SECOND DIVISION
[G.R. No. 208584. September 30, 2013.]
BONIFACIO PANCHOvs. HON. JOSE G. GUTIERREZ, HON. VIOLETA ORTIZ-BANTUG, HON. JULIE C. RENDOQUE, AS COMMISSIONERS OF THE NATIONAL LABOR RELATIONS COMMISSION [NLRC], SEVENTH DIVISION, CEBU CITY, AND/OR HACIENDA DEL PILAR AND/OR SL TEVES, INC., REPRESENTED BY ITS MANAGER-MILAGROS ALDEGUER-CARCELLER, ATTY. SAMSODIN T. TAHIR, AND ATTY. DINAH B. TABADA-CHU.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 30 September 2013 which reads as follows:
G.R. No. 208584 (Bonifacio Pancho v. Hon. Jose G. Gutierrez, Hon. Violeta Ortiz-Bantug, Hon. Julie C. Rendoque, as Commissioners of the National Labor Relations Commission [NLRC], Seventh Division, Cebu City, and/or Hacienda del Pilar and/or SL Teves, Inc., represented by its Manager-Milagros Aldeguer-Carceller, Atty. Samsodin T. Tahir, and Atty. Dinah B. Tabada-Chu).
After a judicious review of the records, the Court resolves to DISMISS the Petition for Contempt under Section 3, Rule 71 of the Rules of Court for failure of Bonifacio Pancho (petitioner) to show that Commissioners of the NLRC Jose G. Gutierrez, Violeta Ortiz-Bantug, and Julie C. Rendoque, and/or Hacienda Del Pilar and/or SL Teves, Inc.. represented by its Manager-Milagros Aldeguer-Carceller, Atty. Samsodin T. Tahir, and Atty. Dinah B. Tabada-Chu (respondents), committed a contumacious act in enjoining the enforcement of the writ of execution 1 issued in RAB VII-06-0052-2004-D, RAB VII-01-0010-2005-D, and RAB VII-04-0043-2005-D. HTAEIS
Records show that the assailed Temporary Restraining Order (TRO) was issued by the public respondents pursuant to Section 1 2 in relation to Section 10, 3 Rule XII of the 2011 NLRC Rules of Procedure, which authorizes the issuance of a TRO ex-parte in petitions to annul orders/resolutions of the Labor Arbiter issued during execution proceedings if it appears that great and irreparable damage and/or injury will result to the petitioner before his petition can be resolved. Considering that the correctness of the computation of backwages and the propriety of reinstatement in view of the workers' defiance of an earlier return to work order have been squarely raised, the Court finds no contumacious act on the part of respondents in enjoining the execution of the subject decision until the merits of the petition to annul the writ of execution is fully resolved.
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1.Rollo, pp. 99-103. Issued by Labor Arbiter Leo N. Montenegro on January 22, 2013.
2.SECTION 1. VERIFIED PETITION. — A party aggrieved by any order or resolution of the Labor Arbiter including those issued during execution proceedings may file a verified petition to annul or modify such order or resolution. The petition may be accompanied by an application for the issuance of a temporary restraining order and/or writ of preliminary or permanent injunction to enjoin the Labor Arbiter, or any person acting under his/her authority, to desist from enforcing said resolution or order. (Underscoring supplied)
3.SECTION 10. VERIFIED APPLICATION, ISSUANCE OF TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, BOND. — . . . .
If it shall appear from facts shown by the verified application and affidavits that great and irreparable damage and/or injury would result to the petitioner before the petition can be resolved, the Commission may issue a temporary restraining order ex-parte effective for a non-extendible period of twenty (20) calendar days from service on the private respondent.
In the issuance of a temporary restraining order or writ of preliminary injunction, the Commission shall require the posting of a cash bond in the amount of Fifty Thousand Pesos (P50,000.00), or such higher amount as may be determined by the Commission, to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs. (Underscoring supplied)
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