How to write a position paper:

In a position paper, you will choose a side on a particular controversial topic and
build up a case for your opinion or position. Once you state your position, you
will use facts, opinion, statistics and other forms of evidence to convince your
reader that your position is the best one.
As you collect research for your position paper and begin to craft an outline, you
must remember that the teacher will be looking for a well-constructed argument.
This means that the subject matter and your topic is not as important as your
ability to make a case. You topic could be simple or complexbut your argument
must be sound and logical.
Select a Topic
Your position paper is going to center around a personal belief that is supported
by research, so you have an opportunity to tap into your own strong feelings in
this assignment. Take advantage of this opportunity! Find a topic that is near and
dear to your heart, and youll put more of your heart into your work. That always
leads to a better outcome.
Conduct Preliminary Research
Preliminary research is necessary to determine whether evidence is available to
back up your stance. You dont want to get to attached to a topic that falls apart
under a challenge.
Search a few reputable sites, like educations sites and government sites, to find
professional studies and statistics. If you come up with nothing after an hour of
searching, or if you find that your position doesnt stand up to the findings on
reputable sites, you might want to find another topic.
Challenge Your Own Topic
This is a very important step! You must know the opposite view as well as you
know your own stance when you take a position. You must know all the possible
challenges that you might face as you support your view. Your position paper
must present the opposing view and chip away at it with counter evidence.
For this reason, you must find arguments for the other side of your position,
address those arguments, and state why they are not sound.
Draw a line down the middle of a sheet of paper and list your points on one side
and list opposing points on the other side. Which argument is really better?
Continue to Collect Supporting Evidence
Once youve determined that your position is supportable and the opposite
position is (in your opinion) weaker than your own, you are ready to branch out
with your research. Go to a library and conduct a search, or ask the reference
librarian to help you find more sources.
Try to collect a variety of sources, to include an experts opinion (doctor, lawyer,
or professor, for example) and personal experience (from a friend or family
member) that can add an emotional appeal to your topic.
Create an Outline
A position paper might be arranged in the following format:
1. Introduce your topic with a little background information. Build up to
your thesis sentence, which asserts your position. Sample points:
For decades, the FDA has required that warning labels should be placed on
certain products that pose a threat to public health.
Fast food restaurants are bad for our health.
Fast food packages should contain warning labels.
2. List possible objections to your position. Sample points:
Such labels would affect profits of major corporations.
Many people would see this as overreaching government control.
Whose job is it to determine which restaurants are bad? Who draws the line?
The program would be costly.
3. Support and acknowledgement of the opposing points. Sample points:
It would be difficult and expensive for any entity to determine which
restaurants should adhere to the policy.
Nobody wants to see the government overstepping its boundaries.
Funding would fall onto the shoulders of taxpayers.
4. Explain that your position is still the best one, despite the strength of counter
arguments. Sample points:
The cost would be countered by the improvement of public health.
Restaurants might improve the standards of food if warning labels were put
into place.
One role of the government is to keep citizens safe.
The government already does this with drugs and cigarettes.
5. Summarize your argument and restate your position.
Get Attitude When you write a position paper, you should write
with confidence. In this paper you want to state your opinion with authority.
After all, your goal is to demonstrate that your position is the correct one. Be
assertive, but don't be cocky. State your points and back them up with evidence.

FOUR STEPS TO WRITING A POSITION
PAPER YOU CAN BE PROUD OF


The position paper is literally your bible throughout
the conference.
Essentially, the paper forces you to write out you
countrys viewpoints in paragraph form. Its also the
first important mode of evaluation for the committee
chair; all papers must be submitted some weeks or
months in advance to the Conference Secretariat.
Naturally, given its significance to the MUN experience, the position paper is something you want to
excel at, and to do this, several criteria must be met.
At the onset of this discussion on the position paper it is particularly significant to stress that it must
be written from your countrys perspective. Again, as this document will be your guideline for action
throughout the entire conference, its in your best interests to give an accurate portrayal of your
countrys stance on the issues at hand.
Simply put, the position paper is meant to give delegates an opportunity to organize their research
into an organized policy statement.

Before You Begin
Before you start writing, its important to look at the questions that were outlined in your
background research packet (the documents sent to you by the committee chair). Suggesting a
comprehensive course of action that answers these queries is the ultimate goal of your write-up. A
good position paper should make clear reference to these guidelines and demonstrate that the
students clearly comprehend the creative and compositional depth required for an MUN simulation.
If one were looking for some sort of rubric as to what the ideal position paper should consist of, there
would be a number of clearly identifiable elements. The position paper has a definite general
structure to it: three sections (totalling one page in length) each of which serves a clear purpose
within the general context of the paper.
With reference to Sample Position paper A (bottom of the post), we can analyze these different parts
and comment on the relative successes of specific techniques used to elucidate points.

1. Outline the Topic in General
The first section (labelled A) serves the purpose of outlining the topic in general and providing
insight into the root of the conflict.
As the subject of the paper is Free Trade, the write-up begins by first stating the areas of concern,
discussing some of the positive and negative aspects of globalization, as well as emphasizing the
controversial nature of the topic at hand. Your opening paragraph should, as this paper attests to, be
a brief summary of the current perception held towards the status quo. It should state the problem
and express why it is significant.

2. Identify and Describe Your Country How Has Your State Been
Affected?
The second section (labelled B) is where your background research on your country pays off.
Firstly, you should identify and describe your country. Be sure to state how your nation relates to the
topic for discussion, specifically citing how your state has been affected (B1). It is imperative to
emphasize the extent to which change has taken place. Hold off any normative judgments in this
section, the purpose of this paragraph is not to evaluate the institution or development in reference
to your country, but rather, to merely discuss how it has altered domestic dynamics.

3. Your Countrys Policies and Proposed Solutions
The third section (labelled C) is where you outline your countrys policies and what factors
contributed to those policies being established in the first place.
At this point, you are to address the relative benefits (if any) and detriments of the development,
specifically relating to your nation and the actions you have taken to maximize or minimize these
effects. You are to explain why your country has acted in a certain fashion historically (C1), and why
it will continue to follow this course of action.
Outline your states particular interest in the issue being discussed, and begin to discuss what needs
to be changed about the current interpretation of the situation. Cite the areas needing reform (C2)
and provide suggestions as to how this revision process should be accomplished. Following this, you
may want to focus on one area of particular concern for your country (C3). Depending on your topic
area, this could be anything from the affect of a war on a nations health care infrastructure to how
creating new national boundaries may affect resource deposits running along the potential borders.
In this particular paper, attention is brought to Regional Trade Alliances (C4) and their associated
problems, something that, as been noted, holds special significance to Oman.
By approaching a problematic scenario in greater detail, you are demonstrating to the chair and to
fellow delegates that you have the capacity to think critically and can identify the issues with which
your country has the greatest concern. This being said, choose this area carefully: given the issues
prominence in your position paper (and correspondingly the problems significance to your country
as a whole), you will have to stress its importance during committee session. Be sure to select an area
of concern that could potentially form the basis of a resolution, or at least one that can stimulate
prolonged debate.

