REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch CAR
Baguio City

MARIA OGANDA Q. GATBONTON,

Complainant,
NLRC Case No. RAB-CAR-
--versus -- 09-0307-18

BUKWANG PRIME
INTERNATIONAL AGENCY
INC et.al,
Respondent/s.
x-------------------------------------x

REPLY

Complainant MARIA OGANDA Q. GATBONTON through

and by the undersigned, with all due respect submits this
REPLY.

PREFARATORY STATEMENT

In cases involving OFWs, the rights and obligations among

and between the OFW, the local recruiter/agent, and the foreign
employer/principal are governed by the employment contract. A
contract freely entered into is considered law between the
parties; and hence, should be respected. In formulating the
contract, the parties may establish such stipulations, clauses,
terms and conditions as they may deem convenient, provided
they are not contrary to law, morals, good customs, public
order, or public policy.1

Security of tenure for labor is guaranteed by our

Constitution.2

Employees are not stripped of their security of tenure

when they move to work in a different jurisdiction.3

It is the contention of the respondents that the

employment contract was terminated by the complainant

1 EDI-Staffbuilders v NLRC and Gran, GR No 145587 October 26, 2007

2
Section 3, Article III of the Constitution
3
Sameer Overseas Placement Agency Inc v Joy Cabiles, GR No 170139 August 5, 2015
voluntarily because she resigned from her employment on July
14, 2018. Respondents also claimed that all salaries due her
were paid and there was no salary deduction. Further,
complainant was not illegally dismissed from her employment.

Complainant respectfully begs to disagree and re-

pleads all her statements in the earlier pleading.

Complainant’s employment contract was terminated by

her employer when the employer told complainant that her
service is not needed and it’s the will of her employer’s
husband. She pleaded to her employer not to be returned to
the agency because she has no money. In fact her employer
even helped her in packing her things despite her pleas. She
was returned to the agency without money.

Moreover, when she was brought to the foreign agency,

one of the staff of the agency angrily told complainant “Ang
tanga tanga mo” instead of helping her. Complainant
requested that she wants to be repatriated however the foreign
agency didn’t allow her unless she will buy her owned ticket.
Complainant has no choice but to stay in the accommodation,
worked for free to eat and survived. She worked as household
helper in the accommodation for one month without being
paid until she was sold to another employer again.

On the onset, complainant’s employment was terminated

before she decided to come home in the Philippines. It is clear
that complainant never intended to terminate her employment
contract. She did not resign from her work as claimed by
respondents. Her employers terminated her employment
contract despite her satisfactory work performance.

Indeed, complainant did not raise any complaint

regarding the deductions made to her salary because such
were due to her foreign agency/broker. Complainant is a
mother who left behind her family to work abroad. The
deductions made to her salary were made without out her
consent and without any option. This is because all she
wanted was to be able to work and compensate the deductions
made to her salary on her remaining months of employment. It
is very remote for her to voluntarily terminate herself from her
employment.

On the other hand, complainant’s employment contract

provides that the monthly salary is SG$600.00. During the
tenure of complainant she didn’t received her first three
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months’ salary from her first employer because her salaries
were being paid to the foreign agency/broker not to her. After
the termination of her employment contract with her first
employer, she was again subjected to another round of salary
deduction with her second employer. She worked for one
month with her second employer without receiving her salary.
All the deductions made were not issued receipt and was not
explained to her properly.

The complainant categorically denies her alleged

resignation letter because she was only forced by the foreign
agency/broker to sign it. Further, complainant’s employment
contract was terminated by her first employer on May 2017
and her second employer on July 2017 in violation to the said
contract. Her termination was without any just cause or
authorized causes as provided by law or the contract.

It is the humble opinion of the complainant that

respondents are misleading this Honorable Office to exculpate
themselves from their patent obligation to the complainant.

PRAYER

WHEREFORE, in view of the foregoing facts, it is most

respectfully prayed of this Honorable Tribunal that the
complainant be declared illegally dismissed, the respondent be
ordered to pay her money claims.

Finally, all other relief which are just and equitable are
likewise prayed for.

Tubao, La Union for Baguio City, October 31, 2018.

DIANA C. DULAY
Counsel for the Complainant
Roll of Attorney 68085; 05-26-17
PTR 2308424; 01-03-18
IBP Membership 1068497; 01-03-18
MCLE Compliance VI Complied 03-01-2018

Copy Furnished:

BUKWANG PRIME INT’L AGENCY INC

4/F and 5/F Queen Rose Bldg.
911, San Andres St., cor Leon Guinto St
Malate, Manila
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 EXPLANATION

Copies of the REPLY were served and filed through

registered mail with return card for lack of personnel and
distance to effect personal service and filing.

DIANA CAFIRMA DULAY

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