Notes for Position Paper

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How to write a position paper:

In a position paper, you will choose a side on a particularcontroversial topicand

build up a case for your opinion or position. Once you state your position, you

will use facts, opinion, statistics and other forms of evidence to convince yourreader that your position is the best one.

As you collect research for your position paper and begin to craft an outline, you

must remember that the teacher will be looking for a well-constructed argument.

This means that the subject matter and your topic is not as important as your

ability to make a case. You topic could be simple or complexbut your argument

must be sound and logical.

Select a Topic

Your position paper is going to center around a personal belief that is supported

by research, so you have an opportunity to tap into your own strong feelings in

this assignment. Take advantage of this opportunity! Find a topic that is near and

dear to your heart, and youll put more of your heart into your work. That always

leads to a better outcome.

Conduct Preliminary Research

Preliminary research is necessary to determine whether evidence is available to

back upyour stance.You dont want to get to attached to a topic that falls apartunder a challenge.

Search a few reputable sites, like educations sites and government sites, tofind

professional studiesand statistics. If you come up with nothing after an hour of

searching, or if you find that your position doesnt stand up to the findings on

reputable sites, you might want to find another topic.

Challenge Your Own Topic

This is a very important step! You must know the opposite view as well as you

know your own stance when you take a position. You must know all the possiblechallenges that you might face as you support your view. Your position paper

must present the opposing view and chip away at it with counter evidence.

For this reason, you must find arguments for the other side of your position,

address those arguments, and state why they are not sound.
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Draw a line down the middle of a sheet of paper and list your points on one side

and list opposing points on the other side. Which argument is really better?

Continue to Collect Supporting Evidence

Once youve determined that your position is supportable and the oppositeposition is (in your opinion) weaker than your own, you are ready to branch out

with your research. Go to alibraryand conduct a search, or ask thereference

librarianto help you find more sources.

Try to collect a variety of sources, to include an experts opinion (doctor, lawyer,

or professor, for example) and personal experience (from a friend or family

member) that can add an emotional appeal to your topic.

Create an Outline

A position paper might be arranged in the following format:

1. Introduce your topic with a little background information. Build up to

yourthesis sentence,which asserts your position. Sample points:

For decades, the FDA has required that warning labels should be placed on

certain products that pose a threat to public health.

Fast food restaurants are bad for our health.

Fast food packages should contain warning labels.2. List possible objections to your position. Sample points:

Such labels would affect profits of major corporations.

Many people would see this as overreaching government control.

Whose job is it to determine which restaurants are bad? Who draws the line?

The program would be costly.

3. Support and acknowledgement of the opposing points. Sample points:

It would be difficult and expensive for any entity to determine which

restaurants should adhere to the policy.

Nobody wants to see the government overstepping its boundaries.

Funding would fall onto the shoulders of taxpayers.
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4. Explain that your position is still the best one, despite the strength of counter

arguments. Sample points:

The cost would be countered by the improvement of public health.

Restaurants might improve the standards of food if warning labels were put

into place.

One role of the government is to keep citizens safe.

The government already does this with drugs and cigarettes.

5. Summarize your argument and restate your position.

Get AttitudeWhen you write a position paper, you should write

withconfidence.In this paper you want to state your opinion with authority.

After all, your goal is to demonstrate that your position is the correct one. Be

assertive, but don't be cocky. State your points and back them up with evidence.

FOUR STEPS TO WRITING A POSITION

PAPER YOU CAN BE PROUD OF

The position paper is literally your bible throughout

the conference.

Essentially, the paper forces you to write out you

countrys viewpoints in paragraph form. Its also the

first important mode of evaluation for the committee

chair; all papers must be submitted some weeks or

months in advance to the Conference Secretariat.

Naturally, given its significance to the MUN experience, the position paper is something you want to

excel at, and to do this, several criteria must be met.
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At the onset of this discussion on the position paper it is particularly significant to stress that it must

be written from your countrys perspective. Again, as this document will be your guideline for action

throughout the entire conference, its in your best interests to give an accurate portrayal of your

countrys stance on the issues at hand.

Simply put, the position paper is meant to give delegates an opportunity to organizetheir research

into an organized policy statement.

Before You Begin

Before you start writing, its important to look at the questionsthat were outlined in your

background research packet (the documents sent to you by the committee chair). Suggesting a

comprehensive course of action that answers these queries is the ultimate goal of your write-up. A

good position paper should make clear reference to these guidelines and demonstrate that the

students clearly comprehend the creative and compositional depth required for an MUN simulation.

If one were looking for some sort of rubric as to what the ideal position paper should consist of, there

would be a number of clearly identifiable elements. The position paper has a definite general

structure to it: three sections (totalling one page in length) each of which serves a clear purpose

within the general context of the paper.

With reference to Sample Position paper A (bottom of the post), we can analyze these different parts

and comment on the relative successes of specific techniques used to elucidate points.

1. Outline the Topic in General

The first section (labelled A) serves the purpose of outlining the topic in general and providing

insight into the root of the conflict.

As the subject of the paper is Free Trade, the write-up begins by first stating the areas of concern,

discussing some of the positive and negative aspects of globalization, as well as emphasizing the

controversial nature of the topic at hand. Your opening paragraph should, as this paper attests to, be


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a brief summary of the current perception held towards the status quo. It should state the problem

and express why it is significant.

2. Identify and Describe Your CountryHow Has Your State Been

Affected?

The second section (labelled B) is where your background research on your country pays off.

Firstly, you should identify and describe your country. Be sure to state how your nation relates to the

topic for discussion, specifically citing how your state has been affected (B1). It is imperative to

emphasize the extent to which change has taken place. Hold off any normative judgments in this

section, the purpose of this paragraph is not to evaluate the institution or development in reference

to your country, but rather, to merely discuss how it has altered domestic dynamics.

3. Your Countrys Policies and Proposed Solutions

The third section (labelled C) is where you outline your countrys policies and what factors

contributed to those policies being established in the first place.

At this point, you are to address the relative benefits (if any) and detriments of the development,

specifically relating to your nation and the actions you have taken to maximize or minimize these

effects. You are to explain why your country has acted in a certain fashion historically (C1), and why

it will continue to follow this course of action.

Outline your states particular interest in the issue being discussed, and begin to discuss what needs

to be changed about the current interpretation of the situation. Cite the areas needing reform (C2)

and provide suggestions as to how this revision process should be accomplished. Following this, you

may want to focus on one area of particular concern for your country (C3). Depending on your topic

area, this could be anything from the affect of a war on a nations health care infrastructure to how

creating new national boundaries may affect resource deposits running along the potential borders.

In this particular paper, attention is brought to Regional Trade Alliances (C4) and their associated

problems, something that, as been noted, holds special significance to Oman.


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By approaching a problematic scenario in greater detail, you are demonstrating to the chair and to

fellow delegates that you have the capacity to think critically and can identify the issues with which

your country has the greatest concern. This being said, choose this area carefully: given the issues

prominence in your position paper (and correspondingly the problems significance to your country

as a whole), you will have to stress its importance during committee session. Be sure to select an area

of concern that could potentially form the basis of a resolution, or at least one that can stimulate

prolonged debate.

4. Tie Together Loose Ends

Finally, a conclusion should be written to restate your countrys position and sum up what you hope

to achieve throughout the duration of the conference (D).

