Motion To Lift Garnishment (6.8.21)

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY
RODOLFO JATICO SALTING JR.

Complainant,
-versus-
GLOBALTRONICS, INC. NLRC-NCR Case No. 02-

Respondent. 03313-18
x-------------------------------------------------------------------------------------------
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MOTION
(To: Lift Garnishment Order)
Respondent GLOBALTRONICS, INC. (“Respondent”, for brevity),

through the undersigned counsel, most respectfully avers that:
1. On 19 August 2019, Honorable Labor Arbiter Ann M. Morales-

Sapasap promulgated a Decision for the instant case, the dispositive portion
which states:
“WHEREFORE, in view of the foregoing, complainant

Rodolfo J. Salting, Jr. is found to have been constructively
dismissed and respondent Globaltronics, Inc. is hereby ordered
to pay complainant his separation pay and backwages until the
finality of this Decision, which is partially computed to this
date in the amount of P126,000.00 and P587,790.00
respectively.
Respondent is further ordered to pay complainant his

proportionate 13th month pay in the amount of P29,155.00 and
attorney’s fees in the amount of P74,294.50…xxx”
2. On 24 September 2018, Respondent filed an Appeal, which was

subsequently denied in a Decision dated 19 November 2018 rendered by the
NLRC Sixth Division.
3. Consequently, upon motion of the Complainant RODOLFO

JATICO SALTING JR (“Complainant”, for brevity), the Honorable Labor
Arbiter issued a Writ of Execution dated 27 December 2018 (“Writ”, for
2
brevity), directing the Honorable Office’s Sheriff, Marc Cyrus P. Cruz

(“Sheriff Cruz”, for brevity), to demand payment from Respondent, in favor
of the Complainant, the amount of the judgment obligation. The pertinent
portion of the Writ provides:
“NOW THEREFORE, you are hereby commanded to

collect in accordance with Section 9, Rule IX of the 2011
NLRC Rules of Procedure, as amended, the amount of ONE
MILLION TWO THOUSAND TWO HUDRED THIRTY
SEVEN PESOS AND 94/100 (PhP1,042,237.94) from
Respondent GLOBALTRONICS, INC. with address at 349
Ortigas Avenue., Brgy. Wack Wack, Mandaluyong City or
were it may be found within the Philippines, representing
complainant’s judgment award pursuant to the Decision dated
November 19, 2018, and to deposit the same to the NLRC
Cashier for proper disposition.
Further, collect from the above-mentioned respondent the

execution fee in the amount of PhP9,920.00 and deposit fee of
PhP5,231.19 pursuant to the Manual Execution.
…xxx
4. Pursuant to the Sheriff’s Initial Report dated 28 August 2019 of

Sheriff Cruz, a Notice of Garnishment (“NOG”) was served to the following
financial instituions, namely: BDO, Metrobank, RCBC, and Security Bank.
5. Sheriff Cruz then received Metrobank’s reply stating that

Respondent “has sufficient account to cover the judgment award in the total
amount of One Million Fifty Seven Thousand Three hundred Eight Nine and
13/100 (P1,057,389.13).”
6. In addition to Metrobank, Complainant’s bank, BDO –

Arranque Branch was also furnished with a copy of the NOG by Sheriff
Cruz, with the following details:
Account Name Globaltronics, Inc.

Address 494 Lt. Artiaga Street, San Juan,
Metro-Manila, Philippines 1500
Bank Name Banco De Oro
Bank Address 733 T. Alonzo Street, Sta. Cruz,
Manila
Account No. 002610008941
(“Subject BDO Account”)

3
7. On 11 October 2019, the Honorable Office issued an Order, and

which was further amended through its Order dated 21 October 2019, both
of which the dispositive portion reads:
“IN VIEW OF THE FOREGOING, METROBANK,

through its responsible officers, is directed to release to the
NLRC Cashier, thru Sheriff Marc Cyrus P. Cruz, the garnished
amount of PhP1,057,389.13 (ONE MILLION FIFTY SEVEN
Thousand THREE HUNDRED EIGHTY NINE AND 13/100),
representing the monetary judgment award (subject to
withholding of tax) and legal fees in this case, and for the
Sheriff to deposit the same to the NLRC Cashier.
SO ORDERED.”
7.1. Copies of the 11 and 21 October 2019 Orders of

the Honorable Office are attached hereto as ANNEXES “1”
and “2” and made integral parts hereof.
8. Despite the foregoing successful garnishment of Respondent’s

