REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch
Cordillera Administrative Region
Baguio City

JERWIN AVELLANOSA,
Complainant,
NLRC-RAB-CAR 12-
0418-16

-versus-

TAODHARMA INC.
(ALLPHONES PH.)
Rep. by PATRICK PALMA
(HR HEAD)
Respondent.
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POSITION PAPER
COMPLAINANT, through the undersigned counsel and unto
this Honorable Labor Arbitration Office, most respectfully
submits this POSITION PAPER and avers the following:

PREFATORY STATEMENT

The Complainant in this case is JERWIN AVELLANOSA, of

legal age, Filipino citizen, married, with residence address at 12
Kamagong St., Woodsville Subdivision, Camp 7, Baguio City,
where he could be served with summons and other legal
processes of this Honorable Office.

The Respondent is TAODHARMA INC. with a trade name

of ALLPHONES (hereinafter referred to as “ALLPHONES” for
brevity), represented by Patrick Palma as its HR Head, a
business establishment engaged in retail selling of cellphones
and gadgets, with business address at Tao Technology Group
Building, P. Antonio St., cor. F. Legaspi St., Ugong, Pasig, where
the said establishment and representative could be served with
summons and other legal processes of this Honorable Office.

STATEMENT OF FACTS

The Complainant was formerly a probationary employee

for the position of Store Manager for Baguio ALLPHONES SM
Baguio Branch from September 12, 20131 until his resignation
effective March 1, 2015. The monthly base pay shall cover a
five-day workweek and all regular and special holidays and as
approved by the Regional Department of Labor and
Employment. Among the benefits2 during Complainant’s
probationary status and upon regularization are the following:

BENEFIT During Probationary Upon

Staus Regularizatioon
Basic pay PHP 35,000.00
Transportation Allowance PHP 5,000.00
Government Mandated SSS (Sickness, Maternity &Retirement), PhilHealth,
Benefits Pagibig, Employee Compensation (EC)
13th Month Pay One (1) monthly base pay to those with at least one (1)
year of service. Pro-rata for those with at less than one
(1) year of service.
Medical Coverage (HMO) Not covered 1+2 dependents (additional
to be covered by the
employee).
Coverage: 150K-proncipal &60K-
Dependent/s
Group Life Insurance Not covered PHP 500K coverage
Sick Leaves Earned at 0.83 per month Banked 5 days SL can already
or (5 days six be availed (10 days per year)
months) Can be accumulative up to a
maximum of 90 days
Vacation Leaves Earned at 0.83 per month Banked 5 days VL can already
or (5 days six be availed (10 days per year)
months) Non-convertible to cash
Communication PHP 800.00
Allowance
Incentive Program Yes
Product Discount Exclusive employee discount program
Fruit Basket for New Not covered PHP 1,000 worth of Fruit
Mothers Basket (legal spouse)

As per company policy, Complainant’s salary from

February 1-28, 2015 was put on hold upon filing of his
resignation papers. Upon release of said clearance, a maximum
of three (3) months to release Employment Certificate, final
Basic Pay, Transportation Allowance, Communication Allowance,
1
Annex “A”, Job Contract.
2
Annex “A”, Job Contract, p.2.
pro-rated 13th Month Pay, commissions and conversion of
unused Sick Leave/Vacation Leave should have been given to
Complainant. However, ALLPHONES failed to give such benefits
to Complainant.

ISSUES

1. WHETHER OR NOT COMPLAINANT IS ENTITLED TO FINAL

BASIC PAY, TRANSPORTATION ALLOWANCE,
COMMUNICATION ALLOWANCE, PRO-RATED 13TH
MONTH PAY, COMMISSIONS AND CONVERSION OF
UNUSED SICK LEAVE/VACATION LEAVE.

2. WHETHER OR NOT THE RESPONDENT IS LIABLE TO THE

COMPLAINANT FOR NOMINAL DAMAGES AND MORAL
DAMAGES.

FIRST ISSUE: FINAL BASIC PAY, TRANSPORTATION

ALLOWANCE, COMMUNICATION ALLOWANCE, PRO-RATED
13TH MONTH PAY, COMMISSIONS AND CONVERSION OF
UNUSED SICK LEAVE/VACATION LEAVE

As to the entitlement of service incentive leave pay, rest

day pay and holiday pay premiums, the Complainant believes
that he is entitled to the same just like all other regular
employees and as guaranteed by the Labor Code of the
Philippines. The complainant was deprived of his _____

SECOND ISSUE: NOMINAL DAMAGES, EXEMPLARY

DAMAGES AND MORAL DAMAGES

PRAYER
 WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Labor Arbiter, that decision be
rendered, to wit:

1. Ordering the Respondent to pay to the

Complainant his final basic pay and other benefits due
to him.

2. Ordering the Respondent to pay the herein

Complainant nominal damages in the amount of Php
____, the amount of Php ___,000.00 as moral damages
and the amount of Php ___,000.00 as exemplary
damages.

Other reliefs just and equitable under the premises are

also prayed for.

RESPECTFULLY SUBMITTED.

Baguio City, February 1, 2017.

COPY FURNISHED VIA REGISTERED MAIL

Tao Technology Group Building

P. Antonio St., cor. F. Legaspi St., Ugong
Pasig
Republic of the Philippines)
BAGUIO CITY…………………….)S.S.
x-----------------------------------x

VERIFICATION/CERTIFICATION

I, JERWIN AVELLANOSA, of legal age, Filipino citizen,

married, with residence address at 12 Kamagong St., Woodsville
Subdivision, Camp 7, Baguio City, after having been duly sworn
to in accordance with law state the following:

1. That I am the complainant in the above-mentioned case. I

have read and understood its (NLRC-RAB-CAR 12-0418-16)
contents which are true and correct based on my personal
knowledge and based on authentic records;

2. That I have not therefore commence any other action or

proceeding involving the same issues and the same
parties in any court, Court of Appeals or Tribunal or Quasi-
Judicial Agency and to the best of my own knowledge and
belief, no such action or proceeding is pending before any
court, tribunal or agency; that if I should thereafter learn
of a similar action or proceeding before any Court, Tribunal
or Agency, we will personally inform the Court of the same
within five (5) days from such notice.

I hereby affix my signature this 1 st day of February 2017,

Baguio City, Philippines.

JERWIN AVELLANOSA
LTO Driver’s License No. A01-04-096556
SUBSCRIBED AND SWORN to before me this 1st day of February
2017, Baguio City, Philippines.

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