AFFIDAVIT

REPUBLIC OF THE PHILIPPINES)

TAGUIG CITY ) S.S. 

I, Rex Navaro, Filipino citizen, of legal age, single, and a resident of 9424
Doña Rueda St., Upper Bicutan, Taguig, after having been duly sworn in
accordance with law, hereby depose and say:
 
1. That I was an employee as Breakdancer and Quality Control Supervisor
of Maalikaya Bakery which later came to be known as Masarap
Bakeshop which currently holds office at Kapitolyo, Pasig City.

2. That I started my employment with Maalikaya/Masarap on 18 November

2014 where I was subjected to inhumane treatment, such as being
required to work at least one hour beyond the normal eight-hour period
at least once a week, at least four hours beyond the normal eight-hour
period at least twice a week and at least fifteen hours beyond the normal
eight-hour period at least twice a week all without the benefit of overtime
pay and night differential pay.

3. That I was further required to work regularly even during Saturdays from
6:00 a.m. to 2:00 p.m. when Saturday was my designated rest day and
without the benefit of rest day pay.

4. That some of these fifteen-hour overtime work were rendered the day
before a holiday such that the overtime would flow the next day or on the
day of the holiday itself and that such work were rendered without the
benefit of holiday pay.

5. That in all my years of employment with Maalikaya/Masarap, we never

had any bundy clock or any biometric device to record our coming to and
going from the office nor were we given any payslips as proof of any
salaries or wages received. Instead, we were made to sign a log sheet for
our time of entry and exit.

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6. That from 18 November 2014 until 01 April 2019, I was receiving a
salary, which specifically was only PhP350.00/day, way less than the
prescribed minimum wage.

7. That in all my years of service, I was never given my service incentive

leave and my 13th month pay.

8. That I was regularly subjected to abusive behavior by the owner of

Maalikaya/Masarap, Julius Aurelius, who regularly shouted and
insulted me with hurtful words like “boba”, “tanga”, “mahina ang utak”,
“hindi nakakaintindi”, “tonta”, “putangina mo”, “putangina ka”
“punyeta”, “bwisit”, “walang kwenta”.

9. That out of fear of losing my source of income, I stayed on despite all the
grueling hours, the unfavorable working conditions, the abusive
behavior, the non-payment of my overtime pay, holiday pay, rest day
pay, night shift differential, service incentive leave and the underpayment
of my salary as compared to the prescribed minimum wage.

10. That on 03 April 2019, I was given a copy of my new employment

contract where I was to receive the salary of PhP900.00/day starting on
01 April 2019.

11. That at the closing of the working hours on 08 June 2019, I was
called by my immediate supervisor, Edward Scissorhands to sign a
document captioned “unregularization” which he refused to explain and
which I refused to sign.

12. That upon seeking advice from friends, I ended up seeking legal
assistance from Raffy Tulfo in Action, a TV program, which in turn
referred me to DOLE Pasig.

13. That on 11 June 2019, I sought legal assistance from DOLE Pasig
on why I was being asked to sign a document captioned
“unregularization” where I was advised to seek clarification from my
employer on said document.

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14. That on 13 June 2019, I sought audience with
Maalikaya/Masarap owner Julius Aurelius to seek clarification on the
document captioned “unregularization” and who told me bluntly that I
was dismissed, ordered me to stop reporting without informing me of any
reason why I was being terminated and the grounds thereto.

15. That Aurelius was even abusive like his usual self when I asked for
clarification on why I was being terminated and told me hurtful words
like, “tanggal ka na, huwag ka na magpakita dito. May kapalit ka na
galing TESDA. Bawal ka na pumasok dito. Uutusan ko na yung mga
tao ko na bawal ka na papasukin”, “tanggal ka na. Huwag ka na
makulit. Ayoko na makita pagmumukha mo dito”, and “tanggal ka na
nga. Ano pa ba gusto mo marinig? Gusto mo pa ba ipakaladkad kita
palabas?”

16. That accordingly, I filed a complaint for Illegal Dismissal before the
National Labor Relations Commission (NLRC) on 14 June 2019.

17. That after filing the complaint before the NLRC and while the case
was already scheduled for Conciliation-Mediation as per NLRC Rules, I
received two successive letters from my employer via LBC, the first dated
14 June 2019 and the second dated 17 June 2019 which are attached
hereto as Annexes “1” and “2”, respectively.

18. That the first letter, dated 14 June 2019 (Annex “1”), inquired as to
my “absence without official notification”, ordering me to return to work
immediately.

19. That the second letter, dated 17 June 2019 (Annex “2”), focused on
my alleged violation of company policy on “no call no show” and that I
should explain why there should be no correction action should there be
issued against me.

20. That the two letters took me by surprise as Aurelius clearly told me
in my face that I was already dismissed, that I should no longer report
for work, that I am no longer welcome to enter the premises of

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 Maalikaya/Masarap and even threatened to physically dragged me out of
the premises.

21. That I have a Facebook account named “Jasmina Ca” and that on
this account, Edward Scissorhands is a facebook friend whose facebook
account is “Ed Jupit”.

22. That to seek clarification on the confusing letters sent by

Maalikaya/Masarap and signed by Scissorhands and Aurelius, I sent the
following messages to Scissorhands through facebook messenger to seek
clarification as to why I was sent these letters when Aurelisu clearly told
me that I was already dismissed. Scissorhands did not answer my
inquiries and instead blocked me.

a. “Eddy ano ung mga letter na pinadala nyo. Alam mo sa sarili mo

na tinangal ako ni destine tapos pumunta ako dyan ng Thursday
para siguraduhin na tinangal na nya ako tapos ngayon
papadalhan mo ako ng letter na AWOL ano pra saan yn.”
b. “3beses ko inulit sa kanya kung tangal na akp sabi nya oo daw
kasi may padating na kapalit ako galing tesda.”
c. “Alam mon man yun diba ikaw panga nagpapapirma sakin ng
UNREGULARIZATION KASI SABI MO UTOS NI BOSS MO.”
d. “At alam mo din na pumunta ako dyan nung Thursday kasi
pinapunta ako ng dole para tanungin si Julius kung ano ibig
sabihin ng unregularization ikaw pa nagpapasok sakin sa
showroom at si Stella dalawa kayong nakakita sakin na pumunta
dyan nung THURSDAY JUNE 13 2019.”
e. “Nakalagay pa sa letter mo no call no show.”

23. That in compliance with Section 2 on Ephemeral Electronic

Communication and Section 1 on Audio, Video and Similar Evidence of
Rule 11 on Audio, Photographic, Video and Ephemeral Evidence of
A.M.No. 01-7-01 SC RE: Rules on Electronic Evidence, a screen capture
printout of the subject “Facebook Messenger” communication is attached
hereto as Annex “3”.

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 IN WITNESS WHEREOF, I have hereunto affixed my signature this 2nd
day of September 2019 in Makati City, Philippines.
 
 

REX NAVARO
Affiant
 
 
 
SUBSCRIBED AND SWORN to before me this 2nd day of September
2019, in Makati City by JASMINA CAINGLET with TIN ID No. 03-5769640-3.

Doc. No. ________________;

Page No. ________________;
Book No. ________________;
Series of 2019