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Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT


NATIONAL LABOR RELATIONS COMMISSION
NATIONAL CAPITAL ARBITRATION BRANCH
Quezon City
xxxxxxxxxxxx,
Complainant,
-versus-

NLRC NCR Case No. 06-07056-14


(Hon. L.A. ZOSIMA C. LAMEYRA)

xxxxxxxxxxxxxxxxxxx
Respondents.
x------------------------------------------x
MOTION FOR EXECUTION
COMPLAINANT, by counsel, to this Honorable Office, most
respectfully avers:
1. The Honorable Labor Arbiter Zosima C. Lameyra rendered a
Decision dated 30 January 2015, the dispositive portion of which reads:
WHEREFORE, premises considered, judgment is
hereby rendered that1. xxxxxxxxxxxxxxxx, Inc. (Robbean) is liable to pay
complainant unpaid wages for 01-15 and 16-26 August
2013 in the total amount of Nine Thousand Two Hundred
Forty Pesos (P9,240.00);
2. Respondent are not liable for complaints labor standards
claims;
3. Respondent Robbean is liable to refund to complainant
the unauthorized deductions imposed on his wages in the
total amount of Eight Hundred Seven Pesos and Fifty
Centavos (P807.50);
4. Respondents are not liable to pay moral and exemplary
damages;
5. Respondent Robbean is liable to pay attorneys fees at ten
percent (10%) of the total monetary award; and
6. Individual respondent Jay Jumagdao is free from liability
because complainant has no cause of action against him.
SO ORDERED.1

Page 6 of the 30 January 2015 Decision.

2. Section 21, Rule V of the 2011 Rules of Procedure of the NLRC,


as amended by NLRC En Banc Resolution No. 11-12, Series of 2012 reads:
SECTION 21. FINALITY OF THE DECISION OR
ORDER AND ISSUANCE OF CERTIFICATE OF
FINALITY.
(a) Finality of the Decision or Order of the Labor
Arbiter. - If no appeal is filed with the Regional
Arbitration Branch of origin within the time provided
under Article 223 of the Labor Code, as amended, and
Section 1, Rule VI of these Rules, the decision or order
of the Labor Arbiter shall become final and executory
after ten (10) calendar days from receipt thereof by the
counsel or authorized representative or the parties if not
assisted by counsel or representative.
(b) Certificate of Finality Upon expiration of the
period provided in paragraph (a) of this Section, the
Labor Arbiter shall issue a certificate of finality.
In the absence of return cards, certifications from the
post office or courier or other proofs of service to the
parties, the Labor Arbiter may issue a certificate of
finality after sixty (60) calendar days from date of
mailing.2
3. On 21 May 2015, the Honorable Labor Arbiter issued a certificate
of finality.3 As such, the judgment award in favor of the complainant has
become final and executory.
4. The issuance of the writ of execution, once the decision has
become final and executory, is a ministerial duty of the Labor Arbiter. 4
Hence, the issuance of a writ of execution for the satisfaction of the
judgment award in favor of the complainant is now legally warranted.

PRAYER
2

Section 19, Rule V, 2011 Rules of Procedure of the NLRC


Copy of the certificate of finality is hereto attached and marked as Annex A
4
Bongay, et. al. v. NLRC, et. al., G.R. No. 77188, 14 March 1988
3

WHEREFORE, premises considered, it is most respectfully prayed of


this Honorable Office that a writ of execution be issued enforcing the
decision in favor of the herein complainant.
Other reliefs as may be deemed just and equitable under the premises
are likewise prayed for.
Quezon City,
03June 2015.