Tel. Nos.

: (63) 046 972-0010 / 972-0027

BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

November 1, 2020

TOSHIYASU SHIBUYA
President/ CEO

Dear Mr. Shibuya:

This is in response by way of explanation to the “Notice to Explain 2” dated October

26, 2020, which I received on October 27, 2020 on or about 05:45pm. In reference to
my first NTE, the second NTE states once again that I am being caused to explain
further based on the following administrative charges and I will answer them in
seriatim:

“UNDERSIGNED’S ACTIONS DOES NOT CONSTITUTE

FRAUD AND WILFULL BREACH OF TRUST.”

It is submitted that the fb messenger conversation was misconstrued and interpreted

in in a negative way, to wit:

Day Time Messages / Conversation REMARKS

June 25 “Mam ikaw susupla kay
Shibuya, alam mo naman na
mag DOLE talaga ako”
June 29 07:20pm “Desidido talaga ako mag
DOLE kahit walang
kasama”
07:21pm “Di ako papayag na
maagrabyado ako mam
kung mali ako accept ko po
yun pero pag tinatarantado
ako kahit patayan lalaban
ako”
July 01 10:47am “Ganun ba tapos magreflect
pa sa 201 ko mag DOLE
The message came from Mr.
Babas and confirming his
intention tofile a labor case
against the company.
-do-
The message clearly
indicates the anger of Mr.
Babas.
It can be insinuated that the
undersigned was

BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES
nalang ako maam”
July 06 10:20pm “Parang non sense na pa
maam mapag iinitan lang
ako lalo”
10:22pm “Kayo din naman
makakaharap ko in case
magfile ako”
July 08 09:42pm “Tuloy ko na daw ang file
ng complain”
Pau (answer): “Nasa sa iyo
din naman yun..sabi nga ni
sir benny may karapatan
ka..sabi ko ay sinabi mo na
dina itutuloy at baka mapag
initan lang.”
July 09 11:49am “Maam nandito n ako”
Please see Pau – “Sino nandyan”
Tel. Nos.: (63) 046 972-0010 / 972-0027
(63) 046 865-2731
Fax No. : (63) 046 972-0028
convincing Mr. Babas not
file the labor case.
Again, this is an indication
that the undersigned was
convincing Mr. Babas to go
back to work.
It can be inferred that Mr.
Babas knew that the
undersigned will represent
the company and still face
him in the labor case.
 It is clear that Mr.
Babas is referring to a
third person other
than the undersigned
because of the term
“DAW”. Someone
else advised him to
pursue the complaint.
 Undersigned was
merely affirming
every Filipino
citizen’s
constitutional right to
lawfully file a
grievance .
Simple messages can be
construed that Mr. Babas
was in a way intimidating
the undersigned, telling me
that he was decided to
pursue his case.
As far as the undersigned

BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES
attached Ysmael – “Ms. Ruth”
photo Pau – “ok good”
annex”A”
Sep 28 04:51pm Ysmael sent to me a text
message from DOLE
September 25, 2020 08:57am
“Good day, MR. BABAS,
YSMAEL GREGGOR punta
po kayo dito sa DOLE-Trece
sa Oct. 8 and 12 at 9:15 AM
regarding your conference.
Thank you.
Pau – “Oh” What is your
plan
Ysmael – “matagal po ba
yan? Maghapon I mean?”
Pau – “ano bang prayer mo”
Ysmael – “wag na siguro
ma’am baka humaba pa eh
Pau- “Ok pumunta k dun
para ipacancel mo
personally. Personal ang
pagcancel”
Ysmael – “ah ganun po ba
sige po next week nalang
siguro mam. Di pwede I text
to maam?”
Pau – “try mo din or
tawagan”
Tel. Nos.: (63) 046 972-0010 / 972-0027
(63) 046 865-2731
Fax No. : (63) 046 972-0028
knows, Ms. Ruth is a
reasonable officer that the
undersigned believes can
talk sense to Mr. Babas,
hence the answer “ok
good”.
This was a message by the
SENA Officer (DOLE) to Mr.
Babas and was later
forwarded to the
undersigned via Mr/ Babas’s
number.
 This indicated that
the undersigned was
inquiring respectfully
inquire the status of
the case. By asking
the question “ano ba
prayer mo?”, is an
inquiry of what was
the nature of case he
has filed with DOLE
and the reliefs
sought, nothingmore,
nothing less.
 BY telling Mr. Babas
“Ok pumunta k dun
para ipacancel mo
personally. Personal
ang pagcancel”, means
Mr. Babas already
decided to withdraw
his complaint.
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

