REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
REGIONAL ARBITRATION BRANCH NO. IV
City of Manila
PIDOY F. DIDOY,
Complainant,
versus

NLRC CASE No. RAB III 08-21823-14

(Labor Arbiter: Hon. Imelda A.

Ganancial)
SWITCHEROO NAVIGATION
CO.,INC.,
Respondents.
x-------------------------------------------------------------x
POSITION PAPER
COMPLAINANT,

by

counsel,

unto

this

Honorable

Office, respectfully state:

STATEMENT OF THE CASE
This is a complaint for illegal dismissal and money
claims by the complainant Pidoy F. Didoy against the
respondents SWITCHEROO NAVIGATION CO.,INC..
STATEMENT OF THE FACTS
1. Complainant Pidoy Didoy is 35 years old, married,
Filipino and a resident of No. 95 Lakan St Pureza,
Manila.
2. Complainant was hired as dishwasher in a cruise line
owned by SWITCHEROO NAVIGATION CO.,INC..
(respondents) under a Philippine Overseas
Employment Administration (POEA)-approved
Contract of

Employment .

3. One night on May 25, 2014 he accidentally broke 7

plates while he was stacking them. The management
eventually called him and scolded him using harsh
and discriminatory words at the office and eventually
the company dismissed him and was repatriated to
the Philippines on May 26, 2014
4. Complainant's employment contract was for a period
of 12 months or from March 19, 2014 up to March 19,
2015, but at the time of his repatriation on May 26,
2014, he had served only two (2) months and seven
(7) days of his contract, leaving an unexpired portion
of nine (9) months and twenty-three (23) days. On
April 1, 2014 he was terminated from the company.
5. However the 5th paragraph of Section 7 of REPUBLIC
ACT No. 10022 AN ACT AMENDING REPUBLIC ACT NO.
8042, OTHERWISE KNOWN AS THE MIGRANT
WORKERS AND OVERSEAS FILIPINOS ACT OF 1995,
AS AMENDED, FURTHER IMPROVING THE STANDARD
OF PROTECTION AND PROMOTION OF THE WELFARE
OF MIGRANT WORKERS, THEIR FAMILIES AND
OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER
PURPOSES, which took effect on July 23, 2010
merely reinstate the provision of Republic Act No.
8042. which states that:
"In case of termination of overseas
employment without just, valid or authorized cause
as defined by law or contract, or any unauthorized
deductions from the migrant worker's salary, the
worker shall be entitled to the full reimbursement if
his placement fee and the deductions made with
interest at twelve percent (12%) per annum, plus his
salaries for the unexpired portion of his employment
contract or for three (3) months for every year of the
unexpired term, whichever is less.
Such clause was completely the same with the 5th
paragraph of Section 10, of Republic Act 8042 which
were previously declared as unconstitutional by the
2

Supreme Court in its ruling in the case of Serrano vs.

Gallant G.R. No. 167614.
6.

Complainant felt that such law violates the OFWs

constitutional rights because it deprives them of the
equal protection of the law and denies them of the
right to due process.

7. Complainant also felt that his right to social justice

which were enshrined by the Constitution was also
violated.
ISSUE
Whether or not the complainants right to social
justice was violated?
Whether or not respondent Switcheroo Navigation
Co., Inc., illegally dismissed the complainant Pidoy F. Didoy?
Whether or not the 5th paragraph of Section 7 of
Republic Act No. 10022 is unconstitutional?
ARGUMENTS AND DISCUSSION
The reason for the dismissal is without merit.
The complainants dismissal from work after he
accidentally broke 7 plates considering that this was his first
offense in his work as a dishwasher violates his social justice
right.
In the case of Calalang vs. Willaims (70 Phil.726);
Social justice is neither communism nor despotism, nor
atomism, nor anarchy, but the humanization of laws and the
equalization of the social economic forces by the State so
that justice in its rational

LASERNA CUEVA-MERCADER
LAW OFFICES
Counsel for Complainant

Unit 15, Star Arcade, C.V. Star Ave.

Philamlife Village, Las Pinas City 1743
Tel/Fax 8462539, 8725443

MANUEL J. LASERNA JR.

Roll No. 33640, 4/27/85
IBP Lifetime Member No. 1907
IBP Leyte Chapter
MCLE Exemption No. IV-1326, 2/3/11
PTR No. 10288207, 1/18/12, Las Pinas

VERIFICATION
I, x x x., of legal age, married, Filipino, and with
postal address at x x x , under oath, depose: that I am the
complainant in the foregoing Reply Position Paper; that I
caused the preparation thereof; that I have read its contents;
and that the same are true and correct of my own direct,
personal knowledge.
Quezon City, April 30, 2012.

X x x.
Affiant
SUBSCRIBED and sworn to before me in Quezon City
this 30th day of April 2012, affiant showing his Drivers
License No. x x x expiring on x x x .

Administering
Labor Arbiter
CC:
Xxx
LAW OFFICES
(Atty. X x x)
4

____________________________) SS.
VERIFICATION
I, Jaime Rivera, of legal age and Filipino, after having
been duly sworn to in accordance with law, depose and state
THAT:
I am the complainant in the above-entitled case,
that I have caused the preparation and filing of the
foregoing POSITION PAPER and I have read and
understood the contents thereof and the same are true
and correct to the best of my personal knowledge and
based on authentic records on hand;
5

AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affix my signature
this October 12, 2014.
JAIME RIVERA
Affiant
Passport Number EC1095030
SUBSCRIBED AND SWORN to before me this October 12,
2014.; affiant exhibited to me her Passport Number
EC1095030 a competent and government issued i.d.
DOC. NO. ____
PAGE NO. ____
BOOK NO. ____
Series of 2014.

NOTARY PUBLIC

Copy furnished:
HIJ COMPANY
Respondent