Metrobank account covering the full satisfaction of the judgment award, the
garnishment order against the Subject BDO Account, has not been lifted.
9. Thus, in view of the foregoing, as there is no longer any legal

reason for the continuous withholding of the Subject BDO Account,
Respondent, through the undersigned counsel, humbly moves for the lifting
of the garnishment against BDO – Arranque Branch.
10. The foregoing Motion is prompted solely by the foregoing

reasons and to protect the rights and interests of Respondent, and is not in
any way intended to delay the execution proceedings of the instant case.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the

Honorable Court ISSUE an Order directing the Sheriff to LIFT the
garnishment order agaisnt BDO – Arranque Branch, for the Subject BDO
Account.
Other reliefs, just and equitable under the premises, are likewise
prayed for.
San Juan City, Metro Manila for Quezon City, 9 June 2021.
4
ADARLO CAOILE & ASSOCIATES1

Counsel for Respondent Globaltronics, Inc.
Suites 2403 and 2501 The Atlanta Centre
31 Annapolis Street, Greenhills 1502
San Juan City, Metro Manila
Tel. Nos. (632) 8723-1241 * (632) 8723-3041
E-mail: [email protected]
By:
MARIA FLORITA A. CRUZ

Roll of Attorney No. 48236
IBP No. 137374; 1/04/2021; Bulacan
PTR No. 1475930; 1/04/2021; San Juan, M.M
MCLE Compliance No. VI – 0026334; May 08, 2019
ARVIN EDUARD H. CRUZ

Roll of Attorney No. 73525
IBP No. 137383; 01/04/2021; Quezon City
PTR No. 1475939; 01/04/2021; San Juan, M.M.
Admitted to the Bar on 20 June 2019
NOTICE and COPY FURNISHED:
PARAS & MANLAPAZ Lawyers - by courier/electronic email

Unit 1402 BDO Equitable Tower
8751 Paseo De Roxas, Makati City
Branch Manager - by courier/electronic email

BDO- Arranque Branch
733 T. Alonzo Street
Sta. Cruz, Manila
1
The MCLE Compliance Nos. of Attys. Genesis M. Adarlo and Vicente O. Caoile, Jr., the named partners
of the Firm, herein counsel for the Petitioner, are 0021215 and 0029416 respectively.
5
Greetings:
Please be advised that the foregoing Motion will be submitted for the
consideration and approval of the Honorable Office immediately upon
receipt thereof.
EXPLANATION
Pursuant to the provisions of the Revised Rules of Court, copies of the

foregoing Motion were served upon the foregoing party and filed with the
Honorable Office, by private courier and/or electronic mail instead of
personal service and filing, due to COVID-19 concerns, time constraints,
distance, lack of sufficient messengerial manpower, and limited public
transportation available during the MECQ.

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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

RODOLFO JATICO SALTING JR.

GLOBALTRONICS, INC. NLRC-NCR Case No. 02-

Respondent GLOBALTRONICS, INC. (“Respondent”, for brevity),

1. On 19 August 2019, Honorable Labor Arbiter Ann M. Morales-

“WHEREFORE, in view of the foregoing, complainant

Respondent is further ordered to pay complainant his

2. On 24 September 2018, Respondent filed an Appeal, which was

3. Consequently, upon motion of the Complainant RODOLFO

brevity), directing the Honorable Office’s Sheriff, Marc Cyrus P. Cruz

“NOW THEREFORE, you are hereby commanded to

Further, collect from the above-mentioned respondent the

4. Pursuant to the Sheriff’s Initial Report dated 28 August 2019 of

5. Sheriff Cruz then received Metrobank’s reply stating that

6. In addition to Metrobank, Complainant’s bank, BDO –

Account Name Globaltronics, Inc.

(“Subject BDO Account”)

7. On 11 October 2019, the Honorable Office issued an Order, and

“IN VIEW OF THE FOREGOING, METROBANK,

7.1. Copies of the 11 and 21 October 2019 Orders of

8. Despite the foregoing successful garnishment of Respondent’s

9. Thus, in view of the foregoing, as there is no longer any legal

10. The foregoing Motion is prompted solely by the foregoing

WHEREFORE, premises considered, it is respectfully prayed that the

ADARLO CAOILE & ASSOCIATES1

MARIA FLORITA A. CRUZ

ARVIN EDUARD H. CRUZ

NOTICE and COPY FURNISHED:

PARAS & MANLAPAZ Lawyers - by courier/electronic email

Branch Manager - by courier/electronic email

ARVIN EDUARD H. CRUZ

Pursuant to the provisions of the Revised Rules of Court, copies of the

ARVIN EDUARD H. CRUZ

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