Republic of the Philippines

NATIONAL LABOR RELATIONS COMMISSION

Regional Arbitration Branch
Cordillera Administrative Region
Baguio City
WARREN L. !WA"#N$
Complainant
--versus-- NLRC CASE NO.:RAB-CAR- 01-0042-07
Phile% &ining Corporation by E'LAL!#
B. A'(!N$ )r.$ *P for #PERA(!#N
Responent
!------------------------------------------------!
&ELAN!# L. PARA+N# )r.$
Complainant
--versus-- NLRC CASE NO.:RAB-CAR- 01-004"-07
Phile% &ining Corporation by E'LAL!#
B. A'(!N$ )r.$ *P for #PERA(!#N
Responent
!------------------------------------------------!
RENA(# C. &#L!NA$
Complainant
--versus-- NLRC CASE NO.:RAB-CAR- 01-0042-07
Phile% &ining Corporation by E'LAL!#
B. A'(!N$ )r.$ *P for #PERA(!#N
Responent
!------------------------------------------------!
A"'(!N (. &A"ALL!$
Complainant
--versus-- NLRC CASE NO.:RAB-CAR- 0#-02$4-07
Phile% &ining Corporation by E'LAL!#
B. A'(!N$ )r.$ *P for #PERA(!#N
Responent
!------------------------------------------------!
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MOTION FOR THE ISSUANCE OF A WRIT OF PARTIAL
EXECUTION
WITH ALL DUE RESPECT TO THE HONORABLE COMMISSION.
Complainant, by and through counsel, and unto the Honorable
Court, most respectfully states that:
1. A decision in the above-entitled case was rendered by the
Honorable Commission on July 27, 2007 and received by the
undersigned counsel on August 8, 2007 providing among others to wit:
Xxxxxxx
..Respondent Philex Mining Corporation is hereby
directed to reinstate complainants to their former or equivalent
positions without loss of seniority rights and other benefts
Xxxxxxxxx
And providing further that:
Xxxxxxx
The re-instatement aspect of this decision is immediately
executory, hence, respondents are directed to submit a report
of compliance within ten (10) calendar days from receipt
hereof.
SO ORDERED.
Baguio City, Philippines, this 31
st
day of July 2007.
SGD. VITO C. BOSE
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Executive Labor Arbiter
Xxxxxxxx
2. Article 223 of the Labor Code, as amended by RA 6715 and
pertinent provisions of the Revised Rules and Regulations of the NLRC,
provides among others that:
Xxxxxxxxx
A decision reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned, shall immediately
be executory, even pending appeal, or at the option of the employer
to merely reinstatement in the payroll.
Xxxxxxxxxx
3. Based on the order of the Honorable Labor Arbiter and on
the above quoted provision, the complainants are entitled to immidiate
re-instatement even as the respondents have not yet fled an appeal and
the fling thereof has not yet expired;
WHEREFORE, it is respectfully prayed that a writ of execution of
the re-instatement aspect of the said judgment be issued.
Done this 13th
th
day of August 2007 at Baguio City,
Philippines.
Christopher D. Donaal
COUNSEL
Olowan and Partners Law Ofce
Unit 2-j, De Castelamonte Bldng.
Otek St., Baguio City
Attorneys Roll No. 52587
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IBP No. 703424 Life Time Member
PTR No. 1916377, 1-09-2007
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