Republic Of The Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
REGIONAL ARBITRATION BRANCH NO. III
CITY OF SAN FERNANDO, PAMPANGA

LIBRADO P. CASAYURAN,
Complainant,

-versus- NLRC CASE NO. RAB-III-09-00014-22

EOB SECURITY AGENCY, et al;

Respondent/s
x----------------------x

POSITION PAPER

COMES NOW, now the respondent’s E.O.B. SECURITY AGENCY, though

their Representative GILBERT B. CONCEPCION unto this Honorable Board
respectfully avers the following;

Prefatory statement:

PARTIES:

• RESPONDENT/S: GILBERT B. CONCEPCION, of legal age, married,

Filipino and a resident of #201-A Dollar St., Phase 8, North Fairview, Quezon
City, being the Representative of the Respondents: EOB Security Agency, et.
al ,a Sole Proprietorship which is owned by EDNA OLANO BALLA, with
official address of #201-A Dollar St., Phase B, North Fairview, Quezon City,
wherein official communications, proceedings, subpoenas of this Honorable
Board could be send. Attached is a Copy of the SPECIAL POWER OF
ATTORNEY of the Sole Proprietor EDNA O. BALLA, one of the respondent as
ANNEX “A”;

• COMPLAINANT/S: LIBRADO P. CASAYURAN, of legal age, Filipino and

a resident of : Gumamela St., GK Village, Brgy Pitabunan, Concepcion,
Tarlac, wherein sub-poenas, proceedings and other processes of this Honorable
Board could be send to this address ;

FACTS OF THE CASE:

• The complainant, LIBRADO P. CASAYURAN, was hired by EOB Security

Agency sometime on May 2020 with daily wage rate of P533 per day, That on
November 2020, said Requesting Party went on AWOL. He failed to report for
duty from November 8 to 28, 2020. It was only on April 8, 2021 that we had
knowledge and sent him a Memorandum via Registered Mail but no response was
received by the respondent. A copy of the Memorandum and Registry receipt are
hereto attached and made integral part of this paper and marked as Annex B and
Annex C respectively.

• The undersigned respondent later found out that he was working as Security
Guard at Life Guard Security Agency and on May 2021, he had stroke,
hospitalized and confined. In fact I have personal knowledge that he received his
SSS Disability because he is already unfit to work;

• That sometime on July 2021, he had a trouble with his wife who eloped with
another man, in order to support his claim to have custody over his children, he
requested me to issue a certificate of employment that he is a regular employee of
 EOB Security Agency to prove that he is capable of supporting his children while
in fact, he is not working in my office but working as Lifeguard Security Agency
at Mandaluyong City which the complainant is now presenting the Certification
of Employment last October 3, 2022 .

• That From April to June 2022, he reported to Dual Force Security Agency. This
can be attested by one of my Security Officer Windrose Candare. His affidavit is
hereto attached and made integral part of this position paper and marked as
Annex D;

• That on July 1, 2022 he returned to EOB Security Agency and was posted to ONE
SAN ILDEFONSO MALL but when my client required that all of our Security
Guards must submit 201 File, he failed to submit. I only accommodated him out
of grace.

• That on July 16, 2022 he was recalled from his post and report to head office
because the client need the 201 files which he could not produce and I did not
terminate him; copy of the communication from the Client and Memorandum
dated July 16, 2022 is hereto attached and made integral part of this paper and
marked as Annex E and Annex F respectively.

• That I already paid his Salary for the period July 1-15, 2022 was already paid. I
personally gave the salary to the Requesting party in the amount of P7,995.00. As
proof of payment, he signed the payroll for the said period. A copy of the payroll
is hereto attached and made integral part of this paper and marked as Annex G.

• That on July 19, 2022, he returned to his home at Tarlac.

• That I was shocked to receive a Complaint from this August body regarding the
complaint of Librado Casayuran claiming he was illegally discharged and salaries
not paid.

ISSUE OF THE CASE:

IWHETHER OR NOT THE COMPLAINANT IS ILLEGALLY

DISMISSED AND HIS SALARY UNPAID.

ARGUMENTS:

* The complainant was not illegally dismissed because he is not a regular employee.
The certificate of employment issued in his favor was issued to help him get the
custody over his children. It was a friendly gesture on the part of respondent. A case
entitled  Caseres v. Universal Robina Sugar Milling Corporation that the repeated
and successive rehiring of project employees do not qualify them as regular
employees, as length of service is not the controlling determinant of the
employment tenure of a project employee, but whether the employment has been
fixed for a specific project or undertaking, its completion has been determined at
the time of the engagement of the employee, 629 Phil. 185, 189 (2010). The
complainant was not dismissed but was only recalled on July 16, 2022 because of his
failure to submit the required 201 files. It was he who in several occasion abandoned
his post at the expense of the Security Agency. Furthermore, he cannot be a regular
employee because he failed to submit the required 201 files as a prerequisite of being
hired as Security Guard.

