NLRC – NCR Case Nos 00-12-07242-92

00-01-00032-93
00-01-00706-93
00-01-00076-96

On 27 May 1993, a Decision was promulgated ordering the PNEI to pay

complainants retrenched employees of PNEI Eusebio Ramoso , Ciriaco Magsino and 495
others, back wages in the amount of 11, 134,954.00 plus 1,113,495.00 attorney’s fees, in
the total amount of 12,248,499.00. PNEI appealed said Decision before the National Labor
Relations Commission (NLRC). On October 19, 1993 Second Division of the NLRC
promulgated an Order affirming the Decision of the Arbitration. On November 4, 1993,
an Entry of Judgment was issued that the NLRC Decision has become final and executory
on November 3, 1993 and already recorded in the Book of Entries of Judgment.
On 11 November 1996, a Writ of Execution was issued by the Arbitration Branch.
Per Sheriff return dated 1 March 1994, the Writ was partially satisfied in the amount of P
895,000.00 leaving balance of P 10,239,954.00 plus attorney’s fees. Alias Writ of Execution
was issued on 21 August 1996 but was retuned by the Sheriff unsatisfied.
In an Order dated May 18, 2000, the award of back wages and separation pay was
recomputed till finality of judgment till Pantranco closedown and in lieu of reinstatement
the award of one 1 month salary per year of service was granted. The amount recomputed
totaled to P562, 054,419.32.
By virtue of Orders issued by the Arbitration, 3rd, and 4th Alias Writ of Execution
was issued on 3 January 2001, and 4 May 2001 respectively, but all were returned
unsatisfied.
On the strength of a 5th Alias Writ of Execution, a Notice of Levy/Sale on
Execution of Personal Property was issued. By then PMO filed its Notice of Third-Party
Claim on 17 September 2001. Labor Arbiter denied PMO’s Notice of Third Party Claim.
PMO appealed the same to NLRC which affirmed the earlier Decision of the Labor
Arbiter. The case reached the Supreme Court, where the court ultimately ruled against
PMO.
Meanwhile, On 5 July 2002, all the Pantranco case were consolidated to include
claims from Pantranco Retrenched Employees Association, Inc (PANREA) Pantranco
Employees Association (PEA), PANTRANCO Association of Concerned Employees
(PACE), 38 Faideal Janitorial Workers and 27 Individual Dismissed Workers covering 27
individual cases.
On 18 September 2007, 6th Alias Writ of Execution was issued but expired without
the judgment being satisfied. 7th Alias Writ of Execution was issued on 05 May 2004 to
garnish the P 7,844,000.00 from payment of PNB Medecor from their levied properties.
 PANREA filed an Ex Parte Motion for the Issuance of Alias Writ of Execution
praying for the enforcement of the balance of judgment award on 9 February 2009. 8 th
Alias Writ of Execution was issued on 24 February 2009. By virtue of the 8th Alias Writ
of Execution, Sheriff Braullo Malilin sold at public auction at Santiago City Isabela on 29
June 2009 parcel of land situated in Santiago City covered by TCT – TSC No 1764 and
20704 registered under the name of PEA- PTGWO and sold the same to PANREA . After
attempting to enter upon the property and learning that PMO is occupying the same,
PANREA filed a Motion for the Issuance of a Writ of Possession on September 2, 2009
alleging, among others, that as buyer through auction sale, it has now the better right to
possess and enjoy the property while it is subject to the right of redemption by any
interested party. Writ of Possession was issued by Labor Arbiter Daniel Cajilig on
December 07, 2009.
On 12 September 2013, Imelda Ledda, Arsenio Liwag and Danillo awardees in the
Decision dated 27 May 1993 filed a Petition for the Issuance of temporary Restraining
Order and or Preliminary Injunction seeking to annul the Order of Recompilation and
Rectification dated 18 May 2000. Petitioners claimed that PANREA was never a
complainant in the original petition and that it was only organized only after the decision
was promulgated. Due to such, numerous members of PANREA which were not
included in the original complaint became awardees in the 18 May 2000 Order. They as
well alleged that there are retrenched employees who would be recovering twice from
the same cause of action by virtue of inclusion to numerous cases. Third Division NLRC
promulgated its Decision for the Petition on 30 September 2013. NLRC did not give due
course to the petition for being filed way beyond the prescribed period and dismissed the
same.
Imelda Ledda and Arsenio Liwag seeking the same remedies they prayed for in
the NLRC, filed a Motion to Set Aside Order before the Office of Labor Arbiter Mona
Lisa Vargas, where the case was reassigned. On 08 April 2016, LA Vargas issued an order
dated 08 April 2016, directing the recomputation of the balance of the judgment of
decision dated 27 May 1993 and Order dated 18 May 2000. Ruling that while the 30
September 2013 has become final and stands, it is necessary to order the recomputation
of the balance award left and to whom such balance pertains to in order to ensure that
there is no overpayment to those judgment awards have already been fully satisfied, and
those who were not able to receive the balance due to them will be able to obtain the same
from the proceeds of the execution and auction sale of properties levied upon by the
Sheriffs on case.