JOSE MARIA COLLEGE OF LAW

LEGAL RESEARCH AND WRITING (1.5A)

MIDTERM EXAM
AY 2022-2023

Instructions:
1. For groups 1-4, draft a Position Paper for the employee.
2. For groups 4-8, draft a Position Paper for the employer.
3. Observe Efficient Paper Rule, and correct citation of provisions of the law and relevant
jurisprudence.
4. Submit at legalwritingjd103@gmail.com in pdf format on or before 05 October 2022
(Wednesday). Simultaneous with your submission of your Position Paper, furnish the
‘opposing party’ a copy of the same. Send it to the Group’s representative and cc: him/her in
your email.
Group 1 – Group 8;
Group 2 – Group 7;
Group 3 – Group 6
Group 4 – Group 5.
5. Under Section 12(d) of the 2011 NLRC Rules of Procedure, as amended, a reply may
be filed by the parties, viz:

“Within ten (10) days from receipt of the position paper of the adverse party, a
reply may be filed on a date agreed upon and during a scheduled set before the
Labor Arbiter.”

Thus, submit your Reply at legalwritingjd103@gmail.com in pdf format on or before 12

October 2022 (Wednesday).

Facts:

Employee name: Anna Delvey

Employer: Steins Gate Construction Inc. (SGCI)
Employer’s General Manager: Mayuri Shina

• Anna Delvey worked for Steins Gate Construction, Inc. since 08 March 2011 as Human
Resource Manager.
• On 05 September 2022, Anna Delvey filed a complaint for constructive dismissal with the
NLRC, with claims for payment of separation pay in lieu of reinstatement with full
backwages, non-payment of 13th month pay and other monetary benefits, damages and
attorney’s fees against SGCI.
• Statement of facts and contentions of Anna Delvey:
§ Anna Delvey said that she was forced to resign when SGCI’s General Manager,
Mayuri Shina, accused her of falsifying the latter’s signature in an “Authority to
Travel” Form dated 25 June 2021. Said incident happened on 01 July 2021.
§ In an effort to disprove Shina's accusations, Delvey proceeded to the Philippine
National Police (PNP) to have the controversial "Authority to Travel" form examined,
and also submitted several other documents signed by De Jesus as a way to compare
the signatures and prove that it was Shina who had indeed signed the form.
§ Based on its findings, the PNP Crime Laboratory reported that the signature of Shina
appearing on the "Authority to Travel" Form and on the other submitted documents
was written by one and the same person.
§ Delvey alleged that she submitted the report findings to the HR Department to
inform them that Shina’s claim of falsification had no basis. Delvey claimed that,
because of this, she became the subject of unnecessary ridicule.
§ Still, she reported for work on 07 July 2021. When she was about to sit on her desk
and to open her computer, Shina stormed in the room and exclaimed, “Do not dare
touch that laptop!”
 § According to Delvey, said remark was heard by her co-employees. Consequently, she
was put in a humiliating position. Delvey also claimed that Shina told her that Shina
was disregarding the PNP Report and threatened to terminate Delvey’s employment.
§ Because of this, Delvey was prompted to resign and subsequently filed this complaint
for constructive dismissal on 05 September 2022.

• Statement of facts and contentions of SGCI:

§ To the allegations stated above, SGCI maintained that Anna Delvey voluntarily
resigned from work.
§ Mayuri Shina denied uttering those remarks towards Anna Delvey. SGCI contended
that Delvey should have submitted proof of this claim, otherwise, this was just a
baseless accusation.
§ SGCI banked its argument on the tenor of Delvey’s resignation letter consisting
words of gratitude and well-wishes, her completion of the exit interview form and the
clearance procedure, as well as her signing of waiver and quitclaim.
§ SGCI claimed that Delvey, in her exit interview form, reasoned out that her reason
for leaving was to work for another company for greener pasture.
§ SGCI also questioned the belated filing of Delvey’s complaint for constructive
dismissal.

N.B. – Considering that you are only first year students, I am citing concepts and/or provisions of
the law that you can consider in drafting your respective Position Papers:

Groups 1-4:
1. Concept of Constructive Dismissal
To prove constructive dismissal, allegations must be supported by sufficient evidence.
2. Article 279 of the Labor Code re: entitlement to reinstatement without loss of seniority
rights
3. Also see: Entitlement to separation pay in lieu of reinstatement

Groups 5-8:
4. Effect of the tenor of the resignation letter on the claim for constructive dismissal
5. Effect of signing Release, Waiver and Quitclaim
6. Effect of belated filing of complaint for illegal dismissal
In order to belie claim for constructive dismissal, the employer must establish that the
resignation of the employee is voluntary.

N.B. – Your respective Position Papers will be graded based on the quality of your legal research
and on your writing skills, and will not be based on whose contentions between Delvey and
SGCI are to be upheld. Good luck!