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Republic of the Philippines
National Labor Relation Commission
Regional Abritration Branch 23
Makati City
MICKEY T. MICE
Complainant
Rab Case : 125348
-versus-
For : Illegal Dismissal
BANNER DISNEYLAND, INC. (BDI) /
Respondents
x----------------------------------------x
JUDICIAL AFFIDAVIT
MICKEY T . MOUSE
This Judicial Affidavit of Mickey T. Mouse, the respondents, is executed to serve as his direct testimony in the instant case.
This Judicial Affidavit is being offered to prove:
A) All the allegations in the complaint including all annexes appended thereto and which were already marked as exhibits during the Pre-Trial of this case.
B) All other related matters, facts, and circumstances relevant and material to this case.
This Judicial Affidavit was taken at the Office of Atty. Tazmanian O. Devile at Unit 888, BDI Tower, 555, Happyland Village, Makati City.
Questions were propounded by Atty. Tazmanian O. Devile and these questions are numbered consecutively and each question is followed by the answer of the witness.
1. Do you swear to tell the truth and nothing but the truth?
Yes, I do.
2. Are you aware that you may face criminal liability for false testimony or perjury if you will not tell the truth?
I am.
3. Please state your name, address and occupation?
I am Mickey T. Mouse, 28 years old, married, and residing at 315, Homeland Subdivision, Makati City.
4. Are you the same Mickey T. Mouse, the complainant here?
Yes.
5. Do you know the respondent in this case? BANNER DISNEYLAND, INC.?
Yes, my employer.
6. What is your position in BDI?
I am an assistant clerk.
7. What is your working schedule with BDI?
Monday to Friday only.
8. Is there any unusual incident?
Yes.
9. What is that unusual incident?
When I reported for work I was informed that Im terminated immediately.
10. When was that?
Last August 01, 2014.
11. What happened next?
Mr. Winnie T. Pooh my supervisor handed me the letter.
12. What was written in the letter?
That I am terminated immediately and should leave the premises as soon as possible.
13. Why did your employer terminate you?
I was on leave for three days without approval from my supervisor Mr. Winnie T. Pooh
14. What did you do then?
I tried calling the HR Group but to no avail.
15. Why did you call the HR Group?
To inquire if they can assess my written explanation.
16. What did the HR Group do?
Nothing sir.
17. You mention about a letter, if I where to show you a document will you be able to identify it?
Yes.
18. Can you check this letter document?
Yes.
19. Is that the letter you received from your supervisor?
Yes, this is the same letter that was handed to me by Mr. Winnie T. Pooh.
20. Will you be amenable to attach the document and be marked as an annex A?
Yes.
21. What did you do after calling your HR Group?
I consulted a lawyer.
22. Why did you consult a lawyer?
To file a case.
23. What did you after that?
Proceeded to NLRC.
24. Do you have anything more to say?
No more.
MICKEY T. MOUSE
Affiant
SIGNED and SWORN TO BEFORE ME, this 24th of October, 2014 in the City of Makati, affiant exhibiting his Passport with Passport No. 586321 issued on December 01, 2014 at City of Manila.
Doc No. 1
Page No. 3
Book No. 7
Series of 2014
Atty/ Tazmanian O. Devile
Devile & Donald Law Office
Roll No. 1235844
IBP No. 253658
PTR No.451245
MCLE Compliance No. 125569
ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding answers that the witness gave and that neither I nor any other person present or assisting me has coached the witness regarding the latter's statement.
ATTY. TAZMANIAN O. DEVILE
SIGNED and SWORN TO BEFORE ME, this 24th of October, 2014 in the City of Makati, affiant exhibiting his Passport with Passport No. 586321 issued on December 01, 2014 at City of Manila.
Doc No. 1
Page No. 4
Book No. 7
Series of 2014
Copy Furnished:
Office of the City Public Prosecutor
Makati City
Date: August 1, 2014
BANNER DISNEYLAND, INC. (BDI)
To Employee:
Mickey T. Mouse
This letter is to inform you of the termination of your contract of employment with the company due to your several days of unauthorized absences.
You are to immediately leave the business premises.
Your personal effects from your work area will be collected within the day and temporarily stored in the company storage.
You have until tomorrow (August 2, 2014) to collect your personal effects or the company will dispose of them.
Have a nice day.
Mr. Winnie T. Pooh
Supervisor