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To: Mr. Ben Nay

From: Cecile Romero, Attorney at Law

Date: November 30, 2015

RE: Illegal dismissal and Money claims

Dear Mr. Nay,

In this letter, I will provide you with my legal opinion and analysis so you canmake a qualified decision regarding the charges you want to file. I will firstrestate the facts, as I know them, to confirm their accuracy. Next, I will provide you with an explanation of the law as it applies in your case, and lastly, give you my opinion on whether you have grounds for filing the cases.

You were engaged by Fr. Ramon to maintain and keep the church and its immediatepremises clean as well as water the plants and the landscape at the church's facade. For these tasks, you were paid P200 per day by for 7 years now. However, one day you run a fever and was unable to do your regular tasks. Fr. Ramon got upon mad seeing the church filled with dust and dirt and the plants all dried up.While you were indisposed, he replaced you with another person to do your assigned tasks. So when you reported back to the church, you were told that your services were no longer needed and consequently dismissed. You were then told that no

employer-employee relationship existed between you, therefore, not a labor casecould be instituted against him or the church.

The first query is whether you have a cause of action against Fr. Ramon. Definitely, you have a cause of action. Illegal dismissal presupposes a termination from service without just or authorized cause. Your dismissal arose from your failure to report to church and do the tasks assigned to you notwithstanding your incapacity of doing so due to an illness; this was neither a just or authorized cause under our Labor laws.

Secondly, you are an employee of Fr. Ramon of San Pedro Church. He engaged yourservices to keep the church and the surrounding area well-maintained and was paid a daily wage of P200. He had the power to dismiss you which is the reason for

this consultation in the first place.

Thirdly, you may file a case against Fr. Ramon over which the Labor Arbiter hasjurisdiction since this is a termination dispute.

And, forth, as an employee you are entitled to service incentive leave pay equivalent to 5 days with pay for every year of service, a 13th month pay cannot beavailed of in establishments which employ 10 or less number of workers and so isthe payment of wage differentials.

To establish your claims and substantiate an illegal dismissal case, we must prove that there exists an employer-employee relationship between you and Fr. Ramon. We have already established that the tests to determine whether you have an em

ployer -employee relationship which are present in this case.To this end, we need proof that while no written contract was made for your engagement as an employee, the oral agreement was done expressly.We also need to present your payment slips or anything to that effect, That Fr. Ramon dismissed you from work withoutjust cause when in fact a medical certificate could be produced to validate your illness. Finally, and most importantly, we must establish that Fr. Ramon directed the means of your work and the method by which you did them. Only then shallwe be able to convince the labor Arbiter that you were illegally dismissed andentitlted to the benefits claimed.

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I will work with and for you in creating a strong case in your favor if you so choose.

Please do not hesitate to call me with any questions you may have. Also, if there are any misstatements of fact in this letter it is important that you contactme when possible. Again, it was a pleasure meeting you and I look forward to your call.

Most Sincerely,

Cecile Romero