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Republic of the Philippines

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City

SIXTH DIVISION

IROSE T. MALUNHAO, RAYMART A.


BONSATO, FE C. EIMAN, HELEN D.
DELA VEGA, ELVIE I. AGSAULIO,
RONALYN C. MANGUBAT, JEZA R.
PEPITO, PILIPINA E. BRIOL, and
OMEGA N. BOLAÑOS,
Complainants-Appellants,

- versus - NLRC LAC NO. 12-004429-18


NLRC-NCR Case No. 05-08766-18

SURGILINK ENTERPRISES AND


PHARMACY/JOYCE ANN MEDINA
LOPEZ,
Respondents-Appellees.
x-------------------------------------------------------x

COMMENT
(To Respondents-Appellees’ Motion for Reconsideration
dated 06 February 2019)

COMPLAINANTS-APPELLANTS, by counsel, to this Honorable


Commission, Sixth Division, by way of a Comment to respondents-
appellees’ Motion for Reconsideration, dated 06 February 2019, most
respectfully set forth the following:

TIMELINESS OF THE COMMENT

On 11 February 2019, the complainants-appellants, through counsel,


received a copy of the respondents-appellees’ Motion for Reconsideration
dated 06 February 2019. The complainants-appellants have ten (10) days
from receipt within which to comment. Thus, the filing of the instant
Comment (To Respondents-Appellees’ Motion for Reconsideration dated 06
February 2019) on or before 21 February 2019 is well within the
reglementary period of ten (10) days given by the Rules.
DISCUSSION/ARGUMENTS

With all due respect, respondents-appellees’ arguments in their Motion


for Reconsideration are nothing but complete and total rehash of what they
have already presented in the proceedings before the Labor Arbiter and this
Honorable Commission. The same, upon appeal, were already squarely and
judiciously passed and ruled upon in the 28 December 2018 Decision of this
Honorable Commission. Hence, the said motion must be immediately
denied.

It must be emphasized that the purpose of a motion for


reconsideration is to point out the findings and conclusions of this
Honorable Commission which to the views of the respondents-appellees are
not supported by law and evidence on record.

It bears mentioning that an examination and evaluation of the


evidence on record would reveal that the respondents-appellees had failed to
show in their motion a clear ground that would warrant a reversal or even
just a modification of the assailed Decision.

To repeat, the issues and arguments put forward in respondents-


appellees’ Motion for Reconsideration are mere reiteration or, at most,
amplifications of the baseless allegations in their pleadings that were
submitted before this Honorable Commission. The same, as stated above,
were already discerned and sensibly passed upon in the assailed Decision.

Hence, there is no cogent reason to disturb, modify, alter, or reverse


the Honorable Commission’s findings and conclusions found in the assailed
Decision.

PRAYER

WHEREFORE, in view of all the foregoing, it is most respectfully


prayed of this Honorable Commission that, after due consideration, the
Motion for Reconsideration, dated 06 February 2019, filed by the
respondents-appellees, including their prayer for injunction, be immediately
DENIED for utter lack of merit.

Other reliefs just and equitable under the premises are likewise prayed
for.

Quezon City. 18 February 2019.

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Legal Advocates for Workers’ INterest
(L A W I N)
Counsel for the Complainants-Appellants
Room 206, Jiao Building
No. 2 Timog Avenue, Quezon City
Email address: lawin2setusfree@yahoo.com
Telefax (02) 373-18-44

ERNESTO R. ARELLANO
PTR No. 7324117; 01-03-19; Quezon City
IBP No. 058465; 01-03-19; CALMANA
ROLL No. 22660
MCLE No. V-0011875; Issued 11-11-15; Until 04-14-19

JASPER C. BALBOA
PTR No. 2889428; 01-31-19; Mandaluyong City
IBP Receipt No. 071584; 01-30-19; Manila I
ROLL No. 63288
MCLE Compliance No. V-0019823
valid from 04/20/2016 until 04/14/2019

RENATO B. BORLASA
PTR No. 7324118; 01-03-19; Quezon City
IBP No. 058466; 01-03-19; Quezon City
ROLL No. 65855
MCLE Compliance No. VI-0002758
7 July 2017; Until 14 April 2019

Copy furnished: (by registered mail)

SURGILINK ENTERPRISES AND


PHARMACY/JOYCE ANN MEDINA
LOPEZ
1658 Rizal Avenue, Sta Cruz, Manila NCR
1000 and/or 1748 Rizal Avenue, Brgy. 337,
Zone 034, Sta. Cruz, Manila 1000

Page 3 of 4
EXPLANATION

This Comment (To Respondents-Appellees’ Motion for


Reconsideration dated 06 February 2019) was filed in this Honorable
Commission, and a copy thereof was served to the opposing parties, by
registered mail due to distance, time constraint, and lack of office personnel
who can render the preferred personal filing and service.

ERNESTO R. ARELLANO

JASPER C. BALBOA RENATO B. BORLASA

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