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POSITION PAPER

Complainants, through the undersigned counsel, respectfully submit

unto this Honorable Office this Position Paper.

PREFATORY STATEMENT

THE PARTIES

The Complainants ______________. The Complainants may be served

with pleadings, orders, and other processes of the Honorable Office through

the undersigned counsel.

The Respondent, CONTINENTAL FARM CORP. (hereafter referred as

CONTINENTAL for brevity), on the other hand, is a banana plantation

existing under Philippine laws and is duly registered with the Securities and

Exchange Commission (SEC). It is engaged in the business of producing

bananas. CONTINENTAL’s farm is located at Magsaysay, Davao del Sur, while

its office address is at Lasang, Davao City, where it may be served copies of

orders, notices, and processes of this Honorable Commission.

THE ANTECEDENT FACTS

1. Complainants were employed as harvesters for CONTINENTAL Farms

Corp. on different dates, to wit:

Name of Banana Harvesters Date Hired

VALERIANO CABAGONG May 15, 2006

LUCENIO RESNERA July 2006

GEORGE LASTIMOSA November 2006

JUNE OROSIO March 2007

RENANTE ARIDA May 2007

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2. CONTINENTAL produces two varieties of bananas in their plantation,

Binangay and Cavendish.

3. The Complainants were assigned as harvesters of Binangay bananas.

4. They were paid every Friday and the amount they received varies

depending on the amount they harvested for the week but on the

average they receive P100 per week.

5. The method of payment was that a representative from the harvesters

(Lucenio Resnera) would claim the payment for the week, sign the

payroll and then divide it among the harvesters. Resnera would just

receive a piece of paper where an amount is written as proof of

payment for the week. Copies of which is attached hereto as Annexes

“A-1”-“A-5”.

6. On January 2010, Jojo Sagayno the foreman of CONTINENTAL and the

one who supervised the work of the Complainants, verbally informed

the latter that after they have finished harvesting of the Binangay

bananas they would no longer be employed at CONTINENTAL since the

plantation will no longer be planting Binangay bananas and would just

concentrate in producing the Cavendish variety.

7. The Complainants were dismissed from CONTINENTAL on February

2010 after they finished harvesting the Binangay bananas.

8. Two weeks before they were dismissed, the foreman, Jojo Sagayno,

offered them P5,000.00 as separation pay. This would be divided

between the five of them, and each of the Complainants were to

receive only P1,000.00 as separation pay.

9. The Complainants did not accept the offer since they were not satisfied

by the amount.

10. Feeling aggrieved the Complainants filed this complaint for illegal

dismissal.

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ISSUES

The issues in this case are as follows:

(1) Whether or not Complainants were illegally dismissed.

(2)

ARGUMENTS AND DISCUSSIONS

ON THE FIRST ISSUE:

The Complainants were illegally dismissed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that this

Honorable Office render judgment declaring herein Complainants’ DISMISSAL

WERE ILLEGAL, and order Respondent to pay them:

1. Separation Pay

2. 13th month pay

3. Cost of Living Allowance

4. Other monetary claims

In the event reinstatement is not possible, Respondent shall be ordered

to pay Complainant their separation pay plus backwages.

RESPECTFULLY SUBMITTED this ____ day of June 2010 in Davao City,

Philippines.

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ATENEO LEGAL SERVICES OFFICE


Counsel for the Complainant
2F Dotterweich Hall
Jacinto Street, Davao City 8000
Tel. No. (082) 227-7460

BY:

Jose Karlo Caballero Charnem Cañete

Karen Cate Ilagan Krisza Kintanar

Christian Paul Pinote Adelaine Faith Zerna

Legal Interns
(as per Supreme Court Resolution No. 449
Dated September 29, 1988)

Under the Control and Supervision of:

Atty. Manuel P. Quibod


Roll of Attorney’s No. 33499
PTR No. 8442955, 01-04-10, D.C.
IBP Lifetime Member Roll No. 00996
MCLE Exemption No. III-00745