TABLE OF CONTENTS

DESCRIPTION
PAGE
I. Case Work 1

Legal Opinion Writing of LUKAPA, Inc. Case 1-5

II. Case Work 2
a) Position Paper for Juan Dela Cruz
b) Position Paper for the Company (Lugod Makers)
c) Affidavit of Complaint for Qualified Theft against Juan Dela Cruz
to be filed at the Prosecutor’s Office

III. Interview with the lawyers

a) Atty. Arnel R. Patatag
b) Atty. Junrie C. Bragat

IV. Essay

My ideal area of legal practice after taking the Bar

 I- CASE WORK 2
A. POSITION PAPER OF LUGOD MAKERS

REPUBLIC OF THE PHILIPPINES

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. VII
Cebu city

JUAN DELA CRUZ

Complainant RAB VII Case No. 01-0003-11
-versus-
LUGOD MAKERS
Respondent
x----------------------------------------x

POSITION PAPER
RESPONDENT by the undersigned counsel and unto this Honorable Labor
Arbitration Office, most respectfully submits this position paper and avers
the following to wit:
PREFERATORY STATEMENT
The Complainant in this case is JUAN DELA CRUZ, of legal age, married,
with post office address at Tres de Abril St., Labangon, Cebu City where he
could be served with summons and other legal processes of this Honorable
Office.

The Respondent is LUGOD MAKERS, a business establishment owned by

Pedro Pindoko, with postal address of Calvary Hills, Apas, Cebu City where
the said representative could be served with summons and other legal
processes of this Honorable Office.
 STATEMENT OF FACTS
The Complainant was formerly an employee of Lugod Makers since July
2003. His salary is Php150 per day. During that time he was employed there
were several things missing in the company premises and he was always the
prime suspect. On August 1, 2007, Complainant was asked to buy some
items in the local hardware where he surrendered a tampered looking
receipt amounting to Php3,000 to his boss. He was asked about why the
receipt looks tampered but he never answered back to render an
explanation hence the owner got mad and told Complainant to never show
his face again. On September 3,2007 Complainant was asked to return to
work via a “return to work order”. When complainant returned to work he
was given a “Notice of investigation” asking him to appear in a formal
investigation and return the tampered receipt. After a brief argument with
the owner the complainant did not return to work and filed a labor case
against Lugod Makers on December 3,2007.
ISSUE
Whether or not the complainant was illegally dismissed.

COMPLAINANT WAS NOT ILLEGALLY DISMISSED.

The Complainant is not illegally dismissed for Pedro Pindoko, owner of Lugod
Maker issued an “return to work order” on Septermber 3,2007. Upon returning
to work employer afforded the employee an opportunity to be heard regarding
the issue by giving him a “Notice of Investigation”. Instead of clearing his name
Complainant resulted to arguing with the employer and left without notice. Nor
did the Complainant show up in the investigation for procedural due process to
take place.
Clearly employer has legal grounds in terminating employment of the
Complainant. Complainant was guilty of serious misconduct for he has argued
with the employer and wilfully kept silent when confronted on the issue
regarding the tampered receipt. Complainant is also guilty of wilful disobedience
for he wilfully ignored the “Notice of Investigation” and he failed to return to
the employer the receipt in the issue. Complainant was also guilty of breach of
trust by presenting a tampered receipt to the employer.
 Procedural due process was afforded to the Complainant when employer
issued a “return to work order” and “Notice of Investigation”.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Labor Arbiter, that decision be rendered to wit:
1. Declaring the termination of the herein Complainant as legal.
2. Ordering Complainant to pay for the Attorney’s fees to the Respondent.

Other reliefs just and equitable under the premises are also prayed for.

RESPECTFULLY SUBMITTED.
Cebu City, December 5, 2007.
Atty. Jayson F. Arandia
(Counsel for the Respondent)
Cebu city
Roll of Attorney’s No. 6586
IBP No. 68792
MCLE Compliance No. III -0923597
Copy Furnished: (By registered mail)
Atty. Julia Morte
Counsel of Complainant
Room 1 ABC Building, Colon St.
Cebu City