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Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION


Regional Arbitration Branch
Cebu City

EFREN R. FANO, ELMER C. LAUREL,


and JOEL ELORDE, NLRC RAB – VII-CASE NO-01-0152-14

LEO P. ESTOMAGO, NLRC RAB-VII-02-0524-14


NLRC CASE NO. VAC-08-000430-2014
Complainants,
CA-G.R.SP NO. 09030
-versus-

KAKUGI HOME INDUSTRIES ( KHI), JOSE MORALES,


VISAYAN SURETY & INSURANCE CORP.- Bonding Company
Respondents.
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MOTION FOR WRIT OF EXECUTION

Complainants, through the undersigned counsel and unto this


Honorable Office most respectfully states that:

1. On June 30, 2014, this Honorable Office rendered a Decision of the above-
mentioned case. The Dispositive portion stated to wit:

WHEREFORE, judgment is hereby rendered DISMISSING the


complaint for illegal dismissal. However, we find that Complainants are
entitled to their monetary claims. Respondents are hereby ordered to
pay complainants the total aggregate amount of PESOS: FOUR
HUNDREN SEVENTEEN THOUSAND FOUR HUNDRED SIXTEEN AND
00/100 ( PHP417,416.00).

Copy of the Decision is hereto attached as Annex A.

2. Respondents KAKUGI HOME INDUSTRIES (KHI), JOSE MORALES


appealed the afore-quoted decision in the NATIONAL LABOR RELATION
COMMISSION (NLRC) SEVENTH DIVISION and it posted a Supersedeas
Bond No. JCL (15)-HO-000564 together with Visayan Surety & Insurance
Corp. where they firmly bound themselves unto the above-named
complainants for the faithful performance of the judgment after it has become
final. Hence, Visayan Surety & Insurance Corp. is impleaded as respondent
due to its undertaking to be bound for the faithful performance of the judgment
after it has become due and final.

A copy of the posted supersedeas bond is hereto attached as Annex B

3. On September 30, 2014, NLRC SEVENTH DIVISION, rendered the


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Appealed Decision. The Dispositive portion of the decision stated as follows:


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WHEREFORE, premises considered, respondents appeal is hereby
PARTIALLY GRANTED. The decision appealed from is AFFIRMED WITH
MODIFICATION reiterating the validity of complainant’s termination
from employment on the ground of closure or cessation of business
operations, but finding serious business losses in favor of respondents,
thereby deleting the award of separation pay, and adjusting the amount
of nominal damages to pay complainants their salary differentials,
service incentive leave pay to complainant Leo Estomago and
P10,000.00 for each complainant as nominal damages or the aggregate
amount of P105,352.00

A copy of the Decision is hereto attached as Annex B.

4. Aggrieved with the above decision, Complainants sought a Motion for


Reconsideration of the above decision. However, NLRC Seventh Division
upheld its earlier decision and denied the Motion for Reconsideration filed by
the Complainants.

A copy of the Decision of their Motion for Reconsideration is hereto


attached as Annex C

5. Complainants brought an action before the Court of Appeals to overturn the


Decision of the NLRC Seventh Division via a Petition for Certiorari under Rule
65 of the Rules of Court. However, the Court of Appeals issued a DECISION
on January 20, 2017 which affirmed the Decision of the NLRC Seventh
Division in toto. Said Decion was received by the Complainants through the
undersigned counsel on February 8, 2017. The Dispositive portion of the
Decision stated as follows:

WHEREFORE, the petition is denied for lack of merit. The Decision


dated September 30, 2014 and Resolution dated November 20, 2014
rendered in NLRC Case No. VAC-08-000430-14 of the Seventh Division of
the NLRC are AFFIRMED in toto.

A copy of the Decision is hereto attached as Annex D.

6. From the time the above Decision was received by the Complainants
through the undersigned counsel which was on February, 8, 2017, no motion
for reconsideration was ever filed within the reglementary period to contest the
aforesaid decision of the Court of Appeals and no further appeal was made by
either parties. Hence, the afore-stated decision became final and executory.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that


a WRIT OF EXECUTION be issued by this Honorable Office for the execution
of the bond posted by the Respondents for the satisfaction of the modified
decision which awarded Complainants the aggregate amount of P105,
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352.00. Other reliefs consistent with law, justice, and equity are likewise
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prayed for.
Respectfully submitted.

March 17, 2017. Cebu City Philippines.

( COUNSEL FOR THE COMPLAINANT)


RM. 303 ANICETA BLDG., OSMENA BLVD., CEBU CITY
IBP NO. 1053040;12/20/16-CY 2017;CEBU PROVINCE CHAPTER
PTR NO. 13259587;12/20/16-CY 2017;CEBU PROVINCE
ROLL OF ATTORNEYS NO. 61786
MCLE COMPLIANCE NO. V-0006494 VALID UNTIL 4/14/2019
TEL NO. 254-8455

The Regional Arbitration Branch Clerk


RAB VII, Cebu City

Greetings:

Please submit the foregoing Motion to Hon. LA MILAGROS B.


BUNAGAN-CABATINHAN the Honorable Court immediately upon receipt for
its due consideration and let the matter be heard on May 12, 2017.

Thank You.

ISIDRO L. SARONA JR.

Copy furnished:

ATTY. MANUELITO S. INSO


ATTY. JOHANNES B. OLA
4/F Cebu CFI Community Cooperative Bldg.
Capitol Compound Cebu City

VISAYAN SURETY & INSURANCE CORP.


Unit 1403, 14/F Keppel Center, Samar Loop
Cor. Cardinal Rosales Ave., Cebu Business Park Cebu City

EXPLANATION: Copy of the Motion was furnished thru mail due to


distance and lack of office staff to effect personal service.
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