Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION

National Capital Region

Quezon City

LEILANI VISCARRA ABIOL

Complainant

-versus- NLRC NCR CASE NO. 07-00680-21

MARRBONT CORPORATION /

FELIPE BONITA

Respondent

-----------------------------------x

MEMORANDUM OF APPEAL

COMES NOW, respondent, MARRBONT CORPORATION / FELIPE BONITA, by way of

appeal, most respectfully moves for this Honorable Commision for the modification of the Decision
issued by the Honorable Labor Arbiter finding for the respondents and humbly posits the following:

STATEMENT AND NATURE OF THE CASE

1. This is originally a complaint for illegal dismissal, unpaid overtime pay, service incentive leave pay,
13th month pay and separation pay and for moral and exemplary damages and attorney's fees.

2. After a series of mandatory conferences, no amicable seetlement was reched between the Complainant
and Respondents; hence, they were required to submit their respective position papers, After the
submission of their position papers and appropriate replies thereto, the case was submitted for resolution.
3. On November 29, 2021, a DECISION was issued by Honorable Labor Arbiter Remedios L.P. Marcos,
in favor of Respondents-Appant and against Complainant-Appelle, dismissing the case for lack of merit.
A copy of the decision is hereto attached as "ANNEX A".

TIMELINESS OF THE APPEAL

4. Complainant-Appelant officially received the above-mentioned decision on December 27, 2021

however the office of the complainant-appellant was closed due to the holidays and the Alert Level 4
Lockdown ordered by the national government as announced thereafter the holidays, the Complainant-
Appelant only read the said decision on February 15, 2021. Pursuant to the 2011 NLRC Rules of
Procedure, complainant-appealant has ten (10) days from receipt of the decision within which to file this
appeal. Counting ten (10) days from February 15, 2021 and considering the lockdown orders from the
national government due to the Omicron variant Covid-19 pandemic, the last day of filing a memorandum
of appeal is February 25, 2022. Hence, the filing of this memorandum is within the reglementary period
to file an appeal.

STATEMENT OF FACTS

5. Respondent Marrbont Corporation hired Complainant on February 28, 2018 as an Office Staff. Her
daily salry was Php 537.00 (Five Hundred Thirty Seven Pesos Only). She was provided with the
following benefits during her tenure:

a. SSS, Philhealth, Pag-Ibig

b. Paid Lleave credits of five (5) days per annum

c. 13th month pay

6. On June 19, 2021, respondent-appellant instructed Leilani to submit a sample of chemical product to
the Philippine Institute of Pure and Applied Chemistry (PIPAC) for urgent laboratory testing wih the
instruction to give the official telephone number, cellphone number, and e-mail address of the company.
She was accompanied by the company driver, Eduard Abian, to go to PIPAC due to the great importance
of sending he sample chemical product that day. The next day, Leilanie gave the Job Order document
from the PIPAC to Mr. Felipe Bonita and told him that result should be available by June 16, 2021.

7. On June 16, 2021, Kathleen Florida, the Operations Manager, called PIPAC to requrest the test result of
the sample chemical product that Leilani sent. To here disbelief, the administrative officer of PIPAC
advised that they already sent the test result on June 11, 2021, via the e-mail address provided by Leilani.
However, the company and the management have not received any email correspondence from PIPAC on
any of the company's official e-mail addresses to wit: marrbontmail@yahoo.com /
marrbontvalenzuela@gmail.com / marrbont.customerservice@gmail.com. PIPAC said that they sent it to
the e-mail address leilaniabiol0830@gmail.com, a personal e-mail address of Leilani. Kathleen also
learned that Leilani provided her personal cell phone number to the PIPAC as the contact number of
Marrbont Corporation, the company requesting the chemical product laboratory test. Kathleen requested
to the administrative officer of PIPAC to have the same e-mail correspondence be forwarded to the
company's official e-mail address for confirmation which the latter did. Immediately, Kathleen phoned
Randy Florida, warehouse manager, and advised him of the situation. Instanteneously, Randy called
Leilani from the production department and asked to veify if she received the laboratory test reusult from
PIPAC. Leilani confirmed that she indeed received an e-mail correspondence from PIPAC with the
laboratory test result which was received on Jue 11, 2021 at 1:51 pm. The management wrote a notice to
explain memorandum to Leilani to elucidate why she used her e-mail address to obttain the laboratory test
reslt from PIPAC and why she did not notify the management that she already received the laboratory test
result which was sent to her e-mail address on June 11, 2021 at 1:51 pm. The management reprimanded
Leilani and told her that next time, should there be any sissues or concerns, she should call the office and
not decide on her own.

