Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch No. VII
Cebu City

Maureo D. Libunao,
Complainant,
NLRC
Case No. RAB-VII 03-8952-2018

-versus-

Balezza Industry Inc. and/or Jaime P. Balleza,

Respondent,

X--------------------------------------------------------------X

POSITION PAPER

Complainant, Maureo D. Libunao through undersigned counsel, unto this Honorable

Office, most respectfully submit this Position Paper, and state that:

I
PRELIMINARY STATEMENT

The complainant, with the highest respect for this Honorable Arbitrary Court, contends
that the complaint filed by him i with this respected Court, in the CASE NO. 03-0985265-19,
against the respondent, is meritorious, in fact and in law, which is contradictory to the
respondent’s answer to the said instituted case. Hence, the said cause of action by the
complainant is sensible and well-founded, therefore, must prosper.

II
THE PARTIES

Complainant, Maureo D. Libunao, 34, an employee of Balleza Industry Inc., one of its
Team Leaders, and the respondent of the incident report recorded as Blotter No. 634, at Police
Station 5, Cebu IT Park, Jose Maria del Mar St., Cebu City.

Respondent , Jaime P. Balleza, 43, Supervisor of Balleza Industries Inc., one of the
co-owners of the said company, and brother of the aggrieved party, Harisson Balleza, of the
reported incident on December 20, 2018, recorded as Blotter No. 634, at Police Station 5, Cebu
IT Park, Jose Maria del Mar St., Cebu City.

III
STATEMENT OF FACTS

On December 27, 2018, the complainant instituted an action for illegal dismissal by the
respondent, recorded as CASE NO. 03-0985265-19. The dismissal was mainly caused by an
incident happened on December 20, 2018. The incident was between the brother of the
respondent, Jaime Balleza, whom an officer and one of the co-owners of Balleza Industry Inc.,
and the complainant herein. The primary cause of this action is the establishment of illegal
dismissal and to contend that the respondent’s position, that the dismissal was just and legal
according to Article 282, (d), of Labor Code, is unmeritorious. With this, the complainant argues
that though the company furnished him a Notice to Explain, it was not sufficient as to comply
with due process as a prerequisite of termination.
The complainant, herein, as to justify his side, with the highest regard to this Honorable
Labor Arbitration, lay down his arguments as to establish that his dismissal is of no merit, and
that he was illegally dismissed by the respondent.
Maureo Libunao, the complainant, is one of the Team Managers under the direct
supervision of one of the co-owners of Balleza Industry Inc., Harisson Balleza, brother of the
respondent, and the Officer-in-Charge of the said company.

ce, the said cause of action is sensible and founded, therefore, must prosper.

II
THE PARTIES

Complainant, Maureo D. Libunao, 34, an employee of Balleza Industry Inc., one of its
Team Leaders, and the respondent of the incident report recorded as Blotter No. 634, at Police
Station 5, Cebu IT Park, Jose Maria del Mar St., Cebu City.

Respondent , Jaime P. Balleza, 43, Supervisor of Balleza Industries Inc., one of the
co-owners of the said company, and brother of the aggrieved party, Harisson Balleza, of the
reported incident on December 20, 2018, recorded as Blotter No. 634, at Police Station 5, Cebu
IT Park, Jose Maria del Mar St., Cebu City.

e co-owners of Balleza Industry Inc. The primary cause of this action is the establishment illegal
dismissal and whom suffered temporary amnesia because of the incident, legally basing the
action in Article 282, (d), of Labor Code. With this, the respondent was dismissed from the
company after the furnished Notice to Explain was unanswered because of considerable
reason.
 The respondent herein, as to justify his side, with the highest regard to this Honorable
Labor Arbitration, lay down his arguments as to establish that the cause of action is of no merit,
that he was illegally dismissed by the complainant.
Maureo Libunao, the respondent, is one of the Team Managers under the direct
supervision of Harisson Balleza, Officer-in-Charge of Balleza Industries Inc., and one of the
co-owners of the said company.

On December 20, 2018, as the company is having their Christmas Party, the team of
Maureo noticed that the lights and sounds was not that of quality and that it had a few technical
errors during the program. Being the head of the production staff, Harisson was the one who
was assigned to chose the event suppliers and technical team.