The position paper leaves the committee chair with a first impressionof your delegation.

Naturally, its important to make that impression as strong as possible. The staff looks for original

and critical thinking, a true understanding of the nature of your nation and both a function and

applied knowledge of your topic.

Be sure to demonstrate this through presenting a concise yet effective paper. As expressed before, be

sure to dedicate equivalent energy to position papers for both topic areas. They are equally importantin the eyes of the committee and the directors (the people who will be evaluating your write-ups).

The Waiting Game

After submitting your position paper to the conference secretariat, there usually is a two week to one

month stretch where you play the waiting game. As you will no doubt be busy with schoolwork,

dont worry excessively about preparation. On weekends, however, you may find it helpful to reviewmaterial and do more researching so as to keep up to date with the latest happenings. Other than

that, get ready for Showtime!

Sample Position Paper


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Topic:Free Trade

Country:Oman

Committee:Economic and Financial (ECOFIN)

(A) The tumultuous conflict surrounding the issue of free trade and its variegated ramifications has

been a moot point ever since the creation of the modern state. While exponents of free trade argue

that comparative advantage and the development of economies of scale outweigh the associated

detriments of a free market economy, their adversaries purport that smaller, national economies that

are inundated with cheaper international goods from free trade begins to flounder and lose

elfsustainability. Those in opposition to free trade, also make reference to the exponentially rising

human rights and environmental violations that are a direct consequence of burgeoning global

market.

(B) Oman is perched in the putatively lofty position of an oilexporting nation. However, this

appraisal is a mere simulacrum of our actual situation. (B1) Oman relies on entities such as the

World Trade Organization to help facilitate the purchasing and exchange of good across the global

market, thus enabling essential goods to disseminate across our land. Prior to the admission of the

Sultanate of Oman into the WTO, the country was involved at an economic level with the nations of

Organization of Petroleum Exporting Countries (OPEC), although Oman was never a member. In

spite of this, Oman generally adheres to their collective mandate in order to Eix oil prices and protect

the special interests of this conglomerate.

(C) Oman joined the WTO in order to voice its support for the continuing liberalization of world

markets. (C1) Furthermore, Oman believes that this unique amalgamation acts as a vehicle for

increased prosperity by raising the amount of Foreign Direct Investment and domestic stimulation.

Oman, due to its new position in the WTO, has now broadened trade with Western nations, and

hopes for this trend to continue. (C2) However, Oman also recognizes that in order for the economic

infrastructure of not only Oman, but also other developing countries to remain stable, the steps of

tariff reduction, and all encompassing globalization must be gradual, lest there be recurrences of

strife, as initially seen in the Former Yugoslavia and the Russian Federation. The WTO must also

take further steps to impose a universal human rights and environmental standards operating code,

which must be enforced uniformly. With the need for international cooperation has come the desire

for regional association. This chain of motivation for many a nation has manifested itself in the


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formation of Regional Trading Associations. (C3) Although this arrangement ostensibly

accommodates both desires, it actually results in alliances whose members are common enough in

geographic similarity to have some consensus, but diverse enough to yield almost unremitting

disapprobation from some of the parties on any given issue. Therefore, these theoretical constructs

when applied in reality are far from seamless and are not the definitive solutions to conflicting

national agenda.

(C4) In Omans specific scenario, the aforementioned generalization holds true. Consequently, Oman

is not a member of OPEC. In addition, not only do there exist the problems inher ent to RTAs, but

also the members of OPEC lack significant economic diversity in various industrial and resource

sectors to make such a pact mutually pragmatic. Rather, this specific concern is ignored in light of

the prodigious matter of oil, which takes the forefront in any discussions of world trade. (D) Oman

believes that the benefits of comparative advantage, economies of scale, and specialization outweigh

the problems associated with a world abiding by principles of increasing economic globalization and

free trade. This being said, Oman pushes for the continued expansion of such policies while urging

organizations such as the WTO to refine specific clauses so that the exploitation of labour and the

environment does not go unchecked.

This article was written in high school by Al-Nawaz Jiwa St. Georges MUN Head Delegate and

World MUN Champion. Al-Nawaz received a masters in Political Science from Yale University.

WRITING A POSITION PAPER

The following material explains how to produce a position paper (sometimes called apoint of view paper). A template is provided that outlines the major parts of a goodposition paper. Keep in mind, however, that this is just a guide. Talk to your

TAs about their individual expectations. Your TAs may want you to include

some criteria that do not appear in this outline. Make sure you check with

them.

Like a debate, a position paper presents one side of an arguable opinion about anissue. The goal of a position paper is to convince the audience that your opinion is

valid and defensible. Ideas that you are considering need to be carefully examined in

choosing a topic, developing your argument, and organizing your paper. It is veryimportant to ensure that you are addressing all sides of the issue and presenting it ina manner that is easy for your audience to understand. Your job is to take one side

of the argument and persuade your audience that you have well-founded knowledge


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of the topic being presented. It is important to support your argument with evidence

to ensure the validity of your claims, as well as to refute the counterclaims to showthat you are well informed about both sides.

Issue Criteria

To take a side on a subject, you should first establish the arguability of a topic that

interests you. Ask yourself the following questions to ensure that you will be able topresent a strong argument:

Is it a real issue, with genuine controversy and uncertainty? Can you identify at least two distinctive positions?

Are you personally interested in advocating one of these positions?

Is the scope of the issue narrow enough to be manageable?

In the CMNS 130 courseware the article by Fleras begins to set out a range of issues you

may choose to address. Your tutorial leader will also have a set of suggested paper topics.

The suggested paper topics will also be available on the CMNS 130 website.

Analyzing an Issue and Developing an Argument

Once your topic is selected, you should do some research on the subject matter.While you may already have an opinion on your topic and an idea about which side

of the argument you want to take, you need to ensure that your position is wellsupported. Listing the pro and con sides of the topic will help you examine yourability to support your counterclaims, along with a list of supporting evidence forboth sides. Supporting evidence includes the following:

Type of Information

Type of Source How to find these sources

introductory information

and overviews

directories,

encyclopedias,

handbooks

Use the Library catalogue

in-depth studies books, governmentreports

Library catalogue, Canadian ResearchIndex, Government web sites

scholarly articles academic journals Article indexes

current issues newspapers, magazines Article indexes


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statisticsgovernment agencies

and associations

Statistics Canada, Canadian Research

Index, journal articles

position papers and

analyses

association and institute

reportsLibrary catalogue, web sites

Many of these sources can be located online through the library catalogue and electronic

databases, or on the Web. You may be able to retrieve the actual information electronically

or you may have to visit a library to find the information in print. The librarians

presentation on October 10thafter your mid-term exam will assist in your orientation of the

SFU library.

** You do not have to use all of the above supporting evidence in your papers. This is

simply a list of the various options available to you. Consult your separate assignment sheetto clarify the number and type of sources expected.

Considering your audience and determining your viewpoint

Once you have made your pro and con lists, compare the information side by side.Considering your audience, as well as your own viewpoint, choose the position youwill take.

Considering your audience does notmean playing up to the professor or the TA. To convince

a particular person that your own views are sound, you have to consider his or her way of

thinking. If you are writing a paper for a sociology professor/TA obviously your analysis

would be different from what it would be if you were writing for an economics, history, orcommunications professor/TA. You will have to make specific decisions about the terms you

should explain, the background information you should supply, and the details you need to

convince that particular reader.

