Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
Quezon City
Third Division

JAIME ROMANOS,
Complainant

-versus- , NLRC LAC NO. 08 00229 12

(NLRC RAB III 05 17717 11)

KOBECO INDUSTRIES CO.,

INC and KOMHO HUI.
Respondents,
x-----------------------------------------------x

OMNIBUS MOTION

COMES NOW, respondent Kobeco Industries Co., by its duly

authorized representative Noemi Orosco, unto the Honorable Third Division
of the National Labor Relations Commission most respectfully states:

1. That on August 6, 2014, Executive Labor Arbiter Mariano L.

Bactin summoned the respondent’s representative (Noemi Orosco)
and informed her that the complainant is already asking for a writ of
execution in the above-entitled case;

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(Photocopy of the minutes of Executive Labor Arbiter is attached
herein as ANNEX “1” to form an integral part hereof);

2. That Ms. Orosco was aghast on the said information for she
knew that respondent company still has an undecided appeal before
the National labor Relations Commission;

3. That on the same day, she went to the National Labor Relations
Commission and inquired about respondent’s appeal and was
informed that the decision was in the Mail;

4. She was further informed that the Notice of Decision,

addressed to her as the representative of respondent company, was
mailed under Registry Postal Slip No. 390098 while that of MR.
KOM HO HUI was under Registry Postal Slip No. 390097;

(Photocopy of the said Notice of Decision is attached herein as

ANNEX “2” to form an integral part hereof);

5. That Ms. Orosco then proceeded to the Office of the Post

Master to inquire on what happened to the said Decision;

6. That she was informed that the said Decision was returned to
sender due to “cant locate and dispatched under Bill No. 106
Meycauayan To Quezon City CPO Reg Line 15 dated December 18,
2012;

(Photocopies of the Certifications of the Office of the Post Master is

attached herein as ANNEXES “3 and 4” to form an integral part
hereof);

7. That apparently this is the reason why respondent company

has not received the said Decision and that is because it was
returned to sender;

8. That the law and the rules is very clear that respondents should
be afforded due process and part of that is for respondents to be able

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 to file a Motion for Reconsideration or Appeals anent an adverse
decision rendered against it by the National Labor Relations
Commission;

9. That since the respondents has not yet received a copy of the
said decision, the Entry of Judgment issued in the above-entitled case
should be set aside and Executive Labor Arbiter Bactin should refrain
from conducting any further proceedings in the above-entitled case
specifically the issuance of a writ of execution;

WHEREFORE, premises considered, respondent’s pray:

1. That it be furnished copy of the Decision in the above-entitled

case;

2. That it be allowed to file a Motion for Reconsideration or

Appeal upon receipt of the said Decision;

3. That the Entry of Judgment in the above-entitled case be set

aside;

4. That Honorable Executive Labor Arbiter Mariano L. Bactin, or

any person acting in his behalf, be ordered to restrain from
conducting any further proceedings in the above-entitled case;

Other reliefs and remedies just and equitable under the premises are also
prayed for.

NOEMI OROSCO
For the respondent company

cc.

Atty. Alfredo Bohol DOJ-PAO

2/F Maristel 3 Bldg Calvario

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Meycauyan 3020 Bulacan

Hon. Executive Labor Arbiter Mariano L. Bactin

NLRC RAB III 4th Floor Ascorp Building
Mc Arthur Highway Dolores
San Fernando Pampanga

Explanation

Copies of this motion is filed and sent by courier only due to the distances
involved.

Notice of Hearing

The Clerk of the Third Division NLRC

Kindly set the foregoing motion for hearing on August 29, 2014 at 10 am
without further arguments from the respondents.

NOEMI OROSCO