Complaint Affidavit Labor Arbiters

Republic of the Philippines )
lligan City )
COMPTAINT-AFFIDAVIT
M. ROA, of legal age, Filipino, married and a resident of 4'n

l, JONAH RIENZI
East Extension, Rosario Heights, Brgy. Tubod, lligan City, and presently an
employee of the lligan City Government and assigned at the City Human Resource
Management Office (CHRMO), Buhanginan Hills, Brgy. Pala-o, lligan City where I
can be served with the notices and processes of the Honorable Office, after
having sworn to an oath in accordance with law, do hereby depose and state:
1. As instructed, on October 20, 2020, in behalf of my principals, of

zostMo GoMEZ (Gomez) and VIL|-ARUZ (Villaruz), and spouses ALBERTO and
EMELITA SIMBAHON {Spouses Simbahon), copies of the Special Power of Attorney
are attached as Annexes "A" and "8" in the October 20,2O2O Complaint-Affidavit,
I filed a case against Executive Labor Arbiter Emiliano c. Tiongco, Jr. of NLRC Vll
and sRAB NLRC X Labor Arbiter Beverly Selim-Musni of NLRC SRAB Branch X for
violation of R.A. 3019 otherwise known as the Anti-Graft and Corrupt Practices
Act, the pertinent portions of which state:
"(e) Causing any undue injury to any party, including the

Government, or giving any private party any unwarranted benefits,
advantage or
preference in
the discharge of
his official
administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence' This provision
shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other
concessions.
"(f) Neglecting or refusing, after due demand or request, without

sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary
or material benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or discriminating
against any other interested party.";
2, Unfortunately, while the Sub.Regional Arbitration Branch X (SRAB X)

refused to respond to the directive of the Anti-Red Tape Authority for no
apparent reason, on the other hand, the NLRC Vll, through Executive Labor
Arbiter Emiliano C. Tiongco, Jr. complied and issued his comments, a copy of said
Comment is attached as Annex "D" in the October 20,2020 Complaint-Affidavit,
the pertinent portion of which states:
"WHEREFORE, premises considered, respondents' motion for

reconsideration is hereby denied. Let the records of this case be
immediately returned to the NLRC RAB Vll, Cebu City so that execution
proceedings will continue in so far as the t0% of complainants'
withheld separation pay and attorney's fees are concerned;
"The petition for injunction is hereby dismissed for lack of merit";
4. Executive Labor Arbiter Tiongco, Jr., also issue a statement dated

september 02, 2020, informing Atty. Jennelyn Rose c. Denosta, Attorney lll,
Investigation, Enforcement and Litigation office, Anti-Red Tape Authority, a copy
the
of which is attached as Annex "E" in the october 20,2o2o complaint-Affidavit,
pertinent portion of which states:
"As per Order dated August 17, 2O2O respondent National Steel
Corporation (NSC) was ordered to present justification on the amount
ofcomp|ainants,share/contributionintheadministrativeexpensesin
10% of their
the liquidation of respondent NSC chargeable against the
thereof
retirement/separation pays within ten (10) days from receipt
with proof of service to the complainants'
NSC and
"A copy ofthe August L7,2O2O order was sent to respondent
of this writing'
its counsel by registered mail on August 20' 2020' As
proof of service to
we have not yet received the Registry Return as
resPondent NSC and its counsel'
by respondent NSC
"Rest assured that we are monitoring compliance
L7, 2020 Qrder'
based on the information on its receipt of our August
within the
Should respondent NSC fail to present the iustification
given period, the Motion to LeW shall be resolved as a
matter of
course." (emPhasis suPPlied)
5.However,untiltodate,theMotiontoLew|ndustria|andResidentia|
has not been resolved and
Lots of the Respondent to Satisfy Adjudicated Claim
acted upon bY NLRC Vll;
6. On May 2021, I followed up the status of said resolution,
!4,
however, after the exchange of communication, I was instructed again to file a
Sworn Complaint Affidavit hence this affidaviU and
7. to attest to the foregoing, to warrant the

I am executing this affidavit
filing of the appropriate cases against the following Labor Arbiters for violation of
the above-mentioned provision of R.A. 3019 otherwise known as the Anti-Graft
and Corrupt and Practices:
7.t Executive Labor Arbiter Emiliano C. Tiongco, Jr. of NLRC Vll; and
7.2 Labor Arbiter Beverly Selim-Musni of NLRC SRAB X;
and for whatever purpose this may validly serve.
/h
IN WITNESS WHEREOF, I hAVC hereunto set my hand this day of May
202t at lligan City.
M. ROA
inant
SUBSCRIBED AND SWORN TO notary public in and for lligan

'D
City this /0 Oay of May 2021. Affiant personally appeared with his ldentification
(lD) Card issued by the City Government of lligan known to me as the same
person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument'
Doc. No. "trl4 ,
Pase No. UV ,
Book No. X , A,f i'

Series of 2021.
llal--i l.Cl,'.i;-ll 1'. iil. '"i'!Cll5l

Vl\Li'j iii;-i- ,., ,+:':J':2

Complaint Affidavit Labor Arbiters

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Republic of the Philippines )

M. ROA, of legal age, Filipino, married and a resident of 4'n

1. As instructed, on October 20, 2020, in behalf of my principals, of

"(e) Causing any undue injury to any party, including the

"(f) Neglecting or refusing, after due demand or request, without

2, Unfortunately, while the Sub.Regional Arbitration Branch X (SRAB X)

"WHEREFORE, premises considered, respondents' motion for

"The petition for injunction is hereby dismissed for lack of merit";

4. Executive Labor Arbiter Tiongco, Jr., also issue a statement dated

7. to attest to the foregoing, to warrant the

and for whatever purpose this may validly serve.

SUBSCRIBED AND SWORN TO notary public in and for lligan

Doc. No. "trl4 ,

Book No. X , A,f i'

llal--i l.Cl,'.i;-ll 1'. iil. '"i'!Cll5l

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