Jar-GRLDINE V.

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.
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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.

Jar-GRLDINE V.

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Republic of the Philippines

Department of Labor and Employment

HERMINO D. ZAYAS, ET. AL.,

ABAS FARM & TRUCKING

(Affiant GERALDINE L. VINAS was advised to answer the questions

This is the Affidavit of Witness of Geraldine Vinas, of legal age,

This Affidavit is taken before ATTY. DAN PATRICK S. GARCIA at

The witness is answering the questions asked of her, fully conscious

IV. PURPOSE OF TESTIMONY

The purposes of the testimony of affiant are as follows:

Legend: Q – Question and A – Answer

Q: Why are you here in our office?

Q: Do you know Hermino D. Zayas who is the complainant of this

Q: Why do you know him?

Q: Since when have you been working with Abas Farm?

Q: What is your position in the company?

Q: As Human Resource Officer, what are your duties and

Q: As HR do you have any record of Hermino D. Zayas

Q: What is Hermino Zayas’ position in Abas Farm?

Q: How was Hermino Zayas as an employee of Abas Farm?

Eventually, during the time of the release of the mid-year bonus,

Q: After he took the money, what happened next, if any?

Q: As HR of the company, do you remember having issued a notice

Q: Knowing that Hermino Zayas manifested his intention of not

Q: If you will be required to bring documents to substantiate your

Q: I have no more questions to ask, is there anything you want to

Q: Did you voluntarily answer the question asked of you in this

SUBSCRIBED AND SWORN to before me this ____ day of

I HEREBY ATTEST AND CERTIFY that I have faithfully recorded or

ATTY. DAN PATRICK S. GARCIA

SUBSCRIBED AND SWORN to before me this _____ day of

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