Geraldine Vinas, the Human Resource Officer of Abas Farm & Trucking Services, provided testimony in an affidavit regarding a labor case filed by Hermino Zayas against the company. She stated that Zayas was not dismissed but rather stopped coming to work after finding another job. She paid him his mid-year bonus when he came to collect it. Vinas asserted that Zayas was known to be absent frequently and cause problems for other employees. The company did not replace Zayas or issue him notices of any violations while waiting for his return.
Geraldine Vinas, the Human Resource Officer of Abas Farm & Trucking Services, provided testimony in an affidavit regarding a labor case filed by Hermino Zayas against the company. She stated that Zayas was not dismissed but rather stopped coming to work after finding another job. She paid him his mid-year bonus when he came to collect it. Vinas asserted that Zayas was known to be absent frequently and cause problems for other employees. The company did not replace Zayas or issue him notices of any violations while waiting for his return.
Geraldine Vinas, the Human Resource Officer of Abas Farm & Trucking Services, provided testimony in an affidavit regarding a labor case filed by Hermino Zayas against the company. She stated that Zayas was not dismissed but rather stopped coming to work after finding another job. She paid him his mid-year bonus when he came to collect it. Vinas asserted that Zayas was known to be absent frequently and cause problems for other employees. The company did not replace Zayas or issue him notices of any violations while waiting for his return.
Geraldine Vinas, the Human Resource Officer of Abas Farm & Trucking Services, provided testimony in an affidavit regarding a labor case filed by Hermino Zayas against the company. She stated that Zayas was not dismissed but rather stopped coming to work after finding another job. She paid him his mid-year bonus when he came to collect it. Vinas asserted that Zayas was known to be absent frequently and cause problems for other employees. The company did not replace Zayas or issue him notices of any violations while waiting for his return.
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Republic of the Philippines
Department of Labor and Employment
NATIONAL LABOR RELATIONS COMMISSION Regional Arbitration Branch No. 10 Cagayan de Oro City
HERMINO D. ZAYAS, ET. AL.,
Complainants, NLRC CASE NO. -versus- RAB-10-12-00867-2017
ABAS FARM & TRUCKING
SERVICES, RODOLFO K. ABAS,OWNER, Respondents. x--------------------------------------------/
AFFIDAVIT OF WITNESS
(Affiant GERALDINE L. VINAS was advised to answer the questions
asked of her, fully aware that she does so under oath, and informed that she may face criminal liability for false testimony or perjury and understood thereof.)
I. WITNESS
This is the Affidavit of Witness of Geraldine Vinas, of legal age,
Filipino, single and a resident of Agripino Neri Sr. St., Tablon, Cagayan de Oro City, presently employed as Human Resource Officer at ABAS FARM & TRUCKING SERVICES.
II. LAWYER
This Affidavit is taken before ATTY. DAN PATRICK S. GARCIA at
2/F, Consortium Bldg., Corrales Extension, Cagayan de Oro City.
III. STATEMENT
The witness is answering the questions asked of her, fully conscious
that she does so under oath and that she may face criminal liability for false testimony or perjury. The witness fully understands English.
IV. PURPOSE OF TESTIMONY
The purposes of the testimony of affiant are as follows:
1. To state the truthful and actual occurrence of the events involved in this instant case; 2. To prove that complainant herein was not illegally dismissed, and he was always expected to return anytime he wants; 3. To testify on other relevant matters.
Legend: Q – Question and A – Answer
Q. Do you swear to tell the truth and nothing but the truth? A. Yes.
Q: Why are you here in our office?
A: I am here to execute my Affidavit to stand as witness for ABAS FARM & TRUCKING SERVICES (ABAS FARM) in a complaint filed by HERMINO D. ZAYAS before the Labor Arbiter of Regional Arbitration Branch 10 which is designated as RAB-10- 12-00867-2017.
Q: Do you know Hermino D. Zayas who is the complainant of this
case? A: Yes.
