Labor arbiter: PDAF witness was not Napoles’ employee

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Labor arbiter: PDAF witness was not Napoles’ employee
Will it have bearing on her testimony? NLRC decision shows there is 'no employer-employee relationship' between state witness Merlina Suñas and alleged scam mastermind Janet Napoles
MANILA, Philippines – There is no employee-employer relationship between alleged pork barrel scam mastermind Janet Lim Napoles and Merlina Suñas, who has claimed that she worked for her and has turned state witness against her.
This was contained in a 9-page decision by the National Labor Relations Commission (NLRC), which dismissed the illegal dismissal case filed by Suñas and her daughter against Napoles.
Napoles’ lawyer Dennis Buenaventura confronted Suñas with this document as she testified on the alleged scam before the anti-graft court Sandiganbayan on Thursday afternoon, September 11.
“As no employer-employee relationship between the parties have been established, the issue of illegal dismissal and other monetary claims of the Complainants have no leg to stand on,” the NLRC ruled.
Signed by Labor Arbiter Lilia Savari, the decision was issued on July 29, 2014.
In her testimony Thursday morning, Suñas said she received around P4 million as commission from Napoles over a period of more than a decade.
Napoles’ lawyer, however, countered the witness’ claim by quoting from the NLRC decision, showing that she received commissions of P2 million annually.
Suñas merely expressed doubts about the authenticity of the document. Her lawyer Dominic Garen confirmed that the labor case was dismissed but said it had no bearing on the PDAF cases before the Sandiganbayan.
Dismissed claims
Suñas and her daughter Lorielyn Martinez filed charges for constructive illegal dismissal, non-payment of salaries, service incentive leave pay, retirement benefits, illegal suspension, damages, and attorney’s fees against Napoles, who they claim to be their former boss.
Napoles allegedly still owes Suñas P1.6 million ($36,438)*, given her monthly salary of P45,000 and yearly commission of P2 million ($45,547). 
Suñas said she worked as an account executive for Napoles since 1998 until September 2012 – first under the trade name Jo-Chris Trading, and then later on in the year 2000 under the JLN Corporation.
JLN Corporation is said to be the mother corporation of several non-governmental organizations that Napoles used as dummies in her illegal transactions with government. These enabled her to siphon off millions in lawmakers’ Priority Development Assistance Fund (PDAF).
Napoles allegedly paid government officials, including opposition senators Juan Ponce Enrile, Ramon “Bong” Revilla Jr, and Jose “Jinggoy” Estrada, who are now facing plunder and graft charges with her over the PDAF scam. 
Claiming to be tired of intolerable corruption as an employee who merely followed the orders of her boss, Suñas later on joined whistleblower Benhur Luy in revealing to authorities details about the scam.
Forged ID?
As proof of her employment with Napoles, Suñas presented to the NLRC her identification card with Napoles’ company.
The labor commission found the card to be dubious, however, noting the difference between Napoles’ signature in her position paper and her signature as shown in the card.
“Whereas, the signature of Merlina P. Suñas and the purported signature of Janet L. Napoles in the Identification Cards of Complainant Merlina P. Suñas have similarity in stroke particularly the beginning letter,” read NLRC’s decision.
The NLRC ruled that the amount Suñas claims from Napoles “are earnings in her business dealings and not as an employee nor account executive.”
Napoles’ camp argued that Suñas was merely the alleged scammer’s “long-time friend” and not her employee.
The NLRC likewise noted that Suñas described her contributions to the Social Security System as “voluntary,” and her PhilHealth Member Data Record indicates that she has no employer. – Rappler.com
*US$1 = P43.91

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