4. Tie Together Loose Ends
Finally, a conclusion should be written to restate your countrys position and sum up what you hope
to achieve throughout the duration of the conference (D).
The position paper leaves the committee chair with a first impression of your delegation.
Naturally, its important to make that impression as strong as possible. The staff looks for original
and critical thinking, a true understanding of the nature of your nation and both a function and
applied knowledge of your topic.
Be sure to demonstrate this through presenting a concise yet effective paper. As expressed before, be
sure to dedicate equivalent energy to position papers for both topic areas. They are equally important
in the eyes of the committee and the directors (the people who will be evaluating your write-ups).

The Waiting Game
After submitting your position paper to the conference secretariat, there usually is a two week to one
month stretch where you play the waiting game. As you will no doubt be busy with schoolwork,
dont worry excessively about preparation. On weekends, however, you may find it helpful to review
material and do more researching so as to keep up to date with the latest happenings. Other than
that, get ready for Showtime!

Sample Position Paper
Topic: Free Trade
Country: Oman
Committee: Economic and Financial (ECOFIN)
(A) The tumultuous conflict surrounding the issue of free trade and its variegated ramifications has
been a moot point ever since the creation of the modern state. While exponents of free trade argue
that comparative advantage and the development of economies of scale outweigh the associated
detriments of a free market economy, their adversaries purport that smaller, national economies that
are inundated with cheaper international goods from free trade begins to flounder and lose
elfsustainability. Those in opposition to free trade, also make reference to the exponentially rising
human rights and environmental violations that are a direct consequence of burgeoning global
market.
(B) Oman is perched in the putatively lofty position of an oilexporting nation. However, this
appraisal is a mere simulacrum of our actual situation. (B1) Oman relies on entities such as the
World Trade Organization to help facilitate the purchasing and exchange of good across the global
market, thus enabling essential goods to disseminate across our land. Prior to the admission of the
Sultanate of Oman into the WTO, the country was involved at an economic level with the nations of
Organization of Petroleum Exporting Countries (OPEC), although Oman was never a member. In
spite of this, Oman generally adheres to their collective mandate in order to Eix oil prices and protect
the special interests of this conglomerate.
(C) Oman joined the WTO in order to voice its support for the continuing liberalization of world
markets. (C1) Furthermore, Oman believes that this unique amalgamation acts as a vehicle for
increased prosperity by raising the amount of Foreign Direct Investment and domestic stimulation.
Oman, due to its new position in the WTO, has now broadened trade with Western nations, and
hopes for this trend to continue. (C2) However, Oman also recognizes that in order for the economic
infrastructure of not only Oman, but also other developing countries to remain stable, the steps of
tariff reduction, and all encompassing globalization must be gradual, lest there be recurrences of
strife, as initially seen in the Former Yugoslavia and the Russian Federation. The WTO must also
take further steps to impose a universal human rights and environmental standards operating code,
which must be enforced uniformly. With the need for international cooperation has come the desire
for regional association. This chain of motivation for many a nation has manifested itself in the
formation of Regional Trading Associations. (C3) Although this arrangement ostensibly
accommodates both desires, it actually results in alliances whose members are common enough in
geographic similarity to have some consensus, but diverse enough to yield almost unremitting
disapprobation from some of the parties on any given issue. Therefore, these theoretical constructs
when applied in reality are far from seamless and are not the definitive solutions to conflicting
national agenda.
(C4) In Omans specific scenario, the aforementioned generalization holds true. Consequently, Oman
is not a member of OPEC. In addition, not only do there exist the problems inherent to RTAs, but
also the members of OPEC lack significant economic diversity in various industrial and resource
sectors to make such a pact mutually pragmatic. Rather, this specific concern is ignored in light of
the prodigious matter of oil, which takes the forefront in any discussions of world trade. (D) Oman
believes that the benefits of comparative advantage, economies of scale, and specialization outweigh
the problems associated with a world abiding by principles of increasing economic globalization and
free trade. This being said, Oman pushes for the continued expansion of such policies while urging
organizations such as the WTO to refine specific clauses so that the exploitation of labour and the
environment does not go unchecked.

This article was written in high school by Al-Nawaz Jiwa St. Georges MUN Head Delegate and
World MUN Champion. Al-Nawaz received a masters in Political Science from Yale University.

WRITING A POSITION PAPER
The following material explains how to produce a position paper (sometimes called a
point of view paper). A template is provided that outlines the major parts of a good
position paper. Keep in mind, however, that this is just a guide. Talk to your
TAs about their individual expectations. Your TAs may want you to include
some criteria that do not appear in this outline. Make sure you check with
them.
Like a debate, a position paper presents one side of an arguable opinion about an
issue. The goal of a position paper is to convince the audience that your opinion is
valid and defensible. Ideas that you are considering need to be carefully examined in
choosing a topic, developing your argument, and organizing your paper. It is very
important to ensure that you are addressing all sides of the issue and presenting it in
a manner that is easy for your audience to understand. Your job is to take one side
of the argument and persuade your audience that you have well-founded knowledge
of the topic being presented. It is important to support your argument with evidence
to ensure the validity of your claims, as well as to refute the counterclaims to show
that you are well informed about both sides.

Issue Criteria
To take a side on a subject, you should first establish the arguability of a topic that
interests you. Ask yourself the following questions to ensure that you will be able to
present a strong argument:
Is it a real issue, with genuine controversy and uncertainty?
Can you identify at least two distinctive positions?
Are you personally interested in advocating one of these positions?
Is the scope of the issue narrow enough to be manageable?
In the CMNS 130 courseware the article by Fleras begins to set out a range of issues you
may choose to address. Your tutorial leader will also have a set of suggested paper topics.
The suggested paper topics will also be available on the CMNS 130 website.

Analyzing an Issue and Developing an Argument
Once your topic is selected, you should do some research on the subject matter.
While you may already have an opinion on your topic and an idea about which side
of the argument you want to take, you need to ensure that your position is well
supported. Listing the pro and con sides of the topic will help you examine your
ability to support your counterclaims, along with a list of supporting evidence for
both sides. Supporting evidence includes the following:

Type of Information
Type of Source How to find these sources
introductory information
and overviews
directories,
encyclopedias,
handbooks
Use the Library catalogue
in-depth studies
books, government
reports
Library catalogue, Canadian Research
Index, Government web sites
scholarly articles academic journals Article indexes
current issues newspapers, magazines Article indexes
statistics
government agencies
and associations
Statistics Canada, Canadian Research
Index, journal articles
position papers and
analyses
association and institute
reports
Library catalogue, web sites
Many of these sources can be located online through the library catalogue and electronic
databases, or on the Web. You may be able to retrieve the actual information electronically
or you may have to visit a library to find the information in print. The librarians
presentation on October 10
th
after your mid-term exam will assist in your orientation of the
SFU library.
** You do not have to use all of the above supporting evidence in your papers. This is
simply a list of the various options available to you. Consult your separate assignment sheet
to clarify the number and type of sources expected.

