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Republic of the Philippines

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. VI
Bacolod City
- oOo DANIEL DELA CRUZ III,
Complainant,
- versus -

NLRC RAB VI CASE NO.

_____

SHOW MY RIDE, INC/


CORNELIA BOKBOKOVA President,
THERESE SMASH, Human Resource Manager,
Respondents.
X----------------------------------------------------------X

POSITION PAPER FOR THE COMPLAINANT


COMES NOW the Complainant by the undersigned
counsel and unto this Honorable Office, most
respectfully submits her Position Paper and hereby
avers that:

PREFATORY STATEMENT

Consequently, the complainant filed the instant


complaint before this Honorable Office last November
20, 2015 specifically claiming salary differential from
May 2015 to October 2015.

STATEMENT OF FACTS
1. The complainant DANIEL DELA CRUZ III was hired by
Super Painters, Inc. effective March 10, 2014 for a twoyear employment contract as a car painter in Super
Painters Bacolod.
2. The employment contract stipulates in writing the
following agreements:
That the complainant shall be employed for 2 years
beginning March 2014 to March 2016.
That the complainant shall receive a monthly salary
of Php 10,000.00, exclusive of overtime pay.
That the complainant shall render a full eight hourshift from Mondays until Saturdays, between 8:00AM
until 5:00PM.
3. That between the months of March 2014 to April 2015,
regular payments of Php 10,000 were received by
complainant from Super Painters, Inc.
4. During the second quarter of 2015, Super Painters, Inc.
experienced an unexpected financial crisis which led
them to sell Super Painters Bacolod to Show My Ride,
Inc. effective April 2015.
5. An internal memorandum was sent last week of April
2015 to the employees of Super Painters, Inc., including
herein complainant, bearing the information regarding
the change of management which will take effect May
2015.

6. Beginning around first week of May 2015, more or less,


an employee's canteen was set-up inside the building of
Super Painters Bacolod. With this new change,
accompanying the change of management, meal stubs
(each worth Php 75.00) were given to the regular
employees by their Department Heads.
7. After receiving his first set of meal stubs for the month
of May 2015, herein complainant asked his Department
Head how to redeem the meals provided for by the
corporation, and the latter instructed the complainant
to present the same to the employee's canteen in

exchange of one full meal during lunch breaks. The


complainant then presented his meal stubs and in
returned received a full meal from the employee's
canteen.
8. When May 2015s payroll was released, complainant
was stunned when he only received Php 8,050.00, Php
1,950.00 short of his expected monthly salary. When he
asked his Department Head, he was informed that the
head of Human Resource shall set an appointment with
the employees of Super Painters Bacolod to discuss
some changes in their policies and internal regulations.
9. Five months had elapsed and the complainant realized
that he always received less than his monthly
compensation, specifically:

May 2015: Php 8,050.00 (Php 1,150.00 short)


June 2015: Php 8,050.00 (Php 1,150.00 short)
July 2015: Php 8,050.00 (Php 1,150.00 short)
August 2015: Php 8,050.00 (Php 1,150.00 short)
September 2015: Php 8,050.00 (Php 1,150.00 short)

10.
During the mentioned months, complainant never
failed to inquire from his Department Head about the
supposed-meeting of the Human Resource Manager
since he already has some questions about his payroll.
However, his Department Head could not give a definite
answer.
11.
During mid-September of 2015, complainant
cannot contain his dismay towards the new change in
internal management, so resorted to personally going
to the Human Resource Office and asked one HR
Personnel, in the name of Teresita Havey, about any
changes in payment schemes for employees.
12.
At first, Teresita hesitated to reveal any changes,
however,
after
persistent
demand
from
the
complainant, she revealed that Show My Ride, Inc.
decided to deduct the meal stub allowance to the
monthly salary of each employees. When asked by the
complainant when this was effective, Teresita
mentioned
that
the
same
became
effective
immediately after Show My Ride, Inc. assumed
management of Super Painters Bacolod.

13.
Appalled, the complainant then sent a written
demand, addressed to the Human Resource Manager,
asking her to return the deducted meal stub allowance
from the months of May 2015 to September 2015
because this was not discussed to the employees prior
and their consent was not obtained. However, his
demand was not acted upon.
14.
Complainant then decided to resign from his
employment on October 2015. Thereafter sought the
assistance of this Commission.
PROPOSED ISSUES TO BE RESOLVED
1.
2.

Whether or not complainant is underpaid.


