REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
QUEZON CITY

EFREN FRANCISCO,
Complainant,

-versus- NLRC LAC No. 07-001971-12

NLRC RAB III Case No. 07-16494-10
Labor Arbiter Reynaldo V. Abdon

HAIDEE CONSTRUCTION &

DEVELOPMENT
CORPORATION and
ROMMEL T. CONCEPCION,
Respondents.
x--------------------------------------------x

MOTION TO RELEASE APPEAL BOND

Respondents HAIDEE CONSTRUCTION & DEVELOPMENT

CORPORATION [the “Company”] and ROMMEL T. CONCEPCION
[“Mr. Conception”], by counsel, respectfully state:

1. On 14 May 2012, Labor Arbiter Reynaldo V. Abdon [the

“LA”] rendered a Decision awarding complainant the total amount of Eight
Hundred Fifty-Seven Thousand One Hundred Fifty Pesos P857,150.00
consisting of backwages, overtime pay, service incentive leave pay, 13th
month pay, and separation pay, viz.:

WHEREFORE, premises considered, judgment

is hereby rendered declaring that complainant was
illegally dismissed by respondents. Accordingly,
respondents are jointly and severally ORDERED to
pay complainant his backwages from the time he was
dismissed until the finality of this decision, the
present amount is written below.

Additionally, respondents are jointly and severally

DIRECTED to pay complainant overtime pay, service
incentive leave, 13th month pay and severance pay less
the amount he received from respondents, as follows:
 Backwages P 223,400.00
Overtime pay 506,250.00
Service incentive leave pay 7,500.00
13th month pay 30,000.00
Separation pay 160,000.00
Less = (70,000.00)

Total = P857,150.00

Other money claims are denied for lack of merit.

SO ORDERED.

[Copy of the LA’s Decision is attached as Annex “1”, Motion]

2. In connection with the perfection of its 9 June 2012 Appeal, the

Company, in compliance with law, posted as cash bond Cashier’s Check No.
0450013745 in the amount of Eight Hundred Fifty-Seven Thousand One
Hundred Fifty Pesos (P857,150.00) issued by Metropolitan Bank & Trust
Company [A copy of the Company’s Manifestation is attached as Annex
“2”, Motion].

2. On 31 January 2013, the National Labor Relations Commission

[the “NLRC”] rendered a Decision modifying the LA’s Decision, the
dispositive portion of which reads:

WHEREFORE, the assailed Decision of the

Labor Arbiter should accordingly be
MODIFIED, by deleting the awards of
backwages and overtime pay. Complainant,
however, should be entitled to his separation
pay in lieu of reinstatement at the rate of one
half month pay for every year of service;
P1,391.67 for his 13th month pay and P5,706.44
for his service incentive leave pay.

[Copy of the NLRC’s Decision is attached as Annex “3”, Motion]

3. Complainant filed his Motion for Reconsideration and was

denied by the NLRC on 15 March 2013.

4. On 13 April 2013, an Entry of Judgment was issued by the

NLRC stating that the above-quoted 31 January 2013 Decision became final
and executory on 13 April 2013. A copy of the Entry of Judgment is
attached as Annex “4”, Motion.

5. In view of the foregoing, respondents respectfully move that the

cash bond posted in the amount of Seven Hundred Eighty Thousand Fifty-
one Pesos & 89/100 (P780,051.89) be ordered released.

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 PRAYER

WHEREFORE, it is respectfully prayed that the foregoing Motion be

granted and the cash bond in the amount of Seven Hundred Eighty Thousand
Fifty-one Pesos & 89/100 (P780,051.89) posted by the Company be ordered
released.

Other relief just and equitable are likewise prayed for.

Pasig City for Quezon City, 10 June 2013

LAGUESMA MAGSALIN CONSULTA & GASTARDO

Counsel for Respondents-Appellants
706 Prestige Tower, F. Ortigas Jr. Road
Ortigas Center, Pasig City

By:

BERNARDINO F. CONSULTA
PTR No. 8413093; 01-04-13; Pasig City
IBP No. 915975; 01-04-13; Quezon City
Roll No. 33337
MCLE Compliance No. IV-0008302
4 October 2012

CARLOS LUIS L. FERNANDEZ

PTR No. 8413099; 01-04-13; Pasig City
IBP No. 915979; 01-04-13; Quezon City
Roll No. 45321
MCLE Compliance No. IV-0008307
4 October 2012

ALBERT ANGELO D.R. VILLALON

PTR No. 0075223: 05-06-13; Rizal
IBP No. 935521; 04-05-13; RSM
Roll No. 62321
Admitted to the Bar: 26 April 2013
MCLE Compliance: N.A.

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COPY FURNISHED:

WILFREDO G. LAXAMANA, ESQ.

Counsel for Complainant
13-42 Lagman Bldg. Don Bonifacio Ave
Pulung Maragul, Angeles City

EXPLANATION

Pursuant to Section 11, Rule 13 of the Rules of Court, respondents

respectfully manifest that a copy of this Motion was filed and served by
registered mail in lieu of personal service because of the unavailability of
messengers and for reasons of economy.

ALBERT ANGELO D.R. VILLALON