BERNARD ONG
Respondent.
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POSITION PAPER
I
PRELIMINARY STATEMENT
Under the 1987 Constitution in the Chapter on State Policies, the following
provisions are explicitly stated:
Section 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
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Complainants petition and cause of action against herein respondent are devoid
of any merit both in fact and in law, hence, the said causes of action are unfounded and
frivolous, and necessarily must fail.
THE CASE
THE PARTIES
STATEMENT OF FACTS
6. The Kapisanan ng mga Highly Skilled Workers of the Philippines filed a petition
objecting his employment, hence this case at bar.
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ISSUES
1. Whether or not the petition objecting the employment of Bernard Ong is valid.
2. Whether or not Bernard Ong need first to secure an alien working permit before
he is allowed to work a San Miguel Corporation.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
As to Issue No.2, the need to secure an alien working permit before he shall
allowed to work a San Miguel Corporation.
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[1] Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
The Philippines adhere to the principle of jus sanguinis or the right of blood. It is
that legal principle that, at birth, an individual acquires the nationality of his/her natural
parent/s.
In the case at bar, Bernard Ong is born of a Filipino mother, thus by the
expressed above-quoted provision and the clear adherence of the Philippines to the
principle of jus sanguinis, he clearly is a Filipino citizen and not an alien or a foreign
national.
The Department Order No. 97-09 Series of 2009 issued by the Department of
Labor and Employment in Section 1 of the said order stated that as to its coverage, All
foreign nationals who intended to engage in gainful employment in the Philippines
shall apply for Alien Employment Permit (AEP).
Applying the premise laid in the preceding above statement, Ong is a Filipino
citizen and therefore not mandated by law to acquire or secure an alien working
permit before he can be employed.
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PRAYER
RESPECTFULLY SUBMITTED.
Copy furnished:
The Complainants
VERIFICATION
I, BERNARD ONG, Filipino, of legal age, residing at 888 Tomas Morato Ave.,
Quezon City, after having been duly sworn to in accordance with law, depose and state:
I have cause the preparation of the foregoing Position Paper and I have read the
same and the contents of which are true and correct of my knowledge and/or on the
basis of authentic documents.
I have not filed any other cause of action involving the same set of facts, parties
or the sane relief as the foregoing in any court, tribunal and/or before any quasi-judicial
bodies or administrative agencies and in the event I should learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, Court of Appeals, or
the different Divisions thereof, the Regional Trial Court, or any other judicial tribunal or
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agency in the Philippines, I undertake to inform this Honorable Arbiter and such other
tribunal or agency of that fact five (5) days therefrom.
In witness whereof, I hereunto affix my signature on the date and place
mentioned in the jurat.
BERNARD ONG
Affiant
PRC ID No. 8765432
Manila/07-13- 2014
Reshyl A. Badajos
Attorneys Roll No. 98765
IBP No. 36475/3-13-12/Quezon City
PTR No. 7661437/3-12-17/Quezon City
MCLE Comp. Cert. No. III-0004321
555 Visayas Avenue, Quezon City
EXPLANATION
Copy of this position paper was sent by registered mail to adverse party, instead
of personal service as required by the rules, because of lack of personnel on the part of
the undersigned counsel to effect such personal service.
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