Considering your audience and determining your viewpoint
Once you have made your pro and con lists, compare the information side by side.
Considering your audience, as well as your own viewpoint, choose the position you
will take.
Considering your audience does not mean playing up to the professor or the TA. To convince
a particular person that your own views are sound, you have to consider his or her way of
thinking. If you are writing a paper for a sociology professor/TA obviously your analysis
would be different from what it would be if you were writing for an economics, history, or
communications professor/TA. You will have to make specific decisions about the terms you
should explain, the background information you should supply, and the details you need to
convince that particular reader.
In determining your viewpoint, ask yourself the following:
Is your topic interesting? Remember that originality counts. Be aware that your
professor/TA will probably read a number of essays on the same topic(s), so any
paper that is inventive and original will not only stand out but will also be
appreciated.
Can you manage the material within the specifications set by the instructor?
Does your topic assert something specific, prove it, and where applicable, propose a
plan of action?
Do you have enough material or proof to support your opinion?

Organization
Sample Outline
I. Introduction
___A. Introduce the topic
___B. Provide background on the topic to explain why it is important
___C. Assert the thesis (your view of the issue). More on thesis statements can be
found below.
Your introduction has a dual purpose: to indicate both the topic and your approach to
it (your thesis statement), and to arouse your readers interest in what you have to
say. One effective way of introducing a topic is to place it in context to supply a
kind of backdrop that will put it in perspective. You should discuss the area into
which your topic fits, and then gradually lead into your specific field of discussion
(re: your thesis statement).
II. Counter Argument
___A. Summarize the counterclaims
___B. Provide supporting information for counterclaims
___C. Refute the counterclaims
___D. Give evidence for argument
You can generate counterarguments by asking yourself what someone who disagrees
with you might say about each of the points you've made or about your position as a
whole. Once you have thought up some counterarguments, consider how you will
respond to them--will you concede that your opponent has a point but explain why
your audience should nonetheless accept your argument? Will you reject the
counterargument and explain why it is mistaken? Either way, you will want to leave
your reader with a sense that your argument is stronger than opposing arguments.
When you are summarizing opposing arguments, be charitable. Present each
argument fairly and objectively, rather than trying to make it look foolish. You want
to show that you have seriously considered the many sides of the issue, and that you
are not simply attacking or mocking your opponents.
It is usually better to consider one or two serious counterarguments in some depth,
rather than to give a long but superficial list of many different counterarguments and
replies.
Be sure that your reply is consistent with your original argument. If considering a
counterargument changes your position, you will need to go back and revise your
original argument accordingly.
For more on counterarguments
visit: http://www.unc.edu/depts/wcweb/handouts/argument.html
III. Your Argument
___A. Assert point #1 of your claims
_____1. Give your educated and informed opinion
_____2. Provide support/proof using more than one source (preferably three)
___B. Assert point #2 of your claims
_____1. Give your educated and informed opinion
_____2. Provide support/proof using more than one source (preferably three)
___C. Assert point #3 of your claims
_____1. Give your educated and informed opinion
_____2. Provide support/proof using more than one source (preferably three)
You may have more than 3 overall points to your argument, but you should
not have fewer.
IV. Conclusion
___A. Restate your argument
___B. Provide a plan of action but do not introduce new information
The simplest and most basic conclusion is one that restates the thesis in different
words and then discusses its implications.

Stating Your Thesis
A thesis is a one-sentence statement about your topic. It's an assertion about your
topic, something you claim to be true. Notice that a topic alone makes no such
claim; it merely defines an area to be covered. To make your topic into a thesis
statement, you need to make a claim about it, make it into a sentence. Look back
over your materials--brainstorms, investigative notes, etc.--and think about what
you believe to be true. Think about what your readers want or need to know. Then
write a sentence, preferably at this point, a simple one, stating what will be the
central idea of your paper. The result should look something like this:
Original Subject: an important issue in my major field
Focused Topic: media technology education for communication majors
Thesis: Theories of media technology deserve a more prominent place in this Universitys
Communication program
Or if your investigations led you to a different belief:
Thesis: Communication majors at this University receive a solid background in
theories of media technology
It's always good to have a thesis you can believe in.
Notice, though, that a sentence stating an obvious and indisputable truth
won't work as a thesis:
Thesis: This University has a Communication major.
That's a complete sentence, and it asserts something to be true, but as a thesis it's a
dead end. It's a statement of fact, pure and simple, and requires little or nothing
added. A good thesis asks to have more said about it. It demands some
proof. Your job is to show your reader that your thesis is true.
Remember, you can't just pluck a thesis out of thin air. Even if you have remarkable
insight concerning a topic, it won't be worth much unless you can logically and
persuasively support it in the body of your essay. A thesis is the evolutionary result
of a thinking process, not a miraculous creation. Formulating a thesis is not the first
thing you do after reading the essay assignment.Deciding on a thesis does not
come first. Before you can come up with an argument on any topic, you have to
collect and organize evidence, look for possible relationships between known facts
(such as surprising contrasts or similarities), and think about the beneath-the-
surface significance of these relationships. After this initial exploration of the
question at hand, you can formulate a "working thesis," an argument that you think
will make sense of the evidence but that may need adjustment along the way. In
other words, do not show up at your TAs office hours expecting them to
help you figure out your thesis statement and/or help organize your paper
unless you have already done some research.
For more information regarding thesis statements
visit: http://www.unc.edu/depts/wcweb/handouts/thesis.html

Writing with style and clarity
Many students make the mistake of thinking that the content of their paper is all that
matters. Although the content is important, it will not mean much if the reader cant
understand what you are trying to say. You may have some great ideas in your
paper but if you cannot effectively communicate them, you will not receive a very
good mark. Keep the following in mind when writing your paper:
Diction
Diction refers to the choice of words for the expression of ideas; the construction,
disposition, and application of words in your essay, with regard to clearness,
accuracy, variety, etc.; mode of expression; and language. There is often a tendency
for students to use fancy words and extravagant images in hopes that it will make
them sound more intelligent when in fact the result is a confusing mess. Although
this approach can sometimes be effective, it is advisable that you choose clear words
and be as precise in the expression of your ideas as possible.

Paragraphs
Creating clear paragraphs is essential. Paragraphs come in so many sizes and
patterns that no single formula could possibly cover them all. The two basic
principles to remember are these:
1) A paragraph is a means of developing and framing an idea or impression. As a
general rule, you should address only one major idea per paragraph.
2) The divisions between paragraphs arent random, but indicate a shift in focus.
In other words you must carefully and clearly organize the order of your
paragraphs so that they are logically positioned throughout your paper.
Transitions will help you with this.
For further information on paragraph development
visit: http://www.unc.edu/depts/wcweb/handouts/paragraphs.html

Transitions
In academic writing your goal is to convey information clearly and concisely, if not to
convert the reader to your way of thinking. Transitions help you to achieve these
goals by establishing logical connections between sentences, paragraphs, and
sections of your papers. In other words, transitions tell readers what to do with the
information you present them. Whether single words, quick phrases or full
sentences, they function as signs for readers that tell them how to think about,
organize, and react to old and new ideas as they read through what you have
written.
Transitions signal relationships between ideas. Basically, transitions provide the
reader with directions for how to piece together your ideas into a logically coherent
argument. They are words with particular meanings that tell the reader to think and
react in a particular way to your ideas. In providing the reader with these important
cues, transitions help readers understand the logic of how your ideas fit together.
LOGICAL RELATIONSHIP TRANSITIONAL EXPRESSION
Similarity also, in the same way, just as ... so too, likewise, similarly
Exception/Contrast but, however, in spite of, on the one hand ... on the other
hand, nevertheless, nonetheless, notwithstanding, in contrast,
on the contrary, still, yet
Sequence/Order first, second, third, ... next, then, finally
Time after, afterward, at last, before, currently, during, earlier,
immediately, later, meanwhile, now, recently, simultaneously,
subsequently, then
Example for example, for instance, namely, specifically, to illustrate
Emphasis even, indeed, in fact, of course, truly
For more information on transitions
visit:http://www.unc.edu/depts/wcweb/handouts/transitions.html

Grammar and Spelling
You must make certain that your paper is free from grammar and spelling mistakes.
Mechanical errors are usually the main reason for lack of clarity in essays, so be sure
to thoroughly proof read your paper before handing it in. For help with common
errors in grammar and usage consult the following websites:
http://www.sfu.ca/~gmccarro/Grammar/Grammar.html http://ccc.commnet.edu/gra
mmar/index2.htm http://www.unc.edu/depts/wcweb/handouts/

Plagiarism and academic honesty
Plagiarism is a form of stealing; as with other offences against the law, ignorance is
no excuse. The way to avoid plagiarism is to give credit where credit is due. If you
are using someone elses idea, acknowledge it, even if you have changed the
wording or just summarized the main points.
To avoid plagiarism, you must give credit whenever you use
another person's idea, opinion, or theory;
any facts, statistics, graphs, drawings--any pieces of information--that are not
common knowledge;
quotations of another person's actual spoken or written words; or
paraphrase of another person's spoken or written words.
In addition to plagiarism, SFU has policies regarding other forms of academic dishonesty.
For more information on SFUs policies regarding academic honesty consult your
undergraduate calendar orhttp://www.sfu.ca/policies/teaching/t10-02.htm. If any of the
Place/Position above, adjacent, below, beyond, here, in front, in back,
nearby, there
Cause and Effect accordingly, consequently, hence, so, therefore, thus
Additional Support or
Evidence
additionally, again, also, and, as well, besides, equally
important, further, furthermore, in addition, moreover, then
Conclusion/Summary finally, in a word, in brief, in conclusion, in the end, in the final
analysis, on the whole, thus, to conclude, to summarize, in
sum, in summary
Universitys policies are not clear you must ask your professor or TA for clarification.
Again, ignorance is no excuse.
Why many companies lost labor cases in 2012
DIRECT FROM THE LABOR FRONT By Atty Josephus B Jimenez (The Freeman) | Updated January 12, 2013 -
12:00am
Despite the tremendous advantages being enjoyed by employers, despite being defended by giant law firms
that bill them in millions, and notwithstanding the fact that their HR executives and managers are topnotch and
well-paid, companies are still losing their cases before the labor tribunals and courts. They were served
adverse decisions and writ of executions that direct them to pay millions to workers. I have a favorite example
involving a global company, manufacturing and selling consumer goods and represented by a very big and
influential law firm, that has produced many top officials in government. This company lost a multi-million case
to poor contractual workers who were represented only by a low profile lady lawyer, who used to be my law
student. The question is why.
Being a Law professor and Bar reviewer for more than three decades now, and as an author of Labor Law
books, it has become my yearly routine to review every January, all the Supreme Court decisions in labor
cases in the past year. I have found out that management lost 60% of all labor cases in 2012. I did examine
how these cases were handled by the line management that decided to hire, fire and manage people, by HR
managers who documented the management decisions, and by the lawyers who handled the litigation in court.
My findings are very revealing. This month, I shall share this in a symposium in Shangri-La Makati with CEOs,
HR executives and labor lawyers.
The first reason is making the wrong decisions about people, like hiring the wrong person or putting him in the
wrong position, dealing with labor-only contractors, major errors in wage-fixing and benefits administration, or
anti-labor and anti-union acts and other unfair labor practices. About 75% of cases filed against management
are illegal dismissal cases, either due to lack of just cause or for failure to follow the rules on due-process.
Others are lack of management skills in undertaking corporate transformation, like mergers and consolidations,
and lack of basic knowledge on the proper procedure to undertake retrenchments, redundancy, mechanization
and installation of labor-saving devices.
The second reason is the propensity of certain company owners and COOs/CEOs not to listen to the expert
advice of their own HR professionals, labor relations consultants and even DOLE officials and the companies'
failure to invest in the acquisition of adequate knowledge and skills in leading and managing people. Related to
this is the lack of basic knowledge in the company on the art and science of documentation related to
personnel, from hiring to retiring. They do not even know how to conduct administrative investigation properly
and in accordance with the Labor Code. Neither do they have any skill on the proper technique in HR
documentation. They need to study again from the masters.
The third reason for losing cases is getting the wrong lawyers, those who are not experts in labor cases. They
may be the most expensive corporate, criminal, civil or tax lawyers in town but labor cases are a different
banana altogether. These expensive lawyers might not even be familiar with the latest labor jurisprudence, and
they might not have rapport with Labor Arbiters, NLRC Commissioners and the staff in labor tribunals. The
labor lawyers would tell you that it is not enough that your lawyer knows the law. He must know the Arbiter too.
In 2012, some illegal dismissal cases were lost by management because some lawyers failed to file the
required position papers before the Labor Arbiter. Such failure is deemed a waiver of management's right to
contest the allegation of illegality in the termination of employment. Normally, such default would be a virtual
confession of judgment. Lawyers who commit this gross negligence deserve to be disbarred, or at least
suspended from the practice of law. How can employers claim of being deprived of a day in court when it is
their own lawyers who bungled the case from the very beginning. Clients should not be condemned to spend
millions for lawyers who are incompetent and grossly inept. Employers should fire these kinds of lawyers to
avoid major legal disasters.
The fourth reason for losing cases is perhaps because, in the first place, the complainant really deserves to win
on the merits. No brilliant lawyer can turn around a losing case. Lawyers cannot, should not manufacture
evidence. If employers fire people indiscriminately, without due respect to both the law and the workers' rights,
they should not expect to win.
FAQs - NLRC Proceedings
NLRC Proceedings: What is an appeal in compulsory arbitration?
When an aggrieved party is not satisfied with the decision, order or award of the Labor Arbiter, POEA Administrator
or DOLE Regional Director or his duly authorized hearing officer, the decision, award or order may be elevated to the
Commission Proper upon grounds provided by law.


NLRC Proceedings: When to submit position papers/ memorandum
If, during the conferences, the parties fail to agree upon an amicable settlement, either in whole or in part, the Labor
Arbiter shall issue an order directing the parties to simultaneously file their respective verified position papers, with
the supporting documents and affidavits within fifteen (15) calendar days from the date of the last conference, with
proof of having furnished each other with the copies thereof.
The verified position papers shall cover only those claims and causes of action raised in the complaint excluding
those that may have been amicably settled.
The Labor Arbiter determines the necessity of a hearing
As soon as the parties have submitted their position papers/memorandum, the Labor Arbiter shall, motu propio,
determine whether there is a need for a formal trial or hearing. The Labor Arbiter may, at his discretion, ask
clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant
documentary evidence from any party or witness.


