REPUBLIC OF THE PHILIPPINES

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch No. VII
CEBU CITY

NATIONAL LABOR RELATIONS RAB CASE NO. VII-1582-09

COMMISSION 7TH DIVISION, JUVY T.
LOPEZ and ROSITO COMENDADOR. NLRC CASE NO. VAC-09-000512-10
Complainants,

- versus –

BON-ACE FASHION TOOLS, INC. and/or

RAMIR BONGHANOY,
Respondents.
X----------------------/

URGENT MOTION TO QUASH THE WRIT OF

EXECUTION DATED DECEMBER 14, 2011

COME now respondents, through the undersigned counsels, most

respectfully states:

1. That yesterday, December 15, 2011, respondents were surprised by the

sudden appearance of the Sheriff of NLRC RAB VII in their establishment and
thereafter, they were furnished with the Writ of Execution issued by the Hon.
Emiliano C. Tiongco, Jr.;

2. That with all due respect, the issuance of the Writ of Execution dated
December 14, 2011 is still premature because the Honorable Labor Arbiter has yet to
conduct a pre-execution conference;

3. That while it is true that a pre-execution conference was conducted on

September 29, 2011, another pre-execution conference should have been conducted
in view of the Order dated October 27, 2011 which granted complainants even more
money claims from P233,515.85 (per Decision dated May 15, 2010) to P435,713.10
(per Order dated October 27, 2011_;

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 4. That more specifically, the Honorable Emeliano C. Tiongco, Jr. committed
grave abuse of discretion when he altered the Decision date May 15, 2010, the
dispositive portion of which read as follows:

WHEREFORE, premises considered, judgment is hereby rendered declaring the

following:

1. complainants are regular employees of respondent Bon Ace Fashion Tools, Inc.;
2. complainants were illegally dismissed from employment

Respondent Bon Ace Fashion Tools, Inc. is hereby ordered to pay complainants the
total amount of P233.515.85 inclusive of backwages, separation pay, salary differential and
attorney’s fees.

The computation of complainants’ monetary award is shown in the attached

computation which form part of this decision.

All other claims are hereby dismissed for lack of merit,

SO ORDERED.

Cebu City, Philippines.

May 15, 2010

5. That the Order dated October 27, 2011 in effect modifies the Decision dated
May 15, 2010 which is highly erroneous considering that the Decision dated May 15,
2011 was the one that was affirmed in toto by the Honorable National Labor
Relations Commission (7th Division);

6. That the Decision dated May 15, 2011 is already final and executory, the
Honorable Labor Arbiter Emiliano C. Tiongco, Jr., has neither the power nor the
jurisdiction to modify or alter the Decision dated May 15, 2011 especially since the
said decision gave no room for modification or alteration;

WHEREFORE, in view of the foregoing premises, it is most respectfully

prayed of the Honorable Arbiter quash the Writ of Execution dated December 14,
2011.

Other reliefs as are just and equitable are likewise prayed for by the
respondents.

Respectfully submitted, Cebu City, Philippines, December 16, 2011.

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 DINOPOL MALAYA ORCULLO ALEJADO & SANDOVAL LAW OFFICE
Counsel for the Respondents
Room 402 G.K. Chua Building
Sancianco Street, Cebu City
Tel. No. 418-4448

By

ATTY. FRANCIS GEORGE F. DINOPOL

Roll of Attorneys Number 50084
PTR No. 8143168, 01-18-2011 Cebu Capitol
IBP No. 846753, 01-18-2011, Cebu Chapter
MCLE Compliance No. II-0014596

And

ATTY. DOUGLAS C. MALAYA

Roll of Attorneys Number 51469
PTR No. 2911928, 01-05-2010 Talisay, City
IBP Lifetime Member No. 07834, 1-11-08
MCLE Compliance Certificate No. III-0013819

Copy furnished (by personal service):

Atty. Alfredo Sipalay

Counsel for the Private Respondents
Rm. 206 Aniceta Bldg.,
Osmeña Blvd., Cebu City 6000

The Sheriff
NLRC RA VII
Cebu City