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COURT OF APPEALS
Manila
NINTH (9TH) DIVISION
FELIPE C. TIMCANG, JR.,
RONNEL
C.
ABIELA,
VIRGILIO
GRAFIL,
GERARDO
DOQUE,
EDUARDO
BULALACAO,
MANUEL PEREZ, RICARDO
PASCUA,
ANDREW
LAGAMON,
LARRY
BACAA, DEXTER FLORES,
MELCHOR
PEREZ,
JOEL
OLOYA, PIODOS DIODITO,JR
,GUILLERMO
GRANADO,
ARTHURO P. ENRIQUEZ,
LEONARDO IBO, ROMEO
CAPA,
ELMER
SAN
ANDRES, FELIX BOSTON,
RODELIO SAYAWAN, ZALDY
LUNA,
ROMMEL
DELA
CRUZ, HENRY NAPIGKIT,
ALEX
CORRE,
VAL
HERRERA,
EDUARDO
TANIG, RODEL GALLARDO,
JESSIE MUAJE,
DANILO
MINOZA,
JOSELEYMAN
CERBITO, JOSEPH DONOR,
BENJAMIN ASIOCHE, JIMMY
MARCELINO,
ARIEL
ALEJANDRO,
ERDIE
TORRES, ALGIE RAMIREZ,
ANJO PANAO, FELICISIMO
CATANIAG,
JUANITO
MENDOZA,
ALEXANDER
PADIT, ROBERTO REYES,
JR.,
LARRY
CACHO,
VIRGILLIO
R.
REYES,
GLENN
P.
ENRIQUEZ,
NELSON
D.
HUERTAS,
APRIL
F.
ANGELES,
NORBERTO
H.
CAPA,
GREGORIO A. SALAZAR,
AMIEL
E.
TRINIDAD,
DAMASO
V.
CATAHAN,
RODELIO L. DELA CRUZ,
RUEL PASCUAL, NICANOR
GOJOCRUZ ALARCON , JR.,
RICKY A. LLANES,. RUEL H.
REYES, ANISIO U. DE VERA,
GEMAR
R.
LLAGAS,
NOJARIO G. HILADO, JERRY
ALVARADO,
SONNY
CABALLERO,
LORENZO
CUSTODIO,
ROGELIO
CATAREG,
BERNALD
SEGUNDO,
BERNARD
ESTRELLA,
MELCHOR
OLOYA, EDDIE GONZALES
,
OLIVER
NICOLAS,
JOVENCIO
LUMAGBAS,
JAYSON,
MACARANAS,
ALEJANDRINO ALVARADO,
JR., TEDDY BEDRIJO, ALVIN
QUIONES,
RODEN
CONTANTE,
FERNANDO
ETIONG, JONDY BERMAL,
NESTOR
ROSARIO,
EDGARDO
FRANCISCO,
MARLON
CASTILLO,
BERNARDO BUENO, ARNEL
LAMSON, RITCHIE MALATE,
RAYMAR DEVERA, RONALD
MARCELINO,
SYDRICK
ENCINA, MICHAEL MARCO,
RANDY OLOYA, MARION
VALENZUELA,
ANDRES
BERCILLA,
JANIVEN
SALVADOR,
GREGORIO
PABALAN, NOEL PEAFIEL,
JOSEPH ACAHEN, ARTHUR
TINGZON,
LEOPOLDO
LEBRILLA,
ROMEO
NATIVIDAD,
ALBERT
FLORES, GILBERT ATOS,
WILFREDO
NOTORIO,
ERNESTO
FRANCISCO,
ANGELITO
BUENAVENTURA,
ROEL
HABLA, ROBEL DELA CRUZ,
CA-G.R. SP No.
NATIONAL
LABOR
RELATIONS COMMISSION,
STAM
BUILDERS
&
DEVELOPERS, INC. and MR.
MANUEL U. AGUSTINES,
Respondents.
x---------------------------------------------x
PARTIAL MOTION FOR RECONSIDERATION
Petitioners, to this Honorable Court of Appeals,
respectfully move for a partial reconsideration of its Decision
dated 16 April 2015, which was received by the petitioners,
through counsel, on 4 May 2015, on the followingGROUNDS:
I
WITH ALL DUE RESPECT, THE HONORABLE
COURT OF APPEALS COMMITTED GRAVE
ABUSE OF DISCRETION AMOUNTING TO LACK
OR EXCESS OF JURISDICTION IN SUSTAINING
THE LEGALITY AND VALIDITY OF THE
III
WITH ALL DUE RESPECT, THE HONORABLE
COURT OF APPEALS COMMITTED GRAVE
ABUSE OF DISCRETION AMOUNTING TO LACK
OR EXCESS OF JURISDICTION IN HOLDING
THAT PETITIONERS WERE NOT ILLEGALLY
DISMISSED.
