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    Jose - Reply To Opposition

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    Mecs Nid
    This document is a reply to an opposition filed by Macunat Corp. regarding Jose's motion for a writ of execution. It argues that: 1) Macunat's claim that the writ is premature is without merit, as both the Labor Code and NLRC Rules state that orders of reinstatement are immediately executory even if appealed. 2) The Labor Code and NLRC Rules have identical provisions requiring immediate execution of reinstatement orders. 3) As the Labor Code specifies, the posting of a bond does not stay execution of a reinstatement order. The reply requests that the opposition be denied and the motion for writ of execution be granted.

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    Jose - Reply To Opposition

    Uploaded by

    Mecs Nid
    235 views4 pages
    This document is a reply to an opposition filed by Macunat Corp. regarding Jose's motion for a writ of execution. It argues that: 1) Macunat's claim that the writ is premature is without merit, as both the Labor Code and NLRC Rules state that orders of reinstatement are immediately executory even if appealed. 2) The Labor Code and NLRC Rules have identical provisions requiring immediate execution of reinstatement orders. 3) As the Labor Code specifies, the posting of a bond does not stay execution of a reinstatement order. The reply requests that the opposition be denied and the motion for writ of execution be granted.

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    Jose - Reply to Opposition

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    This document is a reply to an opposition filed by Macunat Corp. regarding Jose's motion for a writ of execution. It argues that: 1) Macunat's claim that the writ is premature is without merit, as both the Labor Code and NLRC Rules state that orders of reinstatement are immediately executory even if appealed. 2) The Labor Code and NLRC Rules have identical provisions requiring immediate execution of reinstatement orders. 3) As the Labor Code specifies, the posting of a bond does not stay execution of a reinstatement order. The reply requests that the opposition be denied and the motion for writ of execution be granted.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    235 views4 pages

    Jose - Reply To Opposition

    Uploaded by

    Mecs Nid
    This document is a reply to an opposition filed by Macunat Corp. regarding Jose's motion for a writ of execution. It argues that: 1) Macunat's claim that the writ is premature is without merit, as both the Labor Code and NLRC Rules state that orders of reinstatement are immediately executory even if appealed. 2) The Labor Code and NLRC Rules have identical provisions requiring immediate execution of reinstatement orders. 3) As the Labor Code specifies, the posting of a bond does not stay execution of a reinstatement order. The reply requests that the opposition be denied and the motion for writ of execution be granted.

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    You are on page 1of 4

    Republic of the Philippines

    Department of Labor and Employment


    NATIONAL LABOR RELATIONS COMMISSION
    Regional Arbitration Branch No. II
    Tuguegarao City, Cagayan

    JOSE
    Complainant,

    - versus - NLRC Case No. RAB-II-11

    MACUNAT CORP.,
    Respondent.
    x - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

    REPLY TO THE OPPOSITION


    TO MOTION FOR THE ISSUANCE OF WRIT OF EXECUTION

    COMPLAINANT JOSE, by counsel, unto this Honorable Commission,


    respectfully states that:

    Prefatory Statements

    At the onset, shortly after Labor Arbiter Carpio rendered


    judgment declaring COMPLAINANT JOSE was illegally terminated,
    ordering, therefore his reinstatement, payment of Back Wages a sum
    of P 500,000.00, 13th Month Pay of P 15,000.00, Service Incentive
    Leave of P 30,000.00, Holiday Pay of P 20,000.00 and 10%
    Attorney’s Fees, COMPLAINANT JOSE, by the undersigned counsel
    filed a petition for the issuance of a Writ of Execution in order to
    enforce the judgment rendered and to collect the required
    reinstatement which was consequently opposed by RESPONDENT
    MACUNAT CORP.

    Brief Arguments

    1. The contentions of the respondent claiming that the Writ of


    Execution is not reasonable and premature as they have filed a
    Memorandum of Appeal before this Honorable Commission is
    bereft of merit.
    2. It should be noted that both PD No. 442 as Amended and
    Renumbered per DOLE Dept. Advisory No.1 s. 2015 otherwise
    known as Labor Code of the Philippines and the 2011 National
    Labor Relations Commission Rules, as Amended have the
    similar proviso, viz:

    Section 229 of Labor Code of the Philippines:

    “xxx xxx xxx

    “In any event, the decision of the Labor Arbiter reinstating a


    dismissed or separated employee, insofar as the reinstatement
    aspect is concerned, shall be immediately be executory, even pending
    appeal.” (Underscoring supplied).

    Section 19 of the 2011 NLRC Rules, as Amended:

    “xxx xxx xxx

    “In case the decision of the Labor Arbiter includes an order of


    reinstatement, it shall likewise contain: (a) a statement that the
    reinstatement aspect is immediately executory; and (b) a directive for
    the employer to submit a report of compliance within ten (10) calendar
    days from receipt of the said decision.” (Underscoring supplied).

    3. Finally, as provided for in Section 229 of the Labor Code of the


    Philippines specifically states that the posting of a bond by the
    employer shall not stay the execution of reinstatement provided
    therein.

    Prayer

    WHEREFORE, it is respectfully prayed that the Opposition be


    considered unmeritorious and the subject Motion for the Issuance of
    a Writ of Execution for the Reinstatement of COMPLAINANT JOSE
    be granted in accordance with the cited existing law and rules.

    Pasay City for Tuguegarao City 10 DECEMBER 2016.

    MECSD LAW OFFICE


    Counsel for the Complainant JOSE.
    Penthouse, Park Avenue Mansions
    Park Avenue, Pasay City, 1300
    Tel. No. 834-2320/Telefax No. 5510328
    2
    Email add: mecsd@gmail.com

    By:

    MA. ETHEL CHRISTINE S. DIN


    Roll No. 25365
    PTR No. 2675839/ Pasay/ 02-07-12
    IBP No. 881970 / Manila III /2-07-12
    MCLE Compliance No. V -0016268/5-11-10

    NOTICE OF HEARING
    AND EXPLANATION

    NATIONAL LABOR RELATIONS COMMISSION


    Regional Arbitration Branch No. II
    Tuguegarao City, Cagayan

    ATTY. MABAGAL
    Counsel for the defendant MACUNAT CORP.
    8/F Chatham House
    116 Valero St., Salcedo Village
    Makati City, Metro Manila

    GREETINGS:

    Please take notice that undersigned counsel shall submit the


    foregoing Reply to the Opposition to Motion for the Issuance of Writ
    of Execution and approval of the Honorable Court on December 21,
    2016 at 9:00 A.M.

    Further this motion is being filed and served by way of


    registered mail with return card as shown below, due only to the
    considerable distance of the court and counsel and not for delay or
    any ill motive.

    MA. ETHEL CHRISTINE S. DIN

    3
    Copy Furnished:

    LAW OFFICE OF ATTY. MABAGAL


    Counsel for the defendant MACUNAT CORP.
    RR No. _____
    8/F Chatham House PCHPO
    116 Valero St., Salcedo Village December 10, 2016
    Makati City, Metro Manila

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