Republic of the Philippines

             National Labor Relations Commission

      REGIONAL ARBITRATION BRANCH NO. VII
[City]

Hon. Labor Arbiter Maria Theresa S. Salas

XXXXXXX, NLRC RAB VII Case No.

Complainant, XX-XXX-XXXX

-versus-

XXXXXXXX TRADING / MICHAEL

XXXXXXX,
Respondents.
x

MANIFESTATION WITH MOTION TO SET THE

CASE FOR MANDATORY CONCILIATION
AND MEDIATION CONFERENCE1
RESPONDENT XXXXX TRADING by the undersigned counsel and
unto this Honorable Regional Arbitration Branch, most respectfully state:

1. Complainant XXXXXX (hereinafter, “Complainant” for

brevity) suddenly ceased from reporting for work or have been on absence-
without-official leave since 19 May 2021.

2. Since XXXX Trading (hereinafter, “XXXX” for brevity) had

no information of Complainant’s whereabouts and his records only show
that Complainant is a resident of XXXXX, XXXXX. Herein Respondent
XXXX was constrained to send the Notice to Explain 2 to the Complainant
via the Facebook Messenger Application. Receiving no response from the
Complainant, herein Respondent was constrained to issue the Notice of
Dismissal3 on 10 June 2021.

3. Respondent XXXXX has never received any Notice of

Conference from the Department of Labor and Employment (“DOLE”) for
the conduct Single-Entry Approach (“SENA”) pursuant to Department
Order No. 107, Series of 2010.

1
Movant is amenable to any mode video-conference hearing conducted via Microsoft Teams or Google
Meet, and yields to this Honorable Labor Arbiter’s advise or discretion on the mode of videoconference.
2
ANNEX – “A” – Notice to Explain, dated June 4, 2021.
3
ANNEX “B” – Notice of Dismissal, dated June 10, 2021.
1
 4. Unexpectedly, on 16 July 2021, Respondent Liochem received
a copy of the Complaint and the Summons, dated 28 June 2021, advising the
parties that they may file within a period of five (5) days from receipt of the
Summons, a motion to set the case for mandatory conciliation and mediation
conference for possible settlement, with the directive to show proof that
Complainant was furnished with a copy thereof.

5. In line with the policy of the DOLE for the speedy, impartial,
inexpensive, and accessible settlement procedure of all labor issues or
conflicts to prevent them from ripening into full-blown disputes or actual
labor cases, herein Respondent XXXXXX trading respectfully request this
Honorable Regional Arbitration Branch for the conduct of a Mandatory
Conciliation Mediation Conference through videoconferencing or other
electronic means that will not require face-to-face interaction, pursuant to
En Banc Resolution No. 03-20 (Series of 2020).

6. For settlement purposes and without any admission of liability,

Respondent Liochem respectfully offers the following as terms of
settlement:

6.1 The amount of XXXXXX Thousand Pesos (Php

0000,000.00) shall be paid by Respondent LXXXXXiochem (the
“Settlement Amount”); and

6.2 If accepted, Complainant shall agree to execute a

Compromise Agreement and shall agree to the filing of a Joint Motion
to Dismiss or a Motion for Judgment Based Upon Compromise
Agreement.

7. Respondent is constrained to file the instant motion

notwithstanding and mail a copy by registered mail to Complainants’ last
known address at XXXXXXXXX, as indicated in its last known address in
the Complaint,4 considering that Complainant left the company without a
trace and has blocked Respondent XXXXXX’s employees from
communicating him through Facebook Messenger Application and due to
time constraints and lack of messengerial personnel to effect personal
service.

PRAYER
WHEREFORE, it is respectfully prayed unto the Honorable
Regional Arbitration Branch that the mandatory conciliation and mediation
conference be conducted through videoconferencing.

OTHER RELIEFS just and equitable are likewise prayed for.

4
Complaint, dated June 18, 2021 (Attached to the Summons).
2
 RESPECTFULLY SUBMITTED.
Cebu City, Philippines. 21 July 2021.

LAW FIRM
Counsel for Respondent XXXXX Trading
Balasubas Building, Salbahe Street, Makating-kati City,
Telefax: (032) 233-3598 & 4158072
Email: lawangel.ofc@gmail.com

By:

ATTORNEY A. ABOGADO IV
Roll No. XXXX
IBP O.R. No. XXXXX, 19 December 2019 – XXXX Province Chapter
PTR No. XXXXX 02 January 2021 – XXXX City
MCLE Compliance No. VI – XXXXX- 03 January 2019;
Valid from 04/15/2016 until 04/14/2022
Email: abodagoattorneyabogago@gmail.com

NOTICE OF SUBMISSION
HON. LABOR ARBITER MARIA THERESA L. SALAS
THE CLERK OF THE HONORABLE LABOR ARBITER
National Labor Relations Commission - RAB VII
3/F Floor Lim's Brotherhood Foundation Incorporated,
Osmeña Boulevard corner J. Llorente Street, Capitol Site,
6000, Cebu City

Please submit the foregoing Manifestation with Motion for the

Conduct of Mandatory Conciliation and Mediation Conference for the kind
consideration and resolution of the Honorable Regional Adjudication Branch
immediately upon receipt hereof. Thank you.

ATTORNEY A. ABOGADO IV
Copy Furnished:

XXXXXXXX
XXXX, XXXXXXX

Registry Receipt: _______________________ Date mailed: July 21, 2021.

EXPLANATION FOR MAILING

Pursuant to Section 11, Rule 13 of the Revised Rules of Court, copies

of the foregoing pleading was furnished by registered mail to the

3
Complainant, in view of distance and time constraints and travel constraints
due to the Corona Virus Pandemic (Covid-19).