Fr put,lic.

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Department of labor onct r ntployrut'nf
NATIONAL LABOR RELATIONS COMMISSION
Cogayan ell • <>rc1 C~l l y

MANILYN 8. DURON. NLRC ltAB XI 07 OO IJY. :JI

Comptoinont-Appellee.

-versus-

HOODA FRUIT TRADE CORP(formcrly

GOLDEN SUNSHINEINTERNATIONAL/
HGB BANANATRADERS) AND BOUR UY
-OWNER/GINA QUI NANOLA-MANAGER,
Respondents-Appe llants.
x x
MARWEN C. WALA-WALA, NLRC-RAB-Xl-02 -001 40 -21
Comp/ainants-Appellees.

-versus-

HOOD A FRUIT TRADE CORP(formerly

GOLDEN SUNSHINEINTERNATIONAL/
HGB BANANATRADERS) AND BOUR UY
-OWNER/GINA QUINANOLA-MANAGER,
Respondents-Appellants.

MARICHOU P. GARCIA AND NLRC-RAB-Xl-02-00 141 -21

JUVY R. MONTON,
Complainants-Appellees.

-versus-
-
HOODA FRUIT TRADE CORP{formerly
GOLDEN SUNSHINEINTERNATIONAL/
HG8 BANANATRADERS) AND BOUR UY
-OWNER/ GINA QUINANOLA-MANAGER,
Respondents-Appellants.

APPEAL MEMORANDUM
COMES NOW, the Respondent-Appellant. GINA QUINANOLA

assisted by counsel, and unto this Honorable Office. most respec tfully

submits this Appeal Memorandum. setting forth the following:

••••
 JIMELINESS OF THE APPEAL
On Apnl 29 20
, 22. tr1e Respondent-Appellant G no Qu fiofo
(Respondent. for brevity) rec . d
e1ve a copy of the Deasion of the
Honorable Labor A bit .
r er, Regional Arbitration Branch No. XI. Dovoo City,

dated November 3. 2021. Per 2011 NLRC

Rules of Proceoure. the

Respondent hos fen days to f1 eon appeal. thus. she hos until Moy 9, 2022.

However. said dote 1s a holiday, being on elecllon d ay. He nce the

Respondent hos until May 10. 2022 to file on appeal.

STATEMENT OF FACTS
This is on appeal from the Decision of the Honorable Labor Arbiter.

Regional Arbitration Branch No. XI. Davao City. doted November 3. 2021 .

t he dispositive portion of which reads:

" WHEREFORE. premises considered. judgment is hereby

rendered as follows :

1. Declaring that the closure of business of respondent

GINA QUINANOLA. doing business under the name
and style of HGB Banana Trading. was not due to
serious business losses or financial reverses . Thus.
herein complainants are entitled to One-Half (1 / 2)
Month Pay for every year of service as separation
pay:

2. Declaring that respondent GINA QUINANOLA. doing

business under the name and style of HGB Banana
Trading. failed to comply with the requirements of
due process in effecting the complainants ' dismissal
from employment due to closure of business. Thus.
herein complainants are entitled to an award of
11tlfty ThoUsand (Pltp30.000.00) flOCh a. Mllttffnol

damages:

3. Ordering the respondent GINA tyQIUINAf NHGOLA8Ba~~~~

business under the name and s e o
di g to pay the complainants MANILYN 8.
1
;~R;N· MARWEN c. WALA-WALA. MAR/CHOU P.
GARCIA AND JUVY R. MONTON. the total amount of
---................ TWO HUNDRED TEN THOUSAND PESOS (P210,000.00).
• ••••
 4. Dismissing the case against HOOD FRUrr TRADE
CORP. (formerly GOLDEN SUNSHINE INTERNATIONAL)
for lack of merit.

All other claims not herein discussed or granted are

deemed dismissed for lack of merit.

