REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
QUEZON CITY

Complainant,
-versus-
,
Respondents.

MOTION TO RELEASE APPEAL BOND

Respondents, DEF CONSTRUCTION[the “Company”] and JOJO PESIGSKI [“Mr. Concepcion’], by

counsel, respectfully state:
1. On 14 May 2012, Labor Arbiter Juanita Dela Cruz [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, 13 th month pay,
and separation pay, viz.:

WHEREFORE, premises considered, judgment is hereby rendered declaring that

complainant was illegally dismissed by respondent. 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, 13 th 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 = P 857,150.00

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 (P 857,150.00) issued by Metropolitan Bank & Trust
Company [ A copy of the Company’s Manifestation is attached as Annex “2”, Motion].

3. 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; P 1,391.67 for his 13 th month pay and P
5,706.44 for his service incentive leave pay.
[Copy of the NLRC’s Decision is attached as Annex “3”, Motion]

4. Complainant filed his Motion for Reconsideration and was denied by the NLRC on 15 March
2013.
 5. 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.

6. 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 (P 780,051.89) be ordered
released.

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 (P 780,051.89) posted by the
Company be ordered released.

Other relief just and equitable are likewise prayed for.

Pasig City for Quezon City, 10 June 2013.

MARTINEZ - NIEVERA
Counsel for Respondents-Appellants
xxxxx

By:

ALBERT M. ARTINEZ
PTR No. xxxxx; xx-xx-xx; Rizal
IBP No. xxxxxx; xx-xx-xx; RSM
Roll No. xxxxx
Admitted to the Bar: xxxxxx
MCLE Compliance: N.A.

COPY FURNISHED:

xxxx

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.

xxxx