Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch No. VII
Cebu City

DAN BONG,
ROB GARCIA,
ED LOCO, and
JULY VILLA
Complainants,

NLRC CASE NO. VII-08-8102018-19

- versus - For: Money Claims and Damages

Cebu Land Incorporated

Respondent
x ------------------------------------ x

POSITION PAPER

COME NOW COMPLAINANTS, through the undersigned counsel, unto this

Honorable Labor Arbitration Court most respectfully submits and presents the
following position paper:
PREFATORY STATEMENT

The present case involves a case for money claims against the respondents to wit:

a. Non-payment of salary/wages (July 1 to 11, 2012)

b. Non - payment of 13th month pay (year 2017)
c. Claim for moral and exemplary damages
d. Claim for Attorney’s Fees

THE PARTIES
The Complainants in this case are DAN BONG, ROB GARCIA, ED LOCO, and JULY
VILLA, all of legal age, Filipino and a resident of resident of Talisay City, Cebu, Minglanilla,
Cebu, Pardo, Cebu City, and Talisay, Cebu City, respectively where they could be served
with summons and other legal processes of this Honorable Office.

The Respondent is CEBU LAND (CL), is a domestic corporation, engaged in real estate
development with address at 10th Floor, Park Centrale Bldg., IT Park, Brgy. Apas Cebu City,
where they could be served with summons and other legal processes of this Honorable
Office.

STATEMENT OF THE ISSUES

The issues to be resolved in this case are as follows:

I. WHETHER OR NOT THERE EXIST EMPLOYER-EMPLOYEE RELATIONSHIP BETWEEN THE

COMPLAINANT AND THE RESPONDENT IMPLEADED IN THIS CASE;
 II. WHETHER OR NOT COMPLAINANTS ARE ENTITLED TO THEIR MONEY CLAIMS.

STATEMENT OF FACTS
Complainants Bong, Garcia and Loco, averred that on 8 May 2015, they allegedly
applied for a job at the administrative office, in the same building of respondents CL and
Mid Plains at Talisay, Cebu, which allegedly has about 300 residential units, half were
allegedly occupied and others, residential land only. They were allegedly hired by said
respondents for the maintenance and upkeep of Mid Plains Subdivision. A certain Ricky
Martin, who is known to them as the manager of CL was the person who hired them.

Moreover, Complainants Bong, Garcia and Loc had a job orientation for one day at
the Cebu Land -Mid Plains Office at Talisay, Minglanilla, Cebu. Thereafter, they were
allegedly tasked to work at the same place at Mid Plains Subdivision located at
Talisay, Cebu; and that they were given brooms, grass cutters, and other
tools/materials. They were tasked to do the cleaning of the subdivision streets,
swimming pool, main water tanks, club house, gym, basketball court and the like,
from 6:00 a.m. to 3:00 p.m. or from 9:00 a.m. to 6:00 p.m., Monday to Saturday. They
punch-in and register their attendance through time cards every workday at the
guard house where a security camera allegedly exists. They rendered overtime work
for about 2 hours whenever there be events at the Mid Plains Subdivision. If absent, they
would be required to ask permission to be absent from Ricky Martin 0
certain Issa Mano, managers of respondent-CL and at times they ask permission
from a certain Marsha Pepi known to them as the assistant of the manager of respondent
CL.

On top of that Complainants Bong, Garcia and Loc were given Metrobank paycards
during the first week of their employment in May 2015 under the account name of AB Sober
Corporation. They were paid P250 per day or P1, 500 per week and later on increased to
P353 per day on 1 November 2016. In early 2017, complainants Bong, Garcia, and Loc were
no longer given their salary via Metrobank Paycard and were instead made sign payrolls for
the release of their weekly salary. In 2017, there were allegedly no more payrolls to sign, but
they were given payslips with a Mid Plains Logo for the release of their salary. The person who
gave the complainants their salary was Ms. Lara, who is known to the complainants as the
property admin accountant of respondent Cebu Land.

On the other hand, as for Complainant, Villa, he alleged that he was hired as a
plumber by a manager named Mar Reyes in June 2014. Reyes was known to him as the
property manager of respondent CL, and a friend of his brother.

Further, Complainant Villa contented that he was a plumber of CL and Midori Plains,
allegedly tasked with the repair of plumbing problems, repair of tiles etc. of the residents Mid
Plains Subdivision. If absent, he would ask permission from either Issa Mano, known to him as
manager of respondent CL or a certain Luz Lara, allegedly the admin accountant of CL.

Furthermore, Villa alleged that he was paid P350.00 per day since employed. His
salary was given by an unnamed administrative officer of respondent CL. In 2015, he
received his wages from Ms. Lara. Sometimes, it would be a certain Mae Ann, CL Engineer,
or a certain Michael Lopiga, employee of CL.

All complainants claimed that they were not paid of their labor standards.

In September 2017, complainants talked to Lissa Magno at the CL- Mid Plains
Office at Talisay, Cebu. Ms. Mano told them saying, “Ipa-agency na tamo” (We will
place you under agency.) Complainants replied that they wanted to be paid of their
service.

Days passed and Ms. Mano talked to complainants once again. Ms. Mano allegedly
asked them to write their names on blank sheet of papers, telling them “ang mosulat sa ilang
ngalan kay magpabilin sa trabaho, ang dili kay matangtang.” (Those who would write their
names will remain in service, those who won't, will be dismissed.) Complainants were
allegedly shocked and confused.
.
Hence, the filing of the instant case, but they were not actually dismissed as they
continued working until present.

DISCUSSIONS AND ARGUMENTS

PRAYER

WHEREFORE, it is most respectfully prayed that a Decision be rendered by this

Honorable Office

(i.) declaring that;

a.) complainant committed breach of contract;

b.) complainant is not entitled to any monetary claims; and

(ii.) Ordering complainant to pay damages by way of attorney’s fee.

Other remedies just and equitable under the premises is likewise prayed.

Such other reliefs which are just and equitable under the circumstances are likewise
prayed for.

Talisay City, Cebu Philippines, September 25, 2010.

ATTY. APRIL B. SUMALINOG

Counsel for the Complainant
Roll No.: 56789
PTR No. 3456; 2/15/10; Talisay
IBP No. 4567; 3/20/10; Talisay
MCLE Compliance No. III-016 6/16/10
13th Flr. Blacck Bldg. Ponce St., Talisay City,
Cebu

Copy furnished:
Counsel for Defendant
Address