SO ORDERED. "

It is the said Decision whic h is the subjec t of the instant Appeal

The Respondent was not able to file her Position paper on time.

because the Respondent suffered from COVID-19 at that time. The

Respondent did receive a copy of the Position Poper of the

Complainants. Had she been able to submit her position paper. she would

- have proven the following:

1. The Respondent only started her business. HGB Banana Trading .

in the year 2019. Copies of the Respondent's Business Name

Registration Certificate issued by the DTI, and the Business Permit,

- both showing that she only started in the year 2019, are hereto

attached as Annexes "A", "8", and "8-J";

-
2. The Respondent closed and surrendered her business on

October 29, 2020. A copy of the ReHrement of Business. Issued by

the Municipality of Sto. Tomas, showing the effective date of

retirement as October 29, 2020, Is hereto attached as Annex "C":

3. The reason for the closure of the Respondent's business was due

losses caused by the COVID 19 Pandemic. Cop/es of the

 Sworn Statttment In Relation to Cessation of 8uJfness, and the

Audlled Financial Statements. are hereto attached as Annexes

"D". and "E" to "E-9".

With all due respect based on the above enumerated facts, there
•
is a necessity to re-examine the said Decision of the Honorable Labor

Ar biter.

In filing the instant appeal. the Responden t posted a cash bond

equivalent to the total award as contained In the said Decision of the

Honorable Labor Arbiter. The Respondent likewise paid the required

appeal fee and legal research tee.

GROUND FOR THE APPEAL/ ISSUE

WHETHER OR NOT THE HONORABLE LABOR ARBITER COMMITTED

SERIOUS ERRORS IN THE FINDINGS Of f ACTS AND OF LAW WHICH, IF NOT

C ORRECTED, WOU LD CAUSE GRAVE OR IRREPARABLE DAMAGE OR INJURY

TO THE RESPONDENT?

ARGUMENTS

With a ll d ue respec t, the Honorable Labor Arbiter committed serious

errors in the findings of facts and of low which. if not corrected. would

c ause grove and irreparable damage o r injury to the Respo ndent.

With all due respect. the following are the serious errors of the

Honorable Labor Arbiter:

 Th Hn orob e Laoor Arb! er committedsenous enor when •

d ctored lhat tne Re1pondent lS able f Of ~eporo on pay om

the year 2017 until the year 2021

2. The Honorable lobar A.rb1ter comm tted senous error when t

declared that the closure of business of the Respondent was not

due to senous business losses or fincnc1al reverses.

3. The Honorable Labor Arbiter committed serious errOJ when lt

a warded Nominal Damages 1n the amount o f Php30.000.00 for

each Complainant:

First. the Respondent only slarled her business in the year 20 19, a nd

surrendered her business on October 29. 2020. There •s no basis for the

award of separation pay for the yea rs w hen the Respondent did no t yet

start her b usiness. Neither shall separation pay be awarded ofter the

Respondent c losed its business in the year 2020.

- The Respondent. under the business name. HGB Bonano Trading.

merely operated for over one year. from Morch 2019 until October 29.

2020.

Therefore . the award of separation pay equivalent to 2 or 3 or even

4 years of service has no factual basis.

second, the closure of the business of the Respondent was due to

senous bus ness losses. Af first. the Respondent's b usiness wo~ operating
~::::.i::.~
normally. However. her business suffered serious losses d uring the height of

the COVID-19 pandemic. After prolonged lockdowns. the operations of

t he Respondent's b usiness severely suffered and its so les were greatly

affec ted. This forced the Respondent to close her business. This is shown in

the a ttac hed Annexes.

The Respondent could no longer sustain the con1inued operations

o f her business. a s she could no longer pay for the wages of her

employees. The closure of her business was necessary.

Third , the award of nominal damages, the a mount of which

although d iscretionary on the part of the Honorable Labor Arbiter, is hig h.

In the present ca se, the Honorable Labor Arbiter awarded nominal

damages in the amount of Php30.000.00 eac h.

With all d ue respect. the Complainants only worked for the

Responde nt for over a year. Further, the failure to c omply with the

stringent requirement of giving a 30-day notic e to the DOLE prior to

closure was not very sever but merely due to inadvertence or lack of

knowledge thereof.

Moreover, the Respondent informed the Complainants to report to

the office to receive their separation pay. However. the Complainants did

not get their separation pay. Instead, they directly filed the instant case.

In other words. the Respondent was willing to pay the Complainants

~;r;.~tion pay. In ta ct. the other employees of the Respondent

repor1ed to the off ice and were paid
. their separation pay. Only the herein
.