• The labor complaint filed against the respondent for non payment was baseless
and malicious, it is a well settled principle that in case of non payment of wages, the
 burden of proof that the wages were paid is on the part of the employer because he is
in custody of records to prove that all wages are realy paid through payrolls and
payslip uless the contrary is alleged by thew employee. In the case at bar, the
undersigned respondent attached a copy of the last Payroll of Librado Casayuran
marked as Annex G that indeed the complainant actually received his last salary as
Security ard of EOB.

• And lastly, he cannot be eligible to any other benefits because he was just
accomodated on a friendly gesture by the respondent being physicaly unfit, he
already received his disability benefits from the SSS and cannot produce any 201
files.

PRAYERS

• That in view of all the foregoing the herein RESPONDENTS humbly prays to this
Honorable Board that herein instant complaint be DISMISSED for lack of merits
and no legal basis.

Other remedies just equitable under the premises are likewise being prayed for.

Done this ___TH day of OCTOBER 2022 , Quezon City, for City of San
Fernando, Pampanga;

GILBERT B. CONCEPCION
Respondent’s Representative
EOB SECURITY AGENCY, et.al.;
#201-A Dollar St., Phase B, North
Fairview, Quezon City

Copy furnished:

LIBRADO CASAYURAN, reg. receipt/received by:

Complainant
GK Village, Brgy Pitabunan, _________________________
Concepcion, Tarlac

REPUBLIC OF THE PHILIPPINES)

__________________________ ) S. S.

VERIFICATION/CERTIFICATION
FOR NON-FORUM SHOPPING

I, GILBERT B. CONCEPCION, of legal age, married, Filipino and a resident of c/o

EOB Security Agency, #201-A dollar St., Phase 8, North Fairview, Quezon City, after
having been duly sworn to in accordance with law do hereby depose and state;

• That I am the Atty.-in-Fact of the Respondent/s (See Special Power of Attorney

Annex “1”) in this Labor Complaint filed by LIBRADO CASAYURAN,, under
the NLRC CASE NO. RAB-III-09-00014-22;
• That I am responsible in the preparation of this Position Paper and that I have
read and understood the foregoing contents of the said pleadings;
 • That I have not filed any similar pleadings or complaint against the said
respondents, to any tribunals such as in the municipal trial courts, regional
trial courts, court of appeals or to any quasi-tribunal. That if and when I
should have discovered any such similar case pending in any court I will
immediately inform this Honorable Board within a period of five (5) days
from receipt hereof;

• That I am executing this affidavit base on my own knowledge and base on

authentic documents and for all other legal intents and purposes it may serve.

AFFIANT FURTHER SAYETH NAUGHT.

GILBERT B. CONCEPCION
Affiant

SUBSCRIBED AND SWORN TO before me this __ day of ______________, 2022 at

______________________________ , after herein affiant personally exhibited to me her
valid ID to be the same person who executed the foregoing.

Notary Public

Doc. No. _____;

Page no. _____;
Book No. ____ ;
Series of 2022.
 annex A
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, EDNA O. BALLA of legal age, Filipino with residence and postal

address at 201 Dollar St., Phase 8, North Fairview, Quezon City hereby name,
constitute and appoint, GILBERT B. CONCEPCION of legal age, Filipino with
residence and postal address at Dollar St., Phase 8., North Fairview, Quezon
City ,to be my true and lawful attorney-in-fact, and to do and perform for my
name, place and stead the following specific acts and things set forth hereunder,
namely:
• To appear in my behalf and sign papers for the casee filled by
LIBRADO CASAYURAN,, under the NLRC CASE NO. RAB-III-09-00014-22
• To perform acts necessary to fulfill the above stated functions
HEREBY GIVING AND GRANTING unto my said attorney-in-fact full
powers and authority to do and perform any and all acts and things whatsoever
requisite and necessary to be done in and about the premises as fully to all
intents and purposes as might or could do if personally present and hereby
confirming, affirming and ratifying all my said attorney-in-fact shall lawfully do or
cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hands this _____ day

of ___________, in the _______________.

EDNA O. BALLA
Principal
Id No. __________________

GILBERT CONCEPCION
Attorney-in-fact
SIGNED IN THE PRESENCE OF:

_________________________ ________________________

REPUBLIC OF THE PHILIPPINES)

_______________________________ ) S.S.

BEFORE ME, a Notary Public for and in the City of Manila this ____ day
of _____________, personally appeared parties with ID known to me and to me
known to be the same persons who executed the foregoing Special Power of
Attorney consisting of two (2) pages including the page on which this
acknowledgment is written signed by the witnesses and they acknowledge to me
that the same is their free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal this ______ day of __________at the ________________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2022.