Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City

MA. SHIELITO G. PAMIL,

JAIME BOMBOHAY CERNECHEZ,
Complainant,

-versus- NLRC NCR CASE NO. 12-18162-12

IOPEX TECHNOLOGY INC.

MANOJ VICTOR (HR DIRECTOR)
MOIRA PACIS (HR MANAGER)
BIANCA BELANDRES (TRAINOR);
Respondents.
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REPLY
COMPLAINANTS MA. SHIELITO G. PAMIL and JAIME BOMBOHAY
CERNECHEZ, through counsel, unto the Honorable Office, most respectfully
submits this Position Paper and in support thereof, avers as follows:

In their Position Paper, the respondents alleged that

6. On the fourth quarter of 2012, however, they not only failed

to meet the goal requirements, but also their performance and output were
dismal. Accordingly, they were not paid anything. (Page 2 thereof)

Such BARE ALLEGATIONS are clearly bereft of any merit. To reiterate,

the complainants are clearly ENTITLED to such bonuses. The “goal
requirements” were attained by the complainants for the last quarter of 2012, as
clearly evidenced by the respondents own appraisal or “matrix” of the
performance evaluation of complainants. (See ANNEXES C & D and series).

However, in spite of having ATTAINED the aforesaid goals, complainants

were not given the performance bonuses by the respondents. Repeated requests
for an explanation were sent to the respondents by complainant Cernechez as to
why the bonuses were not being paid the employees. (see ANNEX D and series).
Said requests were denied or ignored by the respondents, forcing the
complainants to file the present case against them.

The rule is settled that any benefit and supplement being enjoyed by the
employees cannot be reduced, diminished, discontinued or eliminated by the
employer. The principle of non-diminution of benefits is founded on the
constitutional mandate to protect the rights of workers and to promote their

1
welfare and to afford labor full protection. (Arco Metal Products Co., Inc. v.
Samahan Ng Mga Manggagawa Sa Arco Metal-NAFLU, G.R. No. 170734, May
14, 2008, 554 SCRA 110)

In the instant case, as clearly stated in the aforesaid employment contracts

and as evidenced by the complainants’ performance evaluation for the last quarter
of 2012 (Annexes C & D), herein complainants are ENTITLED to the quarterly
performance bonuses of P2,000.00 per month.

The argument advanced by the respondents in their Position Paper that

“the demand for payment of the quarterly bonus is baseless because it is not
demandable nor enforceable” cannot be given weight in view of the long-settled
principle of non-diminution of benefits as enshrined in our laws.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Office to render judgment in favor of the complainant and against the
respondents as outlined in the complaint and their Position Paper.

Other just and equitable remedies are likewise prayed for.

Quezon City, April 25, 2013.

ATTY. PEARLITO B. CAMPANILLA

Suite B 2nd Floor Overland Park Bldg.,
No. 245 Banawe St. cor. Quezon Ave., Q.C
PTR 772308 01-18-13 QC
IBP Life 010564 2-3-12 Pasig City
Roll No. 37522
MCLE Compliance No. III - 0015235

Copy Furnished:
IOPEX TECHNOLOGY INC. / MANOJ VICTOR (HR DIRECTOR)
MOIRA PACIS (HR MANAGER) / BIANCA BELANDRES (TRAINOR)
12F Net Lima Bldg., 5th Ave. cor. 27th St., BGC, Taguig