NLRC Proceedings: How many copies of the appeal must be submitted and where does one file an appeal?
The appeal, in five (5) legibly typewritten copies, may be filed with the respective Regional Arbitration Branch, the
DOLE Regional Office or the POEA, where the case was heard and decided.


NLRC Proceedings: When will the Labor Arbiter render decision?
The Arbiter shall render his decision within thirty (30) calendar days, without extension, after the submission of the
case by the parties for resolution, even in the absence of stenographic notes, provided however that cases involving
Overseas Filipino Workers shall be decided within ninety (90) calendar days after the filing of the complaint which
shall be deemed perfected upon acquisition by the labor arbiter of jurisdiction over the respondent/s. (Sec. 5, Rule 5,
NLRC Rules as Amended)


NLRC Proceedings: May the Labor Arbiter conciliate disputes?
Yes. At any stage of the proceedings in all cases, the Arbiter shall exert all efforts and take positive steps toward
resolving the dispute through conciliation.


NLRC Proceedings: Conference
The Labor Arbiter shall summon the parties to a conference within two days from receipt of an assigned case.The
purpose of the conference is either to:
amicably settle the dispute;
determine the real parties in interest;
define and simplify the issues of the case;
enter into admissions and/or stipulations of facts; and
thresh out preliminary matters. (Sec. 2, Rule 5, NLRC Rules as Amended)


NLRC Proceedings: When is a hearing necessary or not?
If there is a need for a hearing, the Labor Arbiter shall issue an order setting the date or dates for said hearing which
shall be terminated within ninety (90) days from initial hearing. However, if he finds no necessity for further hearing
after the parties have submitted their position papers and supporting documents, he shall issue an Order to that effect
and inform the parties. The Arbiter shall render his decision in the case within ninety (90) days.


NLRC Proceedings: What is the period of appeal?
Within ten (10) calendar days from receipt of such decisions, awards or orders of the Labor Arbiter or of the POEA
Administrator. In case of a decision of the Regional Director or his duly authorized hearing officer, the appeal may be
filed within five (5) calendar days from receipt of such decisions, awards or orders.


NLRC Proceedings: What are certified labor disputes?
Certified labor disputes are cases certified to the Commission for compulsory arbitration by the Secretary of Labor
and Employment if in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an
industry indispensable to the national interest. (Sec. 2, Rule 9, NLRC Rules as Amended)
What are the effects of certification?
Upon certification, the intended or impending strike or lockout is automatically prohibited even if there is a motion for
reconsideration of the certification order in the Office of the Secretary.
If a work stoppage has already taken place at the time of the Certification, all striking or locked-out employees are to
immediately return to work and the employer shall immediately resume operations and readmit all workers under the
same terms existing before the strike or lockout. (Sec. 5, Rule 9, NLRC Rules as Amended)
When will the Commission resolve a certified case?
The Commission, sitting in the appropriate Division shall decide or resolve the certified dispute within thirty (30)
calendar days from the date of submission of the dispute for resolution. (Sec. 4, Rule 9, NLRC Rules as Amended)


NLRC Proceedings: Number of conferences allowed
The number of conferences shall not exceed three (3) settings and shall be terminated within thirty (30) calendar
days from the date of the first conference.
No motion for postponement shall be entertained. Non-appearance of the complainant/s during the scheduled
hearings for mediation/conciliation conference shall be a ground for the dismissal of the case without prejudice.
In case of non-appearance of the respondent/s during the first conference, a second conference shall proceed. Non-
appearance of the respondent/s during the second conference shall immediately terminate the mandatory
conciliation/mediation conference. The complainant/s shall thereupon be allowed to file his position paper as well as
submit evidence in support of his cause or causes of action after which, the labor arbiter shall render his decision on
the basis of the evidence on record. (Sec. 2, Rule 5, NLRC Rules as Amended)


NLRC Proceedings: What are the other requisites for the perfection of an appeal?
The appeal should be under oath.
Proof of payment of appeal fee.
Proof of posting of a cash or surety bond.
Must be accompanied by a memorandum of appeal which shall state the grounds relied upon and the supporting arguments.
A statement of the date when the appellant received the appealed decision or award.
Proof of service on the other party of such appeal.


NLRC Proceedings: How much is the appeal fee?
An appeal fee of one hundred and ten (P110.00) pesos must be paid by the appellant to the Regional Arbitration
Branch, DOLE Regional Office or the POEA.


NLRC Proceedings: When is a bond required in an appeal?
In case the decision of the Labor Arbiter, POEA Administrator and DOLE Regional Director or his duly authorized
hearing officer involves monetary award.


NLRC Proceedings: Can an appeal for decisions involving monetary award be perfected without posting a
bond?
An appeal by the employer shall be perfected only upon posting of a cash or surety bond issued by a reputable
bonding company duly accredited by the Commission or the Supreme Court in an amount equivalent to the monetary
award.


NLRC Proceedings: What is the period to resolve the appeal?
The appeal from the decision, order or reward of the Labor Arbiter and POEA Administrator shall be resolved by the
Commission within 20 calendar days from receipt of the answer of the appellee or upon the filing of the last pleading
or memorandum.
In case of an appeal from the decision of the DOLE Regional Director or his duly authorized hearing officer, it shall be
resolved within 10 calendar days.

Labor law and volunteerism in the church
Volunteerism or pro bono work is the essence of labor or service in the Church.Does the legal
vinculum of employer-employee relationship legally exist as between a church volunteer and his
parish church that he serves as to make the parish church liable for damages under the Labor Code
in respect of his alleged salaries and benefits? Below is an example of a labor case that I had
handled which involved precisely the same legal issue. Read the position paper and reply position
paper that I had prepared in connection therewith for legal research purposes. Thus:



POSITION PAPER
FOR THE RESPONDENTS


THE RESPONDENTS xxx PARISH CHURCH AND ITS PARISH PRIEST FR. Xxx respectfully state:


INTRODUCTION

1. This position paper is being submitted by the respondents to the Honorable Labor Arbiter in view
of the failure of the parties to reach an amicable settlement of the instant case.

2. The respondents xxx PARISH CHURCH, acting thus its parish priest, FR. Xxx, has executed a
Special Power of Attorney (SPA) in favor of its duly authorized representatives xxx and xxx, who are
pro bono servant-leaders of the Parish, empowering them to represent and act in behalf of the
respondents in connection with the proceedings of the instant case, a copy of which is attached as
Annex A hereof.




THE COMPLAINT


3. The pro forma complaint alleges that the complainant is an employed guard/Tanod of the
respondent Church; that her alleged salary was P143.00/day; that she was allegedly employed on
February 2, 2009; and that she was allegedly dismissed on April 20, 2010.

4. As appearing on the lower part of the pro forma complaint, the causes of action alleged in the
complaint are: (a) underpayment and/or nonpayment of salaries, (b) nonpayment of overtime pay,
holiday pay, holiday premium, ECOLA, and night shift differential, and (c) illegal suspension (not
dismissal).

5. The complaint is premised on the presupposition that an employer-employee relationship
allegedly existed between the parties.