In determining your viewpoint, ask yourself the following:

Is your topic interesting? Remember that originality counts. Be aware that yourprofessor/TA will probably read a number of essays on the same topic(s), so any

paper that is inventive and original will not only stand out but will also be

appreciated. Can you manage the material within the specifications set by the instructor?

Does your topic assert something specific, prove it, and where applicable, propose aplan of action?

Do you have enough material or proof to support your opinion?

Organization

Sample Outline


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I. Introduction

___A. Introduce the topic

___B. Provide background on the topic to explain why it is important___C. Assert the thesis (your view of the issue). More on thesis statements can befound below.

Your introduction has a dual purpose: to indicate both the topic and your approach toit (your thesis statement), and to arouse your readers interest in what you have to

say. One effective way of introducing a topic is to place it in context to supply akind of backdrop that will put it in perspective. You should discuss the area intowhich your topic fits, and then gradually lead into your specific field of discussion(re: your thesis statement).

II. Counter Argument

___A. Summarize the counterclaims___B. Provide supporting information for counterclaims

___C. Refute the counterclaims___D. Give evidence for argument

You can generate counterarguments by asking yourself what someone who disagrees

with you might say about each of the points you've made or about your position as awhole. Once you have thought up some counterarguments, consider how you will

respond to them--will you concede that your opponent has a point but explain why

your audience should nonetheless accept your argument? Will you reject thecounterargument and explain why it is mistaken? Either way, you will want to leaveyour reader with a sense that your argument is stronger than opposing arguments.

When you are summarizing opposing arguments, be charitable. Present each

argument fairly and objectively, rather than trying to make it look foolish. You want

to show that you have seriously considered the many sides of the issue, and that youare not simply attacking or mocking your opponents.

It is usually better to consider one or two serious counterarguments in some depth,rather than to give a long but superficial list of many different counterarguments andreplies.

Be sure that your reply is consistent with your original argument. If considering a

counterargument changes your position, you will need to go back and revise youroriginal argument accordingly.

For more on counterargumentsvisit:http://www.unc.edu/depts/wcweb/handouts/argument.html

III. Your Argument___A. Assert point #1 of your claims

_____1. Give your educated and informed opinion

_____2. Provide support/proof using more than one source (preferably three)___B. Assert point #2 of your claims_____1. Give your educated and informed opinion

_____2. Provide support/proof using more than one source (preferably three)___C. Assert point #3 of your claims
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_____1. Give your educated and informed opinion_____2. Provide support/proof using more than one source (preferably three)

You may have more than 3 overall points to your argument, but you shouldnot have fewer.

IV. Conclusion___A. Restate your argument___B. Provide a plan of action but do not introduce new information

The simplest and most basic conclusion is one that restates the thesis in differentwordsand then discusses its implications.

Stating Your Thesis

A thesisis a one-sentence statement about your topic. It's an assertion about your

topic, something you claim to be true. Notice that a topic alone makes no suchclaim; it merely defines an area to be covered.To make your topic into a thesisstatement, you need to make a claim about it, make it into a sentence. Look back

over your materials--brainstorms, investigative notes, etc.--and think about what

you believe to be true. Think about what your readers want or need to know. Thenwrite a sentence, preferably at this point, a simple one, stating what will be thecentral idea of your paper. The result should look something like this:

Original Subject:an important issue in my major field

Focused Topic:media technology education for communication majors

Thesis:Theories of media technology deserve a more prominent place in this UniversitysCommunication program

Or if your investigations led you to a different belief:

Thesis:Communication majors at this University receive a solid background intheories of media technology

It's always good to have a thesis you can believe in.

Notice, though, that a sentence stating an obvious and indisputable truthwon't work as a thesis:

Thesis:This University has a Communication major.

That's a complete sentence, and it asserts something to be true, but as a thesis it's adead end. It's a statement of fact, pure and simple, and requires little or nothingadded. A good thesis asks to have more said about it. It demands someproof. Your job is to show your reader that your thesis is true.
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Remember, you can't just pluck a thesis out of thin air. Even if you have remarkable

insight concerning a topic, it won't be worth much unless you can logically and

persuasively support it in the body of your essay. A thesis is the evolutionary resultof a thinking process, not a miraculous creation. Formulating a thesis is not the first

thing you do after reading the essay assignment.Deciding on a thesis does notcome first. Before you can come up with an argument on any topic, you have to

collect and organize evidence, look for possible relationships between known facts(such as surprising contrasts or similarities), and think about the beneath-the-

surface significance of these relationships. After this initial exploration of thequestion at hand, you can formulate a "working thesis," an argument that you think

will make sense of the evidence but that may need adjustment along the way. In

other words, do not show up at your TAs office hours expecting them tohelp you figure out your thesis statement and/or help organize your paperunless you have already done some research.

For more information regarding thesis statementsvisit:http://www.unc.edu/depts/wcweb/handouts/thesis.html

Writing with style and clarity

Many students make the mistake of thinking that the content of their paper is all that

matters. Although the content is important, it will not mean much if the reader cantunderstand what you are trying to say. You may have some great ideas in your

paper but if you cannot effectively communicate them, you will not receive a verygood mark. Keep the following in mind when writing your paper:

Diction

Diction refers to the choice of words for the expression of ideas; the construction,disposition, and application of words in your essay, with regard to clearness,accuracy, variety, etc.; mode of expression; and language. There is often a tendency

for students to use fancy words and extravagant images in hopes that it will makethem sound more intelligent when in fact the result is a confusing mess. Although

this approach can sometimes be effective, it is advisable that you choose clear wordsand be as precise in the expression of your ideas as possible.

Paragraphs

Creating clear paragraphs is essential. Paragraphs come in so many sizes andpatterns that no single formula could possibly cover them all. The two basicprinciples to remember are these:

1) A paragraph is a means of developing and framing an idea or impression. As ageneral rule, you should address only one major idea per paragraph.

2) The divisions between paragraphs arent random, but indicate a shift in focus.In other words you must carefully and clearly organize the order of your
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paragraphs so that they are logically positioned throughout your paper.Transitions will help you with this.

For further information on paragraph developmentvisit:http://www.unc.edu/depts/wcweb/handouts/paragraphs.html

Transitions

In academic writing your goal is to convey information clearly and concisely, if not to

convert the reader to your way of thinking. Transitions help you to achieve these

goals by establishing logical connections between sentences, paragraphs, andsections of your papers. In other words, transitions tell readers what to do with the

information you present them. Whether single words, quick phrases or full

sentences, they function as signs for readers that tell them how to think about,organize, and react to old and new ideas as they read through what you havewritten.

Transitions signal relationships between ideas. Basically, transitions provide thereader with directions for how to piece together your ideas into a logically coherent

argument. They are words with particular meanings that tell the reader to think andreact in a particular way to your ideas. In providing the reader with these important

cues, transitions help readers understand the logic of how your ideas fit together.

