Republic of the Philippines

Department of Labor and Employment

National Labor Relations Commission
Quezon City

TAXI-TAXI BLUE CAB TRANSPORT CORP.

Petitioner,
LER NO.______________________
-versus - NLRC LAC NO. 03-001179-17
NLRC CASE No.NCR. 07-08771-16
With Prayer for the issuance of Temporary
Restraining Order

HON. REMEDIOS TIRAD-CAPINIG/

JOSEPH BADE OCAMPO,
Respondents
X--------------------------------X

PETITION FOR EXTRAORDINARY REMEDIES

TAXI-TAXI BLUE CAB TRANSPORT CORPORATION, represented by its

President, GARY JASON SANTOS, unto this Honorable Commission most
respectfully file this PETITION and respectfully avers and states that:

1. This PETITION FOR EXTRAORDINARY REMEDIES sanctioned under Sec.1,

RULE XII, EXTRAORDINARY REMEDIES (n) of the 2011 NLRC Rules of
Procedures, seeks to annul the ORDER dated June 21, 2018 of the HON.
REMEDIOS TIRAD-CAPINIG, dispositive portion of which reads:
“ACCORDINGLY, the (1) Manifestation for clarification with Urgent
motion to immediately stop the public auction for being void and to lift
the notice of levy and (2) Urgent Motion to declare the illegality of the
Execution and the Public Auction filed by Taxi-Taxi Blue Cab Transport
Corp., are hereby DENIED for lack of merit.

Quezon City, Philippines, June 21, 2018.”

2. Annexed is the Original Copy of the afore-quoted ORDER dated June 21,
2018 and made an integral part of this Petition and was received only last August
16, 2018 and in accordance with the Rules of the NLRC, petitioner has Ten (10)
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calendar days to file a Petition for Extra-Ordinary Remedies, or until August 26,
2018;
3. Supporting documents, such as certified copies of OR and CR of the
levied Taxi Unit, the copies of the Motions filed particularly: (1) Manifestation for
clarification with Urgent motion to immediately stop the public auction for being
void and to lift the notice of levy and (2) Urgent Motion to declare the illegality of
the Execution and the Public Auction filed by Taxi-Taxi Blue Cab Transport Corp.
are hereto attached in this Petition;

GROUNDS FOR THE PETITION

THERE IS PRIMA FACIE EVIDENCE OF GRAVE ABUSE OF DISCRETION AND

SERIOUS ERRORS IN THE FINDINGS OF FACTS ON THE PART OF THE LABOR
ARBITER, IF NOT CORRECTED, WOULD CAUSE GRAVE OR IRREPARABLE DAMAGE
OR INJURY TO THE PETITIONER AND THE ASSAILED ORDER WILL CAUSE
INJUSTICE IF NOT RECTIFIED WHEN SHE DENIED THE TWO (2) MOTIONS OF THE
PETITIONER for lack of merit.

ARGUMENTS AND DISCUSSIONS

4. In rendering the assailed ORDER, the Hon. Labor Arbiter caused injustice
to the petitioner if not rectified since the ORDER was issued in a capricious and
whimsical manner tantamount to lack or in excess of jurisdiction;

5. The Hon. Labor Arbiter gravely abused her discretion when her power
was exercised in an arbitrary and despotic manner by reason of passion or
personal hostility and so patent and gross as to amount to an evasion of positive
duty or to a virtual refusal to perform the duty enjoined or to act at all in
contemplation of law;

6. Section 2, Under Rule XII, Extraordinary Remedies, provide for the

grounds of (1) PRIMA FACIE EVIDENCE OF GRAVE ABUSE OF DISCRETION AND
SERIOUS ERRORS IN THE FINDINGS OF FACTS , IF NOT CORRECTED, WOULD
CAUSE GRAVE OR IRREPARABLE DAMAGE OR INJURY TO THE PETITIONER, AND

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(2) THE ASSAILED ORDER WILL CAUSE INJUSTICE IF NOT RECTIFIED which clearly
laid down in this petition;

7. The Honorable Labor Arbiter ruled that both motions filed are prohibited
and shall not be acted upon nor elevated to the Commission using the provision
of Section 5, Rule V of the 2011 NLRC Rules of Procedures. In Section 5 thereof,
the prohibited pleadings and motions are:
h) Appeal from any interlocutory order of the Labor Arbiter, such as but
not limited to, an order: (1) denying a motion to dismiss; (2) denying a motion to
inhibit (3) denying a motion for issuance of writ of execution; (4) denying a
motion to quash writ of execution, xxx.

j)Appeal from orders issued by the Labor Arbiter in the course of

execution proceedings; and
k) Such other pleadings, motions and petitions of similar nature intended
to circumvent above provisions xxx”.

8. In ruling that both motions are now moot and academic, for the record,
both motions were filed last May 23, 2018 and May 31, 2018 respectively, both
before the date of auction sale;

9. Also, the Labor Arbiter ruled that the motions are in “the nature of a
motion for issuance of a Temporary Restraining Order, and/or writ of preliminary
or permanent injunction” and did not comply with the requirements of filing fee,
for which it deserves an outright dismissal. Moreover, the Labor Arbiter ruled
that both motions lack legal and factual basis as movant failed to submit certified
copies of OR/CR;

10. On the contrary, the motions filed by the petitioner is NOT an appeal
and the requirement for the payment of filing fee is NOT applicable. Likewise, the
motions were NOT in “the nature of a motion for issuance of a Temporary

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Restraining Order, and/or writ of preliminary or permanent injunction” as the
Labor Arbiter has no power to issue;

11. What has been filed are the motions seeking manifestation for
clarification with urgent motion to immediately stop the public auction while the
clarification as to the legality of the execution of the subject levied vehicle is being
raised by the petitioner before the Hon. Labor Arbiter;

