Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch No. VII
Cebu City

Rosario Ampo, Kristina Matiyaga, and Dara Torres,

Complainant,

NLRC Case No. RAB-VII 09-

8907-2012

-versus-

ABC Company Inc. and Juan Dela Cruz, General Manager,

Respondents.
X---------------------------------------------------X

JUDICIAL AFFIDAVIT
of
JUAN DELA CRUZ
I, JUAN DELA CRUZ, Filipino, of legal age, married
and resident of Cagayan de Oro City, after having been duly
sworn to in accordance with law, do hereby submit this Judicial
Affidavit, and hereby depose and say that:
PRELIMINARY STATEMENT
The person examining me is Atty. Richard Libago with
office address at Room 204, 2nd Floor, Mezanine Bldg., Gov.
Cuenco Ave., Cebu City, wherein this examination is being held. I
am answering his questions fully conscious that I do so under
oath and may face criminal liability for false testimony and
perjury.
PURPOSE: This affidavit/testimony of the witness is offered
to prove the following THAT:

1. To prove that Rosario Ampo, Kristina Matiyaga, and Dara

Torres were employees of ABC Company Inc.;
2. To prove that there is a need to provide additional
employees to the CDO Branch;
3. To prove that the said employees were the ones qualified
and needed to operate on the machineries in the CDO
Branch;
4. To prove that the said employees failed to comply with the
order thereby resulting to their termination;

1. QUESTION (Q): Do you know the name and address of

the lawyer conducting or supervising this examination?
ANSWER (A): Yes, He is ATTY. Richard Libago and his
office address is at Room 204, 2nd Floor, Mezanine Bldg.,
Gov. Cuenco Ave., Cebu City wherein this examination is
being held.

2. Q: Are you fully conscious and aware of the fact that

whatever answers you will make in this question and
answer are all under oath and you may face criminal
liability for false testimony or perjury?
A: Yes, I am.

3. Q: You are examined today as a witness in the docketed as

NLRC Case No. RAB-VII 09-8907-2020 entitled -----vs.----
which is still pending before this Honorable Tribunal, are
you aware of that?
A: Yes. I am fully aware.

4. Q: Do you know the Respondent Company in this case?

A: Yes.

5. Q: How are you connected with the Respondent in the

instant case?
A: I am connected with the Respondent Company because I
am presently employed as its Branch Manager in Cebu City.

6. Q: How long have you been working for the Respondent

Company?
A: I have been working for the Respondent Company for
four (4) years already.

7. Q: What is the nature of business of herein Respondent

Company?
A: ABC Company is a company engaged in metal fabrication

8. Q: As the branch manager, what are your Responsibilities?

 A: As the manager of the main branch of ABC Company
Incorporated, my main function is to oversee the whole
operations of the branch, including, among others, its
manpower needs.

9. Q: How many branches does ABC Company Incorporated

have?
A: Our company has four (4) branches. Cebu is the main
branch, we also have a branch in Samar, Zamboanga and
Cagayan de Oro.

10. Q: Since your function is mainly focused on operations,

does this mean to say that it is your responsibility to make
sure that the demands of your clients are met?
A: Yes.

11. Q: You said you are working as the manager of the

main branch, do you have additional workload or function?
A: Yes. Since, I am the manager of the main branch, I also
coordinate with our other branch managers in other areas
of Visayas and Mindanao especially when it comes to what
their branch needs in their operations.

12. Q: Do you know of the manager of Cagayan de Oro

Branch?
A: Yes, He is Pedro Santos.

13. Q: In Cagayan de Oro Branch, their manager

requested for additional manpower, is this true?
A: Yes, He is Pedro Santos.

14. Q: What is the purpose for the additional manpower?

A: The request for additional manpower is for our newly
acquired machines which requires people with a specific
competency to operate them.

15. Q: What kinds of machines are these?

A: These machines are newly acquired machines from the
main branch which its operation cannot just be taught or
learned through its manuals. These are highly technical
machines which require a certain competency that none of
the present employees in our CDO branch have. Plus, these
machines are too costly that we cannot just use as to our
liking without the required knowledge and skill on how to
operate them.

16. Q: Why did the main branch send these machines to

the Cagayan de Oro branch?
 A: Because the main branch is transferring some of its
operations to our CDO branch here and that includes the
operation of those machines.

17. Q: When was the request for the additional employees

made?
A: The request was made on February 10, 2020.

18. Q: How many employees were requested to transfer?

A: The CDO branch requested for three employees.

19. Q: How did you act on the request for additional

employees in CDO?
A: The branch confirmed their request to send the said
three employees with the skill and expertise adequate to
carry out the operations of our newly acquired machines.

20. Q: When do you expect these employees to commence

their work in CDO Branch?
A: In the letter request, the employees will have to
commence in two months’ time from the date of request.

21. Q: When did you inform the said employees that they
would be transferred to the CDO Branch?
A: We informed the employees on February 14, 2020.

22. Q: What events transpired when you informed the said

employees of the transfer?
A: We informed the employees that they need to be
transferred because the operations in the CDO Branch will
most likely be affected and the company itself will incur
losses if the operations will stop. We also informed them
that when they transfer they will be given better benefits
such as travel allowance, board and lodging allowance in
addition to their existing salaries and benefits.

23. Q: What was the response of the said employees.

A: The employees refused to comply with the said direction.

24. Q: What did you do when they refused to heed to your

direction?
A: We issued an ultimatum for the employees to comply
with the memorandum.

25. Q: Did these employees accepted the transfer?

A: No, the employees did not follow the said ultimatum.
 26. Q: What transpired when the ultimatum was not
followed?
A: Because the ultimatum was not followed, it caused the
suspension of the operations of the CDO Branch thereby
resulting to substantial losses to the company.

27. Q: Do you have anything to add?

A: None.

IN WITNESS WHEREOF, I affix my signature this ___ day

of March 2020 in ________ City, Philippines.

JUAN DELA CRUZ

Affiant – Witness
Passport ID No: 006-00117-7818-9

SUBSCRIBED AND SWORN to before me this ___ day of

March 2020 in __________ City, Philippines. Affiant exhibiting to
me his government issued identification card to prove his
personal identity. name. After carefully probing the Affiant of the
content of his Affidavit, I am convinced that he understood it and
its legal ramifications.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2020.

ATTESTATION

I, ATTY. RICHARD LIBAGO, of legal age, Filipino, with

office address at Room 204, 2nd Floor, Mezanine Bldg., Gov.
Cuenco Ave., Cebu City, after being duly sworn depose and say:

1. I was the one who conducted the examination of witness

at my aforementioned office;

2. I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answer that the
witness gave;

3. I nor any other person then present or assisting him

coached the witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand

this ____ day of March 2020 at Cagayan de Oro City, Philippines.
 ATTY. RICHARD LIBAGO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public in and for the City of Cebu, Philippines this ____ day of
March 2020. Affiant personally came and appeared with
Professional Driver’s License No. __________ issued by the Land
Transportation Authority, bearing his photograph and signature,
known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.

Doc No.
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Book No.
Series of 2020.