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    Reply To Rejoinder

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    Florence Bumanlag
    1) Baltazar Bonifacio So filed a complaint against Aliyah Security Agency, Inc. for underpayment of wages and illegal dismissal without due process. 2) So provided evidence and testimony that he was paid less than minimum wage for overtime hours worked and was dismissed over the phone without being afforded his right to due process. 3) So's wife Lilian Lopez So also provided an affidavit stating that the owner of the security agency attempted to convince So to withdraw his complaint and return to work.

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    Reply To Rejoinder

    Uploaded by

    Florence Bumanlag
    30 views4 pages
    1) Baltazar Bonifacio So filed a complaint against Aliyah Security Agency, Inc. for underpayment of wages and illegal dismissal without due process. 2) So provided evidence and testimony that he was paid less than minimum wage for overtime hours worked and was dismissed over the phone without being afforded his right to due process. 3) So's wife Lilian Lopez So also provided an affidavit stating that the owner of the security agency attempted to convince So to withdraw his complaint and return to work.

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    1) Baltazar Bonifacio So filed a complaint against Aliyah Security Agency, Inc. for underpayment of wages and illegal dismissal without due process. 2) So provided evidence and testimony that he was paid less than minimum wage for overtime hours worked and was dismissed over the phone without being afforded his right to due process. 3) So's wife Lilian Lopez So also provided an affidavit stating that the owner of the security agency attempted to convince So to withdraw his complaint and return to work.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    30 views4 pages

    Reply To Rejoinder

    Uploaded by

    Florence Bumanlag
    1) Baltazar Bonifacio So filed a complaint against Aliyah Security Agency, Inc. for underpayment of wages and illegal dismissal without due process. 2) So provided evidence and testimony that he was paid less than minimum wage for overtime hours worked and was dismissed over the phone without being afforded his right to due process. 3) So's wife Lilian Lopez So also provided an affidavit stating that the owner of the security agency attempted to convince So to withdraw his complaint and return to work.

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    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    of 4

    Republic of the Philippines

    Department of Labor and Employment


    NATIONAL LABOR RELATIONS COMMISSION
    National Capital Region Quezon City

    BALTAZAR BONIFACIO SO,


    Complainant,

    -versus- NLRC-NCR Case No. 04-00585-22


    (Labor Arbiter Salvador Alcuino)
    ALIYAH SECURITY AGENCY, INC.,
    ET AL,
    Respondents.

    REPLY TO REJOINDER
    The undersigned COMPLAINANT and unto this Honorable Labor Arbitration
    Office, most respectfully submits this reply to rejoinder and avers the following to wit:

    1. The undersigned Complainant is not impressing this August body. I am just


    informing the body about the predicament I suffered because of the unfair labor
    practices committed against me by the Respondent Company. Settled is the rule
    that in cases of non-payment and underpayment of salaries and wages, the
    employer has the burden of proof to show that the worker/employee has been paid
    all his salaries and wages since it has in its possession the proof of payment such
    as payrolls and/or vouchers (Sambalonay v. Jose Cuevas, NLRC No. RB IV -
    186447, February 13, 1980) and in the absence of proof to the contrary, it is
    deemed that no payment has been made. The Respondent Company actually
    provided an evidence in my favor that indeed, I was underpaid because the payroll
    presented states 12 hours duty for P400. Any excess of 8 hours rendered work is
    deemed overtime which I was not compensated.

    2. That there is lapse of mind when I was questioning the signatures affixed on the
    payroll because it is really not my signature. And because of old age, I forgot I
    received said salary from my co-worker. It is still a questionable practice to
    release salary without written authorization form the employee. I could cause
    confusion and fraud. Nevertheless, I was still underpaid.

    3. I was not on Absence without Leave (AWOL) but was illegally dismissed. The
    Incident occurred on March 13, 2022 when I was about to report for duty at San
    Lorenzo Hospital, The Respondent Company thru phone informed me “HINDI
    KA NA PWEDENFG PUMASOK MAGMULA NGAYON. PUTANG INA, PAG
    AKO PUMUNTA DIYAN, AKO ANG KAKALADKAD SAYO PALABAS.” I
    asked for my dismissal paper and said “WALA KANG KARAPATAN SA MGA
    PAPEL!” Under the Labor Code, I should be afforded a due process and a 30 day
    period before being dismissed.

    4. That a week after, I went to the office of the Respondent Company to get my
    Salary for March 1 to 15 and informed me that it is with the Secretary. But when I
    asked the Secretary, she said it is in the house. I told them that will just resign and
    again did not entertain me. This prompted me to file a complaint with this August
    body.

