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  • EMIA MOTION May 24 2019

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    MrSuckeragi
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    The complainant filed a motion for execution of a compromise settlement reached with the respondent. The motion details how the complainant complied with the order to provide proof of service by sending the settlement computations and documents to the respondent via private carrier LBC. The complainant requests that after 30 days if no confirmation is received from the respondent, the commission amount outlined in the settlement be ordered to be paid and the case be closed. Attached are annexes providing details of the delivery through LBC.

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    MOTION

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    EMIA MOTION May 24 2019

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    The complainant filed a motion for execution of a compromise settlement reached with the respondent. The motion details how the complainant complied with the order to provide proof of service by sending the settlement computations and documents to the respondent via private carrier LBC. The complainant requests that after 30 days if no confirmation is received from the respondent, the commission amount outlined in the settlement be ordered to be paid and the case be closed. Attached are annexes providing details of the delivery through LBC.

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    © All Rights Reserved
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    16 views2 pages

    EMIA MOTION May 24 2019

    Uploaded by

    MrSuckeragi
    The complainant filed a motion for execution of a compromise settlement reached with the respondent. The motion details how the complainant complied with the order to provide proof of service by sending the settlement computations and documents to the respondent via private carrier LBC. The complainant requests that after 30 days if no confirmation is received from the respondent, the commission amount outlined in the settlement be ordered to be paid and the case be closed. Attached are annexes providing details of the delivery through LBC.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 2

    Republic of the Philippines

    Department of Labor and Employment


    NATIONAL LABOR RELATIONS COMMISSION
    Sub-Regional Arbitration Branch No. VII
    Dumaguete City
    - - - oOo - - -

    KENT E. EMIA,
    Complainant, NLRC SRAB VII-06-0076-18-D

    Versus

    FERJAN HEALTHLINK K.
    ENTERPRISE – WITH JANER
    FERARER AS OWNER AND
    CARVIN MARABULAS AS
    SUPERVISOR,
    Respondents.
    X-------------------------/

    MOTION FOR EXECUTION OF JUDGEMENT


    BASED ON COMPROMISE SETTLEMENT

    COMPLAINANT, through undersigned counsel, unto this Honorable Court, most


    respectfully states that:

    On April 10, 2019, the complainant through counsel received an Order dated
    March 29,2019 stating that proof of service must first be shown before the com-
    promise order can be executed.

    However, in the original MOTION JUDGEMENT BASED ON COMPROMISE SETTLE-


    MENT, it should be noted that a copy of the motion along with the attached an-
    nexes and documents were already furnished to the respondent by registered
    mail. Evidenced by the registered mail receipt - “copy furhished” “Reg. Receipt
    No. RD 91094080722/12-18-18.”

    However, in compliance of the Order for proof of service, the complainant sent
    the documents for computation to the respondent via private carrier, namely LBC,
    the LBC transaction number is 1267 63861124 with the following information:

    The computations and documents were sent to the respondent’s address:


    FERJAN HEALTHLINK K. ENTERPRISES, B13 L1 PHLOX COR. ROSE ST. CAMELLA
    HOMES, ALABANG, PUTUTAN, MUNTINLUPAY CITY, METRO MANILA.
    - Accepted by LBC on April 12, 2019 at Dumaguete
    - Received at Muntinlupa-Taguig delivery team
    - Released to company representative Ariel Abool

    1
    Hereby Attached:
    - Annex “A” – Copy of the LBC official receipt
    - Annex “B” – Copy of the Electronic printout of the transaction record/track-
    ing number details

    PRAYER

    WHEREFORE, in view of the foregoing it is most respectfully prayed of this


    honorable office that after due consideration of the total amount due according
    to the terms of the compromise settlement and after confirmation by the respon-
    dent, or if there should be failure of communication of confirmation by the re-
    spondent after 30 days or as much time be deemed proper by the discretion of
    this honorable office, that the respondent be ordered to pay the commission
    amount according to the terms of the compromise settlement, and thereafter the
    complainant be ordered to submit his Quitclaim after payment is made, and that
    the case thereafter be deemed closed and terminated with both parties abandon-
    ing all the claims against each other, complainant also prays for any other statu-
    tory benefits and awards as may be deemed appropriate by law or equity;

    Respectfully Submitted;

    Dumaguete City, _____________, 2019.

    YAP-SITON LAW OFFICE


    Counsel for the Complainant
    nd
    2 Floor, Gemini Building, Real Street, 6200 Dumaguete City
    Negros Oriental, Philippines
    Tel. No. (035)422-8306
    By:

    FRANCIS GEORGE S. YAP


    Attorney’s Roll No. 70652 – June 28, 2018
    PTR No. 1961419 / 06.21.2017 / Dumaguete City
    Issued at IBP National Office, Pasig City

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