Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

Region 9
Cortez Building, Dr. Evangelista Street,
Sta. Catalina, Zamboanga City

LS CASE NO. RO9-JA-2018-01-08ZDNFO

IN THE MATTER OF THE JOINT

ASSESSMENT CONDUCTED AT
THE PREMISES OF PHILIPPINE
NATIONAL BANK, LOCATED AT
GEN. LUNA ST., DIPOLOG CITY
X-----------------------------------------------------X

NOTICE OF APPEAL
POSTING OF APPEAL BOND and SUBMISSION OF
MEMORANDUM OF APPEAL

COMES NOW, Metro Guard Security of the Philippines, Inc. and/or

Gerome Y. Escandor (hereinafter Appellant or METRO GUARD for brevity),
through the undersigned counsel and to this Honorable Secretary of Labor, most
respectfully avers:

1. On September 3, 2018, Appellant METRO GUARD, through its Legal

Department, received a copy of the Decision dated August 03, 2018;

2. The subject Order commands appellants to pay the affected workers

concerned the sum total amount of ONE HUNDRED FIFTY ONE
THOUSAND SEVEN HUNDRED SEVENTY PESOS (Php151,770.00) only;

3. Thus, Appellant hereby file this Notice of Appeal and posts its appeal
bond hereto attached in an envelope marked as ANNEX “1” is a manager’s
check _______________________________ in the afore-stated amount.
Photocopies thereof is attached to the subsequent copies of the
memorandum of appeal;

4. Memorandum of Appeal is hereto attached as ANNEX “2”.

Respectfully Submitted.

September __, 2018, Davao City for Zamboanga City, Philippines.

ATTY. NATHALIE B. QUINONES

Authorized Representative
For APPELLANT METRO GUARD

MEMORANDUM OF APPEAL

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 COMES NOW, Metro Guard Security of the Philippines, Inc. and/or
Gerome Y. Escandor (hereinafter Appellant or METRO GUARD for brevity),
through the undersigned counsel and to this Honorable Secretary of Labor, most
respectfully avers:

PARTIES

1. Metro Guard Security of the Philippines, Inc. (Appellant or METRO

GUARD for brevity), a domestic corporation engaged in the business of
providing security services, can be served with summons and other legal
processes at Escandor Bldg., corner Juan Luna and Damaso Suazo Streets,
Davao City represented herein by its Counsel Atty. Nathalie B. Quiňones
by virtue of secretary certificate hereto attached as ANNEX “A”;

2. The four (4) affected workers are security guards currently employed by
herein appellant assigned at PNB- Dipolog namely:

1. Joseph R. Ochavo - P11,092.50

2. Junel V. Ladion - P11, 092.50
3. Jovencio T. Trigosa- P11, 092.50
4. Sally P. Bantilan - P11,092.50

TIMELINESS OF THE APPEAL

3. Appellant METRO GUARD received the above-mentioned decision on 03

September 2018. Pursuant to the 2011 NLRC Rules of Procedure, it has ten
(10) days from receipt of the decision within which to file this appeal.
Counting ten (10) days from said date, the last day of filing a
memorandum of appeal is 13 September 2018. Hence, the filing of this
memorandum is within the reglementary period to file an appeal.

ORDER ASSAILED FROM

4. The Honorable Regional Director Ofelia B. Domingo in the instant case

ordered appellant to do the following acts, to wit:

IN VIEW OF THE FOREGOING, PHILIPPINE NATIONAL BANK

(PNB) located at Gen. Luna St., Dipolog City, through its branch manager
MR. RICHARD R. MANINGO and METRO GUARD SECURITY OF
THE PHILIPPINES INC., through its President/Chief Executive Officer
MR. GEROME Y. ESCANDOR, are hereby declared to be JOINTLY and
SOLIDARILY liable and DIRECTED to pay the amount of FORTY
FOUR THOUSAND THREE HUNDRED SEVENTY PESOS
(P44,370.00) representing the underpayment of wages, affecting four(4)
guards namely:

