Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City
MARITES P. AMABAO AND
FRANCISCO A. AMABAO,
Complainants,
-versus-

NLRC CASE NO. NCR-05-06289-15

Hon. L.A. Gaudencio P. Demaisip, Jr.

EVERGOOD FOOD PRODUCT/

ALEX S. LAO,
Respondents.
x--------------------------------------------x
MOTION FOR THE ISSUANCE OF WRIT OF EXECUTION
COMPLAINANTS, MARITESS P. AMABAO and FRANCISCO
A. AMABAO, by counsel, to this Honorable Office, respectfully state that:
1.
On 23 November 2015, Honorable Labor Arbiter Gaudencio P.
Demaisip, Jr. rendered a decision in this instant case, the dispositive portion
of which reads:
WHEREFORE, premises considered, this
Office finds complainants were illegally dismissed
and hence, the respondent Corporation should pay
the complainants of their backwages and
separation pays in the total of P404,417.80.
Respondents Evergood Food Product shall
likewise pay complainants unpaid wages and the
differential, differentials in 13th month pays and
five (5) days service incentive leave pay, holiday
pay and NSD for the last three (3) years of their
employment, the computation of which is hereto
attached as Annex A.
Other claims are however dismissed for lack
of merit.

SO ORDERED.
Quezon City, Philippines, November 23,
2015.
2.
A copy of the 23 November 2015 Decision of this Honorable
Office is attached hereto, and made an integral part hereof, as Annex A;
3.
Respondents interposed their appeal on 16 February 2016 with
the corresponding motion to reduce appeal bond. However, respondents
posted their appeal bond in the measly amount of One Thousand Pesos
(P1,000.00) only;
4.
Accordingly, on 31 March 2016, the Honorable National Labor
Relations Commission (NLRC), Sixth Division, issued a Resolution on
respondents appeal and motion to reduce bond, the dispositive portion of
which reads:
WHEREFORE, premises considered, the
instant appeal is hereby dismissed for nonperfection and the corresponding motion to reduce
bond is hereby denied.
SO ORDERED. 31 March 2016
Quezon City, Philippines.
5.
Verily, the decision in favor of the complainants is now final
and executory even as non-perfection of the respondents appeal and motion
to reduce appeal bond were judiciously passed upon by the Sixth Division of
the NLRC. Moreover, there was no showing that respondents moved for the
reconsideration of the said 31 March 2016 Resolution;
6.
There being no temporary restraining order (TRO) and/or
preliminary injunction issued by the higher authority to stop any
concomitant execution proceedings, complainants hereby move for the
immediate conduct of a pre-execution conference. Complainants further
move that in the event of respondents refusal to pay the judgment award as
stated in the subject DECISION, a Writ of Execution be issued at once
directing the Honorable Sheriff to enforce the writ and collect from the
respondents the monetary awards as stated in the 23 November 2015
Decision of this Honorable Office.

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Office that a pre-execution conference be immediately
conducted. In case the respondents refuse to pay the judgment award
amounting to NINE HUNDRED THIRTY THREE THOUSAND SEVEN
HUNDRED SIXTY FIVE PESOS and NINETY CENTAVOS
(P933,765.90) as appearing in the 23 November 2015 Decision, it is
likewise prayed that a Writ of Execution be immediately issued directing the
Honorable Sheriff to enforce the writ and collect from the respondents the
monetary awards accordingly adjudged in favor of the complainants.
Complainants further pray for such other relief deemed just and
equitable under the premises.
Quezon City, 23 May 2016.
LAW I N
(Legal Advocates for Workers INterest)
Counsel for the Complainant
Room 206, Jiao Building
2 Timog Avenue, Quezon City
Email address: lawin2setusfree@yahoo.com
Telefax (02) 373-18-44

ERNESTO R. ARELLANO
PTR No. 2182255; 01-08-16; Q.C.
IBP No. 1022740; 01-07-16; CALMANA
ROLL No. 22660
MCLE No. IV-0017780; 22 April 2013

CATHERINE G. DELA CRUZ

PTR No. 0875755; 02-16-16; San Juan
IBP No. 1026635; 01-25-16; Or. Mindoro
ROLL No. 63694
MCLE COMPLIANCE No. V-0005493; 14 January 2015

COPY FURNISHED: by registered mail

ATTY. JOSELITO A. COMETA
Counsel for the Respondents
175 Quirino Highway, Baesa, Quezon City
EXPLANATION
Due to the distance involved, constraint of time, and lack of
messengers available to render the preferred personal service, a copy of the
foregoing MOTION FOR THE ISSUANCE OF WRIT OF
EXECUTION were served on the other parties through registered mailed.

ERNESTO R. ARELLANO

CATHERINE G. DELA CRUZ