Oct 01 MR. SHIBUYA called me for Based on the above-stated

a short meeting, Mr.
Shibuya presented to me the
Notice of Conference from
DOLE
Mr. Shibuya, asked me if I
have knowledge on that, I
replied I don’t know that he
pushed the case, because the
last time we talked Mr.
Babas will not push the said
conference. I even checked
the document date.
conversation,
UNDERSIGNED TOLD
THE TRUTH TO MR.
SHIBUYA THAT HER
LAST INFORMATION
WAS THAT MR. BABAS
WILL NOT FILE A LABOR
COMPLAINT.

I deny the allegations of Mr. Ysmael Babas’s in his affidavit that he will be paid for
the wrong decision of the Management. Logically speaking, this is impossible,
incredible and doubtful statement because he is still employed with the company
and decision or judgment has been rendered.

It must also be noted that last June 2020, Mr. Babas messaged me- “Basura kaso ko,
sayang kala ko magkakapera nako”. It is clear that Mr. Babas had a mercenary
motive and strong belief that filing a labor complaint meant money for him.

I admit that sometime, Dec 2018, I filed a complaint to DOLE and my issue was
“Constructive Dismissal”, this was well within the purview of my right as an
employee and as a Filipino citizen under existing laws. However, I withdrew the
case, when the company President immediately acted upon my issues and concerns,
and issued a memorandum addressing WORK ETHICS AND WORK EXCELLENCE
as the Subject to all employees. My trust, confidence and admiration with the
company president and the company strengthened.

With regards to the May 2, 2020 incident, I stand firm in saying that I was not aware
that Mr, Babas will bring inside the company premises a companion, there were
neither documentary nor testimonial evidences to prove that Mr. Babas sought my
approval in allowing him to be accompanied by a non-employee inside the Server
Room and PM Room.
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

It must be duly noted that Mr. Babas is our IT Asst. Supervisor since March 2018, the
IT Section was transferred to Accounting Section from August 08, 2020. WHEN THE
INCIDENT HAPPENED I WAS NOT YET HIS IMMEDIATE SUPERIOR. Hence,
this ground upon which my this administrative charge was based HAS NO LEG TO
STAND ON.

Based on the foregoing submissions, THERE IS NO REASONABLE GROUND TO

BELIEVE THAT I AM REPONSIBLE FOR THE SAID MISCONDUCT AND THE
NATURE OF MY PARTICPATION THEREIN. THERE WERE INDICATION
THAT THERE IS WAS A WILFULL BREACH OF TRUST.

“THE ALLEGATION FOR GROSS HABITUAL

NEGLIGENCE HAS NO BASIS AND WILL NOT HOLD
WATER IN ANY COURT, TRIBUNAL AND/OR QUASI-
JUDICIAL AGENCY FOR BEING UNSUBSTANTIATED,
MISDIRECTED, FALSE AND PERJURIOUS IN NATURE.”

The perjurious grievances attached as “ANNEX D” HAS NO BASIS AND WILL

NOT HOLD WATER for being UNSUBSTANTIATED, and can be considered to be
misdirected SURMISES AND CONJECTURES.
It is motivated by Ill-will and acts of vengeance against the undersigned. The
baseless charges can be likened to a fruit from a poisonous tree.

At this juncture, it is worthy to note that the grievance complaint emanated from
employees, now managers who were number one violators of the company rules
and regulations, they had found LEVERAGE against the undersigned because they
were charged administratively by the undersigned.

First, Mr. Marc Gurrea (QA/QC Manager), who had history of twice filing a labor
complaint against his agency and was Suspended for 7 days for sleeping while on
duty. It is a fact that there were many wasted FG because the customers rejected the
product. ON THIS NOTE IT IS SUBMITTED THAT THE ONE WHO IS
RESPONSIBLE IS THE QA/QC MANAGER.
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

Second, Ms. Gemma Gabriel (DCC Manager). It is submitted that sometime July-
August 2020, the undersigned charged her for violation on BPC Code of Conduct on
Offenses Against Behavior and Discipline – Making, vicious, malicious or
disrespectful statements or remarks concerning any company stockholder, director,
or officer, co-employee the Company and its products/services and customers.

