REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR AND RELATIONS COMMISSION
Quezon City

CECILIO DEL VALLE BELLEN JR.,

Complainant;

-versus- NLRC NCR CASE NO. 10-00729-19

FASTEL SERVICES, INC. / ET AL.,

Respondents.
x----------------------------------------------------------x

POSITION PAPER
(For the Respondent)

Respondents FASTEL SERVICES, INC., through counsel and

unto this Honorable Office most respectfully submits this position paper
and further avers that:

PREFATORY STATEMENT

“[A]lthough the Constitution is committed to the

policy of social justice and the protection of the
working class; it does not necessary follow that
every labor dispute will be automatically decided
in favor of labor. The management also has its
own rights. Out of Its concern for the less
privileged in life, this Court, has more often than
not inclined, to uphold the cause of the worker in
his conflict with the employer. Such leaning,
however, does not blind the Court to the rule that
justice is in every case for the deserving, to be
dispensed in the light of the established facts and
applicable law and doctrine.” (PHILIPPINE
LONG DISTANCE TELEPHONE COMPANY
(PLDT) VS. ROBERTO R. PINGOL, G.R. NO.
182622, September 8, 2010).

NATURE OF THE CASE

This is a case for:

Actual Dismissal
Suspension (30 Days)
Money Claims:
 Salary/Wage, Service Incentive Leave,
Non-payment, 13th Month Pay-Non-
payment, Separation Pay-Non-payment
Damages:
Moral, Exemplary

PARTIES

Complainant CECILIO DEL VALLE BELLEN JR. is of legal age

with address at 1805 A. Rivera Street, Brgy. 234, Tondo, Metro Manila
where She may be served with notices, resolution, decision, or other
processes of this Honorable Office;

Respondent FASTEL SERVICES, INC. (“Fastel”), represented by

ANTHONY ISAIS, is a business created and existing under the Laws of
the Philippines with Office address at 1724-1736 Antonio Rivera Street,
Barangay 236, Tondo, Manila where it may be served with notices,
resolution, decision, or other processes of this Honorable Office;

STATEMENT OF THE FACTS AND OF THE CASE

1. The respondent FASTEL SERVICES, INC. is a legitimate

recruitment agency duly registered in the Securities and Exchange
Commission (SEC);

A copy of the Company’s Articles of Incorporation is hereto

attached and marked as Annex “1”.

Copy of the SEC Certificate of Registration hereto attached and

marked as Annex “2”.

2. Herein complainant was re-hired as SLI technician/Project

Employee by Respondent FASTEL SERVICES, INC. under a
employment contract beginning January 1, 2019 until Completion of the
Project;

Copy of the Employment Contract duly received by herein

complainant is hereto attached and marked as Annex “3”.

3. Complainant was repeatedly been re-hired by the respondent

as a project employee for more or less three years until been validly
terminated on August 22, 2019;

4. Complainant before being validly terminated was repeatedly

been involved / charged with numerous infractions of company policy
and/or the Disciplinary Code of Conduct, to wit:

4.1. May 20, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
 2. At iba pang kahalintulad sa paglabag
na ito.
(Herein Attached and marked as Annex “4”)

4.2. July 13, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Failure to follow the Standard
Operating Procedure.

(Herein Attached as Annex “5”)

4.3. July 19, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. At iba pang kahalintulad sa paglabag
na ito.

(Herein Attached and marked as Annex “6”)

4.4. August 3, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Failure to follow the Standard
Operating Procedure.

4.5. September 6, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. At iba pang kahalintulad sa paglabag
na ito.

(Herein Attached as Annexes “7” and 7-A)

4.6. October 8, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Failure to follow the Standard
Operating Procedure.

(Herein Attached and marked as Annex “8 ”)

4.7. Sept. 15, 2016

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. At iba pang kahalintulad sa paglabag
na ito.

(Herein Attached and marked as Annex “9”)

4.8. October 8, 2016
1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Failure to follow the Standard
Operating Procedure.
3. Unnecessary delay or refusal to perform
assigned work or to obey regulations or
official orders of his superior.

