Anda di halaman 1dari 6

REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMISSION
NATIONAL CAPITAL REGION
ARBITRATION BRANCH
Quezon City

KAPISANAN NG MGA HIGHLY SKILLED


EMPLOYEES OF THE PHILIPPINES;
Complainant,

- Versus NLRC NCR Case No: 00-0000-02

BERNARD ONG
Respondent.

X-----------------------------X

POSITION PAPER

RESPONDENT, by the undersigned counsel and unto this Honorable Labor


Arbiter Office, most respectfully submits this position paper and avers the following to
wit:

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.

Page 1 of 6
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

This is a petition objecting the employment of respondent BERNARD ONG filed


by the complainant association KAPISANAN NG MGA HIGHLY SKILLED
EMPLOYEES OF THE PHILIPPINES .

THE PARTIES

COMPLAINANT, KAPISANAN NG MGA HIGHLY SKILLED EMPLOYEES OF


THE PHILIPPINES, is an association of workers, with a central office address of 123
Kamuning, Quezon City where they may be served with summons and other legal
processes of this Honorable Office.

RESPONDENT, BERNARD ONG is of legal age, Filipino Citizen, and is residing


at 888 Tomas Morato Ave, Quezon City. Moreover, complainant is being represented by
Cabiguen Law Office with office address at No. 17 Bright Building, Mindanao Ave.
Quezon City

STATEMENT OF FACTS

1. Respondent Bernard Ong was born in Beijing, China.

2. His mother is a Filipina, his father is Chinese.

3. He grew up to be a scholar, at the age of 21, he was sought after by so many


companies because of his being intelligent.

4. San Miguel Corp hired Bernard to head its Technical Division.

5. According to the complainant association, Bernard must first secure an alien


working permit before he is allowed to work a San Miguel Corporation.

6. The Kapisanan ng mga Highly Skilled Workers of the Philippines filed a petition
objecting his employment, hence this case at bar.

Page 2 of 6
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.

ARGUMENTS AND DISCUSSION

As to Issue No.1, the validity of objecting the employment of respondent Ong.


Pursuant to the written supreme law of the land, the Constitution, in
several embodied provisions upheld the protection, promotion, security and welfare of
the people and its citizens in terms of labor and employment. Among the Constitional
provisions protecting Bernard Ongs employment are the following:

In the State Policies:


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.

In Article XIII: LABOR


Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and equality
of employment opportunities for all.

As to Issue No.2, the need to secure an alien working permit before he shall
allowed to work a San Miguel Corporation.

The Constitution clearly and unequivocally provided as well in Article IV Section 1


who are the citizens of the Philippines and stated that:

The following are citizens of the Philippines:

Page 3 of 6
[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

[4] Those who are naturalized in accordance with law.

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 Philippine Immigration Act of 1940 or Commonwealth Act 613, as amended,


Section 50, paragraph (b) states that The term alien means any person not a
citizen of the Philippines.

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.

Page 4 of 6
PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this


Honorable Labor Arbiter, that the case be dismissed for lack of cause of action.

RESPECTFULLY SUBMITTED.

Quezon City, June 30, 2017.

CABIGUEN LAW OFFICE


No. 17 Bright Building, Mindanao Ave. Quezon City
Tel No. (02) 143-4400

Atty. Cayen Cervancia Cabiguen


Counsel for the Respondent
Roll No. 061793; 03/17/2010
IBP No. 534585; 02/10/2013-Quezon City
PTR No. 64936; 02/10/2017- Quezon City
MCLE Compliance No. 5-321; 05/15/17

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

Page 5 of 6
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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 30 th


day of June 2017, in the City of Quezon, Philippines.

BERNARD ONG
Affiant
PRC ID No. 8765432
Manila/07-13- 2014

SUBSCRIBED AND SWORN to before me this 30th day of June 2017, in


the City of Quezon, Philippines. Affiant exhibited to me his PRC ID above-written.

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

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2017.

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.

ATTY. CAYEN CERVANCIA CABIGUEN

Page 6 of 6

Anda mungkin juga menyukai