Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISION
Regional Arbitration Branch No. XIII
Butuan City

_______________________
Complainants

Case No. RAB-13-11-00233-2020

Illegal Dismissal w/ Money Claims
- versus -

_______________________,
Respondents,
X--------------------------------------------X

COMMENT TO COMPLAINANT’S
POSITION PAPER

COMES NOW, respondent ______________________, and

unto the Honorable Labor Arbiter, most respectfully submits this
comment and avers that:

1. RHEA LYTH BARLAS IS

AN EMPLOYEE OF BSPI.

1.1. Respondent would like to clarify that Miss Rhea Lyth

Barlas is NOT its employee. She is an employee of BSPI (see
ANNEX “5” of our Position Paper). Miss Burlas’ participation in the
process was just to inform, through Mr. Chris John E. Sira,
supervisor/admin, about the infractions of the complainant for
appropriate personnel action.

2. THERE IS NO
SUBSTANTIAL EVIDENCE TO

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PROVE THE EXISTENCE OF
ACTUAL DISMISSAL.

2.1. What is clearly established by substantial evidence in

this instant case is the fact that the complainant voluntarily
resigned from his post (see ANNEX “7” of our Position Paper).
Notably, the complainant did not dispute the voluntariness of his
resignation. Complainant merely alleged that he is illegally
dismissed, which allegation is based solely on surmises and
conjectures without factual basis.

2.2. Thus, we reiterate our position that it is incumbent

upon the complainant to prove by substantial evidence that he is,
in the first place, dismissed from service. There being none, no
illegal dismissal to talk about.

3. COMPLAINANT IS NOT
ENTITLED TO HIS
MONETARY CLAIMS.

3.1. Respondent has proven by substantial evidence that

there is no underpayment of wages. It is also proven that
respondent paid the complainant his 13th month pay (see
ANNEXES “4” to “4-A” of our Position Paper).

3.2. As to payment of overtime pay: We reiterate our

position that it is incumbent upon the complainant to prove that
overtime works were actually done, it being regarded by
jurisprudence as an extraordinary claim.

3.3. As to payment of separation pay: The fact that there is

no dismissal, there is no legal or illegal dismissal to speak of.
Hence, award of damages is not proper.

3.4. As to payment of Attorney’s Fee: Basic principle in

jurisprudence says that award of attorney’s fee is proper in cases of

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illegal dismissal and/or there is unlawful withholding or non-
payment of statutory benefits. In this instant case, there is none.

PRAYER

WHEREFORE, upon all the foregoing considerations, it is

most respectfully prayed of this Honorable Labor Arbiter that
judgment be rendered DISMISSING this instant case for lack of
merit.

Other reliefs, just and equitable under the premises are

likewise prayed for.

RESPECTFULLY SUBMITTED.

General Santos City, ________________.

____________________________
Respondent
Door M, J&G Propriedad Bldg.,
Quezon Ave., Dadiangas North
General Santos City

by:

______________________
Proprietor

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 REQUEST

The Receiving Clerk

NLRC RAB XIII

Sir/Madam:

Greetings! Please submit the foregoing Position Paper

immediately upon receipt hereof for the kind consideration of the
Honorable Labor Arbiter sans further oral arguments.

__________________

Copy furnished:

________________________
Prk 4A, Brgy. Lower Doongan,
Butuan City

_________________________
Lapco Compound, Nat’l Highway
Koronadal City

EXPLANATION
(in accordance with Section 7 of Rule 13 of
the 1997 Revised Rules of Civil Procedure)

The foregoing Position Paper is being served on the via

registered mail, personal service not being practicable, due to
distance and the lack of personnel to effect personal service.

___________________

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