Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

National Capital Region
Banawe, Quezon City

HON. LABOR ARBITER ABC

Room xxx, PPSTA Building

X,
Complainant,

-vs- NLRC-NCR Case No.

Y
Respondents.
x--------------------------------------------------x

POSITION PAPER
(FOR THE COMPLAINANT)

-with-

OMNIBUS MOTION
(FOR THE AMENDMENT OF THE COMPLAINT &
PRODUCTION OF DOCUMENTS)

Complainant X (“X”), by counsel, in compliance

with the Order of this Honorable Commission,
respectfully submits his Position Paper and states:

THE PARTIES

1. X1 is an illegally terminated regular employee

of A. (“A”). He may be served with notices and other
processes of this Honorable Commission through his
undersigned counsel at the address indicated below.

2. Respondent A is a local subsidiary of a multi-

national conglomerate doing business in the Philippines
with office address located at ______________,
Philippines. It may be served with notices and other
processes of this Honorable Commission at its stated
address.

3. Private respondent Z (“Z”) is the Chief

Operating Officer of A and is being sued in both his
professional and personal capacities. Details and
allegations of his personal liabilities shall be discussed
below. He may be served with notices and other
processes of this Honorable Commission at the stated
office address of A.

ANTECEDENT FACTS

X1’s Work at A and his

Termination

4. X1 was hired by A on 05 January 2015 as the

Country Brand Manager and National Sales Manager for
Miller Beer. A is the exclusive importer of Miller Beer in
the Philippines.

5. Sometime on March 2017, A signed an

agreement with its newly appointed distributor, B (“ B”).
Problems arose, however, with this new distributor and
blames were thrown to X1. On 10 June 2017, Z wrote an
email to X1 containing a termination letter dated 31
May 2017 (”Termination Letter”). X1’s employment with
A was terminated effective 14 June 2017. Printed
copies of the email and the Termination Letter are
hereto as Annexes “A” and “B”, respectively.
 6. As a regular employee and at the time of his
termination, X1 was receiving the following
compensation and benefits from A:

a. P115,000.00 Gross monthly salary;

b. P2,500 Monthly communication allowance;
c. P1,500 Weekly gas allowance;
d. P10,000 Annual Product Allowance;
e. P115,000.00 13th Month Pay;
f. P115,000.00 Guaranteed 14th Month Pay;
g. Health Insurance coverage; and
h. Company issued vehicle.

ISSUES

7. The issues to be resolved on this case are as

follows:

a. Whether the termination of X1 is illegal;

b. Whether A is liable to pay X1’s money claims

and other claims for damages.

DISCUSSION

X1’s Termination is
Illegal

8. Based on the Termination Letter, it is not

clear whether X1 was terminated by A based on an
authorized cause or on a just cause under the labor
code. It would appear, however, that X1 was blamed for
A’s problems with B. Also, based on the general tenor of
the Termination Letter, X1’s employment was
terminated because of the termination of the distributor
agreement of B. If this was the real reason, the same is
illegal. As a regular employee, X1 can only be
terminated based on the causes enumerated under the
labor code. The termination of the distributor
agreement by A with B is not one of those causes.

9. Nevertheless, whether X1 was terminated on

any of the legal causes under the labor code, the
procedural requirements for the termination of his
employment was not followed. The only written notice
given was the Termination Letter, though dated 31 May
2017, served to X1 via email on 10 June 2017. The
termination process followed by A is not in accord with
law.

10. Hence, looked at both procedural and

substantive requirements under the labor code, the
termination of X1 is illegal.

Money Claims, Moral,

and Exemplary
Damages

11. Having been terminated illegally, X1 is entitled

to reinstatement to his former position without loss of
seniority rights. A should also pay his complete
backwages and all other benefits, including 13 th and 14th
Month Salaries. X1’s 14th Month Pay is pursuant to his
contract, copy of which is being asked to be produced
on the Motion below.

12. Having acted in blatant disregard of X1’s

constitutional rights to security of tenure, the
respondents must be made to pay him moral and
exemplary damages for sleepless nights, fright, and
emotional and psychological pain in the amount of not
less than One Million Pesos (Php. 1,000,000.00).

13. No amount of money can equate the pain and

suffering of someone who had been denied his basic
rights. However, X1 believes that such monetary
penalty will teach A a lesson in not trampling upon the
basic rights of employees.

Personal Liability of
the named Individual
Respondent

14. The above-named individual respondent is

being sued in his personal capacity as well as in his
professional capacity for the reason being that he had
dealt with X1 in utter bad faith in terminating him
without legal basis and in contravention with the
prescribed rules.

Attorney’s Fees

15. Having been forced to engage the services of

the undersigned counsel, the respondents must be
made to pay X1 Attorney’s fees in the amount of not
less than Two Hundred Thousand Pesos (Php.
200,000.00) or at least ten percent (10%) of the total
amount of monetary claims, whichever is higher, with
all due respect.

Allegations in Support
of the Motion for
Amendment of the
Complaint

16. During the mandatory conciliation

proceedings, X1 also asked that he should be paid his
14th Month Pay. This is based on the express provision
of his employment contract with A. Unfortunately,
payment of this money claim was not included in his
Complaint. Nevertheless, as this claim was discussed
during the conciliation proceedings, the same may be
allowed.

17. For this purpose, X1 respectfully prays for the

amendment of his Complaint to include this money as a
cause of action, with all due respect.

Allegations in Support
of the Motion for
Production of
Documents

18. To support X1’s claims in this present suit, it

is most respectfully moved that A be ordered to
produce the following files:

a. X1’s complete Employee 201 files;

b. X1’s Complete Payroll Records;
c. Document/s that would justify X1’s
termination;
d. X1’s Employment Contract/s;
e. Any and all other documents within the
possession and/or control of A, its agents,
officers, managers, or other employees that
would validate X1’s foregoing claims.

19. The foregoing files are official records of A

within its own control and possession, or any of its
agents, officers, managers, or other employees, with all
due respect.

PRAYER

WHEREFORE, premises considered, it is

respectfully prayed of this Honorable Commission that:
 1. An Order be Issued for A to produce the
Documents enumerated above;

2. An Order be issued Amending the Complaint and

including the claim of payment of 14 th Month Pay
in this suit;

3. Judgment be rendered declaring X1’s

termination as illegal and ordering A to:

a. Reinstate X1 to his former position;

b. Pay X1 complete backwages;

c. Pay X1 Moral and Exemplary Damages and

Attorney’s Fees as stated above.

Other reliefs just and equitable under the premises

are likewise prayed for.

Done at ________, ____ September 20__.

123
Counsel for Complainant

For the Firm:

456

Copy furnished:

678

(Via Personal Delivery/Through Counsel)

REPUBLIC OF THE PHILIPPINES )
QUEZON CITY ) S.S.

VERIFICATION/CERTIFICATION

I, X, after being duly sworn in accordance with law, hereby depose

and state:

1. I am the Complainant in the above-captioned case. I have

caused the preparation of the foregoing Position Paper.

2. I have read and understood the foregoing, the allegations of

which and all the contents therein, are true and correct of my personal
knowledge, or based on authentic records.

2. I hereby certify that I have not commenced any other action,

or any proceeding involving the same issues with the Supreme Court, Court
of Appeals, or any other tribunal or agency.

3. If I should learn that a similar action has been filed or pending

before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact to this Honorable Court within five
(5) days from notice.
 X
Affiant

Before me, a notary in and for the city named above, personally
appeared X who was identified by me through competent evidence of
identity to be the same person who presented the foregoing instrument
and she signed the instrument in my presence, and who took an oath
before me as to such instrument.

Witness my hand and seal this __ day of September 20__.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2017.