REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. IV
Calamba City

EVA S. CANCERAN,
Complainant,

-versus- NLRC CASE NO. RAB-IV-11-01517-15-L

WENZHUAN MARKETING CORPORATION, et al,

Respondents

POSITION PAPER
(For Respondent I Serve Human Resource Services, Inc.)

Respondent I SERVE HUMAN RESOURCE SERVICES, INC. (hereinafter the

“Company”), by the undersigned, respectfully state:

PREFATORY STATEMENT

While the Constitution is inexorably committed towards the protection of the

working class from the exploitation and unfair treatment, it nevertheless mandates the
policy of social justice to strike a balance between an avowed predilection for labor on
the one hand, and the maintenance of the legal rights of capital, the proverbial hen that
lays the golden egg, on the other (Homeowners’ Saving & Loan Association, Inc., 262
SCRA 406). The Constitution does not mandate that every dispute between labor and
capital be decided in favor of labor. As often repeated by the Supreme Court:

“Justice is in every case for the deserving, to be dispensed with in the light of
established facts, the applicable law, and existing jurisprudence.” National Sugar
Refineries Corp. vs. NLRC, 220 SCRA 452).
 Truly, the oppression or destruction of the employer has never been part of the
vision of the State. Thus, the Supreme Court has stated:

“x x x. There may be cases where the circumstances warrant favoring labor over
the interest of management but never should the scales be so tilted if the result would be
injustice to the employers. Justitia nemini neganda est – Justice is to be denied to none.”
Philippine Geothermal, Inc. vs. NLRC, 236 SCRA 371.

In the instant case, it is respectfully submitted that the scales of justice weigh in
favor of Respondent considering the evidence on record establishing that Complainant
was validly terminated, as will be expounded. Consequently, the charges for illegal
dismissal must be dismissed.

THE CASE

This is a Complaint for illegal dismissal, underpayment of compensation and

nominal damages.

THE PARTIES

Respondent I SERVE HUMAN RESOURCE SERVICES, INC. is a

corporation duly organized and existing under and by virtue of Philippine laws with
principal office address at G8 Daniel Commercial Complex, National Highway, Brgy.
Parian, Calamba City, Laguna. It was registered with the Securities and Exchange
Commission (SEC) on 20th of June 2014 under Company Registration No. CS201412000
(Annex A). It is a manpower agency the primary purpose of which is to engage in the
business on contracting, recruiting and enlisting professionals and workers, both skilled
and unskilled, for local work and to act as agent of individuals, persons or firms in the
supply of manpower or any other business that may seem expedient, necessary, incidental
and / or connected with local manpower agency. As secondary purpose, the Company
may engage in marketing and promotion services. The manpower agency is duly
registered with appropriate government agencies, including the Department of Labor and
Employment (DOLE) with Certificate of Registration No.ROIV-18A-1114-079 issued on
26 Day of November 2014, as prescribed under the New Labor Code of the Philippines
and all relevant Implementing Rules and Regulations (Annex B).

It has officially conducted its business operations upon receipt of its Certificate of
Registration from the Bureau of Internal Revenue (BIR) in Calamba, City of Laguna
(Annex C). Respondent may be served with summons, notices and other legal processes
of this Honorable Office in its principal office at G8 Daniel Commercial Complex,
National Highway, Brgy. Parian, Calamba City, Laguna.

Complainant EVA S. CANCERAN is of legal age, Filipino, with residence

address at B21 L17 Vesta Plain Majada in Canlubang Calamba City of Laguna, where
she may be served with notices and other court processes from this Honorable Office.
Complainant was a former contractual employee of the Company by virtue of an
employment contract executed on 25 March 2015 (Annex ) and was validly terminated
on September 24, 2015 by virtue of a Notice of End Contract dated August 29, 2015 duly
signed by Complainant Eva S. Canceran herself (Annex ____) before she filed this
malicious and baseless Complaint for unfounded charges of illegal dismissal, etc. on
November 26, 2015 (Annex _____).

