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Republic of the Philippines

National Labor Relation Commission


Regional Arbitration Branch No. V
Legazpi City

MARVIN M. VALENZUELA,
DEMETRIO B. BRUL
Complainants,

-versus- CASE NO. RAB-V-02-00026-12


NLRC LAC NO. 08-002459-12

MAYON SECURITY
AGENCY, ET. AL.,
Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - x

MOTION TO QUASH
WRIT OF EXECUTION

HON. TOMAS BRIAS, unto this Honorable Labor Arbiter, most


respectfully sets forth:

1. That as the Regional Director of the Department of Science and


Technology (DOST) Rawis, Legazpi City, I was in receipt on October 7, 2013 a
Notice of Garnishment by virtue of the writ of execution issued in the afore-
captioned case by the Honorable Labor Arbiter dated June 10, 2013;

2. That the dispositive portion of the Writ of Execution, states thus:


NOW THEREFORE, you are hereby ordered to proceed to
the respondents premises located at Zone 5, Pier Site, Brgy.
Cormidal, Tabaco, Albay, and cause the satisfaction of the
judgment award in the total amount of Php507,496.88 and turn
over the same to this Arbitration Branch for further disposition
pursuant to law.

Failure to collect the said amount in CASH from the


respondents, you are hereby directed to cause the satisfaction of
the same to be made out of movable goods or chattels in the
possession of the respondents or any person or entity holding in
behalf of the respondents or in the absence thereof, from
immovable property unquestionably belonging to the
respondents not exempt from execution.

3. To note, herein Movant is not a party to the original action and as


clearly enunciated in the writ of execution, it is only where there is showing
that indeed there is failure to satisfy the amount provided in the judgment
from the respondents of this action in CASH or in default thereof, Chattels in
the latters possession is the only time that the said collectible amount may
be demanded from other persons or entity holding in behalf of the
respondents;

4. Failure to show any justification for such demand, the Notice of


Garnishment pursuant to the Writ of execution holds no water and should be
disregarded in view of the foregoing circumstances;

5. On another equally important matter, herein Movant would like to


reiterate before this Honorable Labor Arbiter that to execute the decision in
this instant case without awaiting for the result of the Petition for Certiorari
interposed before the Honorable Court of Appeals by the respondents in this
case would be an utter injustice on the part of the herein movant.

6. That the undersigned Movant therefore beseech the benevolence of


the Honorable Labor Arbiter to observe judicial courtesy and thus
respectfully asks that the writ of execution implementing the decision in this
instant case be quashed, in accordance to the doctrine pronounced in the
case of Reliance Surety and Insurance Co., Inc., vs. Amante, Jr., et.
al., (G. R. No. 150994, June 30, 2005), which further states thus:

There are grounds entrenched in jurisprudence for the


quashal of a writ of execution, yet such quashal rests largely
in the discretion of the court, that will be exercised in the
furtherance of justice. In this case, had the RTC been
sufficiently convinced that the questioned bail bonds were
indeed spurious, there would be grounds in equity for the writs
of execution to be set aside.

7. That herein Movant then call for the exercise by this Honorable
Labor Arbiter of its sound discretion based on its equity jurisdiction to please
consider the prayer set forth in this Motion.

8. That as aptly held by the Supreme Court equity as the complement


of legal jurisdiction seeks to reach and do complete justice where courts of
law, through the inflexibility of their rules and want of power to adapt their
judgments to the special circumstances of cases, are incompetent so to do.
Equity regards the spirit of and not the letter, the intent and not the form,
the substance rather than the circumstance, as it is variously expressed by
different courts (Land Bank of the Philippines vs. Ong, G.R No.
190755, November 24, 2010 citing Air Manila Inc., vs. Court of Industrial
Relations 83 SCRA 579);
9. That for reasons above cited, the undersigned respectfully move
for the quashal of the writ of execution issued in this instant case.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of
this Honorable Labor Arbiter that the issued writ of execution be quashed.

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

Legazpi City, Philippines, October ____, 2013.

HON. TOMAS BRIAS


Regional Director
Department of Science and Technology
Rawis, Legazpi City

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