Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

Dumaguete City

DANIEL ESPIRITU
Complainant,
NLRC Case No. RAB-VII 09-111-2017

-versus-

RICHARD GAMOLA as area manager

AND GALAXY SECURITY AGENCY
Respondents.
X---------------------------------------------------X

POSITION PAPER OF THE COMPLAINANT

I.

STATEMENT OF FACTS

Complainant Daniel Espiritu was hired by Galaxy Security Agency as guard

on April 1, 2013. He was assigned at the agencys various clients, the last of
which was at Prime Corporation, Bais City until his relief on October 8, 2015.
He was paid a daily wage of P 250.00 per day.
Respondent Galaxy Security Agency is engaged in providing security
services to its various clients or principals, with principal office in Dumaguete
City and a branch office at Galaxy Compound, Luca, Tanjay City. Respondent
Richard Gamola is the Area Manager and is being sued in his capacity as such.
Sometime in September 2015, Espiritu complained to Head Guard Alberto
Tamayo and Galaxy Finance Officer, Rose Abellana that he was underpaid. He
also complained that he was not paid overtime pay, 13th month pay and labor
standard benefits but his concerns were not acted upon.
Considering this incident, he then raised his concerns directly to the main
office in Dumaguete City wherein he was assured by the office secretary, Alicia
Mira that she would talk to Area Manager Richard Gamola about his concerns.

On October 7, 2015, complainant was handed a relief order by Head Guard

Capaje for him to leave his post at Prime Corporation effective October 8, 2015
and to report immediately to Galaxy branch office in Tanjay for instruction and
re-assignment of post. He told Tamayo, however, that he could not immediately
report to the branch office due to financial constraints since his payday was still
on the 20th of the month.
On October 20, 2015, complainant reported to their Tanjay Office but he was
told by Gamola that he was considered AWOL because he did not report to the
office since October 8, 2015.
II.

ISSUES

1. WHETHER OR NOT THE TRANSFER OF THE COMPLAINANT FROM

DUMAGUETE TO LUCA, TANJAY CONSTITUTE AN INVALID
TRANSFER TO WARRANT CONSTRUCTIVE DISMISSAL.
2. WHETHER OR NOT THE COMPLAINANT AS CONSIDERED AWOL
FROM THE SERVICE.
3. WHETHER OR NOT COMPLAINANT IS ENTITLED TO
SEPARATION PAY, UNDERPAYMENT OF WAGES, OVERTIME PAY,
HOLIDAY PAY, NIGHT PREMIUM PAY, 13TH MONTH PAY AND
SERVICE INCENTIVE LEAVE PAY, ATTORNEYS FEES AND
DAMAGES.
III.

DISCUSSIONS

1. FIRST
ISSUE:
TRANSFERRED,
DISMISSAL.

THE
THUS

COMPLAINANT
WAS
ILLEGALLY
TANTAMOUNT TO CONSTRUCTIVE

2. SECOND ISSUE: THE COMPLAINANT HAD NO INTENTION TO

LEAVE HIS POST.
3. THIRD ISSUE: THE COMPLAINANT IS ENTITLED TO SEPARATION
PAY, UNDERPAYMENT OF WAGES, OVERTIME PAY, HOLIDAY PAY,
NIGHT PREMIUM PAY, 13TH MONTH PAY AND SERVICE
INCENTIVE LEAVE PAY, ATTORNEYS FEES AND DAMAGES
IV.

PRAYER

WHEREFORE, premises considered it is most respectfully prayed of this

Honorable Labor Arbiter, that the decision be rendered to wit:
1. Declaring the termination of the herein Complainant as illegal;
2. Ordering the Respondent to pay to the Complainant his service incentive
leave pay, holiday pay, rest day premium pay and overtime pay that were all
deprived to him during his entire employment with the Respondent; and

3. Furthermore, it is likewise prayed that the complainant be paid Attorneys

Fees and damages as may be deemed proper for the financial and moral
struggles he has incurred in filing this case.

ATTY. MARY JUNRIZA S. CIMENI

Counsel the Complainant
Attorneys Roll No. 67804
IBP No. 111/2-11-17/Dumaguete
PTR No. 8966437/2-11-17/Dumaguete
MCLE Comp. Cert. No. III-0008897
Dumaguete City

Copy furnished: (by registered mail)

RICHARD GAMOLA
Area Manager
Galaxy Security Agency
Dumaguete City, 6200

Registry receipt no: _____

Date Mailed:

VERIFICATION

I, DANIEL ESPIRITU I, Filipino, of legal age, and a resident of Dumaguete

City, after having been duly sworn to in accordance with law, depose and state:
1. That I am one of the complainant of this case; and
2. That I have caused the preparation of the foregoing Position Paper,
have read the same and the contents thereof are true and correct to the
best of my personal knowledge and based on authentic records.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 5 th day
of January 2017, in Dumaguete City, Philippines.

DANIEL ESPIRITU
Affiant
CTC No. 87690976
Dumaguete City/5/1/2017
SUBSCRIBED AND SWORN to before me this 5th day of January 2017, in
the City of Dumaguete, Philippines. Affiant exhibited to me his Community Tax
Certificate above-written.

ATTY. GAZIELLA NEPOMOCENO

Notary Public
Until December 31, 2018
Notarial Commission No. 098-10
Roll No. 78998
IBP No. 1212343: 1-11-11: Dumaguete City
PTR No. 4343554: 1-11-11: Dumaguete City
MCLE Exempt

Doc. No.
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Page No.
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Book No.
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Series of 2017.