1. Joseph R. Ochavo - P11,092.50

2. Junel V. Ladion - P11, 092.50
3. Jovencio T. Trigosa- P11, 092.50
4. Sally P. Bantilan - P11,092.50

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 Xxx

Further, METRO GUARD SECURITY OF THE PHILIPPINES INC.,

through its owner President/Chief Executive Officer MR. GEROME Y
ESCANDOR is hereby DIRECTED to pay the amount of ONE
HUNDRED SEVEN THOUSAND FOUR HUNDRED PESOS
(P107,400.00) representing payment of refund for deducted cash bond
affecting TWO(2) workers namely:

5. Joseph R. Ochavo - 53, 700.00

6. Jovencio T. Trigosa- 53, 700.00
The above-stated amounts shall be satisfied by depositing same with the
cashier of the Regionaloffice within TEN (10) days from receipt of this
Order x x x

SO ORDERED.

A copy of said Order is attached and marked herein as ANNEX “C”;

GROUND OF APPEAL

If serious errors in the findings of facts are raised which, if not corrected,
would cause grave or irreparable damage or injury to the appellant

5. Through the instant appeal, Appellant attempts to assail the foregoing

Decision through valid arguments the consideration of which would
effectively negate the questioned monetary award in this case.

6. If these points are not considered, the same would cause grave and
irreparable injury to herein appellant. To this end, the same humbly seek
the nullification of the said Decision.

ISSUES

I. WHETHER OR NOT THE FINDING OF UNDERPAYMENT OF

WAGES IS PROPER

II. WHETHER OR NOT THE ORDER TO RETURN CASH BOND/

SAVINGS IS JUSTIFIABLE

DISCUSSIONS AND ARGUMENTS

I. NO UNDERPAYMENT OF WAGES

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7.

II. WORKERS VOLUNTARILY

EXECUTED AUTHORITY TO
DEDUCT CASH BOND/SAVINGS

8. It is respectfully manifested that all of the named affected workers in the

instant case have voluntarily executed their respective “Authority to
Deduct” in favor of the management of Metro Guard of the Philippines,
Inc. (METRO GUARD for brevity).

9. The main purpose of said deduction is to cover for the loss or damage of
the firearms the cause of which is attributable to the guard or worker. The
same will serve as voluntary savings as well and shall be returned to them
upon severance of service. This was fully explained to them and to which
they are also amenable and willingly agreed thereto. As proof, copies of
their Authority to Deduct executed by each of the affected employees are
hereto attached, to wit:

Workers: Quitclaim marked as:

a. Joseph R. Ochavo Annex “D” to “D-1”

b. Jovencio T. Trigosa Annex “E” to “E-1”

10. It is then respectfully submitted that the Authority to Deduct attached

hereto are enough pieces of evidence to show that the employees and
management of appellant have agreed to establish a Voluntary Savings
Fund and that both parties are voluntarily and willingly consented thereto.
Thus, it is humbly submitted that the said deduction is valid and lawful;

11. It is further manifested that the herein appellant is serious in its efforts to
be compliant with the legal orders and mandate of this Honorable
Department.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Secretary of Labor that an order be issued NULLIFYING and
SETTING ASIDE the Decision of the Honorable Regional Director dated 03
August 2018 and in lieu thereof, an order be issued declaring:

A. That the finding of underpayment of wages be NULLIFIED and the

monetary award thereof be DELETED;

B. By virtue of the Authority To Deduct voluntarily executed by the affected

workers, the order to return their cash bond/saving be DELETED.

Such other relief as may be deemed just and equitable under the
premises is likewise prayed for.

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Respectfully submitted.

Davao City for Zamboanga City, ___ day of September 2018.

ATTY. NATHALIE B. QUIÑONES

Counsel for the Respondent
Roll of Attorneys No. 65159
IBP O.R. No. 024518; 01/08/18; Davao City
PTR O.R. No. 9618374; 01/03/18; Davao City

EXPLANATION

Service and Filing was made through registered mail with return card due
to distance and lack of personnel to effect personal service.

NATHALIE B. QUIÑONES

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