Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch 6
Prosperidad, Agusan del Sur

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 10165

Plaintiff,

-vs- FOR: VIO. OF R.A. 10591

DICKER NOGAS JOERS,

Accused.
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MOTION FOR RECONSIDERATION

COME NOW, the above-named respondent-appellant, by and

through the undersigned counsel, and unto the Honorable Commission,
state: THAT –

1. Respondent through counsel is HUMBLY, RESPECTFULLY, and

COURTEOUSLY filing the instant motion for reconsideration on
the issued Resolution dated May 27, 2021, which DENIES the
appeal ;

2. That the Honorable Commission in denying the appeal is using

the following dispositve portion, to wit:

“WHEREFORE, foregoing premises considered, the

instant Appeal is DIMISSED for non-perfection and lack of
merit.”
 3. In so doing, the Honorable Commission is NOT ACTUALLY
DIMISSING OUTRIGHT the herein appeal. This is due to the fact
that the issue of non-perfection has become moot and academic
considering that the appeal was given due course by the
Honorable Commission. In fact, the Honorable Commission even
decided the proceeding on the merits and not merely on
technicality ;1

4. With all the respect to the Honorable Commission, this motion

therefore is premised on the soul ground that it will exercise its
wise and fair discretion to apply the basic doctrine of liberality in
the appreciation and application of technical and procedural rules
to promotes and achieve the noble and equitable ends of
substancial justice ;

5. Respondent-appellant is not however, unmindful that the NLRC is

not bound by the technical rules of procedure and is allowed to be
liberal in the application of its rules in deciding labor cases, thus:2

Section 2. Construction. – These Rules shall be

liberally construed to carry out the objectives of the
Constitution, the Labor Code of the Philippines and
other relevant legislations, and to assist the parties in
obtaining just, expeditious and inexpensive resolution
and settlement of labor disputes.

6. It is significant that the 2011 NLRC Rules of Procedure, under

Section 2, Rule I thereof, also carries exactly the same provision.

1
Page 7, Resolution, Dispositive portion.
2
Section 2, Rule I of the 2005 Revised Rules of
Procedure of the National Labor Relations Commission
 Further, the 2005 Revised Rules and the 2011 Rules3 carry identical
provisions appearing under Section 10, Rule VII of both laws ;

7. In the light of the foregoing, the instant appeal cannot be

considered that it was dimissed for not being perfected but
because the Honorable Commission acted in the proper exercise of
its jurisdiction when it liberally applied its rules and resolve the
same on the merits ;

PRAYER

WHEREFORE, plaintiff prays that the affirmative defense be DENIED and this

case should proceed as warranted under the foregoing premise.

ALVIZO and MONTILLA LAW OFFICES

2/F Tiu Bldg. Obedoza St., Brgy. 2
San Francisco, Agusan del Sur

By:

LEON O. MONTILLA, JR.

IBP Lifetime No. 03110
PTR No. 7960409 on 1-7-19
At Agusan del Sur
Roll No. 44691
MCLE Compliance No. VI - 0003236
3
Section 10. Technical rules not binding. – The rules
of procedure and evidence prevailing in courts of law
and equity shall not be controlling and the Commission
shall use every and all reasonable means to ascertain
the facts in each case speedily and objectively,
without regard to technicalities of law or procedure,
all in the interest of due process.
 October 2, 2017 - Pasig City
(Until April 2022)

NOTICE

Atty. CHARMEE R. ABAD

Counsel for the defendant
PAO – Lianga
Surigao del Sur

THE CLERK OF COURT

RTC – Branc 28
Lianga, Surigao del Sur

GREETINGS! Please submit the foregoing pleading to the Honorable Court

immediately upon receipt for its kind consideration.

LEON O. MONTILLA, JR.