ISSUES

6. The respondent HEREBY raise two (2) related legal issues:

6.1. WHETHER OR NOT A LEGAL AND BINDING EMPLOYER-EMPLOYEE RELATIONSHIP, AS
DEFINED BY LAW AND EXISTING JURISPRUDENCE, VALIDLY EXISTED BETWEEN THE
PARTIES; and

6.2. WHETHER OR NOT THE COMPLAINANT IS A MERE PRO BONO VOLUNTEER OF THE
PARISH CHURCH ASSIGNED THERETO BY THE BARANGAY COUNCIL OF BARANGAY xxx OF
xxx CITY AS PART OF THE MUTUAL RELATION OF HELP, ASSISTANCE, SUPPORT,
RESPECT, COMITY AND GOODWILL BETWEEN THE BARANGAY AND THE PARISH FOR THE
COMMON GOOD AND GENERAL WELFARE OF THE PARISHIONERS AND CONSTITUENTS OF
BARANGAY xxx.



STATEMENTS OF FACTS

7. The complainant xxx is a BARANGAY VOLUNTEER POLICE VOLUNTEER (or a volunteer
Barangay Tanod) of Barangay xxx, xxx City.

8. Attached is a copy of her ID No. xxx issued by Barangay Chairman xxx, marked as Annex B
hereof.

9. The Barangay xxx, under Chairman xxx, maintains a very close working institutional relationship
with the Parish, the Parish Priest, the Parish Pastoral Council, and other mandated organizations
within the Parish for the common good and the general welfare of the parishioners of the Parish and
constituents/voters of the Barangay.

10. One of the projects of the Barangay is to provide, detail or assign volunteer tanods to the Parish
from time to time or as the need arises to help secure the safety of the perimeter, premises, facilities
and properties of the Parish and to perform other volunteer work for the good of the Parish whether
or not such volunteer work is related to security, public safety, or law and order.

11. The volunteers (including the complainant xxx) are themselves parishioners of the Parish and
constituents/voters of the Barangay and as such it is their moral duty to render the necessary
volunteer or pro bono assistance to help the Parish and the Barangay attain their common statutory
and moral objectives for the common material and spiritual good and betterment of the quality of life
of the parishioners and the constituents/voters therein.

12. Attached is a copy of a CERTIFICATION, dated June 21, 2010, issued by the Barangay
Administrator, Mr. xxx, to attest to the truth of the foregoing statements, marked as Annex C
hereof.

13. The other Barangay volunteer police or volunteer Tanods who have been assigned or detailed
by the Barangay to the Parish, together with the complainant xxx, know for a fact (and acknowledge
and admit) the voluntary and pro bono nature of their working relationship with and personal services
to the Parish.

14. Attached is a copy of a recent joint CERTIFICATION (undated) signed by the five (5) other
Barangay volunteer police or volunteer Tanods, namely, xxx, xxx, xxx, xxx, and xxx, stating that they
were detailed or assigned by the Barangay to the Parish as volunteers, that they voluntarily render
their personal services to the Parish as pro bono volunteers, and that the Parish provides them with
an allowance of P4,000.00/month for their voluntary services as an act of goodwill and compassion
to them. The certification is marked as Annex D hereof.

15. As an act of goodwill, compassion and humanitarianism of the Parish, it provides the Barangay
volunteer police (volunteer Tanods) assigned or detailed by the Barangay to the Parish with an
allowance of P4, 000.00/month out of the modest general fund of the Parish which is constituted by
voluntary donations or love offerings given by well-meaning parishioners who attend the regular and
special Masses and other spiritual activities and projects of the Parish.

16. From February 2009 to June 5, 2010, the complainant xxx received the parish allowance for
Barangay volunteer Tanods in the amount of P4, 000.00/month.

17. Attached is a copy of the CERTIFICATION, dated June 22, 2010, signed by the bookkeeper of
the Parish, Ms. xxx, attesting to the foregoing statements, with copies of the cash vouchers signed
by the complainant xxx to prove the fact of receipt by her of her monthly allowances, marked as
Annexes E to E-59" hereof.

DISCUSSION

18. The respondents humbly submit:

18.1. that no valid, legal or binding employer-employee relationship existed between the parties;

18.2. That the complainant knew and knows to this very day that she was a Barangay volunteer
police (volunteer Tanod) assigned or detailed by the Barangay to the Parish to render voluntary
services to the Parish, pursuant to the legal and moral duty of the Barangay to maintain mutual
institutional linkages and comity and support between the Barangay and the Parish in the interest of
the community;

18.3. That she ought to be thankful for the compassionate and humanitarian allowances that has
provided to her by the Parish, which had no legal duty in the first place, to compensate a voluntary
service of a pro bono child of God, as if to serve and work for God and His Church is a materialistic
and commercial livelihood;
18.4. That she ought to be thankful for the spiritual formation and transformation, in the form of
Masses, Sacraments, and other Spiritual Blessings, that she has received from the Parish and the
Parish Priest in the course of her purely pro bono or voluntary relationship with and services to the
Parish;

18.5. That there is no legal and factual basis for the complainant to hold the respondents liable for
the money claims (salaries, holiday pay, overtime pay, leave benefits, ECOLA, etc.) alleged in the
causes of action part of her pro forma complaint;

18.6. That she knew that the Barangay may change her work detail or assignment at anytime and
may assign or detail her to any other place within the territory and jurisdiction of the Barangay in the
interest of public service;

18.7. That the Barangay and the Parish have not dismissed or suspended her; and

18.8. That no evidence exists to prove that she was hired or employed as a salaried probationary,
casual, or regular employee of the Parish, either in the form of a memorandum of appointment,
payrolls, pay slips, social legislation premiums (SSS, Pagibig, Philhealth, State Insurance Fund) or
otherwise; and

18.9. That no evidence exists to prove that she was allegedly dismissed or suspended or that
administrative disciplinary actions were taken against her by the Parish.

19. In the case of PEDRO CHAVEZ vs. NLRC, G.R. No. 146530, January 17, 2005, where the
threshold issue to be resolved was whether there existed an employer-employee relationship
between the respondent company and the petitioner, the elements to determine the existence of an
employment relationship were enumerated as follows: (1) the selection and engagement of the
employee; (2) the payment of wages; (3) the power of dismissal; and (4) the employers power to
control the employees conduct. (See also: Perpetual Help Credit Cooperative Inc. vs. Faburada, GR
121948, Oct. 8, 2001).

20. It was not the Parish who selected and engaged the complainant as a Barangay volunteer police
or volunteer Tanod.

20.1. She was screened, trained and accredited by the Barangay, who detailed her to the Parish to
render voluntary security and non-security services to the Parish.

20.2. The compassionate humanitarian monthly allowances provided to her by the Parish were not
salaries or wages.

20.3. The Parish had no power of dismissal over her because she was not organic personnel of the
Parish.

20.4. She was a Barangay volunteer police or volunteer Tanod under the control, supervision and
direction of the Barangay.

20.5. The Parish had no power of administrative discipline over her, in the form of dismissal and
other sanctions.

21. In the case of GLORY PHILIPPINES, INC. vs. BUENAVENTURA B. VERGARA and ROSELYN
T. TUMASIS, G.R. No. 176627, August 24, 2007, it was held that there are three kinds of employees
as provided under Article 280 of the Labor Code:

(1) regular employees or those who have been engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the employer;

(2) project employees or those whose employment has been fixed for a specific project or
undertaking, the completion or termination of which has been determined at the time of the
engagement of the employee or where the work or service to be performed is seasonal in nature and
the employment is for the duration of the season; and

(3) casual employees or those who are neither regular nor project employees.

22. The complainant does not fall within any one of the abovementioned legal categories.

23. The fact remains:

23.1. That she was a Barangay volunteer police (volunteer Tanod) under the direction and control of
the Barangay who was detailed to the Parish to render voluntary security services and who rendered
other kinds of voluntary services to the Parish other than security services, e.g. cleaning her nearby
surroundings or doing other minor errands when she was idle;
23.2. That she could be detailed by the Barangay authorities anywhere else within the Barangay
jurisdiction at anytime as a Barangay volunteer police;

23.3. That she misunderstood the act of compassion of the Parish (i.e., allowance of
P4,000.00/month) as an act of hiring or employing or regularization;

23.4. That instead of expressing her gratitude to the Parish for providing her with compassionate
allowances as a Barangay volunteer police (plus other kinds of spiritual formation supports) and
instead of initiating a humble dialogue and mediation meetings with the Parish and the Barangay
authorities before taking any external legal actions, she directly and maliciously commenced the
instant arbitrary and baseless labor suit against the Parish and the Parish Priest, thus, exposing the
Parish and its spiritual leaders and the Barangay to extreme public humiliation and mental anguish.


RELIEF

WHEREFORE, premises considered, it is respectfully prayed that that instant case be DISMISSED
for utter lack of merit.
FURTHER, the respondents respectfully pray for such and other reliefs as may be deemed just and
equitable in the premises.
Las Pinas City, June 25, 2010.


Xxx PARISH CHURH
AND FR. xxx
Respondents


By:


xxx
Attorney in Fact


xxx
Attorney in Fact


VERIFICATION
AND
ANTI-FORUM SHOPPING CERTIFICATION

WE, xxx, of legal age, married, Filipino, and with postal address at Convento, xxx Parish Church, xxx
St., xxx Village, xxx, xxx City, and/or xxx, of legal age, married, Filipino, and with postal address at
Barangay xxx, xxx Village, xxx, xxx City, state: That we are the attorneys in fact of the abovenamed
respondents in the abovecaptioned pending labor case; That we caused the preparation thereof; that
we have read its contents; and that the same are true and correct of my own direct personal
knowledge.

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and existing Supreme Court
circulars, we hereby certify that we have not heretofore commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency; that to the best of our knowledge, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; and that if we should hereafter learn
that other similar or related actions or proceedings has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency, we undertake to report that fact within
five (5) days therefrom to this court.

xxx City, xxx, 2010.



xxx
Attorney-in-Fact


xxx
Attorney in Fact



ACKNOWLEDGMENT

BEFORE ME in xxx City on xxx, 2010 personally appeared the abovenamed attorney/s in fact of the
respondents in the abovecaptioned pending labor case, with their respective Official IDs as indicated
above, who are known to me and to me known to be the same persons who executed the foregoing
verification and anti forum shopping certification as part of the foregoing position paper in the
abovecaptioned pending labor case, and who attested to me that the same is their free act and
deed.



Notary Public


Doc. No.
Page No.
Book No.
Series of 2010




REPLY POSITION PAPER
FOR THE RESPONDENTS


THE RESPONDENTS xxx PARISH CHURCH AND ITS PARISH PRIEST FR. xxx, represented by
their undersigned attorneys-in-fact, respectfully state:

24. At the outset, it must be noted that pro forma complaint states that the complainant was allegedly
dismissed on April 20, 2010. In her causes of action, the complainant claimed, inter alia, illegal
suspension (not dismissal). And yet, contradicting herself, in the relief part of her main position
paper, the complainant prays that a finding of illegal dismissal be declared in her favor.

25. The complaint is erroneously premised on the wrong assumption that an employer-employee
relationship existed between the parties a matter which the respondents have vehemently
opposed and controverted in their position paper I chief.

26. The respondents raised two (2) legal issues in their main position paper, thus:

26.1. WHETHER OR NOT A LEGAL AND BINDING EMPLOYER-EMPLOYEE RELATIONSHIP, AS
DEFINED BY LAW AND EXISTING JURISPRUDENCE, VALIDLY EXISTED BETWEEN THE
PARTIES; and

26.2. WHETHER OR NOT THE COMPLAINANT IS A MERE PRO BONO VOLUNTEER OF THE
PARISH CHURCH ASSIGNED THERETO BY THE BARANGAY COUNCIL OF BARANGAY xxx OF
xxx CITY AS PART OF THE MUTUAL RELATION OF HELP, ASSISTANCE, SUPPORT,
RESPECT, COMITY AND GOODWILL BETWEEN THE BARANGAY AND THE PARISH FOR THE
COMMON GOOD AND GENERAL WELFARE OF THE PARISHIONERS AND CONSTITUENTS OF
BARANGAY xxx.

27. The respondents hereby raise a third related issue by way of reaction to the position paper in
chief of the complainant, thus:

WHETHER OR NOT THE COMPLAINANT WAS SUSPENDED OR DISMISSED BY THE PARISH
AS A PARISH EMPLOYEE OR WAS SHE RELIEVED BY THE BARANGAY AS A BARANGAY
POLICE VOLUNTEER (TANOD) FROM HER DETAIL IN THE PARISH.

28. The respondents hereby adopt hereto, by incorporation and reference, all the allegations,
arguments and jurisprudential citations stated in their main position paper, more particularly the
following previously alleged facts, thus:

28.1. The complainant xxx is a BARANGAY VOLUNTEER POLICE VOLUNTEER (or a volunteer
Barangay Tanod) of Barangay xxx, xxx City. (See a copy of her ID No. xxx issued by Barangay
Chairman xxx, Annex B, Position Paper for Respondents).

28.2. The other Barangay volunteer police or volunteer Tanods who have been assigned or detailed
by the Barangay to the Parish, together with the complainant xxx, know for a fact (and acknowledge
and admit) the voluntary and pro bono nature of their working relationship with and personal services
to the Parish. (See their joint CERTIFICATION (undated) signed by the five (5) other Barangay
volunteer police or volunteer Tanods, namely, xxxxxxxxxxxxxxx, stating that they were detailed or
assigned by the Barangay to the Parish as volunteers, that they voluntarily render their personal
services to the Parish as pro bono volunteers, and that the Parish provides them with an allowance
of P4,000.00/month for their voluntary services as an act of goodwill and compassion to them. The
document was marked as Annex D of the main position paper for the respondents).

28.3. As an act of goodwill, mercy, compassion and humanitarianism of the Parish, it provides the
Barangay volunteer police volunteer Tanods assigned or detailed by the Barangay to the Parish with
an allowance of P4, 000.00/month out of the modest general fund of the Parish which is constituted
by voluntary donations or love offerings given by well-meaning parishioners who attend the regular
and special Masses and other spiritual activities and projects of the Parish.