LOGICAL RELATIONSHIP TRANSITIONAL EXPRESSION

Similarity also, in the same way, just as ... so too, likewise, similarly

Exception/Contrast but, however, in spite of, on the one hand ... on the other

hand, nevertheless, nonetheless, notwithstanding, in contrast,

on the contrary, still, yet

Sequence/Order first, second, third, ... next, then, finally

Time after, afterward, at last, before, currently, during, earlier,

immediately, later, meanwhile, now, recently, simultaneously,

subsequently, then

Example for example, for instance, namely, specifically, to illustrate

Emphasis even, indeed, in fact, of course, truly
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For more information on transitionsvisit:http://www.unc.edu/depts/wcweb/handouts/transitions.html

Grammar and Spelling

You must make certain that your paper is free from grammar and spelling mistakes.

Mechanical errors are usually the main reason for lack of clarity in essays, so be sure

to thoroughly proof read your paper before handing it in. For help with commonerrors in grammar and usage consult the following websites:

http://www.sfu.ca/~gmccarro/Grammar/Grammar.htmlhttp://ccc.commnet.edu/grammar/index2.htmhttp://www.unc.edu/depts/wcweb/handouts/

Plagiarism and academic honesty

Plagiarism is a form of stealing; as with other offences against the law, ignorance is

no excuse. The way to avoid plagiarism is to give credit where credit is due. If you

are using someone elses idea, acknowledge it, even if you have changed thewording or just summarized the main points.

To avoid plagiarism, you must give credit whenever you use

another person's idea, opinion, or theory; any facts, statistics, graphs, drawings--any pieces of information--that are not

common knowledge;

quotations of another person's actual spoken or written words; or

paraphrase of another person's spoken or written words.

In addition to plagiarism, SFU has policies regarding other forms of academic dishonesty.

For more information on SFUs policies regarding academic honesty consult yourundergraduate calendar orhttp://www.sfu.ca/policies/teaching/t10-02.htm.If any of the

Place/Position above, adjacent, below, beyond, here, in front, in back,

nearby, there

Cause and Effect accordingly, consequently, hence, so, therefore, thus

Additional Support or

Evidence

additionally, again, also, and, as well, besides, equally

important, further, furthermore, in addition, moreover, then

Conclusion/Summary finally, in a word, in brief, in conclusion, in the end, in the final

analysis, on the whole, thus, to conclude, to summarize, in

sum, in summary
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Universitys policies are not clear you must ask your professor or TA for clarification.Again, ignorance is no excuse.

Why many companies lost labor cases in 2012

DIRECT FROM THE LABOR FRONT By Atty Josephus B Jimenez(The Freeman) | Updated January 12, 2013 -

12:00am

Despite the tremendous advantages being enjoyed by employers, despite being defended by giant law firms

that bill them in millions, and notwithstanding the fact that their HR executives and managers are topnotch and

well-paid, companies are still losing their cases before the labor tribunals and courts. They were served

adverse decisions and writ of executions that direct them to pay millions to workers. I have a favorite example

involving a global company, manufacturing and selling consumer goods and represented by a very big and

influential law firm, that has produced many top officials in government. This company lost a multi-million case

to poor contractual workers who were represented only by a low profile lady lawyer, who used to be my law

student. The question is why.

Being a Law professor and Bar reviewer for more than three decades now, and as an author of Labor Lawbooks, it has become my yearly routine to review every January, all the Supreme Court decisions in labor

cases in the past year. I have found out that management lost 60% of all labor cases in 2012. I did examine

how these cases were handled by the line management that decided to hire, fire and manage people, by HR

managers who documented the management decisions, and by the lawyers who handled the litigation in court.

My findings are very revealing. This month, I shall share this in a symposium in Shangri-La Makati with CEOs,

HR executives and labor lawyers.

The first reason is making the wrong decisions about people, like hiring the wrong person or putting him in the

wrong position, dealing with labor-only contractors, major errors in wage-fixing and benefits administration, or

anti-labor and anti-union acts and other unfair labor practices. About 75% of cases filed against management

are illegal dismissal cases, either due to lack of just cause or for failure to follow the rules on due-process.

Others are lack of management skills in undertaking corporate transformation, like mergers and consolidations,

and lack of basic knowledge on the proper procedure to undertake retrenchments, redundancy, mechanization

and installation of labor-saving devices.

The second reason is the propensity of certain company owners and COOs/CEOs not to listen to the expert

advice of their own HR professionals, labor relations consultants and even DOLE officials and the companies'

failure to invest in the acquisition of adequate knowledge and skills in leading and managing people. Related to

this is the lack of basic knowledge in the company on the art and science of documentation related to

personnel, from hiring to retiring. They do not even know how to conduct administrative investigation properly

and in accordance with the Labor Code. Neither do they have any skill on the proper technique in HR

documentation. They need to study again from the masters.

The third reason for losing cases is getting the wrong lawyers, those who are not experts in labor cases. They

may be the most expensive corporate, criminal, civil or tax lawyers in town but labor cases are a different

banana altogether. These expensive lawyers might not even be familiar with the latest labor jurisprudence, and

they might not have rapport with Labor Arbiters, NLRC Commissioners and the staff in labor tribunals. The

labor lawyers would tell you that it is not enough that your lawyer knows the law. He must know the Arbiter too.
http://www.philstar.com/author/Atty%20Josephus%20B%20Jimenez/DIRECT%20FROM%20THE%20LABOR%20FRONThttp://www.philstar.com/author/Atty%20Josephus%20B%20Jimenez/DIRECT%20FROM%20THE%20LABOR%20FRONThttp://www.philstar.com/author/Atty%20Josephus%20B%20Jimenez/DIRECT%20FROM%20THE%20LABOR%20FRONT


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In 2012, some illegal dismissal cases were lost by management because some lawyers failed to file the

required position papers before the Labor Arbiter. Such failure is deemed a waiver of management's right to

contest the allegation of illegality in the termination of employment. Normally, such default would be a virtual

confession of judgment. Lawyers who commit this gross negligence deserve to be disbarred, or at least

suspended from the practice of law. How can employers claim of being deprived of a day in court when it is

their own lawyers who bungled the case from the very beginning. Clients should not be condemned to spendmillions for lawyers who are incompetent and grossly inept. Employers should fire these kinds of lawyers to

avoid major legal disasters.

The fourth reason for losing cases is perhaps because, in the first place, the complainant really deserves to win

on the merits. No brilliant lawyer can turn around a losing case. Lawyers cannot, should not manufacture

evidence. If employers fire people indiscriminately, without due respect to both the law and the workers' rights,

they should not expect to win.

FAQs - NLRC ProceedingsNLRC Proceedings: What is an appeal in compulsory arbitration?When an aggrieved party is not satisfied with the decision, order or award of the Labor Arbiter, POEA Administrator

or DOLE Regional Director or his duly authorized hearing officer, the decision, award or order may be elevated to the

Commission Proper upon grounds provided by law.

NLRC Proceedings: When to submit position papers/ memorandum

If, during the conferences, the parties fail to agree upon an amicable settlement, either in whole or in part, the Labor

Arbiter shall issue an order directing the parties to simultaneously file their respective verified position papers, with

the supporting documents and affidavits within fifteen (15) calendar days from the date of the last conference, with

proof of having furnished each other with the copies thereof.

The verified position papers shall cover only those claims and causes of action raised in the complaint excluding

those that may have been amicably settled.

