REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
Quezon City

RANDY VERIN ACABADO,

Complainant,

-versus- NLRC-NCR Case No. (M)-12-15046-16

Labor Arbiter Joel A. Allones

HARTMANN CREW PHILIPPINES/

SEA GIANT SHIPMANAGEMENT LTD./
ALBERTO L. GOMEZ,
Respondents.
x-------------------------------------------------------x

MOTION FOR ISSUANCE OF A WRIT OF EXECUTION

COMPLAINANT, by counsel, to this Honorable Labor Arbiter, most

respectfully states that:

1. On March 2, 2017, the Honorable Labor Arbiter decided that:

“WHEREFORE, premises considered, judgment is hereby

rendered finding that respondents failed to properly assess
and issue the disability grading of complainant's medical
condition on or before the 240th day from his repatriation and
his medical condition or disability thereby entitling
complainant to total and permanent disability benefits.

Respondent Hartman Crew Philippines and individual

respondent Alberto L. Gomez are hereby ordered to jointly and
solidarily pay complainant Randy V. Acabado total and
permanent disability benefits amounting to Sixty Thousand US
Dollars (US$60,000.00) or its equivalent in Philippine currency
at the time of payment.

Attorney's fees equivalent to ten percent (10%) of the

judgment award is likewise hereby awarded.

SO ORDERED.”1

1
March 2, 2017, Decision of the Labor Arbiter.

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 2. The respondents appealed the case to the NLRC Commission and
on May 30, 2017 the NLRC Commission decided that:

“WHEREFORE, judgment is hereby rendered ordering

respondents Hartmann23 Crew Philippines and Alberto L.
Gomez to pay, jointly and severally, complainant the amount
of US$ 10,075.00 plus attorney's fees in the amount of
US$1,007.50.

SO ORDERED.”2

3. The complainant appealed the case to the Court of Appeals. On

June 21, 2019 the Court of Appeals decided that:

“We SET ASIDE the NLRC Decision promulgated on 30

May 2017, and the Resolution promulgated on 27 July 2017.
We REINSTATE with MODIFICATION the Decision of the Labor
Arbiter dated 02 March 2017, thus: we ORDER the
respondents Hartman Crew Philippines, and Sea Giant
Shipmanagement to pay the petitioner Randy Verin Acabado
the following sums: (1) US$60,000.00 as permanent total
disability benefits; and (2) US$6,000.00 as attorney's fees. All
the monetary awards are subject to interest at the rate of
6% per annum from the finality of this Decision, until the
award is fully satisfied.
IT IS SO ORDERED.”3

A copy of the Decision of the Court of Appeals is marked as Annex

“A”.

4. The respondents appealed the case to the Supreme Court. On

September 29, 2021, the Supreme Court AFFIRMED the Decision of the
Court of Appeals. The dispositive portion of the Supreme Court decision
states that:

“WHEREFORE, the petition is DENIED for lack of merit.

The Decision dated June 21, 2019 and the Resolution dated
September 18, 2019 of the Court of Appeals in CA-G.R. SP. No.
152789 are AFFIRMED.

SO ORDERED.”4

2
May 30, 2017, Decision of the NLRC Commission.
3
June 21, 2019 Decision of the Court of Appeals.
4
September 29, 2021, Supreme Court Decision.

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 A copy of the Decision of the Supreme Court is marked as Annex “B”.

5. The respondents filed a Motion for Reconsideration and on

February 13, 2023, the Supreme Court issued a Resolution stating that:

“Acting on petitioner’s motion for reconsideration of the

Decision dated September 29, 2021 which denied the petition
for review on certiorari, the Court resolved to DENY the
motion with FINALITY, no substantial argument having been
adduced to warrant the reconsideration sought and the basic
issued raised therein having been duly considered and passed
upon by the Court in the aforesaid decision.

No further pleadings or motions shall be entertained in

this case. Let entry of final judgment be issued immediately.” 5

A copy of the Resolution dated February 13, 2023 is marked as Annex

“C”.

WHEREFORE, premises considered, complainant respectfully moves

to this Honorable Labor Arbiter for issuance of a Writ of Execution to
enforce the decision of the Supreme Court.

Manila, 28 March 2023.

ROGELIO BELLEZA DE GUZMAN

Counsel for the Complainant
1571 Basilio St. Sampaloc, Manila 1008
IBP O.R. No. 236911 and 236912
Manila III, September 22, 2022
(for years 2023 and 2024)
PTR MLA 0861608,01/04/2023 Manila
Roll of Attorney No. 27351
MCLE COMPLIANCE No. VII-0021371
Valid until April 14, 2025
Contact Nos.09957556712&09201333671

NOTICE OF HEARING

Honorable Labor Arbiter Joel A. Allones

National Labor Relations Commission
Quezon City

5
Notice dated February 13, 2023.

3
 G r e e t I n g s:

Please take notice that on _______________________________, at

10 o’clock in the morning or soon thereafter as counsel may be heard, the
undersigned will submit the foregoing motion for execution and approval of
your Honorable Office without further argument.

ROGELIO B. DE GUZMAN
Counsel for the Complainant

Copy furnished:

ATTY. EDGAR E. TARRIELA LBC NO._________________

Tarriela, Tagao, Ona and Associates date: 3/28/23
Counsel for Respondents
8th Floor, Strata 2000 Bldg.
Emerald Ave., Ortigas Center
Pasig City

EXPLANATION FOR SERVICE BY COURIER/REGISTERED MAIL

Complainant furnished the Respondents with a copy of the above Motion for
Issuance of a Writ of Execution by courier/registered mail with return card pursuant
to Section 7, Rule 13 of the 1997 Rules of Civil Procedure and via email for lack of
personnel to effect personal service.

ROGELIO B. DE GUZMAN
Counsel for the Complainant