REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL LABOR RELATION COMMISSION
REGIONAL ARBITRATION BRANCH [Link]
CITY OF SAN FERNANDO PAMPANGA
TRINA KARLA K. MALLONGA,
Complainant,
-versus- NLRC CASE NO. RAB III-10-28351-18
HEADPRIME RESOURCES CORP.,
GICC, MS. MINGZI JIN-GENERAL
MANAGER
Respondents.
x------------------------------------------x
MOTION FOR LEAVE TO ADMIT
ATTACHED REJOINDER
Complainant, assisted by the undersigned NFL Regional Coordinator respectfully state:
1. Last 14 December 2018, parties submitted their respective Replies.
2. Upon receipt of Respondents’ reply, complainant notice that there is a need to
rebut allegations contain in that Reply.
3. Complainant begs the kind indulgence of the Honorable Labor Arbiter for not
immediately filing this Rejoinder due to oversight or inadvertence.
4. In the interest of Justice, complainant respectfully pray that the attached
Rejoinder be admitted by the Honorable Labor Arbiter.
WHEREFORE, complainant respectfully pray that the attached Rejoinder BE ADMITTED
and form part of the records.
_______________________________________________________
TRINA KARLA K. MALLONGA
Complainant
Assisted by:
______________________________________________________
CHRISTIAN OCAMPO
Regional Coordinator, Region III
National Federation of Labor
9350-FED-LC
COPY FURNISHED
HEADPRIME RESOURCES CORP., GICC MS.
MINGZI JIN-GENERAL MANAGER
Freeport Area of Bataan, Mariveles, Bataan
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL LABOR RELATION COMMISSION
REGIONAL ARBITRATION BRANCH [Link]
CITY OF SAN FERNANDO PAMPANGA
TRINA KARLA K. MALLONGA,
Complainant,
-versus- NLRC CASE NO. RAB III-10-28351-18
HEADPRIME RESOURCES CORP.,
GICC, MS. MINGZI JIN-GENERAL
MANAGER
Respondents.
x------------------------------------------x
REJOINDER
Complainant, assisted by the undersigned NFL Regional Coordinator respectfully state:
1. In the Respondent Reply, paragraph 5, the respondent admitted the
complainants multi task of managing the “Coffee shop” and the “Hotel” and even the
“managing of “Marketing” of the respondent corporation [GICC].
1. In respondents’ Reply, paragraph 5, respondents alleged that complainant was
removed from function being added on her to manage, and admission that herein complainant
was indeed demoted. In our position paper, facts of the case, “complainant is a regular
employee of the respondent corporation and was hired on May 2017 and works as a Manager.
Attached therewith is photo copy of the complainant’s “Certification” marked as “Annex A”
signed by Mr Erwin John N. Torres, HR Executive of GICC.
2. The respondent on demoting complainant rank is unsupported by due process of
law and failed to present an evaluation to substantiate the removal of the complainant from
managing the Hotel.
3. On May 2018, complainant was advised by the respondent that by June 2018,
Mr. Augusto Villamor will be placed to the hotel to work within with the complainant in
managing the Hotel.
4. And on June 1, 2018, Mr. Augusto Villamor formally work within with the
complainant on managing the Hotel.
5. On July 31, 2018 complainant suffered humiliation by the respondent in
presenting to the management meeting the Organizational Chart made by Mr John Torres, HR
Executive of GICC removing the Complainant from Hotel managing.
6. And abruptly, arbitrarily, complainant was replaced by Mr. Augusto Villamor to
manage the Hotel, It was very clear that it was a demotion In rank causing her to be
demoralized and stressed emotionally. Mr John Torres unjustly removed the complainant for no
reason, more so failed to present any complaint [as per 201 file] to justify the demotion of the
complainant
7. In the case of FORTUNY GARMENTS JOHNNY CO vs CASTRO , GR 150668, the
Supreme Court decision held:
XXX the intention to relinquish an office must concur with
the overt act of relinquishment. The act of the employee before
and after the alleged resignation must be considered to
determine whether in fact, he or she intended to relinquish such
employment. If the employer introduces evidence purportedly
executed by an employee as proof of voluntary resignation and
the employee specifically denies the authenticity and due
execution of said document, the employer is burdened to prove
the due execution and genuineness of such document.”.
XXX XXX XXX
8. Respondent alleged the complainant of voluntarily resigning however on her
Resignation letter it is very clear that the complainant suffered unfair treatment and
discrimination by removing her management from the Hotel without due process.
9. Before the alleged voluntary resignation of the complainant, several
circumstances would show that she did not contemplate or had no intention of resigning from
the Corporation, viz.:
10. FIRST, the complainant was very active on her duties and fairly manage her staff
from different department she hold on.
11. SECOND, the complainant did effective systems of management and strategy in
promoting the Hotel and achieving hotel occupancy rate higher.
12. Thus, base on the foregoing facts above Complainant clearly had no intention of
abandoning her work when she filed the complaint and questioned her dismissal.
Wherefore, complainant reiterate their prayer as prayed for in their complaint and
position paper.
Other just and equitable relief available in the premises is likewise prayed for.
Respectfully submitted.
30th day of January 2019 at Mariveles, Bataan for City of San Fernando, Pampanga.
_______________________________________________________
TRINA KARLA K. MALLONGA
Complainant
Assisted by:
______________________________________________________
CHRISTIAN OCAMPO
Regional Coordinator, Region III
National Federation of Labor
9350-FED-LC
EXPLANATION
The foregoing Motion to Admit Attached Rejoiner being served to the other
parties by private courier due to time and financial constraints.
______________________________________________________
CHRISTIAN OCAMPO
COPY FURNISHED
HEADPRIME RESOURCES CORP., GICC MS. LBC Tracking No. ______________
MINGZI JIN-GENERAL MANAGER ________ LBC Branch
Freeport Area of Bataan, Mariveles, Bataan 30 January 2019