The Labor Arbiter determines the necessity of a hearing

As soon as the parties have submitted their position papers/memorandum, the Labor Arbiter shall, motu propio,

determine whether there is a need for a formal trial or hearing. The Labor Arbiter may, at his discretion, ask

clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant

documentary evidence from any party or witness.

NLRC Proceedings: How many copies of the appeal must be submitted and where does one file an appeal?

The appeal, in five (5) legibly typewritten copies, may be filed with the respective Regional Arbitration Branch, the

DOLE Regional Office or the POEA, where the case was heard and decided.

NLRC Proceedings: When will the Labor Arbiter render decision?


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The Arbiter shall render his decision within thirty (30) calendar days, without extension, after the submission of the

case by the parties for resolution, even in the absence of stenographic notes, provided however that cases involving

Overseas Filipino Workers shall be decided within ninety (90) calendar days after the filing of the complaint which

shall be deemed perfected upon acquisition by the labor arbiter of jurisdiction over the respondent/s. (Sec. 5, Rule 5,

NLRC Rules as Amended)

NLRC Proceedings: May the Labor Arbiter conciliate disputes?

Yes. At any stage of the proceedings in all cases, the Arbiter shall exert all efforts and take positive steps toward

resolving the dispute through conciliation.

NLRC Proceedings: Conference

The Labor Arbiter shall summon the parties to a conference within two days from receipt of an assigned case.Thepurpose of the conference is either to:

amicably settle the dispute;

determine the real parties in interest;

define and simplify the issues of the case;

enter into admissions and/or stipulations of facts; and

thresh out preliminary matters. (Sec. 2, Rule 5, NLRC Rules as Amended)

NLRC Proceedings: When is a hearing necessary or not?

If there is a need for a hearing, the Labor Arbiter shall issue an order setting the date or dates for said hearing which

shall be terminated within ninety (90) days from initial hearing. However, if he finds no necessity for further hearing

after the parties have submitted their position papers and supporting documents, he shall issue an Order to that effect

and inform the parties. The Arbiter shall render his decision in the case within ninety (90) days.

NLRC Proceedings: What is the period of appeal?

Within ten (10) calendar days from receipt of such decisions, awards or orders of the Labor Arbiter or of the POEA

Administrator. In case of a decision of the Regional Director or his duly authorized hearing officer, the appeal may be

filed within five (5) calendar days from receipt of such decisions, awards or orders.

NLRC Proceedings: What are certified labor disputes?

Certified labor disputes are cases certified to the Commission for compulsory arbitration by the Secretary of Labor

and Employment if in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an

industry indispensable to the national interest. (Sec. 2, Rule 9, NLRC Rules as Amended)


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What are the effects of certification?

Upon certification, the intended or impending strike or lockout is automatically prohibited even if there is a motion for

reconsideration of the certification order in the Office of the Secretary.

If a work stoppage has already taken place at the time of the Certification, all striking or locked-out employees are to

immediately return to work and the employer shall immediately resume operations and readmit all workers under the

same terms existing before the strike or lockout. (Sec. 5, Rule 9, NLRC Rules as Amended)

When will the Commission resolve a certified case?

The Commission, sitting in the appropriate Division shall decide or resolve the certified dispute within thirty (30)

calendar days from the date of submission of the dispute for resolution. (Sec. 4, Rule 9, NLRC Rules as Amended)

NLRC Proceedings: Number of conferences allowed

The number of conferences shall not exceed three (3) settings and shall be terminated within thirty (30) calendar

days from the date of the first conference.

No motion for postponement shall be entertained. Non-appearance of the complainant/s during the scheduled

hearings for mediation/conciliation conference shall be a ground for the dismissal of the case without prejudice.

In case of non-appearance of the respondent/s during the first conference, a second conference shall proceed. Non-

appearance of the respondent/s during the second conference shall immediately terminate the mandatory

conciliation/mediation conference. The complainant/s shall thereupon be allowed to file his position paper as well as

submit evidence in support of his cause or causes of action after which, the labor arbiter shall render his decision on

the basis of the evidence on record. (Sec. 2, Rule 5, NLRC Rules as Amended)

NLRC Proceedings: What are the other requisites for the perfection of an appeal?

The appeal should be under oath.

Proof of payment of appeal fee.

Proof of posting of a cash or surety bond.

Must be accompanied by a memorandum of appeal which shall state the grounds relied upon and the supporting arguments.

A statement of the date when the appellant received the appealed decision or award.

Proof of service on the other party of such appeal.

NLRC Proceedings: How much is the appeal fee?

An appeal fee of one hundred and ten (P110.00) pesos must be paid by the appellant to the Regional Arbitration

Branch, DOLE Regional Office or the POEA.

NLRC Proceedings: When is a bond required in an appeal?


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In case the decision of the Labor Arbiter, POEA Administrator and DOLE Regional Director or his duly authorized

hearing officer involves monetary award.

NLRC Proceedings: Can an appeal for decisions involving monetary award be perfected without posting a

bond?

An appeal by the employer shall be perfected only upon posting of a cash or surety bond issued by a reputable

bonding company duly accredited by the Commission or the Supreme Court in an amount equivalent to the monetary

award.

NLRC Proceedings: What is the period to resolve the appeal?

The appeal from the decision, order or reward of the Labor Arbiter and POEA Administrator shall be resolved by the

Commission within 20 calendar days from receipt of the answer of the appellee or upon the filing of the last pleading

or memorandum.

In case of an appeal from the decision of the DOLE Regional Director or his duly authorized hearing officer, it shall be

resolved within 10 calendar days.

Labor law and volunteerism in the churchVolunteerism or pro bono work is the essence of labor or service in the Church.Does the legalvinculum of employer-employee relationship legally exist as between a church volunteer and his

parish churchthat he serves as to make the parish church liable for damages under the Labor Codein respect of his alleged salaries and benefits? Below is an example of a labor case that I had

handled which involved precisely the same legal issue. Read the position paper and reply positionpaper that I had prepared in connection therewith for legal research purposes. Thus:

POSITION PAPERFOR THE RESPONDENTS

THE RESPONDENTS xxx PARISH CHURCH AND ITS PARISH PRIEST FR. Xxx respectfully state:

INTRODUCTION

1. This position paper is being submitted by the respondents to the Honorable Labor Arbiter in viewof the failure of the parties to reach an amicable settlement of the instant case.

2. The respondents xxx PARISH CHURCH, acting thus its parish priest, FR. Xxx, has executed aSpecial Power of Attorney (SPA) in favor of its duly authorized representatives xxx and xxx, who arepro bono servant-leaders of the Parish, empowering them to represent and act in behalf of therespondents in connection with the proceedings of the instant case, a copy of which is attached as

Annex A hereof.


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THE COMPLAINT

3. The pro forma complaint alleges that the complainant is an employed guard/Tanod of therespondent Church; that her alleged salary was P143.00/day; that she was allegedly employed onFebruary 2, 2009; and that she was allegedly dismissed on April 20, 2010.

4. As appearing on the lower part of the pro forma complaint, the causes of action alleged in thecomplaint are: (a) underpayment and/or nonpayment of salaries, (b) nonpayment of overtime pay,holiday pay, holiday premium, ECOLA, and night shift differential, and (c) illegal suspension (notdismissal).

5. The complaint is premised on the presupposition that an employer-employee relationshipallegedly existed between the parties.