As the party went on, Harisson approached tables as to congratulate each team for a job
well done. When he joined the table of Maureo's team, Maureo then opened up regarding their
technical difficulty during their presentation and suggested a “more reliable” suppliers and
technical team, that he know of, for the next year's Christmas Party. Somewhat insulted by the
comment of Maureo, Harisson started to blurt out arguments that escalated the situation. To
make things worse, he started to demean Maureo's ability to lead his team and that he often
times cannot be able to meet quotas. According to witnesses, Maureo kept on pacifying
Harisson that his comments and suggestions were not intended to insult him. But because
Harisson have had few drinks already that deprived him of judgement, he started to throw
punches at Maureo. On the other hand, Maureo, due to human natural instinct, fought back.

Upon seeing the escalating commotion, their colleagues tried stop the brawl yet the two
continued until Harisson cannot stand up anymore due to intoxication and exhaustion. He
sustained bruises in the face due to punches and a lump at the side of his head which was
because of the forceful impact when he fell down. Harrison was rushed by his brother, Alberto
Balleza to the hospital for he didn't regain consciousness when they tried to wake him up.
Maureo also sustained swollen upper lip and bruises in his torso.
Within a few minutes after the altercation, police officers arrived and invited the Maureo's and
the witnesses to the precinct as to make a report.

On December 22, 2018, Jaime Balleza, the brother of Harrison, co-owner, and the
Supervisor of Balleza Industries Inc., furnished Maureo a Notice to Explain regarding the
incident on December 20, 2018, that was supposed to be answered within 48 hours. Due to
sustained injuries, Maureo was also admitted in the hospital for three days and wasn't able to
report to work, the reason why he wasn't able to answer the said notice.

On December 23, 2018, Harrison finally gained his consciousness but the doctors found out
that he is suffering from temporary amnesia due to strong head impact when he fell down the
night of December 20. Hence, Jamie Balleza, finally furnished Maureo Libunao Notice of
Termination and filed a complaint against him.
IV

ISSUES

A. Whether or not the cause of action by complainant, legally basing Article 282, (d) of the
Labor Code, commission of the crime or offense by an employee against the person of the
employer or any immediate member of his family or his duly authorized representative, is
meritorious.
B. Whether or not Maureo was illegally dismissed.

V
DISCUSSION/ARGUMENT

A. Cause of action is unmeritorious.

Jaime Balleza’s action did not constitute a crime or offense by an employee against the
person of the employer or any immediate member of his family or his duly authorized
representative. The respondent’s actions constitutes an act of Self-Defense; for self-defense to
be appreciated, the following elements must be present:
a. Unlawful aggression on the part of the victim;
b. Reasonable necessity of the means employed to prevent or repel it;
c. Lack of sufficient provocation on the part of the person defending himself;
As previously stated, Harrison Balleza who approached the tables and accosted Maureo
Libunao; Harrison Balleza, having been under the influence of alcohol, became a violent
aggressor towards Maureo and their co-employees and hurled violent attacks towards Maureo
Libunao, this being sufficient for him to employ self-defense. There is reasonable necessity for
Maureo Libunao to repel such attack for the purposes of self-preservation.

B. Respondent was illegally dismissed.

Maureo Libunao was illegally dismissed. While the procedural requisites were complied
with, Balleza Industry Inc. failed to comply with the jurisprudential guidelines that misconduct
warranting dismissal
a. Must be serious;
b. Must relate to the performance of the employees duties;
c. Must show that the employee has become unfit to continue working for the employer.
The penalty of dismissal imposed by Balleza Industry Inc. was too harsh and evidently
disproportionate on the act committed.
PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Office

to dismiss the instant complaint for utter lack of merit.
Other reliefs just and equitable under the premises are likewise prayed for.
Respectfully submitted. Cebu City, Philippines, January 09, 2019.

Jaimie Paz Abigael Opinion-Ang

Attorney’s Roll No. 30339
IBP No. 876490
Devie Marie Povadora
Attorney’s Roll No. 30335
IBP No. 875829
Counsels For Respondent
Ang & Povadora Law Office, Maghaway, Talisay City, Cebu