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Republic of the Philippines

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. I

xxx, NLRC CASE NO.


Complainant/s
-versus-

yyy
Respondents.
x------------------------------------------x

WRIT OF EXECUTION

TO: mmm
Acting Sheriff
NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. I

GREETINGS:
WHEREAS, pursuant to Special Orders No. 11-20 and 01-13
(Series of 2017), Labor Arbiter RAUL M. LUNA rendered a decision on
August 13, 2018, in favor of the complainant, the dispositive portion of
which reads as follows:
“Wherefore, premises considered, judgment is
hereby rendered whereby Respondents yyy and fff
are jointly and severally liable for illegal dismissal
and are consequently ordered to pay complainant
the back wages due to her based on her latest salary
on the day she was illegally dismissed (20 July
2017) up to the time of the finality of this Decision.
As reinstatement is no longer feasible, respondents
are hereby also ordered to pay complainant’s
separation pay equivalent to one (1) month’s salary
for every year of service, as prayed for by
complainant in her complaint; 13th month pay,
service incentive leave pay; her last pay for the
period June 30-July 19, 2017, as well as exemplary
and moral damages in the amount of P50,000.00
and attorney’s fees in the amount equivalent to 10%
of the total monetary award.

Let a copy of this Decision be forwarded to the


Computation Department for appropriate action.

All other claims are dismissed for lack of merit.


SO ORDERED”
WHEREAS, the decision was served to the parties by registered
mail on 17 October 2018;
WHEREAS, complainant’s counsel received a copy of the
decision on 26 October 2018. Respondents also received their copy of
the decision however, the date was not specified in the return card;
WHEREAS, a CERTIFICATE OF FINALITY was issued on 22
July 2019, certifying that the decision became final and executory on
17 December 2018;
WHEREAS, on 29 November 2018 complainants’ counsel filed a
MOTION FOR EXECUTION with ENTRY OF APPEARANCE;
WHEREAS, on 05 December 2018, respondent was given a
period of 10 days from their receipt of the order, to file their reply
and/or comment to the Motion for Execution;
WHEREAS, on 04 July 2019, an order was issued granting the
issuance of writ of execution.
NOW, THEREFORE, you are hereby commanded to collect, in
accordance with Section 9, Rule XI of the 2011 NLRC Rules of
Procedure, as amended, the total amount THREE HUNDERED
SEVENTY NINE THOUSAND FOUR HUNDRED SEVENTY FOUR
PESOS & 40/100 CENTS (P 379,474.40) inclusive of fff, to jointly
and severally pay the judgment award , located at Unit 103, GF
Richmond Bldg. No. 6, New York st., Brgy. Immaculate Concepcion,
Cubao, Quezon City or wherever he might be located within the
Philippines, representing complainant’s judgment awards pursuant to
the Decision dated August 13, 2018.
Further collect from the respondent the execution fee in the
amount of P3,295.00 and deposit fee of P1,917.00, pursuant to the
Manual on Execution.
In case you fail to collect the amounts above-mentioned from
the respondent, or amount is insufficient to satisfy the judgment
award, you are hereby ordered to cause the satisfaction of the
judgment award in accordance with the order of enforcement stated in
Section 9 (a), Rule XI of the 2011 NLRC Rules of Procedure, as
amended, to wit: (a) Cash bond; (b) Bank deposits; (c) Surety Bond;
(d) Personal property of respondent not exempt from execution; and
(e) Real property of respondent.
If the bonding company refuses to comply with the writ of
execution, you may proceed to levy on the personal property, and if
insufficient, the real property of the bonding company, without
prejudice to contempt proceedings against its officers or authorized
representatives.

SO ORDERED.
WITNESS THE UNDERSIGNED LABOR ARBITER, this 27th day
of September 2019 at San Fernando City, La Union.
ttt
Labor Arbiter
OIC, RAB-I
Officer-in-charge

N.B.

All payments in check should be in Cashier’s Check, Manager's Check or Demand Draft, paid to
NLRC consisting of one check only.

Deposit fee is required even when paid in cash.

Computation of claims:

1. Judgment Award inclusive of Attorney’s Fees P379,474.40

2. Execution Fee 3,295.00

3. Deposit Fee 1,917.00

Amount due for Execution P384,686.40

vvvvvvvvvvv

fn: writnew-xx v. yyy and/or fff

/kam

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