ISSUES

6. The respondent HEREBY raise two (2) related legal issues:

6.1. WHETHER OR NOT A LEGAL AND BINDING EMPLOYER-EMPLOYEE RELATIONSHIP, ASDEFINED BY LAW AND EXISTING JURISPRUDENCE, VALIDLY EXISTED BETWEEN THEPARTIES; and

6.2. WHETHER OR NOT THE COMPLAINANT IS A MERE PRO BONO VOLUNTEER OF THEPARISH CHURCH ASSIGNED THERETO BY THE BARANGAY COUNCIL OF BARANGAY xxx OFxxx CITY AS PART OF THE MUTUAL RELATION OF HELP, ASSISTANCE, SUPPORT,RESPECT, COMITY AND GOODWILL BETWEEN THE BARANGAY AND THE PARISH FOR THECOMMON GOOD AND GENERAL WELFARE OF THE PARISHIONERS AND CONSTITUENTS OFBARANGAY xxx.

STATEMENTS OF FACTS

7. The complainant xxx is a BARANGAY VOLUNTEER POLICE VOLUNTEER (or a volunteerBarangay Tanod) of Barangay xxx, xxx City.

8. Attached is a copy of her ID No. xxx issued by Barangay Chairman xxx, marked as An nex Bhereof.

9. The Barangay xxx, under Chairman xxx, maintains a very close working institutional relationshipwith the Parish, the Parish Priest, the Parish Pastoral Council, and other mandated organizationswithin the Parish for the common good and the general welfare of the parishioners of the Parish andconstituents/voters of the Barangay.

10. One of the projects of the Barangay is to provide, detail or assign volunteer tanods to the Parishfrom time to time or as the need arises to help secure the safety of the perimeter, premises, facilitiesand properties of the Parish and to perform other volunteer work for the good of the Parish whetheror not such volunteer work is related to security, public safety, or law and order.


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11. The volunteers (including the complainant xxx) are themselves parishioners of the Parish andconstituents/voters of the Barangay and as such it is their moral duty to render the necessaryvolunteer or pro bono assistance to help the Parish and the Barangay attain their common statutoryand moral objectives for the common material and spiritual good and betterment of the quality of lifeof the parishioners and the constituents/voters therein.

12. Attached is a copy of a CERTIFICATION, dated June 21, 2010, issued by the BarangayAdministrator, Mr. xxx, to attest to the truth of the foregoing statements, marked as Annex Chereof.

13. The other Barangay volunteer police or volunteer Tanods who have been assigned or detailedby the Barangay to the Parish, together with the complainant xxx, know for a fact (and acknowledgeand admit) the voluntary and pro bono nature of their working relationship with and personal servicesto the Parish.

14. Attached is a copy of a recent joint CERTIFICATION (undated) signed by the five (5) otherBarangay volunteer police or volunteer Tanods, namely, xxx, xxx, xxx, xxx, and xxx, stating that theywere detailed or assigned by the Barangay to the Parish as volunteers, that they voluntarily render

their personal services to the Parish as pro bono volunteers, and that the Parish provides them withan allowance of P4,000.00/month for their voluntary services as an act of goodwill and compassionto them. The certification is marked as Annex D hereof.

15. As an act of goodwill, compassion and humanitarianism of the Parish, it provides the Barangayvolunteer police (volunteer Tanods) assigned or detailed by the Barangay to the Parish with anallowance of P4, 000.00/month out of the modest general fund of the Parish which is constituted byvoluntary donations or love offerings given by well-meaning parishioners who attend the regular andspecial Masses and other spiritual activities and projects of the Parish.

16. From February 2009 to June 5, 2010, the complainant xxx received the parish allowance forBarangay volunteer Tanods in the amount of P4, 000.00/month.

17. Attached is a copy of the CERTIFICATION, dated June 22, 2010, signed by the bookkeeper ofthe Parish, Ms. xxx, attesting to the foregoing statements, with copies of the cash vouchers signedby the complainant xxx to prove the fact of receipt by her of her monthly allowances, marked as

Annexes E to E-59" hereof.

DISCUSSION

18. The respondents humbly submit:

18.1. that no valid, legal or binding employer-employee relationship existed between the parties;

18.2. That the complainant knew and knows to this very day that she was a Barangay volunteer

police (volunteer Tanod) assigned or detailed by the Barangay to the Parish to render voluntaryservices to the Parish, pursuant to the legal and moral duty of the Barangay to maintain mutualinstitutional linkages and comity and support between the Barangay and the Parish in the interest ofthe community;

18.3. That she ought to be thankful for the compassionate and humanitarian allowances that hasprovided to her by the Parish, which had no legal duty in the first place, to compensate a voluntaryservice of a pro bono child of God, as if to serve and work for God and His Church is a materialisticand commercial livelihood;


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18.4. That she ought to be thankful for the spiritual formation and transformation, in the form ofMasses, Sacraments, and other Spiritual Blessings, that she has received from the Parish and theParish Priest in the course of her purely pro bono or voluntary relationship with and services to theParish;

18.5. That there is no legal and factual basis for the complainant to hold the respondents liable for

the money claims (salaries, holiday pay, overtime pay, leave benefits, ECOLA, etc.) alleged in thecauses of action part of her pro forma complaint;

18.6. That she knew that the Barangay may change her work detail or assignment at anytime andmay assign or detail her to any other place within the territory and jurisdiction of the Barangay in theinterest of public service;

18.7. That the Barangay and the Parish have not dismissed or suspended her; and

18.8. That no evidence exists to prove that she was hired or employed as a salaried probationary,casual, or regular employee of the Parish, either in the form of a memorandum of appointment,payrolls, pay slips, social legislation premiums (SSS, Pagibig, Philhealth, State Insurance Fund) orotherwise; and

18.9. That no evidence exists to prove that she was allegedly dismissed or suspended or thatadministrative disciplinary actions were taken against her by the Parish.

19. In the case of PEDRO CHAVEZ vs. NLRC, G.R. No. 146530, January 17, 2005, where thethreshold issue to be resolved was whether there existed an employer-employee relationshipbetween the respondent company and the petitioner, the elements to determine the existence of anemployment relationship were enumerated as follows: (1) the selection and engagement of theemployee; (2) the payment of wages; (3) the power of dismissal; and (4) the emp loyers power tocontrol the employees conduct. (See also: Perpetual Help Credit Cooperative Inc. vs. Faburada, GR121948, Oct. 8, 2001).

20. It was not the Parish who selected and engaged the complainant as a Barangay volunteer policeor volunteer Tanod.

20.1. She was screened, trained and accredited by the Barangay, who detailed her to the Parish torender voluntary security and non-security services to the Parish.

20.2. The compassionate humanitarian monthly allowances provided to her by the Parish were notsalaries or wages.

20.3. The Parish had no power of dismissal over her because she was not organic personnel of theParish.

20.4. She was a Barangay volunteer police or volunteer Tanod under the control, supervision and

direction of the Barangay.

