Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. 02
Tuguegarao City

cccc,
Complainant,

-versus- cccccc

ccccccc,
Respondents,
x--------------------------------------------x

SUPPLEMENTAL MOTION FOR RESTITUTION

Respondents, by counsel, before this Honorable Branch most respectfully allege:

1. On 27 August 2021, respondents filed through registered mail a Manifestation

with Motion for Restitution (“Original Motion for Restitution”) seeking
recovery of the illegally remitted amounts to complainant by virtue of the
Supreme Court’s Entry of Judgment which declared the Court of Appeal’s
Decision, dated 31 January 2019, (xxxxx) final and executory due to
complainant’s failure to timely perfect her appeal via a Petition for Review on
Certiorari with the Supreme Court.

2. To reiterate, in the Decision, dated 31 January 2019, the Court of Appeals

ruled xxxxxx did not have any personal or solidary liability to the present
case.1

3. Following this, all of Col. Veridiano’s personal and real properties, including
his bank accounts, should be exempt from any type of execution in relation to
the case at bar.

4. Unfortunately, when the Honorable Branch issued a Writ of Execution on 5

March 2018, the Sheriff, aside from the properties mentioned in the Original
Motion for Restitution, also garnished xxxxx personal bank accounts with
Philippine National Bank (“PNB”) and Bank of the Philippine Islands (“BPI”),
the details of which are within the records of the Honorable Branch, and
collected the amounts therein and illegally remitted the same to herein
complainant.

5. Given that the undersigned counsel was recently engaged by respondents,

the Original Motion for Restitution was drafted based merely on the records
that came from respondents’ deceased former counsel. As such, she did not
know of these additional garnishments performed by the Sheriff of this
Honorable Branch, considering that these were not reflected in the records
received by her, and was made known to her only when xxxxx had an
opportunity to visit her law office.

1
Page 11, Decision, dated 31 January 2019.

1
 6. Unfortunately, xxxx due to his age, also cannot remember the complete
details of the aforementioned additional PNB and BPI accounts that were
garnished, and the exact amount that was collected and deducted from such
bank accounts. These details, however, are contained in the Honorable
Branch’s Records.

7. Thus, this Honorable Branch should fully restitute the amounts thus collected
from these additional PNB and BPI accounts garnished by the Sheriff of this
Honorable Branch that were personally owned by xxxx considering that Col.
xxxxhad no personal or solidary liability in the instant case.

8. Moreover, the Notices of Garnishment issued to these additional PNB and

BPI accounts should be withdrawn and declared without any force and effect
in order that Col. xxxxxx will have unrestricted access and use to such bank
accounts.

9. Under NLRC Administrative Order No. 01-04, series of 2015, the Honorable
Branch is given a period of fifteen (15) days within which to decide this
Supplemental Motion for Restitution. Hence, it is respectfully prayed that this
Supplemental Motion for Restitution be immediately be attended to, and
resolved and disposed of especially since this case has already dragged for a
long time and respondents have already suffered to the point of bankruptcy
due to the wrongful and deceitful complaints and accusations made by herein
complainant.

PRAYER

WHEREFORE, it is most respectfully prayed, in addition to the prayer made in

the Original Motion for Restitution, that this Honorable Branch:

1. ORDER the full restitution to xxxxxx of the illegally remitted amounts to

complainant as a result of the additional garnishment performed in his
personal bank accounts, aside from those covered by the Original Motion for
Restitution, with PNB and BPI, with legal interest at the rate of 6% per annum
starting from the date the said amount was illegally garnished from xxxxxxx’s
personal bank accounts until full payment thereof;

2. ORDER the payment of moral and exemplary damages in favor of

respondents;

3. WITHDRAW and DECLARE AS INEFFECTUAL the Notice of Garnishment

issued against xxxxxxxxxx’s personal bank accounts, not covered by the
Original Motion for Restitution, with PNB and BPI in order that he may have
full and unrestricted use and access to such;

4. ORDER the restitution of such illegally remitted amounts neither covered by

the Original Motion for Restitution nor by this Supplemental Motion for
Restitution, in a manner in accordance with Labor Laws and its
corresponding rules, and based on the paragraphs contained in the Original
Motion for Restitution.

Other order and relief, just and equitable are likewise prayed for.

2
 Quezon City, 10 September 2021.

xxxxxxxx

Copy Furnished:

xxxxxxx

EXPLANATION ON THE
MODE OF FILING AND SERVICE

Please be informed that a copy of the foregoing SUPPLEMENTAL MOTION

FOR RESTITUTION has been filed and served to the above named parties by
registered mail due to distance and personnel constraints brought by the COVID-19
pandemic.