    5. When the owner of Respondent Company had knowledge over the case, on April
    2, 2022, went to my house and when I did not show up, she, asked my wife
    LILIAN L. SO to have a talk at Mc Donalds. And asked her to convince me to
    come back and report for duty and get my salary which was deposited at Cebuana.
    Her AFFIDAVIT is hereto attached and marked as Annex A and made integral part
    of this Reply to Rejoinder.

    6. Under the circumstances, there is clear evidence to show that indeed, there was
    underpayment and illegal dismissal.

    PRAYER
    WHEREFORE, premises considered, it is most respectfully prayed of this
    Honorable Labor Arbiter, that decision be rendered in my favor

    1. Ordering the Respondent to pay to the complainant the salary differential due to
    him in the amount to be determined by this Honorable Body based on prevailing
    Regional Wage and Productivity Board orders.
    2. Ordering the Respondent to pay the Complainant his Service incentive leave pay,
    holiday pay, rest day premium pay, overtime pay and night shift differentials that
    were all deprived from him during his entire employment with the respondent.
    3. Furthermore, it is likewise prayed unto the Honorable Labor Arbiter to order the
    respondent to pay the undersigned Complainant nominal damages in the amount
    of P10,000.00 for not affording the complainant to procedural due process for
    refusal to let him resign, the amount of P100,000.00 as moral damages and the
    amount of P50,000.00 as exemplary damage

    Other reliefs just and equitable under the premises are also prayed for.

    RESPECFULLY SUBMITED

    Quezon City, July 27, 2022.

    BALTAZAR B. SO
    Complainant

    Copy furnished: (By registered mail)

    ALIYAH SECURITY AGENCY, INC. Registry Receipt No______________


    Mrs. Clara M. Pagulayan, Date Mailed:___________________
    Unit 3, 2 Floor Area Bldg., Celia Subdv., 168
    nd

    Deparo Subdivision, Caloocan City, Metro Manila

    .
    VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING
    I, BALTAZAR B. SO, Filipino, of legal age, under oath hereby depose and state
    that:

    1. I are the complainants in the above-entitled case;


    2. I have caused the preparation of the foregoing Position Paper;
    3. I have read and understood the contents thereof and that the same are true and
    correct to the best of my own personal knowledge;
    4. I further certify that I have not filed nor commenced any other action or
    proceeding involving the same issues in the Supreme Court, the Court of Appeals
    or different divisions thereof, or any other tribunal or agency, and to the best of
    my knowledge, no such action or proceeding is pending in the Supreme Court, the
    Court of Appeals or different divisions thereof, or any other tribunal or agency;
    5. That should I hereafter learn that a similar action or proceeding has been filed or
    is pending in the Supreme Court, the Court of Appeals or different divisions
    thereof, or any other tribunal or agency, we undertake to promptly inform this
    Honorable Office and such other tribunal or agency of said fact within five (5)
    days therefrom.

    IN WITNESS WHEREOF, I have hereunto set my hands this 27 th day of July


    2022 in Quezon City, Philippines.

    BALTAZAR B. SO
    Complainant

    SUBSCRIBED AND SWORN to before me this 10h day of June 2022 in Quezon
    City, affiant exhibiting to me their Identification Cards bearing their photographs and
    signatures as competent proof of their identity.

    Doc No. ____;


    Page No. ____;
    Book No. ____;
    Series of 2022.
    REPUBLIC OF THE PHILIPPINES)
    QUEZON CITY )SS.

    AFFIDAVIT

    I, LILIAN LOPEZ SO, of legal age married to Baltazar B. So and resident of


    Rand St., North Fairview, Quezon City after being duly sworn to in accordance with law,
    hereby depose and say:

    That I am the wife of the Complainant under NLRC Case No. 04-00585-22
    entitled Baltazar Bonifacio So vs Aliyah Security Agency , Inc and Clara Pagulayan.

    That Clara Pagulayan on April 2, 2022, went to my house and asked if she could
    talk to my husband, Baltazar So. When my husband refused to show our, she asked me
    to go to Mac Donalds to have a talk;

    Said Clara Pagulayan asked me to convince my husband to come back and report
    for duty and get his salary which was deposited at Cebuana.

    That Clara Pagulayan even asked a fellow guard, BIBING CATULONG who
    came to my house to convince my husband to retract his complaint against Aliya
    Security Agency.

    That I am stating the above facts are true and correct to the best of my knowledge.

    AFFIANT SAYETH NAUGHT.

    IN WITNESS WHEREOF, I have hereunto set my hands this 27 th day of July


    2022 in Quezon City, Philippines.

    LILIAN LOPEZ SO
    Affiant

    SUBSCRIBED AND SWORN to before me this 10h day of June 2022 in Quezon
    City, affiant exhibiting to me their Identification Cards bearing their photographs and
    signatures as competent proof of their identity.

    Doc No. ____;


    Page No. ____;
    Book No. ____;
    Series of 2022.

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