20.5. The Parish had no power of administrative discipline over her, in the form of dismissal andother sanctions.

21. In the case of GLORY PHILIPPINES, INC. vs. BUENAVENTURA B. VERGARA and ROSELYNT. TUMASIS, G.R. No. 176627, August 24, 2007, it was held that there are three kinds of employeesas provided under Article 280 of the Labor Code:


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(1) regular employees or those who have been engaged to perform activities which are usuallynecessary or desirable in the usual business or trade of the employer;

(2) project employees or those whose employment has been fixed for a specific project orundertaking, the completion or termination of which has been determined at the time of theengagement of the employee or where the work or service to be performed is seasonal in nature and

the employment is for the duration of the season; and

(3) casual employees or those who are neither regular nor project employees.

22. The complainant does not fall within any one of the abovementioned legal categories.

23. The fact remains:

23.1. That she was a Barangay volunteer police (volunteer Tanod) under the direction and control ofthe Barangay who was detailed to the Parish to render voluntary security services and who renderedother kinds of voluntary services to the Parish other than security services, e.g. cleaning her nearbysurroundings or doing other minor errands when she was idle;23.2. That she could be detailed by the Barangay authorities anywhere else within the Barangay

jurisdiction at anytime as a Barangay volunteer police;

23.3. That she misunderstood the act of compassion of the Parish (i.e., allowance ofP4,000.00/month) as an act of hiring or employing or regularization;

23.4. That instead of expressing her gratitude to the Parish for providing her with compassionateallowances as a Barangay volunteer police (plus other kinds of spiritual formation supports) andinstead of initiating a humble dialogue and mediation meetings with the Parish and the Barangayauthorities before taking any external legal actions, she directly and maliciously commenced theinstant arbitrary and baseless labor suit against the Parish and the Parish Priest, thus, exposing theParish and its spiritual leaders and the Barangay to extreme public humiliation and mental anguish.

RELIEF

WHEREFORE, premises considered, it is respectfully prayed that that instant case be DISMISSEDfor utter lack of merit.FURTHER, the respondents respectfully pray for such and other reliefs as may be deemed just andequitable in the premises.Las Pinas City, June 25, 2010.

Xxx PARISH CHURHAND FR. xxxRespondents

By:

xxxAttorney in Fact


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xxxAttorney in Fact

VERIFICATIONAND

ANTI-FORUM SHOPPING CERTIFICATION

WE, xxx, of legal age, married, Filipino, and with postal address at Convento, xxx Parish Church, xxxSt., xxx Village, xxx, xxx City, and/or xxx, of legal age, married, Filipino, and with postal address atBarangay xxx, xxx Village, xxx, xxx City, state: That we are the attorneys in fact of the abovenamedrespondents in the abovecaptioned pending labor case; That we caused the preparation thereof; thatwe have read its contents; and that the same are true and correct of my own direct personalknowledge.

Further, pursuant to Rule 7 of the 1997 Rules of Civil Procedure and existing Supreme Courtcirculars, we hereby certify that we have not heretofore commenced any other action or proceedinginvolving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal oragency; that to the best of our knowledge, no such action or proceeding is pending in the Supreme

Court, the Court of Appeals, or any other tribunal or agency; and that if we should hereafter learnthat other similar or related actions or proceedings has been filed or is pending before the SupremeCourt, the Court of Appeals, or any other tribunal or agency, we undertake to report that fact withinfive (5) days therefrom to this court.

xxx City, xxx, 2010.

xxxAttorney-in-Fact

xxxAttorney in Fact

ACKNOWLEDGMENT

BEFORE ME in xxx City on xxx, 2010 personally appeared the abovenamed attorney/s in fact of therespondents in the abovecaptioned pending labor case, with their respective Official IDs as indicatedabove, who are known to me and to me known to be the same persons who executed the foregoingverification and anti forum shopping certification as part of the foregoing position paper in theabovecaptioned pending labor case, and who attested to me that the same is their free act and

deed.

Notary Public

Doc. No.Page No.


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Book No.Series of 2010

REPLY POSITION PAPERFOR THE RESPONDENTS

THE RESPONDENTS xxx PARISH CHURCH AND ITS PARISH PRIEST FR. xxx, represented bytheir undersigned attorneys-in-fact, respectfully state:

24. At the outset, it must be noted that pro forma complaint states that the complainant was allegedlydismissed on April 20, 2010. In her causes of action, the complainant claimed, inter alia, illegalsuspension (not dismissal). And yet, contradicting herself, in the relief part of her main positionpaper, the complainant prays that a finding of illegal dismissal be declared in her favor.

25. The complaint is erroneously premised on the wrong assumption that an employer-employee

relationship existed between the partiesa matter which the respondents have vehementlyopposed and controverted in their position paper I chief.

26. The respondents raised two (2) legal issues in their main position paper, thus:

26.1. WHETHER OR NOT A LEGAL AND BINDING EMPLOYER-EMPLOYEE RELATIONSHIP, ASDEFINED BY LAW AND EXISTING JURISPRUDENCE, VALIDLY EXISTED BETWEEN THEPARTIES; and

26.2. WHETHER OR NOT THE COMPLAINANT IS A MERE PRO BONO VOLUNTEER OF THEPARISH CHURCH ASSIGNED THERETO BY THE BARANGAY COUNCIL OF BARANGAY xxx OFxxx CITY AS PART OF THE MUTUAL RELATION OF HELP, ASSISTANCE, SUPPORT,RESPECT, COMITY AND GOODWILL BETWEEN THE BARANGAY AND THE PARISH FOR THECOMMON GOOD AND GENERAL WELFARE OF THE PARISHIONERS AND CONSTITUENTS OFBARANGAY xxx.

27. The respondents hereby raise a third related issue by way of reaction to the position paper inchief of the complainant, thus:

WHETHER OR NOT THE COMPLAINANT WAS SUSPENDED OR DISMISSED BY THE PARISHAS A PARISH EMPLOYEE OR WAS SHE RELIEVED BY THE BARANGAY AS A BARANGAYPOLICE VOLUNTEER (TANOD) FROM HER DETAIL IN THE PARISH.

28. The respondents hereby adopt hereto, by incorporation and reference, all the allegations,arguments and jurisprudential citations stated in their main position paper, more particularly the

following previously alleged facts, thus:

28.1. The complainant xxx is a BARANGAY VOLUNTEER POLICE VOLUNTEER (or a volunteerBarangay Tanod) of Barangay xxx, xxx City. (See a copy of her ID No. xxx issued by BarangayChairman xxx, Annex B, Position Paper for Respondents).

28.2. The other Barangay volunteer police or volunteer Tanods who have been assigned or detailedby the Barangay to the Parish, together with the complainant xxx, know for a fact (and acknowledgeand admit) the voluntary and pro bono nature of their working relationship with and personal services


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to the Parish. (See their joint CERTIFICATION (undated) signed by the five (5) other Barangayvolunteer police or volunteer Tanods, namely, xxxxxxxxxxxxxxx, stating that they were detailed orassigned by the Barangay to the Parish as volunteers, that they voluntarily render their personalservices to the Parish as pro bono volunteers, and that the Parish provides them with an allowanceof P4,000.00/month for their voluntary services as an act of goodwill and compassion to them. Thedocument was marked as Annex D of the main position paper for the respondents).

28.3. As an act of goodwill, mercy, compassion and humanitarianism of the Parish, it provides theBarangay volunteer police volunteer Tanods assigned or detailed by the Barangay to the Parish withan allowance of P4, 000.00/month out of the modest general fund of the Parish which is constitutedby voluntary donations or love offerings given by well-meaning parishioners who attend the regularand special Masses and other spiritual activities and projects of the Parish.

