Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. III
City of San Fernando, Pampanga

KMM-KATIPUNAN, DEXTER A.
LORENA and AMELIA L.
AZURIN,
Complainants,

- versus - NLRC CASE NO. RAB-III-07-23067-15

08-23121-15

J.L METALS CORPORATION,

MR. SHOLAND LIM, a.k.a JIEYI
CHEN, AND MR. JAMES LIM,
a.k.a YI HONG LIN-OWNER,
Respondents.
x---------------------------------------------x

URGENT EX-PARTE MOTION TO RELEASE GARNISHED

AMOUNT REPRESENTING COMPLAINANTS’ JUDGMENT
AWARDS

COMPLAINANTS, by counsel, to this Honorable Office, most

respectfully state, that:

1. On 28 October 2016, acting on the appeal filed by the

complainants, the Sixth Division of the National Labor Relations Commission
(NLRC) issued its DECISION, the dispositive portion of which reads:

“WHEREFORE, the appeal is GRANTED IN

PART. Complainant Amelia L. Azurin is declared to have
voluntarily resigned from work. Complainant Dexter A.
Lorena was not dismissed from work; neither did he resign
from his job. As such, both parties must be placed on equal
footing and must bear its own loss. Respondents are
hereby directed to reinstate Dexter A. Lorena to his former
or equivalent position. Complainant Amelia Azurin is
ENTITLED to service incentive leave pay, 13th month
pay, and maternity leave benefits. Complainant Dexter
Lorena is likewise ENTITLED to service incentive leave
pay, 13th month pay and salary differentials.

Page 1 of 4
 SO ORDERED.

Quezon City, Philippines.”

2. The computation of the judgment award is appearing in the

aforementioned DECISION and is now forming part of the record of this case;

3. From the above mentioned DECISION, both parties filed their

respective motions for reconsideration and, on 29 December 2016, the NLRC,
Sixth Division, issued its Resolution, the dispositive portion of which reads:

“WHEREFORE, both parties’ motions are hereby

DENIED for lack of merit.

SO ORDERED.

Quezon City, Philippines.”

4. Consequently, an Entry of Judgment was issued by the

Honorable Commission, Sixth Division, dated 03 April 2017, certifying that,
pursuant to the Rules of the Commission, its RESOLUTION, dated 29
December 2016, affirming the DECISION, dated 28 October 2016, has
become final and executory on 03 February 2017 and was recorded in the
Book of Entries of Judgments and the complainants filed a Motion for
Execution thereof, dated 15 May 2017.

5. Respondents, until the present date, have not submitted and

served the Report of Compliance with respect to the REINSTATEMENT of
complainant DEXTER A. LORENA.

6. Thus, complainant DEXTER A. LORENA filed, through

counsel, a MOTION FOR RECOMPUTATION, dated 03 January 2018, to
seek the satisfaction of his accrued salaries and benefits;

7. Subsequently, acting on the Order of this Honorable Office, the

Sheriff of this Honorable Office garnished an amount pertaining to the
judgment award of herein complainants.

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 PRAYER

WHEREFORE, in view of all the foregoing, it is most respectfully

prayed of this Honorable Office that an Order be immediately issued directing
the responsible officer to release the check representing the judgment award
of complainant Amelia L. Azurin and partial satisfaction of the recomputed
accrued salaries and benefits of complainant Dexter A. Lorena but without
prejudice to the latter’s right to ask for further entitlement to, and
recomputation of, his accrued salaries until the respondents reinstate him to
his former position without loss of seniority rights.

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

Quezon City for the City of San Fernando, Pampanga, 12 February

2018.

LAWIN
(Legal Advocates for Workers’ INterest)
Counsel for the Complainants
Room 206, Jiao Building
2 Timog Avenue, Quezon City
Email address: lawin2setusfree@yahoo.com
Telefax (02) 373-18-44

ERNESTO R. ARELLANO
PTR No. 5521327; 01-04-18; Quezon City
IBP No. 020231; 01-04-18; CALMANA
ROLL No. 22660
MCLE No. V-0011875; Issued 11-11-15; Until 04-14-19

JASPER C. BALBOA
PTR No. 2723758; 01-18-18; Mandaluyong City
IBP No. 025213; 01-10-18; Manila I
ROLL No. 63288
MCLE Compliance No. V-0019823
valid from 04/20/2016 until 04/14/2019

Page 3 of 4
 RENATO B. BORLASA
PTR No. 5521328; 01-04-18; Quezon City
IBP No. 022944; 01-03-18; Quezon City
ROLL No. 65855
MCLE Compliance No. VI-0002758
7 July 2017; Until 14 April 2019

Copy Furnished: by registered mail

ATTY. ROLANDO C. SALONGA

Counsel for the Respondents
Isetann Cinerama Complex
C.M. Recto Avenue corner Quezon Blvd.,
Quiapo, Manila

EXPLANATION

Due to the distance involved, constraint of time and the lack of

messengers available to render the preferred personal service, copy of the
foregoing URGENT EX-PARTE MOTION TO RELEASE GARNISHED
AMOUNT REPRESENTING COMPLAINANTS’ JUDGMENT
AWARDS was served on the adverse party through registered mailed.

ERNESTO R. ARELLANO RENATO B. BORLASA

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