18 May 2021

ATTY. EVELYN B. DE MATIAS

Legal and HR Manager
Office of the Corporate and HR Manager
APM Group
APM Corporate Center, 1041 Teresa St.,
Brgy. Valenzuela, Makati City, Philippines

Subject: DEMAND FOR MONETARY BENEFITS DUE TO ME

Dear Atty. De Matias:

I am writing this letter to demand from your good Office the payment of the
monetary benefits provided under the existing Labor Rules which are due to
me as your former employee detailed in McDonald’s Masbate.

To begin with, I had been employed with Davao Cavaliers Security Agency,
Inc. (hereafter referred to as the “Company”) since June 2017 until my
resignation on 5 April 2021. I became a regular employee of the Company
on December 2017 as evidenced by my Employment Contract, a copy of
which is attached as ANNEX A.

In my almost 4 years of dedicated service, I had faithfully and religiously

carried the duties and responsibilities given to me by my superiors.
Likewise, no complaint or charge was filed against me except the
unsubstantiated allegations by McDonald’s Masbate. Consequently, I
decided to voluntarily terminate my employment from the Company
pursuant to the reasons I mentioned in my Resignation Letter and my Exit
Clearance Form.

Copies of my Resignation Letter and Exit Clearance Form both dated 5

April 2021 are attached as ANNEXES B and C, respectively.

A copy of the screenshot indicating the electronic notification that the

Resignation Letter was sent via Email is attached as ANNEX D.

Parting is such a sweet sorrow. For some, resigning from work is a sad event
while for others it is a release from bondage. Whatever the reason may be,

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the question looming in every employee’s mind is – What would I get when
I resign?

In BMG Recors v. Aparecio1, the Philippine Supreme Court defined

resignation as “the voluntary act of an employee who is in a situation where
one believes that personal reasons cannot be sacrificed in favor of the
exigency of the service, and one has no other choice but to dissociate oneself
from employment. It is a formal pronouncement or relinquishment of an
office, with the intention of relinquishing the office accompanied by the act
of relinquishment”.

Since this is a voluntary act on the part of the employee, the employer
cannot be charged with the obligation to give more than what is required by
law. Thus, under the Labor Advisory No. 06-20 or the Guidelines on the
Payment of Final Pay and Issuance of Certificate of Employment, “Final
pay”, “Last Pay”, or “Back Pay” refers to the sum or totality of all the wages
or monetary benefits due the employee, regardless of the cause of
separation from employment, including but not limited to:

a) Unpaid earned salary of the employee;

b) Cash conversion of the unused Service Incentive Leave (SIL)
pursuant to Article 95 of the Labor Code;
c) Cash conversion of the remaining unused vacation, sick or other
leaves pursuant to a company policy, or individual or collective
agreement, if applicable;
d) Pro-rated 13th month pay pursuant to PD No. 851;
e) Separation pay pursuant to Articles 298-299 of the Labor Code, as
renumbered, company policy, or individual or collective agreement, if
applicable;
f) Retirement pay pursuant to Article 302 of the Labor Code, as
renumbered, if applicable;
g) Income tax claim for the excess of the taxes withheld, if applicable;
h) Other types of compensation stipulated in an individual or collective
agreement, if any; and
i) Cash Bond/s or any kind of deposit/s due for return to the employee, if
any.

1
G.R. No. 153290, 05 September 2007
2
Furthermore, Section 6 (b) of DOLE Department Order No. 150-60
provides:

Section 6. Rights of Security Guards and Other Private

Security Personnel. – All Security guards and other
private security personnel, whether deployed or assigned
as reliever, seasonal, week-ender, or temporary, shall be
entitled to all the rights and privileges as provided for in
the Labor Code, as amended, which shall include the
following:

***

b. Labor standards, such as but not limited to service

incentive leave, premium pay, overtime pay, holiday
pay, night shift differential, 13th month pay, and
separation pay as may be provided in the Service
Agreement or under the Labor Code, as amended.
(Emphasis supplied)

In Section 7.5 paragraph F of the same Order, it provides for the grant
of service incentive leave to the security guards and other private
security personnel. Below is the pertinent provision:

Section 7.5. Statutory Benefits. – Security guards and

other private security personnel are entitled to not less
than the following benefits depending on the working
hours, work shift, and workdays and other analogous
conditions, which benefits should be included in the cost
distribution in the Service Agreement:

***

f. Five (5) days service incentive leave for every year of

service which benefits can be availed of during days of
absence and, if not used, are convertible into its cash
equivalent. A proportionate leave benefits per month
may be derived by dividing five (5) days by twelve (12)
months multiplied by the current daily rate;

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Note must also be taken that in the Contract of Employment as attached
hereto, the cash bond that was deducted from my salary will be refunded to
me within ten (10) days after my separation from the agency, whether for
just or authorized causes or upon resignation.

Further, in the same Labor Advisory2, it is likewise provided that an

employee’s final pay be released within thirty (30) days from the date of
separation or termination of employment, unless there is a more favorable
company policy, individual or collective agreement thereto.

Based from the foregoing I have not received any benefit yet, except for my
last earned salary, due to me from your good Office despite the fact that
almost more than one (1) month have passed since I tendered my letter of
resignation. In fact, in my years of service, I have neither availed the Service
Incentive Leave nor was able to receive its monetary equivalent. Also, I have
not received a refund of the cash bond as stated in the Contract of
Employment despite my resignation even up to the present. I have the right
over these benefits because I have earned them during the existence of my
employment.

No response at all, of any sort, was made in relation to my Letter of

Resignation. For this fact, I am deeply troubled and worried if the Company
indeed really cares for its employees or not.

Considering the crisis brought about by this pandemic, every single centavo
worth a lot to an ordinary worker like me. To deny me of the monetary
benefits due to me under the law is tantamount to robbing me of my dignity
and integrity as a person and the proprietary rights I have over the said
benefits. Every centavo I received from the Company is the product of my
sweat and hard work, hence, I have all the reasons to demand for the
monetary benefits due to me.

Lastly, I also request your good Office the issuance of Certificate of

Employment indicating the number of years of my service in your Company.

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Labor Advisory No. 06-20.
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I hope and pray that this Letter be given utmost care and attention that it
deserves. Otherwise, I will be constrained to bring the matter before the
nearest DOLE Regional/Provincial/Field Office which has jurisdiction over
my previous workplace.

Should you have any concern or clarification regarding this matter, you can
reach me out in these following contact details:

Cellphone Number: 09750248838

E-mail Address: reyfrancis1987@gmail.com

Thank you!

Sincerely,

REY FRANCIS ESPENILLA

Former Security Guard
Davao Cavaliers Security Agency, Inc.