This is a complaint for ILLEGAL DISMISSAL, NON PAYMENT OF OVERTIME PAY,

PREMIUM PAY FOR HOLIDAY, REST DAY PAY, VACATION AND SICK LEAVE PAY,
13TH MONTH PAY FOR 2013, SALARY and 13th MONTH PAY DIFFERENTIALS and
MORAL AND EXEMPLARY DAMAGES against herein respondent WILKRIS APPLIANCE
CORP. (WILKRIS for brevity) and/or RHODA BLANCA C. TAGALOG, General
Manager/Owner.
FACTS OF THE CASE:
Arnel R. Lacquio (LACQUIO, for brevity) was employed with WILKRIS on August 18,
2003. Prior to the illegal termination of Lacquio, he was designated Branch Manager of
WILKRIS at its Gen. Luna corner Osmeña Streets, Dipolog City and was paid a monthly
salary of P11,067.94.
Sometime in the month of December, 2012, a modus operandi similar to the
syndicated estafa committed against several investors in Pagadian City and in Marawi City
took place at Dipolog City under a different scheme, that is, the fraud was directed against
several marketing/appliance dealers in the City.
In the case of LACQUIO, a matron visited the store supervised by LACQUIO
sometime on December 6, 2012 who acted as a customer. She was later identified as a
certain “IRENE CALICA”. She intimated at first to a WILKRIS sales staff that she was
interested in purchasing video-box system from the store and inquired if check payment was
acceptable. Calica, who pretended to be a prospective customer was referred to LACQUIO
and was told that check payment is not acceptable as company policy. She was further told
that if she desired to purchase on credit, it is required that at least 50% cash payment of the
purchase price be made. Irene Calica promised she will be back when their expected
foreign investor had already remitted investment fund through the Philippine National Bank,
Dipolog Branch.
Expecting that Calica to be a potential client, LACQUIO, conducted a credit
investigation on Irene Calica and the business entity she was representing. The credit
investigation showed that Irene Calica represented a General Merchandize establishment
with a duly issued a business permit.
On December 22, 2012, a Saturday, while several shoppers were being entertained
at WILKRIS being Christmas season, Irene Calica returned to the store and informed one of
the sales-staff to prepare three (3) units of Video-box machines. The sales-staff immediately
referred Calica to LACQUIO to be attended to. When the items to be purchased was
already prepared and ready for delivery to Calica, to LACQUIO’s surprise, the customer
presented to him a PNB Check No. 0702249 dated on the same day, December 22, 2012,
payable to CASH in the amount of P144,073.00, which amount corresponded to the
purchase price of the three (3) units of VIDEO-box machines. (Hereto attached and marked
as Annex “A”)
When LACQUIO showed hesitation in accepting the PNB check payment, Irene
Calica employed persuasive, if not hypnotic, conversation with LACQUIO about the foreign
remittance that was allegedly already on deposit with PNB-Dipolog Branch and which was
the reason she returned to the store to finally make the purchases.
LACQUIO, in his eager desire to close a substantial amount of business transaction
and upon noting that the check was payable to “CASH” and that he could just immediately
inquire from the bank if it was a good check accepted it the three (3) video-box machines
was delivered to Calica to a waiting pick-up truck. Unfortunately, out of eagerness for a
substantial sale, LACQUIO overlooked that it was a Saturday, and the bank was therefore
closed on that day.
So it was only the following Monday that LACQUIO learned upon inquiry from PNB
that the check issued by Irene Calica was worthless as the account was already closed. Not
only was the checking account with PNB already closed, the building occupied by the
General Merchandize represented by Irene Calica was already pad-locked and abandoned
with nothing from the said store that can be recovered.
Eventually, LACQUIO, also learned that it was not only WILKRIS that was victimized
by the group of Irene Calica but also several appliances and marketing stores owned by
some prominent individuals of Dipolog and Dapitan Cities as evidenced by the certification
issued by the National Bureau of Investigation, Dipolog District Office dated February 7,
2013 hereto attached and marked as Annex “B” and the Report prepared by a certain SPO3
Roel Talaid, Investigator On-case dated February 6, 2013 marked as Annex “C”)
On December 28, 2012, WILKRIS sent Lacquio a memorandum through the internet
requiring him to explain the release of three (3) units of VIDEOBOX on December 22, 2012,
without a down payment. LACQUIO made his reply dated January 3, 2013.
Subsequently, memoranda dated January 9, 2003 and January 12, 2013 were also
issued by WILKRIS to LACQUIO followed by a Notice of Hearing/Formal Investigation
issued on January 15, 2013.
Meantime, LACQUIO instituted a criminal complaint for ESTAFA against Irene
Calica, Hazel Gamboa Fabian, George Arellano and Ed Arevalo, presently docketed as
Crim. Case No. 18159 before the Regional Trial Court of Dipolog City as evidenced by an
Order dated March 18, 2013 issued by Presiding Judge Victoriano DL. Lacaya, Jr. hereto
attached and marked as Annex “D”.
On January 24, 2013, WILKRIS issued a Post Investigation Findings with information
of the termination of LACQUIO. Aggrieved LACQUIO instituted the instant complaint
particularly for illegal dismissal.
INSTRUCTION:
VISIT NLRC SUB-RAB 9 AT SECOND GATE ANDRES BONIFACIO COLLEGE AND
ASK ANY POSITION PAPER AND DECISION FOR FORMAT

TO BE SUBMITTED AS YOUR FINAL EXAM