28.4. From February 2009 to June 5, 2010 (sic the date should be May 22, 2010), the complainant
xxx received the parish allowance for Barangay volunteer Tanods in the amount of P4,
000.00/month. (See the CERTIFICATION, dated June 22, 2010, of the bookkeeper of the Parish,
Ms. xxx, with the various cash vouchers signed by the complainant xxx [and the other volunteers],
marked as Annexes E to E-59" of the main position paper for the respondents).

28.5. No valid, legal or binding employer-employee relationship existed between the parties. The
complainant knew that she was a Barangay volunteer police (volunteer Tanod) assigned or detailed
by the Barangay to the Parish to render voluntary services to the Parish, pursuant to the legal and
moral duty of the Barangay to maintain mutual institutional linkages and comity and support between
the Barangay and the Parish in the interest of the general welfare of the community;

28.6. There is no legal and factual basis for the complainant to hold the respondents liable for the
money claims (salaries, holiday pay, overtime pay, leave benefits, ECOLA, etc.) alleged in the
causes of action part of her pro forma complaint;

28.7. That the complainant knew that the Barangay may change her work detail or assignment at
anytime, or may assign or detail her to any other place within the territory and jurisdiction of the
Barangay in the interest of public service, or may relieve, suspend, or dismiss her as a barangay
police volunteer or Tanod at any time by reason of the voluntary nature of her status as a Barangay
police volunteer or Tanod; and

28.8. No evidence exists to prove that she was hired or employed as a salaried probationary,
casual, or regular employee of the Parish, either in the form of memorandums of appointment,
payrolls, pay slips, social legislation premiums (SSS, Pagibig, Philhealth, State Insurance Fund) and
others.

29. The doctrine held in the case of PEDRO CHAVEZ vs. NLRC, G.R. No. 146530, January 17,
2005, enumerates the elements to determine the existence of an employment relationship as
follows: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power
of dismissal; and (4) the employers power to control the employees conduct. (Citing: Perpetual Help
Credit Cooperative Inc. vs. Faburada, GR 121948, Oct. 8, 2001).

29.1. In the instant case, it was not the Parish which selected or engaged the complainant as a
Barangay volunteer police or volunteer Tanod. She was screened, trained and accredited by the
Barangay, who detailed her to the Parish to render voluntary security and non-security services to
the Parish. The compassionate humanitarian monthly allowances provided to her by the Parish were
not salaries or wages in the concept of an employed worker. The Parish had no power of dismissal
over her because she was not organic personnel of the Parish. She was a Barangay volunteer police
or volunteer Tanod under the control, supervision and direction of the Barangay. The Parish had no
power of administrative discipline over her in the form of dismissal and other sanctions.

30. The doctrine pronounced in the case of GLORY PHILIPPINES, INC. vs. BUENAVENTURA B.
VERGARA and ROSELYN T. TUMASIS, G.R. No. 176627, August 24, 2007, enumerates the three
(3) kinds of employees as provided under Article 280 of the Labor Code: (1) regular employees or
those who have been engaged to perform activities which are usually necessary or desirable in the
usual business or trade of the employer; (2) project employees or those whose employment has
been fixed for a specific project or undertaking, the completion or termination of which has been
determined at the time of the engagement of the employee or where the work or service to be
performed is seasonal in nature and the employment is for the duration of the season; and (3) casual
employees or those who are neither regular nor project employees. In the instant case, the
complainant does not fall within any one of the abovementioned legal categories.

31. For the record, and in support of the foregoing statements, attached to the original copy of this
reply position paper is the original copy of the CERTIFICATION, dated August 9, 2010, issued by the
Barangay Administrator and the Chairman of the Committee on Peace and Order of Barangay xxx,
xxx City, marked as Annex A hereof, which, inter alia, states:

31.1. That during the assignment by the Barangay of the complainant xxx as a Barangay Police
Volunteer in the xxx Parish Church to help secure its premises, the complainant had lost twice the
security logbook of the parish and that she was caught sleeping on duty by the respondent parish
priest, for which reason the Barangay suspended her from April 19, 2010 to April 23, 2010;

31.2. That for humanitarian reasons the complainant was again given by the Barangay another
charitable chance to continue serving her post as Volunteer Tanod assigned in the Church from April
24, 2010 to May 23, 2010; and

31.3. That on May 25, 2010 the complainant was re-assigned and re-called by the Barangay from
the Church due to the aforecited infractions and incidents.

32. To stress: xxx was not dismissed or suspended but was in fact recalled and re-assigned by
the Barangay from the Parish as a Volunteer Tanod -- which act the Brgy may do moto proprio on its
sound discretion. The Barangay in effect disciplined her based on the reports of neglect of duty. The
parish was not the one which relieved, recalled, or reassigned her from the Church. To use the word
dismissed or suspended connotes the existence of employer-employee relationship which is not
the case here. The Church did not suspend or dismiss her. The Barangay recalled, relieved, and
reassigned her. A Volunteer Tanod is always subject to the management prerogatives and sound
disciplinary discretion and powers of the Barangay hierarchy, of which she is an organic part as a
Volunteer Police or Tanod.

33. A final point. The National Labor Relations Commission (NLRC) or the Department of Labor and
Employment (DOLE) have NO JURISDICTION over the instant case because no employer-
employee relationship exists between the Parish and the complainant. The legal relationship
(vinculum) of the complainant, as Barangay police volunteer (Tanod), was legally and factually linked
to the Barangay and not to the Parish. The Barangay is a local government unit (LGU) as defined in
the Local Government Code of 1991 and the Administrative Code of 1987. All work-related issues
and actions which directly or indirectly partake of the nature of a labor suit involving persons
connected to or found within the composite structure or hierarchy of an LGU, such as the Barangay,
must be properly filed with and commence in the Office of the Mayor, the Sangguniang Panglunsod,
the proper district or regional offices of the Department of Interior and Local Government (DILG) or
of the Civil Service Commission (CSC), as the case may be and depending on the nature of the
suits. These governmental entities have exclusive and original jurisdiction over such kinds of actions.

WHEREFORE, premises considered, it is respectfully prayed that that instant case be DISMISSED
for lack of jurisdiction and for utter lack of merit.
FURTHER, the respondents respectfully pray for such and other reliefs as may be deemed just and
equitable in the premises.
xxx City, xxx, 2010.


xxxx PARISH CHURH
AND FR. xxx
Respondents

By:


xxx
Attorney in Fact


Xxx
Attorney in Fact




VERIFICATION

WE, xxxx, of legal age, married, Filipino, and with postal address at Convento, xxx Parish Church,
XXXXXXXXXXX, xxx City, and/or xxxx, of legal age, married, Filipino, and with postal address at
XXXXXXXXXXXXXXX, , xxx City, state: That we are the attorneys in fact of the abovenamed
respondents in the abovecaptioned pending labor case; That we caused the preparation thereof; that
we have read its contents; and that the same are true and correct of my own direct personal
knowledge.

xxx City, xxx, 2010.



xxxx
Attorney-in-Fact


xxx
Attorney in Fact


SUBSCRIBED and sworn to before me in xxx City on xxx 2010.


Notary Public

Doc. No.
Page No.
Book No.
Series of 2010