Sabdani Vs JCB - Position Paper

Republic Of The Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City
Honorable Labor Arbiter Romelita N. Rioflorido
RASID TING SABDANI,

Complainant,
-versus- NLRC NCR Case No. 04-00700-24
JCB ALLIANCE SECURITY AGENCY,

ROSALIA B. VICTORIANO and
MANUEL P. VILAR.,
Respondent/s
x----------------------x
MOTION TO ADMIT P O S I T I O N P A P E R
COMES NOW, now the respondents JCB ALLIANCE SECURITY
AGENCY, though their General Manager, NILDA WALET unto this Honorable
Board moves that this Position Paper be admitted and avers the following;
Preparatory statement:
PARTIES:
RESPONDENT/S: NILDA WALET, of legal age, married, Filipino and a

resident of #18 Jewel St., Forest Hill, Gulod, Novaliches, Quezon City, being
the General Manager of JCB Alliance Security Agency, with official address of
#18 Jewel St., Forest Hill, Gulod, Novaliches, Quezon City, wherein official
communications, proceedings, subpoenas of this Honorable Board could be
sent. Respondent ROSALINA B. VICTORIANO who is the Branch Manager
and MANUEL P. VILLAR is the Operations Manager of the Respondent
Securty Agency can be served with orders and summons and other processes of
the Honorable Labor Arbiter in the business address mentioned above.
COMPLAINANT: RASID TING SABDANI of legal age, Filipino and a

resident of : 13 Pook Village, U.P. Campus, Quezon City wherein sub-poenas,
proceedings and other processes of this Honorable Board could be send to this
address ;
FACTS OF THE CASE:

The complainant, RASID TING SABDANI, was hired by JCB
ALLIANCE Security Agency sometime on February 13. 2024 thru its Branch
Manager Respondent Victoriano and Operations Manager Villar;
The complainant’s salaries for February 12 to March 13 was fully paid.
1
Because of personal indifference with the Branch Manager and
Operations Manager, I issued a Detail Duty Order dated March 15, 2024
assigning the Complainant to another client CELPACK Corporation located at
Valenzuela City. A copy of the DDO is hereto attached and made integral part of
this Position Paper and marked as “Annex 1”
On March 19, 2024, I was informed by my client CELPACK

Corporation that the complainant failed to report for duty for three (3)
consecutive days which jeopardized the security of his premises and business. I
issued Memorandum No. 10-2024 asking him to explain why he failed to report
for duty. of A copy of the Memorandum 10-2024 is hereto attached and made
integral part of this Position Paper and marked as “Annex 2”
That the complainant failed to answer in writing and continued his

absence which I decided to dismiss him as Security Guard of JCB Alliance
Security Agency thru Memorandum 11-2024. A copy of the Memorandum 11-
2024 is hereto attached and made integral part of this Position Paper and
marked as “Annex 3”
That I was informed by my Branch Manager and Operations Manager

that the complainant filed a case before the NLRC.
ISSUE OF THE CASE:
a. WHETHER OR NOT THE COMPLAINANT WAS ILLEGALLY

DISMISSED.
b. WHETHER OR NOT THE COMPLAINANT RECEIVED MORE THAN

WHAT WE IS SUPPOSE TO RECEIVE.
ARGUMENTS:
THE COMPLAINANT WAS NOT ILLEGALLY DISMISSED
The Respondent was cautious in dealing with Security Guards who abandons
the post. Abandoning post is a violation of fifth of the 11 General Orders. A
clear ground for AWOL or dismissal if a Security Guard commits it because it
jeopardizes the interest of the clients. Nonetheless, two memorandum were
served to the complainant. First was asking him to explain in writing and the
last memorandum informing him that he is now dismissed from the service. The
respondent, exhausted the two notice rule in procedural due process. It is
enunciated in the case of New Puerto Commercial v. Lopez 639 Phil. 437, 445
(2010). that Procedural due process consists of the twin requirements of notice
and hearing. The employer must furnish the employee with two written notices
before the termination of employment can be effected: (1) the first apprises the
employee of the particular acts or omissions for which his dismissal is sought;
and (2) the second informs the employee of the employer's decision to dismiss
2
him. The requirement of a hearing is complied with as long as there was an
opportunity to be heard, and not necessarily that an actual hearing was
conducted, x x x.
It was also become a management prerogative in determining the dismissal of

erring employees as enunciated in the case of Stream International Global
Services Philippines, Inc. v. Pimentel, G.R. No. 227814, April 18, 2018 where
it said “At this point, it is worthy to note that, in labor cases, the Court is tasked
with the delicate act of balancing the employee's right to security of tenure
against the employer's right to freely exercise its management prerogatives “
THE COMPLAINANT IS CLAIMING MORE WAGES THAN WHAT IS

