REPUBLIC OF THE PHILIPPINES

Supreme Court
Manila

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PETITIONER,

-VS-

Y BANKING CORPORATION, ET AL.

RESPONDENTS,

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

PETITION FOR REVIEW

Comes now petitioner, through counsel, and to this Honorable Court most respectfully
alleges:

PREFARATORY STATEMENT

The petitioner was hired by respondent bank, ______ on _____. He started as _______.
From then on, he was promoted from one position to another.

Through the years of his continuous, dedicated, loyal and exemplary service record, he was
rewarded with several promotions and assignments to various positions and departments of the
said bank, until he was finally elevated to the position of Assistant Vice-President on _______.

On _______, the petitioner was terminated from the bank on the ground of redundancy.
After ordering his termination and terminal leave from the bank, petitioner received private
respondent’s decision denying his request to re-compute his separation pay based on his gross
compensation income.

The material details of private respondent’s proposed “QUIT CLAIM AND RELEASE”
Form (i.e., the amount of separation pay, the breakdown of the aid amount) were all conveniently
left in blank, obviously to be subsequently filled up by private respondent at its own convenience
and discretion. Neither did it contain the actual criteria or standard used in selecting him as among
those to be terminated as well as the effectivity of his termination.

The petitioner filed a complaint for unlawful dismissal and money claims in the Regional
Arbitration Branch a quo and raised in his Position Paper the glaring absence of a clean, uniform,
and reasonable selection process in the implementation of private respondent’s so –called
redundancy program.

The private respondent, in clear afterthought, filed its reply, although belatedly.

The petitioner vehemently appealed the same as this is not allowed and clearly contrary to
the Rules of Procedures of the NLRC, Section II (d) Rule V of the 2011 Rules of Procedure which
provides that a party may not allege any fact or cause of action not referred to and included in the
Position Paper. (Underlining Supplied).

ALL THIS NONWITHSTANDING, Labor Arbiter _____ rendered a decision dismissing

the complaint DESPITE CLEAR AND OVERWHELMING EVIDECEN TO SUPPORT THE
ILLEGALITY AND UNJUST DISMISSAL OF PETITIONER AND WHICH HAS DEPRIVED
HIM OF WHAT IS DUE AND PAYABLE TO HIM UNDER EXISTING LAW AND
JURISPRUDENCE.

The petitioner filed a Special Civil Action for Certiorai under Rule 65 of the New Rules of
Appeals on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, bu
again, the latter disregarded the overwhelming evidence of petitioner, including the sworn
certification of the tax withheld forms filed by the private respondent’s bank with the BIR long
before the case was filed.

The petitioner moved for reconsideration of the Court of Appeal’s dismissal, but again, it
was dismissed by the latter.

Hence, this Petition for Review under Rule 45 of the New Rules of Court.

I.

NATURE OF THE PETITION

This is a Petition for Review under Rule 45 of the New Rules of Court, seeking the reversal
and nullification of: (a) the decision of the Court of Appeals, dated _______ in CA. GRSP NO.
_______ entitled “________”; and (b) its resolution dated ______, denying herein petitioner’s
Motion for Reconsideration.

Certified true copies of the assailed decision and resolution are herewith attached and
marked as Annexes “______________” and “_______” respectively and made integral parts
hereof.

II
 STATEMENT OF MATERIAL DATES

The petitioner received a copy of the assailed decision dated _____ on _____.

On ____, the petitioner filed a Motion for Reconsideration of the said decision.

On _____, the petitioner received a copy of the _____ resolution dated _____, denying the
Motion for Reconsideration.

On _______, the petitioner filed his petition for Review on Certiorari, copy furnished to
the Court of Appeals and the respondents, and simultaneously filed the required docket and other
fees for this petition.

Hence, this petition is filed on time.

III.

MATERIAL DOCUMENTS AND ANNEX

Attach all material documents and pleadings, the prior decision and resolution of the Labor
Arbiter and the NLRC.

(Mark them accordingly as Annex “_______” to “___”)

IV

THE PARTIES

State the Parties

V.

STATEMENT OF MATERIAL FACTS AND ANTECEDENTS

State the same

VI
 ASSIGNMENT OF ERRORS

State the errors

VII

ARGUMENTS AND DISCUSSION

State your arguments and discuss the same

All the aforementioned errors, in addition to all the foregoing materials points, taken
collectively, provide more than ample grounds for the Honorable Supreme Court to reverse the
assailed decision and resolution of the Court of Appeals and to grant the reliefs prayed for by the
herein petitioner.

PRAYER

WHEREFORE, the herein petitioner respectfully prays that a Writ of Certiorari be issued
by this Honorable Court directed to the Court of Appeals, commanding that court to certify and
send to this Honorable Court for its review and determination a transcript of the record and
proceedings therein; that the judgment of the Court of Appeals be reversed by this Honorable
Court; and to grant herein petitioner such order and further reliefs or relief as this Honorable Court
may deem just and equitable in the premises.

Manila, -------------,----------.

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