November 2007 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2007 > November 2007 Resolutions >
[G.R. No. 167220 : November 19, 2007] RCBC SAVINGS BANK, INC. VS. NLRC AND LIZA SUAREZ-PUNZALAN :
[G.R. No. 167220 : November 19, 2007]
RCBC SAVINGS BANK, INC. VS. NLRC AND LIZA SUAREZ-PUNZALAN
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court dated 9 November, 2007:
G.R. No. 167220 � RCBC Savings Bank, Inc. vs. NLRC and Liza Suarez-Punzalan
RESOLUTION
For resolution is respondent�s Manifestation and Motion to Cite Petitioner in Contempt alleging that notwithstanding the entry of judgment, petitioner has again gone through a labyrinth of forum shopping by filing at least two Memoranda of Appeal with the National Labor Relations Commission (NLRC) on writs of execution previously implemented; that as of this date, petitioner has again appealed, elevating the same on certiorari to the Court of Appeals (CA); and that the appeals emanated from the same issues raised before this court.
In its Opposition, petitioner averred that: the subject matter of the appeals of petitioner, as well as the petition for certiorari before the CA, relates to the different orders of the Labor Arbiter issued in violation of the mandatory procedural requirements under the NLRC rules; petitioner particularly questions in its petition the non-holding of a pre-execution conference and absence of notice to the petitioner as to the computation of the judgment award; since the issues and reliefs sought for in the appeals and the petition for certiorari are totally different, there can be no forum shopping to speak of; the Memoranda on Appeal before the NLRC, as well as the Petition for Certiorari before the CA, are petitioner�s only immediate and speedy recourse to be able to obtain the return of the amount irregularly collected by private respondent; after the finality of the Labor Arbiter�s decision and private respondent�s receipt of her separation pay, her claim for backwages is unjustifiable.
On April 27, 2005, the Court denied due course to the Petition for Review on Certiorari for lack of sufficient showing that the CA had committed any reversible error in the questioned judgment to warrant the exercise by this Court of its discretionary jurisdiction in this case. This in effect affirmed the decision of the NLRC. On July 4, 2005, the Motion for Reconsideration thereof was denied with finality. On August 3, 2005, an entry of judgment was made. Consequently, the case was remanded to the Labor Arbiter for purpose of execution.
Considering that entry of judgment in this case has been made and the actions instituted by the respondent pertain to the manner of the implementation of the writs/alias writs of execution now pending before the CA, the Motion to Cite Petitioner in Contempt should be denied for lack of merit.
Accordingly, the Motion to Cite Petitioner in Contempt is DENIED.
SO ORDERED. Reyes, J., no part, Sandoval-Gutierrez, J., designated member
G.R. No. 167220 � RCBC Savings Bank, Inc. vs. NLRC and Liza Suarez-Punzalan
For resolution is respondent�s Manifestation and Motion to Cite Petitioner in Contempt alleging that notwithstanding the entry of judgment, petitioner has again gone through a labyrinth of forum shopping by filing at least two Memoranda of Appeal with the National Labor Relations Commission (NLRC) on writs of execution previously implemented; that as of this date, petitioner has again appealed, elevating the same on certiorari to the Court of Appeals (CA); and that the appeals emanated from the same issues raised before this court.
In its Opposition, petitioner averred that: the subject matter of the appeals of petitioner, as well as the petition for certiorari before the CA, relates to the different orders of the Labor Arbiter issued in violation of the mandatory procedural requirements under the NLRC rules; petitioner particularly questions in its petition the non-holding of a pre-execution conference and absence of notice to the petitioner as to the computation of the judgment award; since the issues and reliefs sought for in the appeals and the petition for certiorari are totally different, there can be no forum shopping to speak of; the Memoranda on Appeal before the NLRC, as well as the Petition for Certiorari before the CA, are petitioner�s only immediate and speedy recourse to be able to obtain the return of the amount irregularly collected by private respondent; after the finality of the Labor Arbiter�s decision and private respondent�s receipt of her separation pay, her claim for backwages is unjustifiable.
On April 27, 2005, the Court denied due course to the Petition for Review on Certiorari for lack of sufficient showing that the CA had committed any reversible error in the questioned judgment to warrant the exercise by this Court of its discretionary jurisdiction in this case. This in effect affirmed the decision of the NLRC. On July 4, 2005, the Motion for Reconsideration thereof was denied with finality. On August 3, 2005, an entry of judgment was made. Consequently, the case was remanded to the Labor Arbiter for purpose of execution.
Considering that entry of judgment in this case has been made and the actions instituted by the respondent pertain to the manner of the implementation of the writs/alias writs of execution now pending before the CA, the Motion to Cite Petitioner in Contempt should be denied for lack of merit.
Accordingly, the Motion to Cite Petitioner in Contempt is DENIED.
SO ORDERED. Reyes, J., no part, Sandoval-Gutierrez, J., designated member
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court