By using social media FB in declaring that BIG Philippines, was involved in drugs,
due to those statement in the social media BIG PHIL”s reputation was damaged. I
tried to disprove this notion and cleared the name of the company especially to the
PEZA Administration. Unfortunately, the Top management only issued a Written
Warning, she could have been charged with Anti-Cyber Crime Law in relation to
Libel.

Third, Ms. Rovilyn Leria – SR. Acctg Manager, and now acting as HR Manager HR
Manager conducting the investigation and charging the undersigned
administratively.

Ms. Leria also I issued against her a violation on BPC Code of Conduct on Offenses
Against Behavior and Discipline – Committing any act of dishonesty against the
company,...........alteration, tampering, falsification......that during ECQ Ms Rovy
inserted a piece of paper into her ID to change the home address, kasi po mahigpit
ang ibang checkpoint para sa taga GMA, kaya po pinalitan ang address nya from
GMA to Bulihan.

Unfortunately, the Top Management only issued a Written Warning. Last 2019, there
was an instance that Ms. Rovy cursed me syaying “Putang Ina and Hayop ka”. I
elevated the matter tp the compliance committee but I was futile because the
witnesses were all Ms. Leria’s subordinates and all of them were with her. Another
instance is when Ms. Leria was very vocal when she said” .....mag resign ka
muna....” nadidinig ng mga staff nya at staff ko --- i reported to Mr. Shibuya (Pres) I
mentioned to him that I may complain to DOLE and the President told me “go
ahead”. Attached herewith are the resolutions against the three above-mentioned
managers.

Clearly, the circumstances manifests that these three managers is that they were all
hell-bent in avenging themselves and get rid of me in the cruellest manner.
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

Sometime, in August 2020 I learned that there was a structural re-organization and it
was Ms. Gemma Gabriel was designated and/or promoted to the position of Senior
HR Manager and the below the unscrupulous and baseless charges were lodged
against me, to wit:

a. Loss of Trust & Confidence due to her ineffective (no direction) management
of HR and Administrative department
b. Irregular activities and not acceptable work Habit that indicate clear abuse of
her status and power as HR/Admin Manager.

Also addressing for disciplinary actions:

a. Loss of trust & confidence
b. Clear abuse of status & power
c. Committing act of dishonesty
d. Gross Negligence- That both managers (Mr. Gurrea & Ms. Gabriel) are
requesting the Top Management to strictly act on this undesirable
behaviour of HR/Admin Manager, that lead to HIGH RISKS of the
company Business and its future.

I have been with the company for five years and seven (7) months since I was hired
last March 16, 2015, and I have exemplary performance on record. My annual scores
were as thus ANNUALLY:
(a)Upon regularization –Sep 2015 – 4.33 (highest is 5 score)
(b) Annual Evaluation Jan-Dec 2016 – 4.66 (highest is 5 score)
(c) Annual Evaluation Jan-Dec 2017 – 89.28% Very Satisfactory
(d) Annual Evaluation Jan-Dec 2018 – 89.11% Very Satisfactory
(e) No Performance Evaluation from Jan-Dec 2019
(f) Performance Evaluation for Jan-Oct 2020 – is still with the President Mr. Shibuya.
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

As HR Manager and charged with the provisions for training of employees I

accomplished them to the best of my capabilities in consonance with the rules and
procedures of the company.

1. Training Needs Analysis – in December 2019 (previous year) we already did

the meeting with all department managers that will be for Training Plan the
following year which was scheduled this year 2020.
2. Annual Training Plans – I prepared and scheduled those trainings for 2020
and
updated the Annual Training Plan and see to it that it was done as per
schedule.
3. I formed a training team – those speakers / representative from each section –
i shared/echoed with them the Training the Trainer/Training workshops –
and modules for respective sections were prepared by them.

The fact is that due to the COVID-19 Pandemic all the scheduled was put on hold
beyond the control of the undersigned.

