Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region Arbitration Branch
Bookman Bldg., Quezon Ave., Quezon City

JAYSON C. SIOCSON,
Complainant,

-versus- NLRC NCR CASE NO.

TAGUIG METRO LINK BUS

CORPORATION, EVELYN
CASTRO GARCIA,
Respondents
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POSITION PAPER

Complainant, JAYSON C. SIOCSON, to this Honorable Office, respectfully submits its

Position Paper and further states:

THE PARTIES

Complainant, JAYSON C. SIOCSON, is a former employee of the of the respondent

Taguig Metro Link Bus Corporation as a Bus Conductor receiving compensation on a
commission basis and may be served with summons and legal processes at No. 19 Saint Martin
St., Ma. Corazon Subdivision, Cupang, Antipolo City;

Respondents, TAGUIG METRO LINK BUS CORPORATION is a public

transportation engaged in a bus transportation business while EVELYN CASTRO GARCIA is
its owner and manager and both may be served with summons at

STATEMENT OF THE FACTS AND OF THE CASE

Complainant, Jayson C. Siocson was hired by the respondents sometime in February of

2010 as a Bus Conductor on duty for more than twenty (20) hours a day receiving compensation
averaging P1,500.00 per day of duty based on purely commission basis in violation of the law.

For more than nine (9) years complainant was not issued any infraction of company rules
and have not received any memorandum from respondent management.

On June 7, 2019, complainant failed to report for duty and was charged with Absent
Without Official Leave in which complainant was not given a chance to explain why he was
absent that day.

On June 8, complainant reported for duty but was only told to wait to be notified of his
duty also, The following day complainant reported for duty but was told again to wait for the
notification. After several months waiting for the notification which never came, complainant
decided to file this case of illegal dismissal, hence, this instant case.

ISSUE TO BE RESOLVED

WHETHER OR NOT THE RESPONDENTS ARE GUILTY

OF ILLEGAL DISMISSAL OF THE COMPLAINANT?

DISCUSSIONS/ARGUMENTS

1. The complainant have served the company for more than nine (9) years and have
never received a memorandum for violation of company rules or infractions. Since June 7, 2019,
after one day of being absent from work terminated from his employment. Although there was
no termination served to the complainant, he was not allowed to report for work for almost six
(6) months.

2. Complainant was denied due process when he was not given any chance to explain
why he was absent on June 7, 2019.

3. The complainant was terminated without a valid cause and without due process of
law.

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Arbiter

that after due notice and hearing judgment be rendered in favor of the complainant and against
the respondents, reinstating complainants to his former position without loss of seniority rights,
privileges and benefits; awarding to complainant backwages from his date of termination up to
his actual reinstatement. Complainant also prays for moral and exemplary damages and for the
cost of litigation.

Other reliefs and remedies just and equitable under the premises are likewise prayed for
by the complainant.

Antipolo City for Quezon City, February 11, 2020.

JAYSON C. SIOCSON
Complainant

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JAYSON C. SIOCSON, under oath, depose and say:

That I am a former employee of the respondent company, the TAGUIG METRO LINK
BUS CORPORATION;

That I am the complainant in the above entitled case;

That I caused the preparation and filing of this position paper and that I have read and
understood the contents thereof and found them to be true and correct to the best of my personal
knowledge;
 That I have not filed any similar case with any other Court, Quasi-Judicial body or
government agency. Neither have I filed any similar complaint involving the same parties and
the same cause of action before any Regional Branch of the Honorable Commission.

JAYSON C. SIOCSON
Affiant

SUBSCRIBED AND SWORN to before me this 12 day of February, 2020 in Quezon

City.

