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Republic of the Philippines

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
Quezon City

HON. MICHELLE P. PAGTALUNAN


Room 321, Bookman Building

JAYSON ANDALLION HOLGADO,


Complainant,

- Versus - NLRC LAC NO. 03-


001129-17

MAKABAYAN MANPOWER /
MCBRIDE CORPORATION /
IMELDA B. MINGAY / LUIS KE /
HARVEY KE,
Respondents.
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MANIFESTATION
AND MOTION TO RESET

COME NOW, the RESPONDENTS, in the above-entitled


case, by and through the Undersigned Counsel and unto this
Honorable Office, most respectfully manifest and move:

1. That respondents through counsel has already filed


on time a Petition dated August 18, 2017 before the Court of
Appeals appealing said decisions of the Honorable Commission
reversing the decision of the Honorable the Labor Arbiter. Copy
of the first page and the proof of copy furnished portion of the
Petition are hereto attached as Annexes “A” and “A-1”.

2. That by virtue of the petition timely filed, the


decision of the Honorable National labor Relation Commission
reversing the decision of the Honorable Labor Arbiter is not
yet final and executory, hence the motion for execution filed by
the complainant is still premature;

3. That there is recognized doctrine that where a timely


appeal or petition was filed, the execution of the questioned
decision must be held in abeyance in order to give respect to
the higher Court and not to pre-empt whatever decision the
Higher Court may render in the instant case;

4. On the other hand, the respondents through the


undersigned counsel received a notice of hearing setting the
pre execution conference of the instant case to Sept. 28, 2017
at 1100 A.M. however, prior to the receipt of the said notice,
the undersigned counsel had already been committed to appear
in Crim. Case entitled People of the Philippines V. Dale John
Bandalan and Magdaleno Bandalan before the Honorable
Regional Trial Court, Branch 81, Malolos City, Bulucan, thus,
the undersigned seeks resetting of the said pre-execution
conference from Sept. 28, 2017 at 11:00 to October 5, 2017 at
10:00 A.M;
P R A Y E R

WHEREFORE, premises considered, it is respectfully


prayed of the Honorable Commission that this Manifestation be
noted and that the pre execution conference scheduled on
Sept. 28, 2017 at 11:00 be rest preferably to October 5, 2017
at 10:00 A.M;

Respondents pray for other reliefs and remedies just and


equitable under the premises.

City of Manila for Quezon City, September 22, 2017.

ATTY. ROMEO N. BARTOLOME


Counsel for the Respondents
Unit 2-C, 2nd Floor, Dahlia Tower
Suntrust Parkview Condominium
No.181 N. Lopez St., Ermita, Manila
IBP No.1006009/1-05-17/Mla.
PTR No. 6003227/1-05-17/Mla.
Roll No. 37717
MCLE Compliance No. V-0003125
July 25, 2014

E X P L A N A T I O N

This is to certify as an officer of the court that a copy of


this MANIFESTATION AND MOTION was served, not by
personal service but through registered mail due to time
constraint, distance and lack of manpower.
ATTY. ROMEO N.
BARTOLOME

Copy furnished:

ATTY. LISETTE A. MANDOCDOC


Counsel for the Complainant
DOJ-Public Attorney’s Office
6th Flr. Justice Cecilia Munoz Palma Hall,
1101 Diliman, Quezon City