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Republic of the Philippines

Department of Labor and Employment
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
(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.

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a MOTION FOR RECOMPUTATION.” 2. Respondents.” 4. to seek the satisfaction of his accrued salaries and benefits. acting on the Order of this Honorable Office. dated 15 May 2017. pursuant to the Rules of the Commission. Philippines. Sixth Division. its RESOLUTION. 5. dated 28 October 2016. Sixth Division. the NLRC. 3. on 29 December 2016. dated 03 April 2017. Quezon City. LORENA filed. SO ORDERED. dated 29 December 2016. Subsequently. Consequently. through counsel. the dispositive portion of which reads: “WHEREFORE. The computation of the judgment award is appearing in the aforementioned DECISION and is now forming part of the record of this case. Thus. have not submitted and served the Report of Compliance with respect to the REINSTATEMENT of complainant DEXTER A. 7. issued its Resolution. dated 03 January 2018. an Entry of Judgment was issued by the Honorable Commission. until the present date. Page 2 of 4 . the Sheriff of this Honorable Office garnished an amount pertaining to the judgment award of herein complainants. From the above mentioned DECISION. 6. both parties’ motions are hereby DENIED for lack of merit. Quezon City. SO ORDERED. certifying that. affirming the DECISION. 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. LORENA. both parties filed their respective motions for reconsideration and. Philippines. complainant DEXTER A.

22660 MCLE No. 63288 MCLE Compliance No.com Telefax (02) 373-18-44 ERNESTO R. 01-04-18. 12 February 2018. Mandaluyong City IBP No. Until 04-14-19 JASPER C. in view of all the foregoing. Manila I ROLL No. CALMANA ROLL No. PRAYER WHEREFORE. his accrued salaries until the respondents reinstate him to his former position without loss of seniority rights. Issued 11-11-15. BALBOA PTR No. Jiao Building 2 Timog Avenue. Pampanga. 020231. 01-10-18. 01-18-18. Quezon City for the City of San Fernando. ARELLANO PTR No. LAWIN (Legal Advocates for Workers’ INterest) Counsel for the Complainants Room 206. Lorena but without prejudice to the latter’s right to ask for further entitlement to. Azurin and partial satisfaction of the recomputed accrued salaries and benefits of complainant Dexter A. Quezon City Email address: lawin2setusfree@yahoo. V-0011875. Other reliefs just and equitable under the premises are likewise prayed for. Quezon City IBP No. and recomputation of. it is most respectfully prayed of this Honorable Office that an Order be immediately issued directing the responsible officer to release the check representing the judgment award of complainant Amelia L. 5521327. 2723758. V-0019823 valid from 04/20/2016 until 04/14/2019 Page 3 of 4 . 025213. 01-04-18.

Until 14 April 2019 Copy Furnished: by registered mail ATTY. BORLASA PTR No. constraint of time and the lack of messengers available to render the preferred personal service. Quezon City ROLL No. Quiapo. copy of the foregoing URGENT EX-PARTE MOTION TO RELEASE GARNISHED AMOUNT REPRESENTING COMPLAINANTS’ JUDGMENT AWARDS was served on the adverse party through registered mailed.M. 01-04-18. Quezon City IBP No. RENATO B. Recto Avenue corner Quezon Blvd. SALONGA Counsel for the Respondents Isetann Cinerama Complex C. ROLANDO C. 5521328. BORLASA Page 4 of 4 . VI-0002758 7 July 2017. ERNESTO R. 01-03-18. ARELLANO RENATO B. Manila EXPLANATION Due to the distance involved. 022944.. 65855 MCLE Compliance No.