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REPLY
(To Respondents-Appellants’ Memorandum of Appeal)
I.
PRELIMINARY STATEMENT
1.3 Under the 2011 NLRC Rules of Procedure, the Appellee may
file with the Regional Arbitration Branch or Regional Office where
the appeal was filed his/her answer or reply to appellant's
memorandum of appeal, not later than ten (10) calendar days from
receipt thereof.
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1.4 That the tenth day for herein Appellee to file his Reply to
Appellant’s Memorandum of Appeal falls on 01 November 2018.
Considering that 01 November 2018 and 02 November 2018 are
special non-working days, while 03 November 2018 and 04
November 2018 falls on the weekend, Appellee has until 05
November 2018 to file his reply to appellant's memorandum of
appeal. Thus, Appellee respectfully submits herewith this Reply to
Respondents-Appellants’ Memorandum of Appeal within the
reglementary period.
II.
STATEMENT OF FACTS
III.
SUBMISSIONS
3.1 The Honorable Labor Arbiter correctly ruled that the Appellee
was illegally dismissed; as supported by law, settled jurisprudence
and evidence on record.
IV.
DISCUSSIONS
A.
The Honorable Labor Arbiter correctly ruled that the Appellee was
illegally dismissed; as supported by law, settled jurisprudence and
evidence on record.
4.6 In the said case, the validity of the resignation was sustained
because a) The testimonies of other employees corroborated the employee’s
verbal resignation, b) the employee started to process his clearances, and c)
the employee failed to present evidence to dispute the credibility of the
witnesses against him.
1 Zenaida D. Mendoza vs HMS Credit Corporation, et al, GR No. 187232, 17 April 2013.
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4.13 The following are the just causes for dismissal provided
under the Labor Code:
(b) Redundancy.
(e) Disease.4
5 Distribution & Control Products Inc vs Santos, GR No. 212616, 10 July 2017.
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B.
6 G.R. No. 185829, April 25, 2012, 671 SCRA 186, 209.
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4.35 Hence, both under the Labor Code and Article 2208 of the
Civil Code, it is sufficient that the employee was forced to litigate
thereby incurring expenses to protect his rights and interests in order
to entitle him to the award of attorney’s fees. Following this, the
Appellee’s entitlement to the award of attorney’s fees is
unquestionable.
V.
PRAYER
Other reliefs which are just and equitable are likewise prayed for.
05 November 2018
Marikina City for Quezon City
By:
EXPLANATION
(Re: Service by registered mail)
Copy furnished: