REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
Arbitration Branch Office
Banawe, Quezon City

JENALYN J. MAGAUAY,
Complainant,
- versus - NLRC RAB Case No. NCR-06-09533-11
(Hon. Labor Arbiter Enrique Flores, Jr.)

ANGELEX ALLIED AGENCY, ET. AL.,

Respondents.
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MOTION TO ISSUE ORDER OF RELEASE

COMPLAINANT unto this Honorable Office respectfully states:

1. That by virtue of writ of execution issued in this case, a notice

of garnishment was served upon China Bank, the escrow bank of
respondent agency;

2. That in the letter-reply of China Bank, it favorably acted upon

on the aforesaid garnishment;

A photocopy of China Bank’s letter-reply is hereto attached and

marked as Annex “A”.

3. That as of today, no Temporary Restraining Order (T.R.O.)

was issued against this Honorable NLRC and the Sheriff to stop the
implementation of this case’ decision neither was there any injunction to
prevent the release of the garnished deposit. As a matter of fact, by the
very own admission of respondents their petition for certiorari was already
dismissed by the Court of Appeals. Thus, even a plain motion for
reconsideration filed before the Court of Appeals or the dilatory motion to
quash writ of execution can not bar the release of garnished deposit
because only a Temporary Restraining Order or Injunction can stop and
prevent the release of the said garnished bank account deposit;
 4. That the approval of this motion and the issuance of Order to
Release the garnished deposit is legal and proper because the money will
after all be deposited to the NLRC Cashier for further disposition of this
Honorable Office.

WHEREFORE, premises considered, it is most respectfully moved

that an Order be issued directing China Bank to release the garnished
deposit in favor of the NLRC Cashier for further disposition of this
Honorable Office.

Other reliefs just and equitable in the premises are likewise sought.

April 2, 2013.

JENALYN J. MAGAUAY
Complainant

COPY FURNISHED by registered mail:

Ma. Theresa A. Galang

Owner/Proprietor of Angelex Allied Agency Professional
Employment Agency
Respondent
Room 115 Aurora Plaza Building II
537 Padre Faura, Manila

Registry Receipt Number _____________

Post Office of ______________________
Date: April 2, 2013