Position Paper
Position Paper
Position Paper
LIBRADO P. CASAYURAN,
Complainant,
POSITION PAPER
Prefatory statement:
PARTIES:
• The undersigned respondent later found out that he was working as Security
Guard at Life Guard Security Agency and on May 2021, he had stroke,
hospitalized and confined. In fact I have personal knowledge that he received his
SSS Disability because he is already unfit to work;
• That sometime on July 2021, he had a trouble with his wife who eloped with
another man, in order to support his claim to have custody over his children, he
requested me to issue a certificate of employment that he is a regular employee of
EOB Security Agency to prove that he is capable of supporting his children while
in fact, he is not working in my office but working as Lifeguard Security Agency
at Mandaluyong City which the complainant is now presenting the Certification
of Employment last October 3, 2022 .
• That From April to June 2022, he reported to Dual Force Security Agency. This
can be attested by one of my Security Officer Windrose Candare. His affidavit is
hereto attached and made integral part of this position paper and marked as
Annex D;
• That on July 1, 2022 he returned to EOB Security Agency and was posted to ONE
SAN ILDEFONSO MALL but when my client required that all of our Security
Guards must submit 201 File, he failed to submit. I only accommodated him out
of grace.
• That on July 16, 2022 he was recalled from his post and report to head office
because the client need the 201 files which he could not produce and I did not
terminate him; copy of the communication from the Client and Memorandum
dated July 16, 2022 is hereto attached and made integral part of this paper and
marked as Annex E and Annex F respectively.
• That I already paid his Salary for the period July 1-15, 2022 was already paid. I
personally gave the salary to the Requesting party in the amount of P7,995.00. As
proof of payment, he signed the payroll for the said period. A copy of the payroll
is hereto attached and made integral part of this paper and marked as Annex G.
ARGUMENTS:
* The complainant was not illegally dismissed because he is not a regular employee.
The certificate of employment issued in his favor was issued to help him get the
custody over his children. It was a friendly gesture on the part of respondent. A case
entitled Caseres v. Universal Robina Sugar Milling Corporation that the repeated
and successive rehiring of project employees do not qualify them as regular
employees, as length of service is not the controlling determinant of the
employment tenure of a project employee, but whether the employment has been
fixed for a specific project or undertaking, its completion has been determined at
the time of the engagement of the employee, 629 Phil. 185, 189 (2010). The
complainant was not dismissed but was only recalled on July 16, 2022 because of his
failure to submit the required 201 files. It was he who in several occasion abandoned
his post at the expense of the Security Agency. Furthermore, he cannot be a regular
employee because he failed to submit the required 201 files as a prerequisite of being
hired as Security Guard.
• The labor complaint filed against the respondent for non payment was baseless
and malicious, it is a well settled principle that in case of non payment of wages, the
burden of proof that the wages were paid is on the part of the employer because he is
in custody of records to prove that all wages are realy paid through payrolls and
payslip uless the contrary is alleged by thew employee. In the case at bar, the
undersigned respondent attached a copy of the last Payroll of Librado Casayuran
marked as Annex G that indeed the complainant actually received his last salary as
Security ard of EOB.
• And lastly, he cannot be eligible to any other benefits because he was just
accomodated on a friendly gesture by the respondent being physicaly unfit, he
already received his disability benefits from the SSS and cannot produce any 201
files.
PRAYERS
• That in view of all the foregoing the herein RESPONDENTS humbly prays to this
Honorable Board that herein instant complaint be DISMISSED for lack of merits
and no legal basis.
Other remedies just equitable under the premises are likewise being prayed for.
Done this ___TH day of OCTOBER 2022 , Quezon City, for City of San
Fernando, Pampanga;
GILBERT B. CONCEPCION
Respondent’s Representative
EOB SECURITY AGENCY, et.al.;
#201-A Dollar St., Phase B, North
Fairview, Quezon City
Copy furnished:
VERIFICATION/CERTIFICATION
FOR NON-FORUM SHOPPING
GILBERT B. CONCEPCION
Affiant
Notary Public
EDNA O. BALLA
Principal
Id No. __________________
GILBERT CONCEPCION
Attorney-in-fact
SIGNED IN THE PRESENCE OF:
_________________________ ________________________
BEFORE ME, a Notary Public for and in the City of Manila this ____ day
of _____________, personally appeared parties with ID known to me and to me
known to be the same persons who executed the foregoing Special Power of
Attorney consisting of two (2) pages including the page on which this
acknowledgment is written signed by the witnesses and they acknowledge to me
that the same is their free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal this ______ day of __________at the ________________.