(Herein Attached and marked as Annex “10”)

4.9. January 26, 2017

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Failure to follow the Standard
Operating Procedure.

(Herein Attached and marked as Annex “11”)

4.10. February 8, 2017

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Negligence towards work;
3. Smoking and drinking within company
premises;
4. Abandonment of work;
5. At iba pang kahalintulad sa paglabag na
ito.

(Herein Attached and marked as Annex “12”)

4.11. May 4, 2017

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties.
2. Bawal ang pagliban sa trabaho ng hindi
nagpapasa ng request for leave of absence
dalawang araw bago lumiban;
3. Pag iwan o pag abandona sa trabaho;
4. At iba pang kahalintulad sa paglabag na
ito.

(Herein Attached and marked as Annex “13”)

4.12. May 10, 2017

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties;
2. Unreturned techpad;
3. At iba pang kahalintulad sa paglabag
na ito.
(Herein Attached and marked as Annex “14”)

4.13. May 24, 2017

1. Culpable negligence, carelessness or
failure to perform regular or routine
duties;
2. Bawal ang pagliban sa trabaho ng
hindi nagpapasa ng request for leave of
absence dalawang araw bago lumiban;
3. Pag iwan o pag abandona sa trabaho;
4. At iba pang kahalintulad sa paglabag
na ito.

(Herein Attached and marked as Annex “15”)

4.14. June 13, 2017

1. Culpable negligence, carelessness or
failure to follow specific instructions,
official orders and established
procedure or failure to perform regular
or routine duties.
2. Insubordination;
3. Unnecessary delay or refusal to
perform assigned work or to obey
regulations or official orders of his
superior;
4. At iba pang kahalintulad sa paglabag
na ito.

(Herein Attached and marked as Annex “16”)

4.15. June 21, 2017

1. Cupable negligence, carelessness or
failure to perform regular or routine
duties;
2. Low production;
3. Analogous Act of dishonesty;
4. At iba pang kahalintulad sa paglabag
na ito.

(Herein Attached and marked as Annex “17”)

4.16. June 1, 2017

1. Culpable negligence, carelessness of
failure to perform regular or routine
duties.
2. Bawal ang pagliban sa trabaho nang
walang pagpasa ng request of leave at
walang abiso;
3. Abandonment of work.
(Herein Attached and marked as Annex “18”)

4.16. March 9, 2019

1. xxx
2. Gross and Habitual Neglect of Duty
3. xxx
4. xxx
5. Other analogous causes:
Fastel Fevised Disciplnary Code of
Conduct- Cahpter VII, Section 10 –
Losing, misplacing, failure to account for
any company property.

(Herein Attached and marked as Annex “19”)

4.17. March 26, 2019

1. Serious misconduct;
2. Gross and habitual Neglect of Duty;
3. xxx
4. xxx
5. Other analogous causes:
Fastel Revised Disciplinary Code of
Conduct – Title VII, Section 10 – Losing
misplacing, failure to account for any
company property.

(Herein Attached and marked as Annex “20”)

4.18. July 25, 2019

Alleged illegal Solicitation
Complaining by Subscriber Ricardo
dela Cruz of Ground Floor paradise
Compound.. Amounting of 8,000 pesos
for their Service.

(Herein Attached and marked as Annex “21”)

4.19. July 31, 2019

Alleged Money Extortion:

Mr. Gilbert de Guzman (asawa ng client
on record) ay nagtungo sa PLDT office at
inirereklamo sina Nerio Benan at Cecilio
Belen Jr. na diumanoy nanghihingi ng
8,000 pesos kapalit ng pagsasaayos ng
kanilang linya ng telepono.
 (Herein Attached and marked as Annex “22”)

5. Now this instant complaint stemmed from a complaint

against herein complainant himself from one of our costumer /
subscriber named Mr. Gilbert De Guzman regarding an ILLEGAL
CHARGING or EXTORTION committed by herein complainant and
another co-employee in the amount of Eight Thousand pesos (Php
8,000.00) in exchange for the repair of the costumer’s telephone and
internet line on July 11, 2019.