28.4. From February 2009 to June 5, 2010 (sicthe date should be May 22, 2010), the complainantxxx received the parish allowance for Barangay volunteer Tanods in the amount of P4,000.00/month. (See the CERTIFICATION, dated June 22, 2010, of the bookkeeper of the Parish,Ms. xxx, with the various cash vouchers signed by the complainant xxx [and the other volunteers],marked as Annexes E to E-59" of the main position paper for the respondents).

28.5. No valid, legal or binding employer-employee relationship existed between the parties. Thecomplainant knew that she was a Barangay volunteer police (volunteer Tanod) assigned or detailedby the Barangay to the Parish to render voluntary services to the Parish, pursuant to the legal andmoral duty of the Barangay to maintain mutual institutional linkages and comity and support betweenthe Barangay and the Parish in the interest of the general welfare of the community;

28.6. There is no legal and factual basis for the complainant to hold the respondents liable for themoney claims (salaries, holiday pay, overtime pay, leave benefits, ECOLA, etc.) alleged in thecauses of action part of her pro forma complaint;

28.7. That the complainant knew that the Barangay may change her work detail or assignment atanytime, or may assign or detail her to any other place within the territory and jurisdiction of theBarangay in the interest of public service, or may relieve, suspend, or dismiss her as a barangaypolice volunteer or Tanod at any time by reason of the voluntary nature of her status as a Barangaypolice volunteer or Tanod; and

28.8. No evidence exists to prove that she was hired or employed as a salaried probationary,casual, or regular employee of the Parish, either in the form of memorandums of appointment,payrolls, pay slips, social legislation premiums (SSS, Pagibig, Philhealth, State Insurance Fund) andothers.

29. The doctrine held in the case of PEDRO CHAVEZ vs. NLRC, G.R. No. 146530, January 17,2005, enumerates the elements to determine the existence of an employment relationship asfollows: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the powerof dismissal; and (4) the employers power to control the employees conduct. (Citing: Perpetual Help

Credit Cooperative Inc. vs. Faburada, GR 121948, Oct. 8, 2001).

29.1. In the instant case, it was not the Parish which selected or engaged the complainant as aBarangay volunteer police or volunteer Tanod. She was screened, trained and accredited by theBarangay, who detailed her to the Parish to render voluntary security and non-security services tothe Parish. The compassionate humanitarian monthly allowances provided to her by the Parish werenot salaries or wages in the concept of an employed worker. The Parish had no power of dismissalover her because she was not organic personnel of the Parish. She was a Barangay volunteer policeor volunteer Tanod under the control, supervision and direction of the Barangay. The Parish had no


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power of administrative discipline over her in the form of dismissal and other sanctions.

30. The doctrine pronounced in the case of GLORY PHILIPPINES, INC. vs. BUENAVENTURA B.VERGARA and ROSELYN T. TUMASIS, G.R. No. 176627, August 24, 2007, enumerates the three(3) kinds of employees as provided under Article 280 of the Labor Code: (1) regular employees orthose who have been engaged to perform activities which are usually necessary or desirable in the

usual business or trade of the employer; (2) project employees or those whose employment hasbeen fixed for a specific project or undertaking, the completion or termination of which has beendetermined at the time of the engagement of the employee or where the work or service to beperformed is seasonal in nature and the employment is for the duration of the season; and (3) casualemployees or those who are neither regular nor project employees. In the instant case, thecomplainant does not fall within any one of the abovementioned legal categories.

31. For the record, and in support of the foregoing statements, attached to the original copy of thisreply position paper is the original copy of the CERTIFICATION, dated August 9, 2010, issued by theBarangay Administrator and the Chairman of the Committee on Peace and Order of Barangay xxx,xxx City, marked as Annex A hereof, which, inter alia, states:

31.1. That during the assignment by the Barangay of the complainant xxx as a Barangay Police

Volunteer in the xxx Parish Church to help secure its premises, the complainant had lost twice thesecurity logbook of the parish and that she was caught sleeping on duty by the respondent parishpriest, for which reason the Barangay suspended her from April 19, 2010 to April 23, 2010;

31.2. That for humanitarian reasons the complainant was again given by the Barangay anothercharitable chance to continue serving her post as Volunteer Tanod assigned in the Church from April24, 2010 to May 23, 2010; and

31.3. That on May 25, 2010 the complainant was re-assigned and re-called by the Barangay fromthe Church due to the aforecited infractions and incidents.

32. To stress: xxx was not dismissed or suspended but was in fact recalled and re-assigned bythe Barangay from the Parish as a Volunteer Tanod -- which act the Brgy may do moto proprio on itssound discretion. The Barangay in effect disciplined her based on the reports of neglect of duty. Theparish was not the one which relieved, recalled, or reassigned her from the Church. To use the worddismissed or suspended connotes the existence of employer-employee relationship which is notthe case here. The Church did not suspend or dismiss her. The Barangay recalled, relieved, andreassigned her. A Volunteer Tanod is always subject to the management prerogatives and sounddisciplinary discretion and powers of the Barangay hierarchy, of which she is an organic part as aVolunteer Police or Tanod.

33. A final point. The National Labor Relations Commission (NLRC) or the Department of Labor andEmployment (DOLE) have NO JURISDICTION over the instant case because no employer-employee relationship exists between the Parish and the complainant. The legal relationship(vinculum) of the complainant, as Barangay police volunteer (Tanod), was legally and factually linked

to the Barangay and not to the Parish. The Barangay is a local government unit (LGU) as defined inthe Local Government Code of 1991 and the Administrative Code of 1987. All work-related issuesand actions which directly or indirectly partake of the nature of a labor suit involving personsconnected to or found within the composite structure or hierarchy of an LGU, such as the Barangay,must be properly filed with and commence in the Office of the Mayor, the Sangguniang Panglunsod,the proper district or regional offices of the Department of Interior and Local Government (DILG) orof the Civil Service Commission (CSC), as the case may be and depending on the nature of thesuits. These governmental entities have exclusive and original jurisdiction over such kinds of actions.


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WHEREFORE, premises considered, it is respectfully prayed that that instant case be DISMISSEDfor lack of jurisdiction and for utter lack of merit.FURTHER, the respondents respectfully pray for such and other reliefs as may be deemed just andequitable in the premises.xxx City, xxx, 2010.

xxxx PARISH CHURHAND FR. xxxRespondents

By:

xxxAttorney in Fact

Xxx

Attorney in Fact

VERIFICATION

WE, xxxx, of legal age, married, Filipino, and with postal address at Convento, xxx Parish Church,XXXXXXXXXXX, xxx City, and/or xxxx, of legal age, married, Filipino, and with postal address atXXXXXXXXXXXXXXX, , xxx City, state: That we are the attorneys in fact of the abovenamedrespondents in the abovecaptioned pending labor case; That we caused the preparation thereof; thatwe have read its contents; and that the same are true and correct of my own direct personalknowledge.

xxx City, xxx, 2010.

xxxxAttorney-in-Fact

xxxAttorney in Fact

SUBSCRIBED and sworn to before me in xxx City on xxx 2010.

Notary Public

Doc. No.Page No.


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Book No.Series of 2010

Notes for Position Paper

Documents

Transcript of Notes for Position Paper