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Reply Paper - Bahian
Reply Paper - Bahian
ALLAN H. BAHIAN.,
Complainant
DIRECT ELECTRIX
EQUIPMENT CORPORATION
and DANIEL ESCUDO.,
Respondents.
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REPLY PAPER
(For the Complainant)
Paragraph 7
The just causes in the Labor Code are found in the following
provisions thereof:
In this case, the notice shall be served at the worker's last known
address.
Prefatory Statement
The Parties
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)
3
Statement of Facts
1
Hereafter, “complainant”, or “Bahian.”
2
Hereafter, “respondent corporation”, “Direct Electrix.”
3
Hereafter, “respondent”, or “Escudo.”
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)
4
14. Since 2001, it is Direct Electrix that issues the safety shoes
and it is being paid by the employees through monthly deductions in
their salaries. The complainant explained that he already requested
twice before the manangement for a new safety shoes because his old
safety shoes is not anymore usable. The complainant further
explained that he is just waiting for the new safety shoes to be issued
by Direct Electrix. The complainant respectfully showed before
Valdez that by the circumstances, he cannot anymore use the old
safety shoes.
4
Hereafter ,“HR Department.”
5
Hereafter, “Valdez.”
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)
5
Issues
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)
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6
Emphasis supplied.
7
G.R. No. 165282 October 5, 2005.
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)
7
28. The High Court in the case of Peak Ventures Corp. and El
Tigre Security and Investigation Agency vs. Heirs of Nestor Villareal 8 ruled
that the twin reliefs that should be given to an illegally dismissed
employee are full backwages and reinstatement.
32. The High Court in the case of Ventenella vs. Centeno9 stated
the rule when can moral damages be claimed:
Article 2234. While the amount of the exemplary damages need not be proven,
the plaintiff must show that he is entitled to moral, temperate or compensatory
damages before the court may consider the question of whether or not exemplary
damages should be awarded.
PRAYER
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)
10
Department of Justice
PUBLIC ATTORNEY’S OFFICE
City of Manila District Office
4th Floor, Godino Building
350 A. Villegas Street, Ermita, Manila
By:
ISHMAEL Z. VINAS
Public Attorney I
Roll of Attorneys No. 71492
PTR No. 6896319/06-11-18/Makati
IBP No. 042047/05-09-18/Manila 4
Governing Boards No. 1, Series of 2008
Copy furnished:
DIRECT ELECTRIX EQUIPMENT
CORPORATION / DANIEL ESCUDO.,
Respondents
22 Narra Street, Cristina Subdivision,
Concepcion Uno, Marikina City NCR 1807
NCR-08-14017-18
Bahian vs. Direct Electrix Equipment Corporation and Daniel Escudo
Position Paper (for complainant)