Republic of the Philippines Department of Labor and Employm Employment ent NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. III City of San Fernando, Pampanga
KMM-KATIPUNAN, DEXTER A. LORENA and AMELIA L. AZURIN,
Complainants, - versus -
NLRC CASE NO. RAB-III-07-23067-15 08-23121-15
J.L METALS CORPORATION, MR. SHOLAND LIM, a.k.a JIEYI CHEN, AND MR. JAMES LIM, a.k.a YI HONG LIN-OWNER,
Respondents. x---------------------------------------------x URGENT EX-PARTE MOTION TO RELEASE GARNISHED AMOUNT REPRESENTING COMPLAINANTS’ JUDGMENT AWARDS COMPLAINANTS, by counsel, to this Honorable Office, most
respectfully state, that: 1.
On 28 October 2016, acting on the appeal filed by the
complainants, the Sixth Division of the National Labor Relations Commission Commission (NLRC) issued its DECISION, the dispositive portion of which reads: “WHEREFORE, the appeal is GRANTED IN PART. Complainant Amelia L. Azurin is declared to have voluntarily resigned from work. Complainant Dexter A. Lorena was not dismissed from work; neither did he resign from his job. As such, both parties must be placed on equal footing and must bear its own loss. Respondents are hereby directed to reinstate Dexter A. Lorena to his former or equivalent position. Complainant Amelia Azurin is ENTITLED to service incentive leave pay, 13th month pay, and maternity leave benefits. Complainant Dexter Lorena is likewise ENTITLED to service incentive leave pay, 13th month pay and salary differentials. differentials. Page 1 of 4
SO ORDERED.
Quezon City, Philippines.” Philippines.”
2. The computation the judgment award appearing the aforementione aforementioned d DECISION andof is now forming part of theisrecord of thisincase; 3. From the above mentioned DECISIO DECISION, N, both parties filed their respective motions for reconsideration reconsideration and, on 29 December 2016, the NLRC, Sixth Division, issued its Resolution, the dispositive portion of which reads: “WHEREFORE, both parties’ motions are hereby DENIED for lack of merit. SO ORDERED.
Quezon City, Philippines.” Philippines.” 4. Consequently Consequently,, an Entry of Judgment was issued by the Honorable Commission, Commission, Sixth Division, dated 03 April 2017, certifying that, pursuant to the Rules of the Commis Commission, sion, its RESOLUTION, dated 29 December 2016, affirming the DECISION, dated 28 October 2016, has become final and executory on 03 February 2017 and was recorded in the Book of Entries of Judgments and the complainants filed a Motion for Execution thereof, dated 15 May 2017. 5.
Respondents, until the present date, have not submitted and
served the Report of Compliance with respect to the REINSTATEMENT of complainant DEXTER A. LORENA. 6. Thus, complainant DEXTER A. LORENA filed, through counsel, a MOTION FOR RECOMPUTATION, dated 03 January 2018, to seek the satisfaction of his accrued salaries and benefits; 7. Subsequently Subsequently,, acting on the Order of this Honorable Office, the Sheriff of this Honorable Office garnished an amount pertaining to the judgment award award of herein complainants. complainants.
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PRAYER WHEREFORE, in view of all the foregoing, it is most respectfully
prayed of this Honorable Office that aan nO Order rder be im immediately mediately issued directing the responsible officer to release the check representing the judgment award of complainant Amelia L. Azurin and partial satisfaction of the recomputed accrued salaries benefits of complainant Lorena but to, without prejudice to theand latter’s latter’s right to ask for Dexter furtherA.entitlement and recomputation of, his accrued salaries until the respondents reinstate him to his former position without loss of seniority rights. Other reliefs just and equitable under the premises are likewise prayed for. Quezon City for the City of San Fernando, Pampanga, 12 February 2018.
LAWIN (Legal Advocates for Workers’ INterest)
Counsel for the Complaina Complainants nts Room 206, Jiao Building 2 Timog Avenue, Quezon City Email address: address:
[email protected] [email protected] Telefax (02) 373-18-44
ERNESTO R. ARELLANO
PTR No. 5521327; 01-04-18; Quezon City IBP No. 020231; 01-04-18; CALMANA ROLL No. 22660 MCLE No. V-0011875; Issued 11-11-15; Until 04-14-19
JASPER C. BALBOA
PTR No. 2723758; 01-18-18; Mandaluyong City IBP No. 025213; 01-10-18; Manila I ROLL No. 63288 MCLE Compliance No. V-0019823 valid from 04/20/2016 until 04/14/2019
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RENATO B. BORLASA
PTR No. 5521328; 01-04-18; Quezon City IBP No. 022944; 01-03-18; Quezon City ROLL No. 65855 MCLE Compliance No. VI-0002758 7 July 2017; Until 14 April 2019 Copy Furnished: by registered mail ATTY. ROLANDO C. SALONGA
Counsel for the Respondents Isetann Cinerama Complex C.M. Recto Avenue corner Quezon Blvd., Quiapo, Manila EXPLANATION
Due to the distance involved, constraint of time and the lack of messengers availableEX-PARTE to render the preferred personal service, copy of the foregoing URGENT MOTION TO RELEASE GARNISHED JUDGMENT AMOUNT REPRESENTING COMPLAINANTS’ AWARDS was served on the adverse party through registered mailed.
ERNESTO R. ARELLANO
RENATO B. BORLASA
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