IV
WITH ALL DUE RESPECT, THE HONORABLE
COURT OF APPEALS COMMITTED GRAVE
ABUSE OF DISCRETION AMOUNTING TO LACK
OR EXCESS OF JURISDICTION IN TOTALLY
DISMISSING PETITIONERS MONEY CLAIMS IN
THESE
CASES
INCLUDING
DAMAGES,
ATTORNEYS FEES, LITIGATION AND OTHER
RELATED EXPENSES.
By way of discussion of the foregoing
petitioners present hereunder the following -
grounds,
SUBMISSIONS:
I
WITH ALL DUE RESPECT, THE HONORABLE
COURT OF APPEALS COMMITTED GRAVE
LeopoldoC. Lebrilla;
Marlon C. Valenzuela;
Oliver D. Nicolas;
Jayson B. Macaranas;
Dio Mark B. Diaz;
Alejandrino B. Alvarado;
Reynaldo E. Torres;
Bernardo B. Bueno;
Arnel R. Lamson;
Andres B. Bercilla;
Angelo T. Valentin;
Julius G. Guilalas;
Antolin V. Baas;
Raymar P. De Vera; and
Bernard SM. Estrella
It must be duly noted that the period between the midJanuary 2009 to February 2009 was the height of the
struggle of the employees of SBDI to have their union, herein
union, recognized and certified as the sole and exclusive
bargaining agent of respondent SBDIs rank-and-file
employees.
Respondents did not present any proof and/or
explanation why respondent SBDI suffered the alleged huge
losses. It also failed to present any explanation that
continuation of its (SBDI) operation is no longer feasible
under the circumstances.
In
the
absence
of
valid
explanation
and/or
substantiation of the aforementioned points and taking into
consideration that respondents violated the thirty (30)-day
notice rule; the herein questioned financial statements were
unsigned and made only on 14 April 2000, a month after
the closure; no proof of prior cancellation of service
contracts with their alleged principals which caused the
alleged huge losses of respondent SBDI; and the timing of
the closure, among others, will definitely result to a
conclusion that respondent SBDIs closure, subject of this
case, was tainted with bad faith and therefore illegal. This is
so plain to be mistaken.
II
WITH ALL DUE RESPECT, THE HONORABLE
COURT OF APPEALS COMMITTED GRAVE
ABUSE OF DISCRETION AMOUNTING TO LACK
OR EXCESS OF JURISDICTION IN HOLDING
THAT RESPONDENTS WERE NOT GUILTY OF
UNFAIR LABOR PRACTICE.
Respondents were guilty of unfair labor practice for
seriously interfering to the purely union affairs of their
employees (herein petitoners) and for union busting.
The acts committed and/or perpetrated by respondents
prior, during and after the certification of the herein union as
the sole and exclusive bargaining agent of its (SBDI) rankand-file employees, including the timing of the closure of
respondent SBDI and its (SBDI) filing of a petition for the
cancellation of the certificate of registration of the mother
THOUSAND
(P100,000.00)
PESOS, for each
petitioner, as moral damages and TWO HUNDRED
THOUSAND (P200,000.00) PESOS, for each
petitioner, for exemplary damages;
5. HOLDING all respondents LIABLE, jointly and
severally, for all the money claims herein claimed.
6. DECLARING respondents liable to reimburse
petitoners all their litigation and other related
expenses, including attorneys fees equivalent to ten
(10%) percent of the total monetary award.
LAWIN
(Legal Advocates for Workers INterest)
Counsel for Complainant
Room 206, Jiao Building
2 Timog Avenue, Quezon City
Email address: lawin2setufree@yahoo.com
Telefax (02) 373-18-44
ERNESTO R. ARELLANO
PTR No. 0560896; 01-05-15; Q.C.
IBP No. 0981335; 01-05-15; CALMANA
ROLL No. 22660
MCLE No. IV-0017780; 22 April 2013
JASPER C. BALBOA
PTR No. 0595301; 01-06-15; Q.C.
IBP No. 0982982; 01-06-15; MANILA I
ROLL No. 63288
MCLE Compliance Until 14 April 2016
Admitted to the Bar on 07 May 2014
EXPLANATION
Due to constraint of time and the unavailability of
messengers to render the preferred personal filing and
service, the foregoing Partial Motion for Reconsideration was
filed with this Honorable Court of Appeals and a copy thereof
was served on the adverse party and the Honorable NLRC
through registered mailed.
ERNESTO R. ARELLANO