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    Motion for execution

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    MOTION for EXECUTION Cordova

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    Motion for execution

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    29 views2 pages

    MOTION For EXECUTION Cordova

    Uploaded by

    Teodoro Jose Bruno
    Motion for execution

    Copyright:

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

    Republic of the Philippines

    Department of Labor and Employment


    NATIONAL LABOR RELATIONS COMMISSION
    REGIONAL ARBITRATION BRANCH NO. IV
    2nd Floor, Hectan Commercial Center Building
    National Highway cor. Chipeco Avenue
    Halang, Calamba City
    ROWEN A. CORDOVA
    Complainant,
    -versus- NLRC CASE NO. RAB-IV-08-09071-21-P
    WILCON DEPOT INC./MATIMCO
    Respondent/s,
    x--------------------------------------------------x.

    MOTION FOR EXECUTION OF JUDGMENT

    The complainant, through the undersigned Public Attorney, to this Honorable Office,
    most respectfully moves for the execution of judgment rendered in the above-captioned case
    and in support thereof avers that:

    1. On October 28, 2022, a decision was rendered by this Honorable Office, the
    dispositive part of which is quoted hereunder as follows:
    xxxxxx

    “WHEREFORE, premises considered, judgment is hereby rendered, finding


    complainant to be an employee of respondent MASA, Inc. and was illegally dismissed from
    employment. Accordingly, MASA, Inc. is ordered to pay complainant as follows:

    1. Full backwages from the date he was illegally dismissed until finality of this
    Decision tentatively computed as of the date hereof;
    2. Separation pay in lieu of reinstatement computed at one (1) month salary for every
    year of service, a fraction of six (6) months to be considered as one (1) year from
    date of hire until finality of this Decision, tentatively computed as of the date
    hereof; and
    3. Attorney’s fees equivalent to ten (10%) percent of the total monetary award payable
    to the Public Attorney’s Office, pursuant to Section 16-D of R.A. 9406 and Section
    35 of its Implementing Rules and Regulations.

    All other claims are dismissed for lack of merit.


    SO ORDERED.”
    xxxxxxx

    2. The Public Attorney’s Office (PAO) received a copy of the aforesaid Decision on
    May 8, 2023;

    3. No notice of appeal nor any pleading was received by either the complainants or
    the undersigned counsel up to this date even as it can be fairly assumed that copies of the
    decision were simultaneously released for and received by the parties in this case. Neither did
    the respondents pay or take steps to satisfy the award in favor of herein complainants. Thus,
    for all intents and purposes, the decision has already become final and executory and the
    issuance of a Writ of Execution is thereby warranted.

    1
    PRAYER
    WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
    Office that a Writ of Execution be issued. Other reliefs, just and equitable, under the premises
    are likewise prayed for.

    RESPECTFULLY SUBMITTED.

    This _____ day of May 2023, at Puerto Princesa City, Palawan, for Calamba City.

    PUBLIC ATTORNEY’S OFFICE


    Department of Justice
    By:

    TEODORO JOSE M. BRUNO III


    Public Attorney I
    Roll No. 76013
    MCLE Compl. No.: VII-0025203
    IBP No. 265336; 01/03/2023; Palawan
    Pursuant to R.A. 9406

    NOTICE AND COPY FURNISHED

    THE RECEIVING CLERK


    Regional Arbitration Branch No. IV, NLRC-DOLE
    2nd Floor, Hectan Commercial Center Building
    National Highway cor. Chipeco Avenue
    Halang, Calamba City

    GREETINGS:

    Please submit the foregoing Motion for Execution to the Honorable Labor Arbiter for
    his consideration and approval without further oral arguments.
    Thank you.
    ATTY. TEODORO JOSE M. BRUNO III

    ATTY. MILLICENT L. SIM-ASUNCION


    Asuncion & Associates
    Counsel for the Respondents MASA
    #4 Briones St., BF Homes, Brgy. Holy Spirit, Quezon City
    SIR/MA’AM:

    Please take notice that the undersigned counsel is submitting the foregoing Motion for
    Execution to the Honorable Labor Arbiter for his consideration and approval without further
    oral arguments.

    Thank you.
    ATTY. TEODORO JOSE M. BRUNO III

    CERTIFICATION/EXPLANATION

    This is to certify that the foregoing Motion for Execution of Judgment was served to
    the respondents by registered mail since personal service and filing is impractical due to
    geographic reasons, financial constraints, and lack of sufficient personnel of the PAO.

    ATTY. TEODORO JOSE M. BRUNO III


    2

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