12. At the earliest opportune time, during the pre-execution proceedings

for the issuance of the writ of execution , petitioner, TAXI-TAXI BLUE CAB
TRANSPORT CORP., had raised the issue that it is a different company from TAXI-
TAXI BLUE CAB which is the respondent in the above-entitled case;

13. Petitioner’s manifestation that it is not the respondent in the above-

entitled case is duly filed, received and acknowledged by the Labor Arbiter in her
writ of execution issued, commanding the Sheriff to satisfy the judgment against
the respondent, TAXI-TAXI BLUE CAB, and NOT against TAXI-TAXI BLUE CAB
TRANSPORT CORP.;

14. TAXI-TAXI BLUE CAB TRANSPORT CORPORATION , is a totally different,

separate, and distinct corporation from the respondent ,TAXI-TAXI BLUE CAB in
the above-captioned case and used that as a legal basis in filing an urgent plea for
the immediate lifting of notice of levy on one of its TAXI Unit illegally
commandeered by Sheriff Artajo knowingly and intentionally levied in bad faith;
15. In fact, the Notice of Levy shows specific unit as shown below ( Annex-
A for copy of the Notice of Levy attached to the motions:
PLATE NO. Make/ Series/Type REGISTERED OWNER
Year model
TXF-794 TOYOTA VIOS J 1.3 TAXI-TAXI BLUE CAB
YEAR-2008

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while the levied taxi unit is not the unit specifically stated in the notice of levy
(ANNEX-B attached to the motions):

PLATE NO. Make/ Series/Type REGISTERED OWNER

Year model
UVL985 TOYOTA VIOS J 1.3 TAXI-TAXI BLUE CAB
YEAR 2011 TRANSPORT CORP.

16. Obviously, the Sheriff with manifest gross ignorance and gross
negligence with biased partiality, abuse of authority, and conduct of unbecoming
of public officer, illegally commandeered the above taxi unit of the petitioner
with GRAVE ABUSE OF DISCRETION and without VERIFYING FIRST with LTO based
on the certificate of registration that the registered owner is TAXI-TAXI BLUE CAB
TRANSPORT CORP., and not TAXI-TAXI BLUE CAB (See Annex-C for certified copy
of OR/CR attached to this petition);

17. The Sheriff committed gross negligence and gross abuse of authority as
manifestly evident when in order to cure and cover-up his intentional errors, he
ADDED and WROTE IN HIS OWN PENMANSHIP the above taxi unit he
commandeered specifically UVL 985 which is owned by the petitioner , TAXI-TAXI
BLUE CAB TRANSPORT CORP. ( See Annex-D attached to the motions);

18. This resulted to injustice as the levied taxi unit belongs to the petitioner
caused prejudice to the corporation and its operations and the damage is
continuing , day by day as we incurred losses ;

20. We demand the immediate release of the taxi unit erroneously levied
immediately. In fact, we have filed criminal complaint before the City Prosecutor
of the Quezon City for carnapping;

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21. Likewise, the undersigned prays that TAXI-TAXI BLUE CAB owned by

MR. TOMAS CO , a single proprietor, is not the owner of TAXI-TAXI BLUE

CAB TRANSPORT CORPORATION, the latter is a corporation having legal

personality, separate and distinct from its officers , managers and

incorporators;

22. Furthermore, Mr. TOMAS CO should be held personally liable and its

company, TAXI-TAXI BLUE CAB. Undersigned hereby manifests that the

address used at No.21 Samonte Road, Nagkaisang Nayon, Novaliches,

Quezon City is the official address of TAXI-TAXI BLUE CAB TRANSPORT

CORPORATION and not by TAXI-TAXI BLUE CAB which has been maliciously

used by TOMAS CO;

23. The unauthorized use of the said address by Mr.TOMAS CO is NOT

sanctioned by the undersigned and shall be dealt with accordingly. The

undersigned shows proof that the company subject of the writ of execution

, TAXI-TAXI BLUE CAB owned by TOMAS CO , is NOT EXISTING on the said

address and far different from the company , TAXI-TAXI BLUE CAB

TRANSPORT CORPORATION registered under the law;

24. Precisely , the filing of complaint against TAXI-TAXI BLUE CAB and

against TOMAS CO and the decision rendered being final and executory

legally affects only those parties in the case and therefore exclude the

undersigned and its corporation, TAXI-TAXI BLUE CAB TRANSPORT

CORPORATION, being NOT a party to the case, from the time of filing of

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the complaint, conduct of conferences, conduct of hearing and until the

rendition and finality of the decision;

25. The immutability of the final and executory decision can only be

executed by the issuance of a writ of execution only against the respondent

stated in the decision. The notice of levy issued must be strictly executed

within the metes and bounds of the letter of the writ of execution ;

26. Thus, the scheduled public auction by the Sheriff is VOID from the

beginning and must be stopped as it flows outside the authority of the

Sheriff coupled with criminal act of CARNAPPING.

PRAYER

WHEREFORE, premises considered , the undersigned most

respectfully prays that the Honorable Commission set-aside the subject

ORDER and restrained the Sheriff from further acts of execution against the

petitioner .

Other reliefs just and equitable under the premises are likewise

prayed for.

23 May 2018 Quezon City, Philippines.

For and in behalf of:

TAXI-TAXI BLUE CAB TRANSPORT CORP.

GARY JASON SANTOS

President

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Copy furnished:

KENNETH ARTAJO
SHERIFF
NLRC-NCR
Banawe Quezon City

Hon. REMEDIOS TIRAD-CAPINIG

Labor Arbiter
DOLE-NLRC-NCR