8. On June 19, 2021 at 1:51 pm, while chatting with a customer on Facebook, Kathleen received a
Facebook notification that Leilani was using Facebook Live. When she checked, she saw that Leilani was
taking a live video inside the premises of the warehouse factory while the production workers were
working and, the production workers, raw materials, products and the processess of the production
department were viewed live by random people on Facebook. Kathleen immediately called Randy and
notififed him that Leilani was on Facebook Live. Randy called Lilani and asked her if she was using her
cellphone while working and taking a live video on Facebook, in which she admittedly said, " Try ko lang
sir, inalis ko din agad." However, the live video lasted for more than five (5) minutes. That same day,
notice to explain memorandum was served to Leilani inquiring her to explain her action of using her
cellphone while working and taking a live video inside the premise of the warehouse factory. Her
response was unacceptable and was action was unjustifiable.

9. A fifteen (15) days suspension was given to Lilani from June 21, 2021 to July 7, 2021. She was
required to report to the Ramirez Office (HR Department) on July 7, 2021. On July 7, 2021, in a
conference with Kathleen, the former verbally expounded the consequences of Leilani's actions. She was
afforded the last chance to provide a sensible and adequate justification for her actions. However, she
cannot offer sound and reasonable explanations. Upon careful deliberations on her case, the management
and the Human Resources Department have decided to terminate her employment due to loss of trust and
confidence, serious misconduct, and gross violation of the company policy.

10. A Decision / Order / Resolution was issued by Honorable Labor Arbiter for the above-entitled case
where the judgement was rendered in favor of respondent, MARRBONT CORPORATION / Felipe
Bonita, which is just and fair.

GROUNDS FOR THE APPEAL

 With due respect, the Honorable Labor Arbiter committed grave error in
their computation for Service Incentive Leave and 13th Month Pay to the
Complainant.

ARGUMENTS AND DISCUSSIONS

1. The Honorable Labor Arbiter gravely erred when she based her computation of Service Incentive
Leave and 13th Month Pay from February 28, 2018 to July 7, 2021.

2. Service Incentive Leave Pays and 13th Month Pays are being paid to employees annually. Therefore,
Complainant-Appelle already received her previous Service Incentive Leave Pays and 13th Month Pays
prioer to her dismissal on July 7, 2021. Therefore, she only needed to be compensated on the year 2021's
unsused Service Incentive Leave and 13th month pay.

3. Pag-Ibig Premium, Pag-Ibig Loans, and SSS Loans need to be deducted on the final pay as well.

4. Below is our final computation of Service Incentive Leave and 13th Month Pay less the charges Leilani
Abiol incurred. Attached are the payslips for those payments for your review.

13TH MONTH PAY

YEAR 13TH MONTH REMARKS

PAY AMOUNT

2018 Php 9,573.33 Paid on December 2018

2019 12,099.04 Paid on December 2019
2020 1,932.33 Advance 13th month pay
(January/February) - Paid on
February 2020
2020 7,026.67 Paid on December 2020

2021 5,401.75 UNPAID 13th MONTH PAY

SERVICE INCENTIVE LEAVE

YEAR SERVICE AMOUNT PAID REMARKS

INCENTIVE
LEAVE

2/2018 - 2/2019 5 days Php 2,685.00 All service incentive leave has been
used this year.
2/2019 - 2/2020 5 days Php 2,685.00 All service incentive leave has been
used this year.

2/2020 - 2/2021 1 day Php 537.00 One day service incentive

leave has been used

UNCLAIMED 4 days Php 2,148.00 4 DAYS UNCLAIMED

SIL.

UNCLAIMED 13TH MONTH PAY PHP 5,401.75

UNCLAIMED SIL PAY 2,148.00
_____________________________________________________________
GROSS PAYMENT PHP 7,549.75

CHARGES:
SSS PREMIUM
SSS LOAN
PAGIBIG PREMIUM
PAGIBIG LOAN
______________________________________________________________
NET PAYABLE: