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    Agael Et - Al vs. Mega-Matrix (Motion For Reconsideration)

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    John Torre
    The document is a Motion for Reconsideration filed by Mega-Matrix Security Services Inc. with the National Labor Relations Commission regarding an earlier decision. The motion argues that at the time of the initial appeal, the company did not have sufficient cash reserves to post an appeal bond due to having only around PHP 289,000 and PHP 541,000 in its bank accounts. It asserts that it needed to retain funds to pay employee salaries if clients were late with payments. The motion asks the Commission to reverse its prior resolution and grant reconsideration given the company's limited financial resources at the time of the initial appeal filing.

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    Agael Et - Al vs. Mega-Matrix (Motion For Reconsideration)

    Uploaded by

    John Torre
    121 views5 pages
    The document is a Motion for Reconsideration filed by Mega-Matrix Security Services Inc. with the National Labor Relations Commission regarding an earlier decision. The motion argues that at the time of the initial appeal, the company did not have sufficient cash reserves to post an appeal bond due to having only around PHP 289,000 and PHP 541,000 in its bank accounts. It asserts that it needed to retain funds to pay employee salaries if clients were late with payments. The motion asks the Commission to reverse its prior resolution and grant reconsideration given the company's limited financial resources at the time of the initial appeal filing.

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    Agael et.al vs. Mega-Matrix (Motion for Reconsideration)

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    The document is a Motion for Reconsideration filed by Mega-Matrix Security Services Inc. with the National Labor Relations Commission regarding an earlier decision. The motion argues that at the time of the initial appeal, the company did not have sufficient cash reserves to post an appeal bond due to having only around PHP 289,000 and PHP 541,000 in its bank accounts. It asserts that it needed to retain funds to pay employee salaries if clients were late with payments. The motion asks the Commission to reverse its prior resolution and grant reconsideration given the company's limited financial resources at the time of the initial appeal filing.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    121 views5 pages

    Agael Et - Al vs. Mega-Matrix (Motion For Reconsideration)

    Uploaded by

    John Torre
    The document is a Motion for Reconsideration filed by Mega-Matrix Security Services Inc. with the National Labor Relations Commission regarding an earlier decision. The motion argues that at the time of the initial appeal, the company did not have sufficient cash reserves to post an appeal bond due to having only around PHP 289,000 and PHP 541,000 in its bank accounts. It asserts that it needed to retain funds to pay employee salaries if clients were late with payments. The motion asks the Commission to reverse its prior resolution and grant reconsideration given the company's limited financial resources at the time of the initial appeal filing.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    You are on page 1of 5

    Republic of the Philippines

    Department of Labor and Employment


    NATIONAL LABOR RELATIONS COMMISSION
    Seventh Division
    5 Floor., DOLE RO VII Building
    th

    Cor. Gen. Maxilom & Gorordo Avenue, Cebu City

    RUSTOM B. AGAEL, JR., et. al.,


    Complainants-Appellees,

    NLRC VAC-04-000185-2021
    RAB CASE NO.VI-12-11522-19
    - versus - VI-12-11525-19
    VI-12-11528-19
    VI-01-10087-20

    MEGA-MATRIX SECURITY, INC. /


    MR. ANICETO APOLLO L.
    CAJIGAL, JR. – OWNER
    Respondents-Appellant.
    x-----------------------------------------------------x

    MOTION FOR RECONSIDERATION

    Herein MEGA MATRIX SECURITY SERVICES INC.,


    (hereinafter referred to as “Respondent-Appellant”) by and
    through the undersigned counsel, most respectfully submits
    the instant Motion for Reconsideration, and avers that:

    1. The Respondent-Appellant received the Order


    denying the Appeal Memorandum on July 16, 2021, as such,
    the Respondent-Appellant has ten (10) days, or until July 26,
    2021 to file the instant Motion for Reconsideration. Hence, the
    Motion is Timely filed.

    2. The Motion of the Respondent-Appellant was denied


    due to the fact that the Motion to Reduce Bond was
    supposedly unsubstantiated.

    Page 1 of 5
    3. At the time the respondent-appellant received the
    Decision, as per the Rules, the Resondent-Appellant only has
    ten (10) days to file an appeal and interpose a Bond.

    4. However, during that time, the respondent-


    appellant does not have sufficient cash on hand to
    immediately post a bond

    5. As proof hereof, attached hereto as Annex A, is the


    Passbook at BDO of the Respondent-Appellant as of December
    of 2020 (Annex A-1) , as of December of 2020, the cash in the
    account is merely TWO HUNDRED EIGHTY NINE
    THOUSAND, FOUR HUNDRED AND EIGHTY FIVE AND
    07/100. (Php 289,485.07)

    6. In addition, in the other Passbook at RCBC,


    attached hereto as Annex B, of the Respondent Appellant, the
    cash at the bank account as of December of 2020 (Annex B-1)
    is merely FIVE HUNDRED FORTY ONE THOUSAND, THREE
    HUNDRED AND THIRTEEN AND 75/100 (541,813.75)

    7. The Accounting Manager, Jewelyn S. Gregorio,


    certifies that these are the passbooks belong to the
    Respondent-Appellants. Copy of her affidavit is attached
    hereto as Annex C.

    8. The remaining amounts in the bank accounts of the


    Respondent-Appellant cannot be fully used to post a bond, as
    the said amounts will be further used to pay the succeeding
    salaries of the other employees of the Respondent-Appellants,
    in case some of its clients will not pay on time.

    9. The Respondent-Appellant at the time, seeks to


    retain as much funds as it has, despite the meagre amount.
    This was so that the respondent-appellant will have at least a
    contingent fund to pay some salaries of its security personnel.

    10. This is in line with the provisions of the civil code


    which states, to wit;

    Page 2 of 5
    ART. 2241. With reference to specific movable
    property of the debtor, the following claims or liens
    shall be preferred:

    xxx

    (6)Claims for laborers’ wages, on the goods


    manufactured or the work done;

    xxx

    11. In the instant case, the respondent-appellant at the


    time, opted to instead retain some of its meagre savings as a
    contingency, in case some of its clients will not be able to pay
    on time. In other words, the respondent-appellant preferred
    to have a reserve funds for the salaries and wages of its
    personnel. Hence, it was not able to fully interpose an appeal
    bond.
    12. As such, the Respondent-appellant seeks the
    reconsideration of this Honorable Court and begs for
    reconsideration, since at that time, based on its bank
    passbook, it has no sufficient cash to immediately interpose a
    bond. Further, due to the time constraint in filing an appeal
    and distance from its office to the address of the Honorable
    Court, it had no time to immediately find any recognized and
    reputable entity to interpose a surety bond.
    PRAYER

    WHEREFORE, premises considered, it is respectfully


    prayed that the Resolution promulgated May 31,
    2021, be reversed and set aside.

    Respectfully submitted.
    Quezon City, Philippines, July 23, 2021.

    Page 3 of 5
    JOHN LERRIE I. TORRE

    PTR No. 1042057/ February 23, 2021/ Quezon City

    IBP No. 015345/ Lifetime Member/ Quezon City

    Roll of Attorney’s No. 65525

    MCLE No.VI-0029704

    Valid until April 14, 2022

    E-mail Address: lerrietorks@gmail.com

    Copy Furnished:
    RUSTOM B. AGAEL, JR., et. al.
    Brgy. Damgo, E.B. Magalona
    Negros Occidental

    GIRONN T. LAMELA
    Purok Villa, Brgy. Tangub,
    Bacolod City, Negros Occidental

    ANTHONY G. ALLAS
    Sunrise Vill., Brgy. Blumentritt,
    Negros Occidental

    WATSON DAÑOSO
    Brgy. Castellano, Calatrava,
    Negros Occidental

    ATTY. DARWIN A. ALMINAZA


    Public Attorney’s Office
    Hall of Justice, Gatuslao St., Bacolod,
    6100 Negros Occidental

    HON. HENRY B. TAÑOSO


    National Labor Relations Commission
    Regional Arbitrations Branch VI- Bacolod City
    Level 2, East Two Corporate Center,
    Circumferential Road cor. Diola St.,
    Bacolod City

    CERTIFICATION/EXPLANATION ON MODE OF SERVICE


    Page 4 of 5
    Respondent, through undersigned counsel, hereby states and
    manifests that
    1. The filing and service of the foregoing Motion upon
    this Honorable Office and the parties herein were made
    through registered mail due to time constraints, and lack of
    messengerial staff.
    2. This Certification/Explanation is being made in
    compliance with Section 11, Rule 13 of the 1997 Rules of Civil
    Procedure.

    JOHN LERRIE TORRE

    Page 5 of 5

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