6. Acting on the said incident/complaint respondent-company

conducted several investigations: Incident Report / Performance
Improvement Call dated July 25, 2019 and July 31, 2019.

7. After the investigations were conducted a Notice to Explain

dated July 27, 2019 was duly serve to herein complainant. Herein
attached and marked as Annex “23”

8. On July 29, 2019 a Notice of Suspension was issued by

respondent-company against herein complainant. Herein attached and
marked as Annex “24”.

9. On August 22, 2019 a Notice of Decision (Abiso ng

pagpapahayag ng Pasya) was issued by respondent-company against
herein complainant. Herein attached and marked as Annex “25”.

ISSUE

WHETHER OR NOT THE COMPLAINANT WAS

ILLEGALLY.

WHETHER OR NOT THE 30 DAYS

SUSPENSION PENDING INVESTIGATION
IMPOSED AGAINST THE COMPLAINANT
VALID.

WHETHER OR NOT THE COMPLAINANT IS

ENTITLED TO HIS MONEY CLAIMS AND
MORAL AND EXEMPLARY DAMAGES.

ARGUMENTS/ DISCUSSION

COMPLAINANT WAS
DISMISSED ON JUST
CAUSE.

10. Based on facts and evidence presented herein complainant

was validly dismissed for committing ILLEGAL SOLICITATION /
EXTORTION against a costumer of the respondent company. Such
offence was in direct violation of respondent-company’s Employee Code
of Conduct and a JUST CAUSE for his termination from employment
under Article 282 of the Labor Code, to wit:

“An employer may terminate an employee for any of

the following causes:
a. Serious Misconduct
xxxxxxxx.”

11. Procedural due process (Two Notice Rule) as provided by the

Labor Code was also duly observed by respondent-company as shown on
the preceding paragraphs.

THE 30 DAYS
SUSPENSION PENDING
INVESTIGATION IMPOSED
AGAINST THE
COMPLAINANT VALID.

12. The basis of the respondent-company issuing a preventive

suspension against herein complainant is found in Section 8 of Rule
XXIII Book V of the Omnibus Rules Implementing the Labor Code, as
amended by Department Order No. 9, Series of 1997 which provides:

“Section 8. Preventive suspension. The employer may

place the worker concerned under preventive
suspension only if his continued employment poses a
serious and imminent threat to the life or property of
the employer or of his co-workers.”

13. Complainant’s commission of ILLEGAL SOLICITATION /

EXTORTION is without a doubt a grave offence that poses serious and
imminent threat to the property/business interest of the employer.
COMPLAINANT IS NOT
ENTITLED TO HIS MONEY
CLAIMS AND MORAL AND
EXEMPLARY DAMAGES.

14. Being terminated for Just Cause under the Labor Code and
respondent-company’s Employee Code of Conduct herein complainant is
not entitled to any money claims or any damages from his employer.

PRAYER

WHEREFORE, premises considered it is most respectfully prayed

unto this Honorable Office that the Complaint dated October 11, 2019 be
DISMISSED for utter lack of merit.

Such other reliefs just and equitable are likewise prayed for.

Makati City for Quezon City, December 12, 2019.

 BAYAUA & ASSOCIATES LAW OFFICES
Counsel for the Respondents
3rd Floor Gonzalez Building,
#1888 Orense Street, Guadalupe Nuevo, Makati City
Tel Nos.(02) 750-4439; (02)881-7629
Email: bayaualawoffice@gmail.com

by:

ATTY. JORICO F. BAYAUA

IBP Life Member Roll No. 09572
PTR NO. 5913229 / 01-05-17 Makati City
Roll No. 47842
MCLE Compliance No. V-0022582
July 4, 2016

COPY FURNISHED:

CECILIO DEL VALLE BELLEN JR.

1805 A. Rivera St., Barangay 234,
Tondo, Manila

EXPLANATION

The foregoing POSITION PAPER of herein respondents is being

served to the complainant through personal service.

JORICO F. BAYAUA