C omplainants did not report to the office

. to get their separation pay a nd

instead direc tly filed the instant case.

Adding these circumstances. it is humbly implored of this Honorable

O ffice to justly reduce. if not set aside, the award of nominal damages.

The Respondent never intended to evade her obligation. She was

willing to pay the separation pay of the Complainants, as she in fac t, paid

for the rest of her employees.

PRAYER

WHEREFORE. premises considered, it is most respectfully prayed of~ ___.,.....,,.~1

this Honorable Office that a judgment be rendered setting aside the

Decision of the Honorable Labor Arbiter, doted November 3, 2021 , and a

new one be entered, reducing or dismissing the award of separation pay,

as the Respondent only operated for over one year. and reducing or

dismissing the award of nominal damages.

Other reliefs and remedies just and equitable under the premises

ore likewise prayed for.

panabo City (for Cagoyan de Oro City), Davao del Norte,

Philippines. MOY 1 o. 2022.

••
 I

GIN~ QUINANOLA r.
f\E' o~n~enf-Appef ont

ASSISTED BY: ~ I

A TTY· ~R¢EL . O PALLA VII

COUNSEt f/<?_ 0 T·l'E PONDENT-APPELA.NT
2na Floor Cadelina Quezon SI •. Ponobo City
RO . 50073
PTR NO. 0.i4 157I/01-04-2022
IBP NO. 196301101-05-2022
TIN: 937-389-673
,\'1CLE COMPLJANCE NO. V//-00062 I 4
Dote issued: 11-02-2021

Republic of the Philippines }

CITY OF PANA BO } S.S VERIFICATION/ CERTIFICATION
Province of Davao del Norte} AGAINST FORUM-SHOPPING
x ---·----x
I GINA V. QUINANOLA, of legal age Filipino single and a resident of Purok
2B. Block 9 . Lot 14 Hacienda del Sol Slo. Tomas. Davao del Norte Philippines.
ofter having been duly sworn to in accordance wilh low do hereby depose and
soy:
1. The allegation in the pleading is true and correct based on my
personal knowledge. or based on authentic documents:

2. The pleading is not filed lo harass. cause unnecessary delay. or

needlessly increase the cost of litigation: and

3. The factual allegations therein hove evidentiory support or. if

specifically so identified. will likewise have evidentiary support otter a
reasonable opportunity for discovery.
4. Thal I hove not commenced any other action involving the same
issues before the Supreme Court. the Court of Appeals or any division
thereof or any tribunal or agency; That lo the best of our knowledge.
no such action is pending before the Supreme Court. the Court of
Appeals or any trib unal or agency; and That in the even1 that any
action involving the same should be made known. I hereby bind
myself to report the some within five (SJ days from knowledge thereof
to this Honorable Court.
IN WITNESS WHEREOF. l have hereunto affixed my signature this
• at Ponobo City. Davao del Norte. Philippines.
_...,.
M.....,
AY--41f--..Or-'20'W'l,.....-
'l'll !)
GINA . QUINANOLA
Affiont
Passport ID NO. P222676 IB
. MAY 1 O ~ al
SUBSCRIBED AND SWORN TO. b efore me this _ _ _ _ _ __,
p bo City Davao del Norte. Philippines. The offia nt exhibited lo me her
c~~pe1ent Proof Identity as indica ted below her name.

Doc No. fo( :

Page No . .f.L_; ory l'ubl'•c
i.,_!Ucembef 3\ 2022
rr:o:~o~o~lc No. -3.L: LL NO. 50073
I I I) D 630\/0\-05·2022
. ~ 1 57 '01·1>'· 2022
TIN; 937-3811 -973
 COPY FURNISHED:

MS. MARICHOU P. GARCIA

MS. JUVY R. MONTON
Pur~k 1· Kamomon, Sto. Tomas. Davao del Norte
Registry Receipt No. ; Date:_ _ __ __;

MR. MARWEN C. WALA-WALA

Purok 5-3, San Marcos, Tubod, Carmen. Davao del Norte
Registry Receipt No. · Date: _ _____.:

EXPLANATION: The filing and service of the foregoing Appeal

Memorandum is mode 1hroug h registered moil due to lock of ollice
personnel to effect its personal service.

ELO 0. OPALLA VII

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