Copy furnished:

The respondents

AFFIDAVIT OF CONSOLIDATION
OF OWNERSHIP

WE, DOMINGO C. SOCAO, JR., RUEL H. MARASIGAN, REMY A. PAGDATO,

CRISTINO D. GLOVA, ERLEA A. PANOY and DOMINGA L. LEPALAM, all of legal
ages, Filipinos and all with postal address at #2 Panama St., Greenheights Subd., Concepcion
Uno, Marikina City, after having been duly sworn to in accordance with law, depose and state:

1. That we are former employees of ITTI SHOES & MANO SHOES owned by Mr.
MANOLO SAMSON;

2. That we filed illegal dismissal cases before the National Capital Region Arbitration
Branch of the National Labor Relations Commission (NLRC) against our employer
ITTI SHOES & MANO SHOES Docketed as NLRC NCR Case Nos. 06-08807-10
and 09-13416-10 and we, the signatories of this Affidavit, are the complainants to
the said cases;

3. That on 29 June 2011, a Decision was rendered by the Honorable Labor Arbiter
ordering the respondent companies owner, Mr. Manolo Samson, to pay complainants
separation pay;

4. That on 19 September 2011 respondent Manolo Samson appealed the Decision of the
Labor Arbiter but the Fifth Division of the NLRC Dismissed the respondents Appeal
on12 October 2012;

5. That on 30 April 2013 an Entry of Judgment was issued by the Fifth Division of the
NLRC that the case filed by the complainants has become final and executory;

6. That on 29 May 2013, complainants filed a motion for issuance of a Writ of Execution;

7. That on December 13, 2017, after due Notice, Publication, Bidding and Sales, the Sheriff
assigned to the case issued a SHERIFF’S CERTIFICATE OF SALE awarding to complainants
the property with TCT No.184304;
 8. That the redemption period lapsed without the right of redemption having been exercised
by the respondents ( Mr. Manolo Samson ) or by any person claiming interest on the said
property;

9. That this Affidavit is executed for the purpose of consolidation of property and the issuance
of a new Transfer Certificate of Title in our name (complainants).

IN WITNESS WHEREOF, we have affixed our signatures on this 10 th day of February, 2020 at the
City of Marikina, Philippines.

DOMINGO C. SOCAO, JR. RUEL H. MARASIGAN REMY A. PAGDATO

Affiant Affiant Affiant

CRISTINO D. GLOVA ERLEA A.PANOY DOMINGA L. LEPALAM

Affiant Affiant Affiant

SUBSCRIBED AND SWORN to before me this _____ day of February, 2020, at Marikina City,
Philippines.

NOTARY PUBLIC
 Republic of the Philippines
Department of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
PPSTA Bldg., Quezon City

ROMUEL DELENA CADANGAN, ET AL.,

Complainants,

-versus- NLRC-NCR Case No. 05-08319-18

HONGDRILL PHILIPPINES, INC., and

JESUS P. SIMON,
Respondents.
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MOTION FOR THE COMPUTATION OF THE

JUDGMENT AWARD With NOTICE OF
COMPLAINANTS’ CHANGE OF ADDRESS

Complainants, represented by its Union President, ROMUEL DELENA CADANGAN, to this

Honorable Labor Arbiter Reynante L. San Gaspar, most respectfully submits its motion for the
computation of the judgment award of the above-entitled case with notice of complainants
change of address to No. 11 Shale St., Twin River Subdivision, Marikina City and further
manifests:

That on February 28, 2019, a Decision was rendered by the Honorable Labor Arbiter in
the above-entitled case in favor of the complainants;

That on May 07, 2019, as per bailiff’s return, said Decision was received by the
respondents counsel. No appeal was filed by the respondents from the said Decision;

That on July 23, 2019, a Certificate of Finality was issued by the Labor Arbiter.

WHEREFORE, premises considered, by virtue of this Certificate of Finality, complainants

humbly requests this Honorable Labor Arbiter for the computation of the judgment award to be
based on the signed Collective Bargaining Agreement (CBA) submitted as subject of litigation of
the above-entitled case.

Marikina City for Quezon City, February 24, 2020.

ROMMEL CADANGAN
Principal

Copy furnished:

Jesus P. Simon/Hongdrill Phils., Inc.