ANTECEDENT FACTS

On _______________________, Complainant applied on March 25,2015 as

contractual employee pf Respondent for the position of In-charge to be assigned / posted
to its client as evidence by her application for employment dated _____________ (Annex
____). She signed a contract of employment for a period of ______________ (Annex
________) providing for compensation and government-mandated benefits and
allowances which were paid to her, accordingly.

In August 2015, before her employment contract expires, Respondent sent a

Notice of End Contact to Complainant to remind her of the end of her contract with
Respondent, which coincides with the Service Agreement of Respondent with the
principal at which the Complainant was assigned (co-terminus).

On November 26, 2015, Complainant filed before the Department of Labor and
Employment, Regional Arbitration Branch No. IV Calamba City a Complaint for illegal
dismissal and underpayment of compensation and damages against Respondent. (Annex
______).

Hence, this instant Complaint.

.
 RESPONDENT’S POSITION

I.
Complainant was validly terminated. Consequently, there was no illegal dismissal to
speak of.

II
Complainant received what was due her for compensation and government-mandated
benefits and allowances.

III
There is no legal and factual basis to hold Respondent liable for nominal damages.
Instead, Complainant is liable to Respondent for Damages.

DISCUSSIONS

I.
Complainant was validly terminated. Consequently, there was no illegal dismissal to
speak of.

In August 2015, before her employment contract expires, Respondent sent a

Notice of End Contact ( Annex ____) to Complainant to remind her of the end of her
contract with Respondent, which coincides with the Service Agreement of Respondent
with the principal at which the Complainant was assigned (Co-terminus).

Thus, the employment contract has ended and the same has been concluded, under
its terms and conditions. No renewal contract was executed by the parties to this case.

II
Complainant received what was due her for compensation and government-mandated
benefits and allowances.

Complainant has acknowledged the receipt of all her compensation and

remunerations in exchange of her services rendered with Respondent (Annexes
________).
 III
There is no legal and factual basis to hold Respondent liable for nominal damages.
Instead, Complainant is liable to Respondent for Damages as a form of Counterclaim.

There is no legal and factual basis to hold Respondent liable for nominal
damages.

Article 2221 of the new Civil Code provides:

“Nominal damages are adjudicated in order that a right of the plaintiff, which has been
violated or invaded by the defendant, may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss suffered by him.”

In the present case, there is no proof whatsoever that Respondent or any of its
officers was guilty of bad faith, negligence or malice. It follows, therefore, that damages
may not be awarded to the Complainant.

Instead, Complainant is liable to Respondent for Damages.

Bad faith or negligence is a question of fact and is evidentiary. It has been ruled
that bad faith does not connote bad judgment or negligence; it imports a dishonest
purpose or some moral obliquity and conscious doing of wrong; it means breach of a
known duty through some motive or interest or ill will; it partakes of a nature of fraud
(Malayang Samahan Ng Mga Manggagawa, et al vs. Ramos, et al., G.R. No. 113907, 20
April 2001).

The Complainant filed, in bad faith, this malicious Complaint for illegal dismissal
purely to harass Respondent and its officers knowing and fully aware that Complainant’s
services was validly terminated, her contract of employment has ended and was properly
concluded, under its terms and conditions.

RESERVATION

Respondent respectfully reserves its right to present additional documentary and

testimonial evidence, including the filing of a REPLY to Complainant’s Position Paper
and other allied pleadings.
 PRAYER

WHEREFORE, premises considered, Respondent respectfully moves that the

instant Complaint be dismissed outright for utter lack of merit and to render judgment in
favor of the respondent directing Complainant to pay Respondent for damages as sought
for as Counterclaim.

Other reliefs, just and equitable under the premises, are likewise prayed for.

Calamba City, Laguna.

March 14, 2016.