Whether or not respondent complied with the minimum
wage rate.
DISCUSSION/ARGUMENTS

THE COMPLAINANT IS UNDERPAID


FOLLOWING THE ILLEGAL DEDUCTION
FOR VALUE OF MEALS
The original stipulations in the employment contract
between Super Painters, Inc. and Daniel Dela Cruz III
provided for a Php 10,000.00 monthly salary for a two-year
period. Converted into a daily rate of Php 328.77, such is
well within the scope of the minimum wage set by RTWPB
Region VI. However, upon the change of new management,
the agreed monthly salary was diminished by Php 1,950.00
and thus receiving only Php 8,050.00 monthly.
The managements reason that the deduction in his salary
was the employees were then provided with daily meals
which can be claimed at the company canteen is untenable.
Art. 113 of the Labor Code provides:
Wage deduction. No employer, in his own behalf or in
behalf of any person, shall make any deduction from
the wages of his employees, except:
(a) In cases where the worker is insured with his
consent by the employer, and the deduction is to

recompense the employer for the amount paid by him


as premium on the insurance;
(b) For union dues, in cases where the right of the
worker or his union to check-off has been recognized by
the employer or authorized in writing by the individual
worker concerned; and
(c) In cases where the employer is authorized by law or
regulations issued by the Secretary of Labor and
Employment.
Although existing jurisprudence has allowed the deduction of
the value of meals, such can only be done upon, voluntary
and written consent of the employee, which was not done in
the present case.
The case of SLL International Cables Specialist vs. NLRC (G.R.
No. 172161
March 2, 2011) is illustrative:
Moreover, before the value of facilities can be deducted
from the employees wages, the following requisites
must all be attendant: first, proof must be shown that
such facilities are customarily furnished by the trade;
second, the provision of deductible facilities must be
voluntarily accepted in writing by the employee;
and finally, facilities must be charged at reasonable
value. Mere availment is not sufficient to allow
deductions from employees wages.
(Emphasis
supplied)
These requirements, however, have not been met in
this case. SLL failed to present any company policy or
guideline showing that provisions for meals and lodging
were part of the employees salaries. It also failed to
provide proof of the employees written authorization,
much less show how they arrived at their valuations. At
any rate, it is not even clear whether private
respondents actually enjoyed said facilities.
THE RESPONDENTDID NOT COMPLY
WITH THE MINIMUM WAGE RATE
PROVIDED BY THE REGIONAL BOARD
Minimum wage legislation was enacted to adopt measures to

reduce the evils of the sweating system, the exploiting of


workers at wages so low as to be insufficient to meet their
bare cost of living, thus making their very helplessness the
occasion of a most injurious competition (West Coast Hotel
vs. Parish, 300 US 79)
Thus, since the passing of R.A. 602 (Minimum Wage Law) as
amended by PD 144 (Labor Code), compensation which is
less than the fixed minimum rate is considered an
underpayment that violates the law.
Art.99 of the Labor Code states:
Regional minimum wages. The minimum wage rates for
agricultural and non-agricultural employees and
workers in each and every region of the country shall
be those prescribed by the Regional Tripartite Wages
and Productivity Boards. (As amended by Section 3,
Republic Act No. 6727, June 9, 1989).
This provision recognizes that there are minimum wage rates
for agricultural and non-agricultural employees, and these
are determined by the respective regional wage boards.
The Complainant was underpaid during the last five months
of his employment with the respondent. As he was receiving
only Php 8,050.00 as monthly salary from May 2015
September 2015 his daily wage is computed to be Php
264.66 in 2015. The prescribed minimum wage rate of the
Regional Tripartite Wage and Productivity Board in Western
Visayasfrom May 2015 until date is Php 298.50 (Wage Order
No. RB VI-22, Effective May 2, 2015).
By giving dela Cruz Php 8,050.00 monthly from May 2015 to
September 2015 respondents failed to comply with the
employment contract and with the prescribed minimum
wage rate of RTWPB Region VI.
PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed of this Honorable Office that a decision in
this case be now rendered in favor of the complainant as
follows:

1. Ordering the respondents to pay the complainant his


salary differential of Php 9,750.00 for the months of
May 2015 to September 2015.
2. Such other reliefs just and equitable under the premises
are likewise prayed for.
Most Respectfully Submitted.
Bacolod City, Philippines. November20, 2015.

