Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Seventh Division
5 Floor., DOLE RO VII Building
th

Cor. Gen. Maxilom & Gorordo Avenue, Cebu City

RUSTOM B. AGAEL, JR., et. al.,

Complainants-Appellees,

NLRC VAC-04-000185-2021
RAB CASE NO.VI-12-11522-19
- versus - VI-12-11525-19
VI-12-11528-19
VI-01-10087-20

MEGA-MATRIX SECURITY, INC. /

MR. ANICETO APOLLO L.
CAJIGAL, JR. – OWNER
Respondents-Appellant.
x-----------------------------------------------------x

MOTION FOR RECONSIDERATION

Herein MEGA MATRIX SECURITY SERVICES INC.,

(hereinafter referred to as “Respondent-Appellant”) by and
through the undersigned counsel, most respectfully submits
the instant Motion for Reconsideration, and avers that:

1. The Respondent-Appellant received the Order

denying the Appeal Memorandum on July 16, 2021, as such,
the Respondent-Appellant has ten (10) days, or until July 26,
2021 to file the instant Motion for Reconsideration. Hence, the
Motion is Timely filed.

2. The Motion of the Respondent-Appellant was denied

due to the fact that the Motion to Reduce Bond was
supposedly unsubstantiated.

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 3. At the time the respondent-appellant received the
Decision, as per the Rules, the Resondent-Appellant only has
ten (10) days to file an appeal and interpose a Bond.

4. However, during that time, the respondent-

appellant does not have sufficient cash on hand to
immediately post a bond

5. As proof hereof, attached hereto as Annex A, is the

Passbook at BDO of the Respondent-Appellant as of December
of 2020 (Annex A-1) , as of December of 2020, the cash in the
account is merely TWO HUNDRED EIGHTY NINE
THOUSAND, FOUR HUNDRED AND EIGHTY FIVE AND
07/100. (Php 289,485.07)

6. In addition, in the other Passbook at RCBC,

attached hereto as Annex B, of the Respondent Appellant, the
cash at the bank account as of December of 2020 (Annex B-1)
is merely FIVE HUNDRED FORTY ONE THOUSAND, THREE
HUNDRED AND THIRTEEN AND 75/100 (541,813.75)

7. The Accounting Manager, Jewelyn S. Gregorio,

certifies that these are the passbooks belong to the
Respondent-Appellants. Copy of her affidavit is attached
hereto as Annex C.

8. The remaining amounts in the bank accounts of the

Respondent-Appellant cannot be fully used to post a bond, as
the said amounts will be further used to pay the succeeding
salaries of the other employees of the Respondent-Appellants,
in case some of its clients will not pay on time.

9. The Respondent-Appellant at the time, seeks to

retain as much funds as it has, despite the meagre amount.
This was so that the respondent-appellant will have at least a
contingent fund to pay some salaries of its security personnel.

10. This is in line with the provisions of the civil code

which states, to wit;

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 ART. 2241. With reference to specific movable
property of the debtor, the following claims or liens
shall be preferred:

xxx

(6)Claims for laborers’ wages, on the goods

manufactured or the work done;

xxx

11. In the instant case, the respondent-appellant at the

time, opted to instead retain some of its meagre savings as a
contingency, in case some of its clients will not be able to pay
on time. In other words, the respondent-appellant preferred
to have a reserve funds for the salaries and wages of its
personnel. Hence, it was not able to fully interpose an appeal
bond.
12. As such, the Respondent-appellant seeks the
reconsideration of this Honorable Court and begs for
reconsideration, since at that time, based on its bank
passbook, it has no sufficient cash to immediately interpose a
bond. Further, due to the time constraint in filing an appeal
and distance from its office to the address of the Honorable
Court, it had no time to immediately find any recognized and
reputable entity to interpose a surety bond.
PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that the Resolution promulgated May 31,
2021, be reversed and set aside.

Respectfully submitted.
Quezon City, Philippines, July 23, 2021.

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 JOHN LERRIE I. TORRE

PTR No. 1042057/ February 23, 2021/ Quezon City

IBP No. 015345/ Lifetime Member/ Quezon City

Roll of Attorney’s No. 65525

MCLE No.VI-0029704

Valid until April 14, 2022

E-mail Address: lerrietorks@gmail.com

Copy Furnished:
RUSTOM B. AGAEL, JR., et. al.
Brgy. Damgo, E.B. Magalona
Negros Occidental

GIRONN T. LAMELA
Purok Villa, Brgy. Tangub,
Bacolod City, Negros Occidental

ANTHONY G. ALLAS
Sunrise Vill., Brgy. Blumentritt,
Negros Occidental

WATSON DAÑOSO
Brgy. Castellano, Calatrava,
Negros Occidental

ATTY. DARWIN A. ALMINAZA

Public Attorney’s Office
Hall of Justice, Gatuslao St., Bacolod,
6100 Negros Occidental

HON. HENRY B. TAÑOSO

National Labor Relations Commission
Regional Arbitrations Branch VI- Bacolod City
Level 2, East Two Corporate Center,
Circumferential Road cor. Diola St.,
Bacolod City

CERTIFICATION/EXPLANATION ON MODE OF SERVICE

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Respondent, through undersigned counsel, hereby states and
manifests that
1. The filing and service of the foregoing Motion upon
this Honorable Office and the parties herein were made
through registered mail due to time constraints, and lack of
messengerial staff.
2. This Certification/Explanation is being made in
compliance with Section 11, Rule 13 of the 1997 Rules of Civil
Procedure.

JOHN LERRIE TORRE

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