May 27, 2021

MS. CANDICE VILLORENTE

Head of HR- Outsourced Doers
Davao City

Re: Notice to Explain

Dear Ms. Villorente,

Good Day!

I am writing this letter in relation to the Notice to Explain I have received dated May 25,
2021. First of all, I would like to apologize if ever my comments regarding the Health
Maintenance Organization (HMO) had in any way offended the company and its
management. However, I humbly submit that these comments are not malicious
imputations that intend to destroy the good name of the company. On the contrary,
these are valid expression of sentiments of an employee who have been promised of
such benefit and have waited for the same in vain.

In the Job Offer sent to me by the company, one of the benefits which the Outsourced
Doers has promised is the provision on healthcare benefits upon regularization. I was
regularized on September 1, 2020 and yet up to this date, the company has not
provided such healthcare benefit or the HMO which is very important and relevant
during this time of Covid-19 Pandemic. Hence, my honest and factual comments
regarding the HMO posts. Attached herewith for ready reference is the Job Offer sent
by Outsourced Doers dated January 28, 2020 and Contract of Employment for
Regularization dated September 1, 2020.

I firmly believe that my comments regarding the HMOs were made with honesty and
good faith. It was an exercise of my freedom of expression. In Hubilla et. al. vs. HSY
Marketing LTD Co.1, the Supreme Court made the following pronouncement, “A
laborer does not lose his or her right to freedom of expression upon employment. This
is [a] political [right] essential to man's enjoyment of his [or her] life, to his [or her]
happiness, and to his [or her] full and complete fulfillment. While the Constitution and
the courts recognize that employers have property rights that must also be protected,
the human rights of laborers are given primacy over these rights. Property rights may
prescribe. Human rights do not.

1
G.R. No. 207354, January 10, 2018
 When laborers air out their grievances regarding their employment in a
public forum, they do so in the exercise of their right to free expression. They
are fighting for their very survival, utilizing only the weapons afforded them
by the Constitution-the untrammelled enjoyment of their basic human rights.
Xxx” (emphasis and underscoring supplied)

I am hopeful that the company would not take these kinds of comments against the
employees but instead use the same as an avenue for better partnership with the latter.

Sincerely yours,

REZEILE ANTHONY V. DONGA

Doer