DUE TO HIM.
The Respondent JCB Alliance Security Agency has already paid all his
wages for the period February 13- March 12, 2024. In the case of G & M
(PHILS.), INC., PETITIONER, VS. EPIFANIO CRUZ, RESPONDENT,
G.R. NO. 140495 April 15, 2005, the Supreme Court said that a general rule,
one who pleads payment has the burden of proving it. Even where the plaintiff
must allege non-payment, the general rule is that the burden rests on the
defendant to prove payment, rather than on the plaintiff to prove non-payment.
PRAY E R S
That in view of all the foregoing the herein RESPONDENT humbly

prays to this Honorable Arbiter that herein instant Position Paper be admitted
and complaint be DISMISSED for lack of merits and no legal basis.
p
Other remedies just equitable under the premises are likewise being
prayed for.
June ____ 2024 , Quezon City.
NILDA WALET
Respondent
Copy furnished: Registered Mail No.
RASID TING SABDANI ____________________

13 Pook Vilage , U.P. Village
Quezon City ____________ 2024
Timbao, Biñan City, Laguna
3
REPUBLIC OF THE PHILIPPINES )
QUEZON CITY ) S. S.
VERIFICATION/CERTIFICATION
FOR NON-FORUM SHOPPING
I, NILDA WALET, of legal age, Filipino and a resident of c/o JCB

Alliance Security Agency, #18 Jewel St., Forest Hill, Gulod, Novaliches,
Quezon City after having been duly sworn to in accordance with law do hereby
depose and state;
That I am responsible in the preparation of this Position Paper and that I

have read and understood the foregoing contents of the said pleadings;
That I have not filed any similar pleadings or complaint against the said
respondents, to any tribunals such as in the municipal trial courts, regional trial
courts, court of appeals or to any quasi-tribunal. That if and when I should have
discovered any such similar case pending in any court I will immediately
inform this Honorable Board within a period of five (5) days from receipt
hereof;
That I am executing this affidavit base on my own knowledge and base
on authentic documents and for all other legal intents and purposes it may serve.
AFFIANT FURTHER SAYETH NAUGHT.
NILDA WALET
Affiant
SUBSCRIBED AND SWORN TO before me this __ day of June 2024 at

Quezon City , after herein affiant personally exhibited to me his valid ID to be
the same person who executed the foregoing.
Doc. No. ____;

Page No.____;
Book No. ____;
Series of 2024.

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Republic Of The Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

Honorable Labor Arbiter Romelita N. Rioflorido

RASID TING SABDANI,

-versus- NLRC NCR Case No. 04-00700-24

JCB ALLIANCE SECURITY AGENCY,

RESPONDENT/S: NILDA WALET, of legal age, married, Filipino and a

COMPLAINANT: RASID TING SABDANI of legal age, Filipino and a

FACTS OF THE CASE:

The complainant’s salaries for February 12 to March 13 was fully paid.

On March 19, 2024, I was informed by my client CELPACK

That the complainant failed to answer in writing and continued his

That I was informed by my Branch Manager and Operations Manager

ISSUE OF THE CASE:

a. WHETHER OR NOT THE COMPLAINANT WAS ILLEGALLY

b. WHETHER OR NOT THE COMPLAINANT RECEIVED MORE THAN

THE COMPLAINANT WAS NOT ILLEGALLY DISMISSED

It was also become a management prerogative in determining the dismissal of

THE COMPLAINANT IS CLAIMING MORE WAGES THAN WHAT IS

That in view of all the foregoing the herein RESPONDENT humbly

June ____ 2024 , Quezon City.

Copy furnished: Registered Mail No.

RASID TING SABDANI ____________________

I, NILDA WALET, of legal age, Filipino and a resident of c/o JCB

That I am responsible in the preparation of this Position Paper and that I

AFFIANT FURTHER SAYETH NAUGHT.

SUBSCRIBED AND SWORN TO before me this __ day of June 2024 at

Doc. No. ____;

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