Q: Why do you know him?
A: Because he is also an employee of Abas Farm where I am currently working.
Q: Since when have you been working with Abas Farm?
A: Since November 13, 2012
Q: What is your position in the company?
A: Human Resource Officer
Q: As Human Resource Officer, what are your duties and
responsibilities with the Abas Farm? A: I am the one in charge in the hiring and supervision of employees, purchase order issuance and among others, all with the prior approval of the owner Rodolfo K. Abas.
Q: As HR do you have any record of Hermino D. Zayas
A: All I can remember is that he has no application record but he have his Bio-data, because his entry was a mere verbal agreement.
Q: A:
Q: What is Hermino Zayas’ position in Abas Farm?
A: He worked as a security guard?
Q: How was Hermino Zayas as an employee of Abas Farm?
A: Honestly, as an HR of the company, I could positively say that he has flaws in his character. He is hardheaded and usually causes a problem in the company.
Q: Can you please elaborate why would you say that Hermino Zayas is hardheaded and usually cause problems in the company and other employees? A: He is always absent as he is the one who decides when to work or not. It causes difficulty to other employees especially those of the same position whom should be taken over or substituted by him. In fact sometime in June 2017, when he was asking for his mid-year bonus, it was not released to him and likewise for the rest of us employees of Abas Farm because it was still on process at that time. That was the time he told me that he will not work for Abas anymore because he will look for another job as he badly needs money at that time.
Eventually, during the time of the release of the mid-year bonus,
I called and informed him that the money is available already in my office and he eventually went to my office and get his bonus and salary.
Q: After he took the money, what happened next, if any?
A: I asked him when will he come back to work and he told me that he is no longer interested to work because he has already found a new job.
Q: As HR of the company, do you remember having issued a notice
unto Hermino D. Zayas explaining any of his acts? A: No. We have not issued any notice because we expected him to return. As before, we have known him to leave his post without asking permission and just return when he wants to. He is by the way a friend of Robert Abas, a son of the owner.
Q: Are you aware of the fact that Hermino Zayas was dismissed by your employer? No. He was definitely not dismissed by our employer. If it is true that he was dismissed by the owner, I will be the first person to know of that decision. He was not actually dismissed. In fact we, including our manager/owner contacted him for multiple of times for him to get back with his post. And we have waited for his return. We were just surprised when there is this instant complaint.
Q: Knowing that Hermino Zayas manifested his intention of not
coming back when he personally told you that he was no longer interested to go back to work, did you hire another employee for his replacement? A: No. Until we obtained knowledge that Hermino Zayas already filed a case against Abas Farm, we did not look for any replacement. Meanwhile, his post was assumed by his other co- workers on rotation basis such as available Truck Helpers or Truckmen.
Q: If you will be required to bring documents to substantiate your
statement that you released his subject mid-year bonus, will you be able to bring it? A: Yes sir.
Q: A:
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Q: I have no more questions to ask, is there anything you want to
add or retract from your statement? A: Nothing more as of this moment.
Q: Did you voluntarily answer the question asked of you in this
affidavit? A: Yes.
Q: A:
. I HEREBY CERTIFY to the truthfulness of the above-testimony based on my own personal knowledge and that I am fully conscious and aware that I am executing the same under oath and will face criminal liability for false testimony.
GERALDINE L. VINAS Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
_______________in the City of Cagayan de Oro, Philippines.
Doc. No. __ Page No. __ Book No. __ Series of 2018.
ATTESTATION
I HEREBY ATTEST AND CERTIFY that I have faithfully recorded or
caused to be recorded the questions asked and the corresponding answers that the aforesaid witness gave and that neither I nor any other person then present or assisting him/her during the preparation of this Affidavit coached the witness regarding the latter’s answer.
ATTY. DAN PATRICK S. GARCIA
SUBSCRIBED AND SWORN to before me this _____ day of
____________________ in the City of Cagayan de Oro, Philippines.