As for the Hiring process, hereto attached the affidavit from two(2) agency’s
coordinators they explained the recruitment procedure for reference. In sum the
hiring process is as follows:

(a) The respective BIG Phils supervisors screened the resumes or bio-data of
those applicants
They say I hired incompetent, unmotivated and problematic employees – we
will never knew during interview process – we have Job Induction Program a
6 days actual job performing they have the chance to fail in status, but the
respective supervisor or evaluator still continue the service or 5 month period
we Have evaluation – they have the option to terminate the contract, but they
continue the service of such troublesome employees.

(b) QA (quality assurance)/QC (quality Control) Manager – logically the process

owner of the products quality is not the HR Manager.

(c) HR Manager only steps in situation when unhealthy working relationship

among employees who are distracted due to their due to concentration is to
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

look for violations and penalize employees. If no Incident Report received by

us (HR) no reference for us to issue Disciplinary Action if proven guilty,
Incident reports coming from dept heads and security guards.

“NO CLEAR ABUSE OF STATUS & AUTHORITY.”

On the allegations of “Clear Abuse of Status & authority”, I submit that, since I
was hired in March 2015- there was no approval by my superior, timekeeper
used to check and confirm to security guard with record book on managers
IN/OUT – of all Managers why only me was questioned. This is supported by the
Affidavits of Ms. Jovy (Timekeeping) and SG Babila on (Daily Time Log).

“NO COMMISION OF ACTS OF DISHONESTY”

(a) On the charge of Committing Act of Dishonesty; Again, as succinctly pointed
out in my first explanation letter, I am not aware that Mr Babas is a military
reservist, only the time of the ECQ, I requested him to escort me to pass
through checkpoints. There is no proof presented whether substantial or
actual that I knew this fact at that time.

(b) Inventory Stock on vitamins C.- In my stint as HR Manager, I was not

involved in any embezzlement case whether in money or in kind. The issue
regarding the Vitamin C is supported by the Affidavits of William and Abby
on Vitamins C- the owners of Vitamins I asked from them that i will donate to
Maguyam frontliners checkpoints, and George Donayre on Vits C- our admin
driver who looked for the box of BIG Phils Vitamins stock but did not found.

It must be underscored that sometime, April 2020 checkpoints were so strict and we want
to help those frontliners, I asked Precious about the stock vitamins C, if we have spare
vitamins Precious advised me that it is in the cabinet. The time I reported back to work, I
asked the untility man Mynard to look for the vitamins, together (Me and Mynard look
for it) in HR Section cabinet even in HR Stockroom but unfortunately we did not find
any vitamins.
I never embezzled and/or cause to embezzle issued any vitamins from BIG Phils supplys,
since there was no supply The truth of the matter the one that I caused to be distributed
came from the two (2) manpower agencies we have.
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028

“Allegations for Gross Negligence Baseless.”

Hereto attached is my annual training plan for year 2020 – all training scheduled
was materialized/done. From the time ECQ, till this period together with the
Saftey Officer and Company Nurse we tried to be strict in health protocol
implemented inside the company, NO COVID-19 PATIENT yet, from the other
nearby neighbor companies they already recorded covid 19 patient.

In sum the allegations against me were all motivated by ill-intent and vengeance to
discredit me and my name from the company. Assuming I had committed these
allegations, I should have been penalized accordingly. Basic is the rule in labor cases
as propounded in a plethora of cases that once an employee was not
administratively charged for his violations for a considerable period, it is deemed
wave and/or condoned by his employer.

In my case, it was obvious that all mistakes and shortcomings were thrown at me we
with clear disdain and evident bad faith.

I am also reserving my right to take appropriate actions against the people who
made unscrupulous and dilatory remarks to me in the official discharge of my duties
and responsibilities that cause me anxiety, besmirched reputation and sleepless
nights.

MRS. PAULITA LODRONIO

HR MANAGER
 Tel. Nos.: (63) 046 972-0010 / 972-0027
BLK 3 LOT 2 DAIICHI INDUSTRIAL PARK ECOZONE (63) 046 865-2731
MAGUYAM ROAD, SILANG, CAVITE 4118, PHILIPPINES Fax No. : (63) 046 972-0028