “no work, no

pay”, the Prodigies offered them cash advances deductible from the
actual salary due to them.
Since the two weeks after the strike first started and LMC still has not
regained operations, Complainant decided to go home to Medellin
and be with his parents.
On September 24, 2018, as they were fiannly able to enter the
premises, when he entered the plant, Innocencio “Mista” Villamero
pointed at me and told me “Wala pata mahuman ha” .

Then on September 25, 2018, for his evening shift, Innocencio “Mista”
Villamero was by the gate of the Maguikay plant and as he was
making his way in, Mista Villamero would try to block his way,
however when he reached the entrance, Mista pressed against him
and pushed him away thereby preventing him from getting inside
the plant. Hence, he was unable to report for his PM shift that day. 19

21. MS. NAILYN RAMOS-

On August 24, 2018, as she was leaving from her day shift at 6 pm,
she personally saw the crowd of Union members slowly forming at
the entrance/exit of the plant but they just allowed them to leave the
plant.

On August 28, 2018, she joined the crowd of regular and contractual
workers in attempting to penetrate the Union’s human barricade, but
the Union still would not let anyone enter.

As they were unable to receive their salary due, Pro-digie thereafter

offered them cash advances which were deductible from their actual
earning due to them.

Since the complainant’s salary was primarily intended for the school
expenses of her child, she was constrained to execute a promissory
note to pay for the tuition which in turn, lead to more expenses since
they had to pay for the interest as well.20

22. MR. REY BRIGOLI

19
Copy of the Affidavit of Complainant Mr. Jeffrey Pepito is attached hereto as Annex “M” and made an
integral part hereof.
20
Copy of the Affidavit of Complainant Ms. Nailyn Ramos is attached hereto as Annex “N” and made an
integral part hereof.
23. MR. IDO DOMALAOCO

24. MR. RUEL ESPANTO

25. MR. ELAN ESTRERA

26. MR. REY OTOD

27. MR. RENANTE PAHURIRAY

28. MR. ARCEL PESCADOR

29. MR. IGLEN RICAFORT

30. MR. ALVIN RIZON

31. MR. JOSELITO SALONOY

32. MR. RANDY SARNO

33. MR. EDWIN YAP

34. MS. JESIE ZAMORA

35.Hence, these workers rationally maintained not to take the

law in their own hands and are now seeking refuge under
the existing labor laws, with the hope of bringing back
what it used to be a peaceful place of work and industry.
Thus, the Complainants are forced to seek legal services
and file a complaint.

CAUSES OF ACTION

36. Based on the foregoing allegations, the Complainants

plead the following causes of action against the
Respondents:
 a. That the concerted activities committed by the
Respondents, accompanied by the acts complained of
made it an unlawful act on the part of the Respondents,
as according to law 21 or the rules and regulations
promulgated by the Department of Labor and
Employment22;

b. That the acts complained of prevented, stopped or

barred the Complainants from entering the Maguikay
Plant, and therefore preventing them from reporting
for work, in which they were deprived of their daily
salary;

c. That the Complainants are entitled to recover the

amount of the lost income which would have pertained
to them within August 24, 2018 to September 23, 2018,
and from November 8, 2018 until resumption of
work23;

d. That since the acts of complained of are unlawful and

contrary to morals, good customs and public policy,
and, done with bad faith and malice, Complainants are
entitled to moral and exemplary damages24;

e. That since Complainants were forced to litigate to

vindicate their rights, they are entitled to an award of
attorney’s fees25.

21 Article 258, 260(a), 278, and 279(e) of the Labor Code of the Philippines; Article 3, Section 8 of
the 1987 Philippine Constitution; Article 32 and 1701 of the New Civil Code
22 Rule IV, Section 3(b) of the Revised National Conciliation and Mediation Board Manual of

Procedures for Conciliation and Preventive Mediation Cases, 2017 Edition

23 A copy of the total amount recoverable and its computation is hereto attached as Annex “AE”

and made an integral part thereof

24 Article 21 and 32 of the New Civil Code
25 Article 2208 of the New Civil Code
 ISSUES

Complainants respectfully submit the following issues for

resolution:

I. WHETHER OR NOT THE UNION IS GUILTY OF

UNFAIR LABOR PRACTICE;
II. WHETHER OR NOT THE UNION IS GUILTY OF AN
ILLEGAL STRIKE;
III. WHETHER OR NOT THE UNION IS GUILTY OF
PROHIBITED ACTS IN THEIR CONDUCT OF
STRIKE;
IV. WHETHER OR NOT THE COMPLAINANTS ARE
ENTITLED TO THE RECOVERY OF UNEARNED
WAGES AS ACTUAL DAMAGES;
V. WHETHER OR NOT THE COMPLAINANTS ARE
ENTITLED TO MORAL AND EXEMPLARY
DAMAGES AND ATTORNEY’S FEES.

ARGUMENTS AND DISCUSSION

PRAYER