REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

DEPARTMENT OF LABOR AND EMPLOYMENT
NATIONAL LABOR RELATIONS COMMISSION
QUEZON CITY

HON. LABOR ARBITER xxx

xxx,
Complainants,

- versus - NLRC RAB Case No. xxx

xxx,
Respondents.
x------------------------x

MOTION TO RESOLVE

COMPLAINANTS, xxx, through the undersigned counsel and

unto this Honorable Office, respectfully avers: -THAT-

1. On 17 November 2021, the Complainants filed a Manifestation &

Ex-Parte Motion to Amend Writ of Execution1 where it is prayed
that:

“WHEREFORE, premises considered, it is

respectfully prayed unto this Honorable Commission:

a. That the instant Manifestation be NOTED;

b. That the Ex Parte Motion be GRANTED; and

c. That, accordingly, the Writ of Execution be

amended so as to bind Respondent xxx under the
Writ of Execution in his personal capacity.

1 Copy of the Manifestation & Ex-Parte Motion to Amend Writ of Execution is hereto attached as
ANNEX “A”.
 Other reliefs just and equitable under the
foregoing premises are likewise prayed for.”

2. On 27 October 2022, the Complainants, through counsel,

received an Order2 dated 25 October 2022 of the Honorable
Labor Arbiter xxx required the Respondents to comment on the
Motion filed by the Complainants within ten (10) days from
receipt of the Order, copy furnished all the parties including
their respective counsel. Furthermore, the Order provided:

“Should the period within which to file the

required pleading already laps and this Office has not
received an electronic copy of the filed pleading, it shall
be construed that no pleading has been filed. Therefore,
the case will be deemed submitted for resolution.”

SO ORDERED.” (emphasis ours)

3. However, the Complainants and its counsel never received a

Comment filed by the Respondent. Upon checking the records
with the Honorable Commission, the Respondents hasn’t filed
any Comment at all;

4. Given that the reglementary period of ten (10) days from

receipt of the Order has already lapsed, the instant case should
now be deemed to be submitted for resolution. As a matter of
fact, it has been more than one (1) year since the Honorable
Labor Arbiter has issued the above-mentioned Order;

5. With all due respect, it was stated in the above-mentioned

Order of the Honorable Labor Arbiter that should the period
within which to file the required pleading already lapsed, the
case will be deemed submitted for resolution. However, as to
date, the Complainants did not receive any Resolution from the
Honorable Office;

6. Hence, the Complainants implores the aid of this Honorable

Office to resolve the pending Motion.

2 Copy of the Order dated 25 October 2022 is hereto attached as ANNEX “B”.
2| Xxx, vs. Xxx,
NLRC RAB Case No. NCR-xxx
 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed unto this Honorable Office that the instant Motion to Resolve
be GRANTED and accordingly the Ex-Parte Motion to Amend Writ
of Execution be RESOLVED.

Other reliefs just and equitable under the foregoing premises

are likewise prayed for.

Quezon City, 12 March 202x.

THE LAW OFFICE OF

xxx
Counsel for the Complainants
xxx Building,
xxx, xxx City
Tel No.: xxx
xxx @gmail.com

By:

ATTY. XXX
IBP No. xxx, xxx City
PTR O.R. No. xxx – Jan. 03, 202x, xxx City
Roll of Attorneys No. xxx
MCLE Compliance No. xxx
Valid until April 14, 202x
Mobile Phone No. xxx
Email: xxx @gmail.com

-and-

ATTY. XXX
Roll of Attorney’s No. xxx
IBP O.R. No. xxx - xx/xx/202x; xxx

3| Xxx, vs. Xxx,

NLRC RAB Case No. NCR-xxx
 PTR O.R. No. xxx – xx/xx/202x; xxx City
Admitted to the Bar xxx
Mobile Phone No. xxx
Email address: xxx @gmail.com

Copy furnished:

ATTY. XXX
Counsel for the Respondents
xxx
xxx., Makati City xxx

XXX
Respondents
xxx St., cor. xxx St.
xxx, Manila xxx

EXPLANATION
(Pursuant to Section 11, Rule 13 of the Rules of Court)

Copies of the instant Motion to Resolve had been served on the

adverse party by registered mail in view of the distance and lack of
messengerial personnel who could undertake personal service.

ATTY. XXX

4| Xxx, vs. Xxx,

NLRC RAB Case No. NCR-xxx