REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL REGION
QUEZON CITY

MONINA KATRINA RAMIREZ MARTINEZ

Complainant,

-versus- NLRC NCR Case No.

01-00289-23

For: Illegal Dismissal, Money

Claims and Damages
LIZARD BEAR TASKING INC.
(Formerly known as TASKUS INC.)
ANTIPOLO BRANCH
Represented by: AL SESE,
KIMBERLY QUIAMBAO &
RANIELLE ZARAGOZA
Respondents.
x--------------------------------------------------------x

MOTION FOR RECONSIDERATION

OF THE ORDER DATED FEBRUARY 23, 2023

Complainant, by and through the undersigned counsel, unto this

Honorable Office, respectfully states:

1. That on 3 March 2023, complainant received a copy of the

Order of the Honorable Labor Arbiter Ma. Claradel C. Javier-Rotor dated
21 February 2023 citing the dismissal of this action on the ground of
improper venue1;

2. It is complainant’s humble position to lead this Honorable Office

to reconsider the said order, if followed, would entail additional expenses
to herein complainant who is now in full investment in the care of her
newborn child not to mention, she is still recovering from her cesarian
delivery2 and still being unemployed;

3. The Supreme Court has previously declared that the question of

venue essentially pertains to the trial and relates more to the
convenience of the parties rather than upon the substance and merits of
the case. Provisions on venue are intended to assure convenience for the
plaintiff and his witnesses and to promote the ends of justice. 3

4. Furthermore, Section 1(a), Rule IV of the New Rules of

Procedure of the NLRC uses the word "may," allowing a different venue
when the interests of substantial justice demand a different one. In any
case, as stated earlier, the Constitutional protection accorded to labor is

1
A copy of the Order dated 23 February 2023 is hereby attached as Annex “A”.
2
A copy of the Medical Summary Discharge dated 05 February 2023 is hereby attached as Annex “B”.
3
Dayag vs. NLRC, G.R. No. 124193, March 6, 1998
a paramount and compelling factor, provided the venue chosen is not
altogether oppressive to the employer.4

5. Also, this Honorable office have had the chance of already of

holding the preliminary conference in this venue as between the
complainant and the representatives of the respondent in the name of
Kimberly Quiambao and Jean Pierre Gonzaga which was held last 06
January 20235;

6. When the mandatory conference was held before this Honorable

Office, it was expressly mentioned by the respondents that they will
stand firm on the company’s decision in terminating the complainant.
This Honorable Office has record of such statement made by the
respondent’s representatives;

7. It is also noteworthy that up until this date there is no receipt

whatsoever of any pleadings or motion from the respondent that has
become the basis of this order that we seek reconsideration from;

8. It is important to state that the respondent, through their

counsel Platon-Martinez Law Firm, have been continuously
communicating with the complainant over matters of settlement, of
which they have been stating that our counter-proposal is being
considered by the management of their clients6;

9. Clearly, such decision by the representative of the respondent’s

company binds them to the said venue and the subsequent filing of their
motion and manifestation dated 23 January 20237 will only work out as
a technical hindrance which ultimately becomes an attack against social
justice;

10. If indeed it is the sincere intention of the respondent to settle

the case, it is quite ironic that they seek the dismissal of this case based
on a ground that clearly unavailable to them at this point of time due to
the actions made by their representatives and counsel;

11. Lastly, there has already been an order given by this Honorable
Office to file their respective position paper 8 and to suddenly give
credence to the after-thought filings of the respondent’s counsel erodes
the public trust in labor dispute resolution;

12. All attachments to herein motion for reconsideration, if

required to present originals thereof, complainant is more than willing to
provide so it is just that she is physically and somewhat financially
unable to comply.

PRAYER

4
Philtranco Services Inc., vs. NLRC and Mr. Roberto Nieva G.R. No. 124100 April 1, 1998
5
A copy of Certificate of Raffle/Notice of Mandatory Conference are hereby attached as Annex “C” and series.
6
A screenshot of the settlements between Complainant and Respondent’s Counsel is hereby attached as Annex “D”.
7
A copy of the Motion with Manifestation dated 23 January 2023 are hereby attached as Annex “E” and series.
8
A copy of the Notice to file Position Paper/Reply dated 06 February 2023 is hereby attached as Annex “F”.
 WHEREFORE, premises considered, it is respectfully moved and
prayed that the Order dated 23 February 2023 be RECONSIDERED and
SET ASIDE.

Other reliefs, just and equitable under the premises, are likewise
prayed for.

Quezon City, 07 March 2023.

ATTY. AVELINO C. BADILLO IV

1 Morquecillo St., Brgy., Bungad San Francisco
Del Monte, Quezon City, NCR, 1105
Mobile/Tel # 09173072689 / 0279446064
E-mail Address: avelbadillo@gmail.com
PTR #4055496; 01-09-2023; Quezon City
IBP #AR8206174; 02-17-2021; Quezon City (2023 under process)
Roll of Attorneys No. 66648
MCLE Compliance No. VII-0019235

Notice and copy furnished:

TASKUS INC. ANTIOPOLO

(now LIZARDBEAR TASKING INC.)
AL SESE/ RANIELLE ZARAGOZA/
KIMBERLY QUIAMBAO
3F XENTROMALL 303 SUMULONG
HIGHWAY, ANTIPOLO CITY, RIZAL 1870

ATTY. RIZIEL ANN A. CABREROS

PLATON MARTINEZ FLORENZ SANPEDRO
& LEANO LAW – COUNSEL FOR RESPONDENTS
6TH AND 7TH FLOORS, TUSCAN BUILDING 114
V.A. RUFINO STREET, LEGASPI VILLAGE,
MAKATI CITY, METRO MANILA

NOTICE OF SUBMISSION AND EXPLANATION

Due to lack of messengerial service, the filing and service of the

foregoing motion was made through a private courier (LBC) in lieu of the
preferred mode of personal service.

This Motion for Reconsideration of the Order of the Honorable

Assistant Labor Arbiter dated 21 February 2023 is hereby submitted.

ATTY. AVELINO C. BADILLO IV