REPUBLIC OF THE PHILIPPINES ) ANNEX “A”

PROVINCE OF BULACAN ) S.S.

AFFIDAVIT

I, E, Filipino, single, of legal age and with residential address at 123

Road, Magnolia Street, Malolos, Bulacan after having been duly sworn to
in accordance with law, do hereby depose and say:

1. That I am working as a Shop Man of ABC Corporation, which is a

company engaged in retreading or recapping of tire services, with
office address in Malolos City, Bulacan;

2. That I started my work at the said Company as a helper in April

15, 2000, then as as shop man at the time of the filing of this
affidavit;

3. That I am receiving a monthly salary of P10,000.00;

4. That on March 16, 2020, President Rodrigo R. Duterte announced

a total lockdown in the entire island of Luzon putting the main
island of Luzon under “Enhanced Community Quarantine.” After
such announcement, my manager, B, asked me to report to work
the following day, but I refused to report to work due to great fear
that the infectious COVID-19 will take a toll on my health;

5. That after the announcement from our company President, A, of a

proposal of a reduced workforce, I sent a text message to my
manager informing him of my plan to take a leave of absence due
to great fear of my health from the infectious COVID-19. My
manager instructed me to formally file my leave of absence at the
HR Department, which is headed by C;

6. That I have formally filed my leave of absence for one month

through C, who have formally acknowledged receipt of my leave
of absence and approved the same;

7. That after filing my leave, I went to my homeland province to

return to my family and spent my one month leave their. After the
expiration of my allowed leave, I planned to return to Malolos
City, Bulacan to report to work but I was stopped by the policemen
manning the checkpoint in the boundary of Bulacan and Pampanga
and was denied entry;

8. That I informed my manager of my denied entry in the province of

Bulacan and he told me that I cannot report to work anymore;
9. That after a week, or on April 23, 2020, I informed my manager
that I will report to work the following day because I was able to
go inside the province of Bulacan. However, he informed me of
my dismissal in the company;

10.That after having been informed of the dismissal, the manager

asked me to sign a document waiving all money claims against the
company to which I refused to sign;

11.That I reported to work the following day but the security guard
won’t let me inside the company premises;

12.That after being illegally dismissed, I have not received my

separation pay from the company. I asked helped from the HR
Department to give me my separation pay, 13 th month pay, holiday
pay, rest day pay and backwages. However, my demand remained
unheeded;

13.That because of the illegal and illicit acts of ABC Corporation, I

was forced to file a complaint before the Department of Labor and
Employment-National Labor Relations Commission and
constrained to acquire the services of a lawyer to litigate, prosecute
and defend my interests in this case;

14.That I deny the allegation of Respondents Position paper in

paragraph 6 that he voluntarily resigned from his work. I deny the
due execution/authenticity of the handwritten resignation later
which allegedly stated my resignation due to the desire to return to
the province with my family upon request by my sick mother,
apart from the need to attend to our farm and my intention to take a
much needed rest.

15.That I also deny the allegation of Respondents’ Position Paper in

paragraph 6 that I never reported for work and could no longer be
located when in truth and in fact, after I took my leave of absence
as I needed to go to the province, I was thereafter not allowed by
Respondent to return back and report for work.

16.That I also deny the allegation of Respondents’ Position Paper in

paragraph 7 that stated that I resigned from work because I want to
receive a separation pay to use in settling and paying my numerous
obligations. I did not resign from work and was constructively
dismissed when I was not allowed to go back and report for work
after my leave of absence.

17. I also deny the allegation of Respondents’ Position Paper in

paragraph 7 which states that I received my 13th month pay from
Respondents. I had no receipt of this up to this date.
 18.That I executed this affidavit to attest to the truthfulness of the
foregoing and to support for my Reply against ABC Corporation,
Mr. A, and Mr. C.

IN WITNESS WHEREOF, I have hereunto set my hand this 8 th day

of September 2020 here at Malolos City, Bulacan.

(sgd) E
Affiant

SUBSCRIBED AND SWORN to before me this 8 th day of September

2020, affiant exhibiting to me his TIN ID No. 234-234-546 bearing his
photo and signature.

WITNESS MY HAND AND NOTARIAL SEAL, this 8 th day of

September 2020 here at Malolos City, Bulacan.

(sgd)ATTY. PEDRO T.
SANTOS
Notary Public for Bulacan
Commission Serial No. 12345
Until Dec. 31, 2020
Malolos, Bulacan
Roll of Attorney No. 3456
IBP Lifetime No. 241, 12-27-
2009
MCLE Compliance No. 17-
2890
Doc. No. 010;
Page No. 002;
Book No. 001;
Series of 2020.