Republic of The Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Arbitration Branch
Quezon City

HON. SHERWIN J. CASURAO

Labor Arbiter

EDGAR S. DELARMENTE, ET AL.,

Complainants,

-versus- NLRC NCR CN. 11-19401-18

FINMAT INTERNATIONAL
RESOURCES, INC./REYNALDO
DE JESUS,

Respondents,

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

REPLY
To Complainants’ Position Paper

RESPONDENT, through counsel, unto this Honorable Office, most

respectfully submit this reply to Complainants’ position paper, thus avers
that:

1. It is submitted that the complainants were never dismissed. Under

Arguments and Discussions paragraph 2, Complainants stated that
on October 6,2018, they were all called for by Mr. Henry Bensulto for
a meeting and said the words “huling araw ninyo na ngayon sa Lunes,
wag na kayong pumasok utos yan ni PM.” No such meeting occurred
and Mr. Bensulto strongly denies having released such a
pronouncement to the Complainants.

2. We also contend that Mr. Bensulto has never distributed copies of

“Resignation Letter”, or any other document to that effect, amongst
 the Complainants. Nor did he order the latter to sign any document
pertaining to resignation and/or dismissal.

3. No such order of dismissal, or anything to that effect, was issued by

Milan Residenze’s Project Manager, Engr. Charles Albert Dela Cruz.
Furthermore, there is no existing document validating that such
meeting ever occurred. Nor was there any official memorandum from
the FINMAT head office dismissing the complainants.

4. Milan – Residenze’s Timekeeper sent a Timekeeper’s Report, which is

attached as Annex A hereof, to FINMAT’s head office dated October
8,2018 and addressed to Ms. Maricon Jacob, Human Resource
Manager thru Mr. Harvey Olarte, admin staff, informing the former
that the Complainants were included on the list of temporarily
downsized workers from the Milan Project. Said report also stated
that the Complainants were advised to report to another FINMAT
project in Tagaytay but the Complainants refused to do so. The said
Timekeeper’s report was signed and noted by Milan – Residenze’s
Project Manager, Engr. Charles Dela Cruz

5. Complainants are not entitled to receive money claims based on

existing labor standards. As submitted by the Complainants in their
Position Paper, they are entitled to receive money claims from
Respondents because they were illegally dismissed. On the contrary,
they were not dismissed but merely assigned to another FINMAT
project so that the latter could cut costs with the Milan project. The
complainants were even advised to report for work in FINMAT’s
Tagaytay project but failed to do so.

6. FINMAT’s Human Resource Department issued several Internal

Memorandums and/or Return to Work Order dated February 15,
2019, attached as Annexes B to F hereof, informing the Complainants
to report to Euro Towers Milan Residenze Fairview from January
31,2019 until October 30,2019.

7. The Internal Memorandum and/or Return to Work Order also

reiterated the fact that the Complainants were not dismissed and that
their presence at the head office is required to discuss the
Complainants’ return to the project.

8. The Complainants are not entitled to moral and exemplary damages

nor are they entitled to receive attorney’s fees as they were not
dismissed from work.

9. The Respondents did not violate the Complainants’ Constitutionally

guaranteed right to security of tenure as the former did not dismiss
 the Complainants but, as herein discussed in the preceding
paragraphs, merely transferred to another project for the Respondent
to make financial ends meet at the Milan project.

WHEREFORE, premises considered, it is hereby respectfully prayed that

the foregoing Reply to Complainants’ Position Paper be given due credence
and consideration and that the complaint against Respondent be resolved
in favor of the latter.

Finally, Respondents respectfully prays that the claims and reliefs

claimed by Complainant be dismissed altogether and be not granted against
the former.

Quezon City, Metro Manila, February 27, 2019.

FINMAT INTERNATIONAL RESOURCES, INC./

REYNALDO C. DE JESUS
Respondents
Republic of the Philippines)

Quezon City

VERIFICATION

I, Respondent in the instant case, under oath, depose and say:

I. That I have caused the preparation of the foregoing Reply to

Complainants’ Position Paper;

II. That I have read and understood the contents thereof; and

III. That the allegations and defenses therein are correct and true to
the best of my knowledge and belief and based on authentic
records.

REYNALDO C. DE JESUS
Respondent/Affiant

SUBSCRIBED AND SWORN to before me, in the city/municipality of

__________________, this ___________ day of _________________,
20___________ by ___________________ with Passport No.
________________ issued at ___________________ on
______________, 20_____.

NOTARY PUBLIC
My commission expires Dec. 31, 20__
Not. Reg. No._____________________;
Page No.________________________ ;
Book ___________________________;
Series of 20___________