RICHELLE P. FRANCO
Authorized Representative

Copy furnished:

EVA S. CANCERAN,
Complainant
Address: B21 L 17 Vesta Plain Canlubang Calamba, City Laguna
REPUBLIC OF THE PHILIPPINES )
City of ________________________) Sc.

VERIFICATION
AND
CERTIFICATION OF NON-FORUM SHOPPING

I, Richelle P Franco, of legal age, Filipino, and with office address at G8 Daniel
Commercial Complex, National Highway, Brgy. Parian, Calamba City, Laguna, after
having been duly sworn in accordance with law, hereby depose and state that:

1. I am the Branch Manager of I SERVE HUMAN RESOURCE SERVICES,

INC., one of the Respondents in the above-captioned case;

2. I am authorized to cause, as I have caused, the preparation and filing of the

Position Paper in the above-captioned case;

3. I have read and understood the contents of the foregoing Position Paper and I
attest that the same are true and correct to the best of my knowledge and on the
basis of the records of the Company.

I further certify that:

a. Respondent have not commenced any other action or proceeding

involving the same issues subject of this Position Paper in the Supreme
Court, the Court of Appeals, or the different Divisions thereof, or any
other tribunal or agency;

b. To the best of my knowledge, no such other action or proceeding is or

remains pending in the Supreme Court, the Court of Appeals, or the
different Divisions thereof, or any other tribunal or agency;

c. If I should hereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or the
different Divisions thereof, or any other tribunal or agency, I undertake to
promptly inform this Honorable Office of that fact within five (5) days
from notice thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this ______________

at ______________________, Philippines.

RICHELLE P. FRANCO
Affiant

SUBSCRIBED AND SWORN TO before me this ________________ at

_____________, Philippines, affiant exhibiting competent proof of identity:
____________________________________.

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REPUBLIC OF THE PHILIPPINES)
City of ________________________) Sc.

SECRETARY’S CERTIFICATE

I, Tessie L Serinas, the incumbent Corporate Secretary of I SERVE HUMAN

RESOURCE SERVICES, INC., (hereinafter, the “Corporation”), a corporation duly
organized and existing under and by virtue of Philippine laws with principal office
address at G8 Daniel Commercial Complex, National Highway, Brgy. Parian, Calamba
City, Laguna, after having been duly sworn in accordance with law, do hereby certify that
at the meeting of the Corporation’s Board of Directors held at Calamba City, Laguna on
April 30,2015 the following Resolution was duly approved:

“RESOLVED, AS IT IS HEREBY RESOLVED, that the Corporation’s

___________________, Richelle P. Franco, as he/she is hereby authorized and directed
to do all acts necessary and proper in defending the Corporation in the case entitled
“EVA S. CANCERAN, Complainant, -versus- WENZHUAN MARKETING
CORPORATION, et al, Respondents, with NLRC CASE NO. RAB-IV-11-01517-15-B,
filed before the NATIONAL LABOR RELATIONS COMMISSION Regional
Arbitration Branch No. IV Calamba City, including but not limited to, the preparation
and filing of the Position Paper, and all necessary all subsequent and / or future
pleadings, motions, and other papers for appeals, petitions, or other incidents, which may
arise from the aforesaid case, before the National Labor Relations Commission, Court of
Appeals and / or the Supreme Court, verifying the allegations therein, executing
affidavits or sworn statements, giving testimonies, and making certifications against
forum-shopping.

RESOLVED FURTHER, that Richelle P. Franco is hereby given the authority to

negotiate, conclude, enter into and execute a compromise or amicable settlement of the
above-mentioned case, under such terms and conditions as he/she may deem just and
reasonable under the circumstances, with full power and authority to do and perform all
and every act and thing whatsoever requisite and necessary to be done in and about the
premises.”

TESSIE L. SERINAS
Corporate Secretary

SUBSCRIBED AND SWORN TO before me this ________________ at

__________________, Philippines, affiant exhibiting competent proof of identity:
____________________________________________.

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