KATAPATAN EMPLOYEES
UNION, PROCOPIO DELA CRUZ,
As Union President, ET. AL.,
Respondents.
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COMPLAINT-AFFIDAVIT
That I, NICOLE ELNAR, of legal age, married, Filipino, and a resident of 123 F.
Llamas Street, Punta Princesa, Cebu City, after having been duly sworn to according to
law hereby depose and say:
1.) That I am the owner of The Big 5 Company, a corporation organized and existing
under and by virtue of the laws of the Republic of the Philippines, with business address
at Jones Avenue, Cebu City. I am executing this affidavit in behalf of The Big 5 Company
being the Complainant herein;
2.) That in behalf of the said Company, as per Corporate Secretary’s Certificate dated
February 23, 2018, attached hereto as Annex “A”, I am filing a formal complaint for Illegal
Strike against the Katapatan Employees’ Union officers and members who knowingly
participated therein;
3.) That on or about 8 o’clock in the Morning of February 02, 2018, the Respondents
started gathering in the designated area where the Strike was allowed to be held;
4.) That on the aforementioned time and onward, the Strikers were seen and
photographed marching to and fro near the gate of the Company enough to block and
intimidate the non-strikers from entering the Company premises. Original copies of the
said photographs are hereto attached as Annex “B” hereof;
5.) That aside from blocking the egress and the ingress of the Company, a reported
incident was also committed by the Union President to the HR Manager of the Company;
6.) That I am executing this affidavit for and in behalf of The Big 5 Company, being the
owner thereof, to file a formal complaint for ILLEGAL STRIKE against the Katapatan
Union officers and members who knowingly and directly participated in the said Strike.
SUBSCRIBED AND SWORN to before me this 1st day of March, 2018 at Cebu
City. I HEREBY CERTIFY that I have personally examined the herein affiant and I am
satisfied that he voluntarily executed and understood his given affidavit.
PHILIPP I. NEZ
Prosecution Attorney II