Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION
Dumaguete City

DANIEL ESPIRITU
Complainant,
NLRC Case No. RAB-VII 09-111-2017

-versus-

RICHARD GAMOLA as area manager
AND GALAXY SECURITY AGENCY
Respondents.
X---------------------------------------------------X

POSITION PAPER OF THE COMPLAINANT

I.

STATEMENT OF FACTS

Complainant Daniel Espiritu was hired by Galaxy Security Agency as guard
on April 1, 2013. He was assigned at the agency’s various clients, the last of
which was at Prime Corporation, Bais City until his relief on October 8, 2015.
He was paid a daily wage of P 250.00 per day.
Respondent Galaxy Security Agency is engaged in providing security
services to its various clients or principals, with principal office in Dumaguete
City and a branch office at Galaxy Compound, Luca, Tanjay City. Respondent
Richard Gamola is the Area Manager and is being sued in his capacity as such.
Sometime in September 2015, Espiritu complained to Head Guard Alberto
Tamayo and Galaxy Finance Officer, Rose Abellana that he was underpaid. He
also complained that he was not paid overtime pay, 13th month pay and labor
standard benefits but his concerns were not acted upon.
Considering this incident, he then raised his concerns directly to the main
office in Dumaguete City wherein he was assured by the office secretary, Alicia
Mira that she would talk to Area Manager Richard Gamola about his concerns.

complainant was handed a relief order by Head Guard Capaje for him to leave his post at Prime Corporation effective October 8. 2. 3. II. On October 20. THE THUS COMPLAINANT WAS ILLEGALLY TANTAMOUNT TO CONSTRUCTIVE 2. holiday pay. that he could not immediately report to the branch office due to financial constraints since his payday was still on the 20th of the month. WHETHER OR NOT THE TRANSFER OF THE COMPLAINANT FROM DUMAGUETE TO LUCA. THIRD ISSUE: THE COMPLAINANT IS ENTITLED TO SEPARATION PAY. WHETHER OR NOT COMPLAINANT IS ENTITLED TO SEPARATION PAY. UNDERPAYMENT OF WAGES. ATTORNEY’S FEES AND DAMAGES. He told Tamayo. NIGHT PREMIUM PAY. OVERTIME PAY. Ordering the Respondent to pay to the Complainant his service incentive leave pay. TANJAY CONSTITUTE AN INVALID TRANSFER TO WARRANT CONSTRUCTIVE DISMISSAL. III. HOLIDAY PAY.On October 7. Declaring the termination of the herein Complainant as illegal. HOLIDAY PAY. complainant reported to their Tanjay Office but he was told by Gamola that he was considered AWOL because he did not report to the office since October 8. DISCUSSIONS 1. premises considered it is most respectfully prayed of this Honorable Labor Arbiter. 2015 and to report immediately to Galaxy branch office in Tanjay for instruction and re-assignment of post. however. PRAYER WHEREFORE. 13TH MONTH PAY AND SERVICE INCENTIVE LEAVE PAY. 2. ISSUES 1. SECOND ISSUE: THE COMPLAINANT HAD NO INTENTION TO LEAVE HIS POST. rest day premium pay and overtime pay that were all deprived to him during his entire employment with the Respondent. 2015. OVERTIME PAY. and . 3. that the decision be rendered to wit: 1. ATTORNEY’S FEES AND DAMAGES IV. 2015. DISMISSAL. 2015. WHETHER OR NOT THE COMPLAINANT AS CONSIDERED AWOL FROM THE SERVICE. 13TH MONTH PAY AND SERVICE INCENTIVE LEAVE PAY. FIRST ISSUE: TRANSFERRED. UNDERPAYMENT OF WAGES. NIGHT PREMIUM PAY.

No. III-0008897 Dumaguete City Copy furnished: (by registered mail) RICHARD GAMOLA Area Manager Galaxy Security Agency Dumaguete City. CIMENI Counsel the Complainant Attorney’s Roll No. Furthermore. Cert. 8966437/2-11-17/Dumaguete MCLE Comp. MARY JUNRIZA S. ATTY.3. it is likewise prayed that the complainant be paid Attorney’s Fees and damages as may be deemed proper for the financial and moral struggles he has incurred in filing this case. 6200 Registry receipt no: _____ Date Mailed: . 67804 IBP No. 111/2-11-17/Dumaguete PTR No.

DANIEL ESPIRITU Affiant CTC No. depose and state: 1. Book No. That I am one of the complainant of this case. No. ______. in Dumaguete City. Page No. and a resident of Dumaguete City. DANIEL ESPIRITU I. 2018 Notarial Commission No.VERIFICATION I. Philippines. . of legal age. ______. Affiant exhibited to me his Community Tax Certificate above-written. I have hereunto affixed my signature this 5 th day of January 2017. 87690976 Dumaguete City/5/1/2017 SUBSCRIBED AND SWORN to before me this 5th day of January 2017. 1212343: 1-11-11: Dumaguete City PTR No. 098-10 Roll No. IN WITNESS WHEREOF. after having been duly sworn to in accordance with law. 78998 IBP No. ______. 4343554: 1-11-11: Dumaguete City MCLE Exempt Doc. Philippines. ATTY. GAZIELLA NEPOMOCENO Notary Public Until December 31. have read the same and the contents thereof are true and correct to the best of my personal knowledge and based on authentic records. in the City of Dumaguete. Series of 2017. Filipino. and 2. That I have caused the preparation of the foregoing Position Paper.

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