Republic of the Philippines
Department of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. III
City of San Fernando, Pampanga
RONALDO R. GNILO,
Complainant,
-versus- NLRC CASE NO. RAB III-02-00103-23
DLX BAGS PHILS. INC,
MS. PAMELA O. AQUINO
ASST. GENERAL MANAGER
Respondents.
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REPLY
(for the Complainant)
Complainant, by Himself, unto this Honorable Office, most respectfully
submits this Reply, and in support thereof states:
1. The parties submitted their respective position papers.
2. In the Position Paper of the Management, they reasoned out that the
being unvaccinated and the waiver signed by the Complainant that place
him in FORCE LEAVED status, A SELF-SERVING DEFENSE to make it
convincing and use as legal passes in so called FLOATING STATUS OF
EMPLOYEE.
3. Complainant is not in a denial that he signed that so called
“WAIVER” (ANNEX 1) on 16 December 2021, complainant was being forced
by the respondent to signed it, he was threatened by the respondent that he
will be AWOL if refuses, attached herewith photo picture of the conversation
of HR staff (TINE CAYABYAB ORCENA) and the complainant that another
waiver is required to him per [PAM AQUINO] and it should appear that he is
willing to be place in force leave, this marked as “ANNEX A”.
4. Also respondent is the one who instructed the complainant to file his
leave from December 14 2021 to January 3, 2022 if he will not apply for a
leave, he will be AWOL per respondent instead of just allowing him to return
to work without discrimination.
5. As evidence of bad faith of the respondent, complainant executed
his notarized “AFFIDAVIT OF OBJECTION ON COVID VACCINE” [that
manifest of his interest to work at that time,] dated October 12, 2021 but
respondent just put a note on it that they need to still follow IATF rules, this
marked as “ANNEX B”.
6. Lastly, Complainant emphasizes that it is a horn-book doctrine that
the courts in deciding cases between labor and employer, they should be
guided by the time-honored principle that if doubt exists between the
evidence presented by the employer and the employee, the scales of justice
must be tilted in favor of the latter. The rule in controversies between a
laborer and his master distinctly states that doubts reasonably arising from
the evidence, or in the interpretation of agreements and writing, should be
resolved in the former’s favor
7. We hope that this Honorable Office will take the cudgel of justice for
the Illegally/Constructively dismissed complainant.
PRAYER
WHEREFORE, premises considered, it is hereby respectfully prayed
that the foregoing Reply to Respondents’ Position Paper be given due
credence and consideration and the reliefs prayed for by the Complainant in
his Position Paper be accordingly granted.
Other relief just and equitable are likewise prayed for under the
circumstances.
Mariveles, Bataan for City of San Fernando, Pampanga, 29 June, 2023.
_______________________________________________________
RONALDO R. GNILO
Complainant
COMELEC ID VIN: 0807 - 0091A - G2090RRG10000
COPY FURNISHED
DLX BAGS PHILS. INC, MS. PAMELA O.
AQUINO
ASST. GENERAL MANAGER
Freeport Area of Bataan, Mariveles, Bataan
“ANNEX A”
“ANNEX B”
“ANNEX A”