DANIEL DELA CRUZ III


Complainant
_______________________
_______________________

COPY FURNISHED:
ATTY. CZARINA LETECIA RUBICA
Counsel for the Respondents
3rd FloorABC Building
145Lacson St.,
Bacolod City
REPUBLIC OF THE PHILIPPINES )
CITY OF BACOLOD
) S.c.
X==========================X

VERIFICATION

I, DANIEL DELA CRUZ III, of legal age, Filipino and


a resident of Bacolod City, Philippines, after having been
duly sworn to in accordance with law, hereby depose and
say:

That I am the complainant in the above-captioned case.


That I have caused the preparation of the foregoing
Position Paper.
That I have read all the allegations made in the
said Position Paper and found them to be true and
correct of my own personal knowledge and belief and
based on authentic documents at hand.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this ____ day of November, 2015 at Bacolod
City, Philippines.

DANIEL DELA CRUZ III


Affiant

SUBSCRIBED AND SWORN to before me this ___ day


of November, 2015 at Bacolod City, Philippines the affiant
exhibiting to me her Community Tax Certificate No.
______________ issued at Bacolod City on _______________.

Doc. No.
Page No.
Book No.
Series of

_____;
_____;
_____;
2015.

Republic of the Philippines


Department of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. VI
Bacolod City
- oOo DANIEL DELA CRUZ III,
Complainant,
- versus -

NLRC RAB VI CASE NO.

_____

SHOW MY RIDE, INC/


CORNELIA BOKBOKOVA President,
THERESE SMASH, Human Resource Manager,
Respondents.
X----------------------------------------------------------X
COMPLAINT
Complainant, by counsel, respectfully states:

1. Name of Complainant: Daniel Dela Cruz III


Sex: M
Age: 33 y.o.
Status: S
Number of Complainant/s: (M) 1
(F) 0
2. Address: 123 Lacson St., Bacolod City, Philippines
3. Name of Respondent/s: Show My Ride, Inc.,
Cornelia Bokbokova, and
Therese Smash
4. Address: Super Painters Bacolod Building, corner Hilado
St., Circumferential Rd., Bacolod City
5. Owner: (x)
Bokbokova

Manager: (x)

President: ( x) Cornelia

6. Address: Super Painters Bacolod Building, corner Hilado


St., Circumferential Rd., Bacolod City
7. Nature of Business:
automobiles
Number of Workers: 50

Painting and Re-painting of

8. Date Employed: March 2014


Date Dismissed:
9. Nature of Work/Position: Painter
Work Schedule: 8 A.M.- 5 P.M.
10. Place of Work: Super Painters Bacolod Building, corner
Hilado St., Circumferential Rd., Bacolod City
11. Salary Rate: P10,000 per month
Frequency of Payment: 30 days
12. Are you a union member?
No (x)
Name of Union
Is there an existing CBA?
No (x)

Yes ( )
Yes ( )

13. Have you filed any similar case elsewhere?


( )
No (x)

Yes

CAUSE OF ACTION

RELIEF
Complainant/s pray/s for the following:
Salary differential of Php 9,750.00 for the months of May
2015 to September 2015.
Payment of (Specify):
Salary differential of Php 9,750.00 for the months of May
2015 to September 2015.
Other reliefs just and equitable under the premises are
likewise prayed for.
Done in Bacolod City this 20th day of November, 2015.

DANIEL DELA CRUZ III


Complainant/s
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, THE UNDERSIGNED COMPLAINANT being duly sworn


to in accordance with law, hereby depose and state that: I
am the complainant in the above entitled case; that I have
caused the preparation of the foregoing complaint; I have
read all the contents hereof and declare the same to be true
and to the best of my own personal knowledge and belief.
This is to certify that I have not commenced any other
action or complaint involving the same issues in the
Supreme Court, Court of Appeals or different Divisions
thereof of any court or tribunal or agency, and that to the
best of my knowledge, no such action or proceeding is
pending therein; that if I should thereafter learn that a
similar action has been filed or pending therein, I shall
report that fact within five (5) days therefrom to the Court or
Agency wherein the original pleading and sworn
certifications contemplated have been filed in compliance
with the Supreme Court Administrative Circular No. 04-94.

DANIEL DELA CRUZ III


Complainant/s
SUBSCRIBED AND SWORN , to before me this ____ day of
November, 2015 in the City of Bacolod, Philippines, the
affiant exhibiting to me her Comm. Tax Cert. No.
_____________ issued at Bacolod City on __________________.
Doc. No. _____
Page No. ____
Book No. ____
Series of 2009.