Philippine Supreme Court Resolutions > Year 2007 > September 2007 Resolutions > [G.R. No. 162190 : September 12, 2007] MERCURY DRUG CORPORATION, PETITIONER VERSUS DANDY V. QUIJANO, RESPONDENT. :

Quoted hereunder, for your information, is a resolution of this Court dated 12 September 2007:

G.R. No. 162190- MERCURY DRUG CORPORATION, petitioner versus DANDY V. QUIJANO, respondent.

On February 21, 2007, we issued a Resolution^[1] the salient text of which reads:

G.R. No. 162190 (Mercury Drug Corporation vs. Dandy V. Quijano). - Acting on the l^st Indorsement of the Office of the Chief Justice dated 2 January 2007, the Court resolves to:

1. NOTE the letter dated 21 December 2006 of respondent Dandy V. Quijano and REFER a copy thereof to Labor Arbiter Gaudencio P. Demaisip, Jr. who issued the Alias Writ of Execution dated 20 October 2006 in G.R. No. 126561 (Quijano vs. Mercury Drug Corporation) and in this case;

2. DIRECT the Division Clerk of Court to SERVE Labor Arbiter Demaisip, Jr., the Chairman of the National Labor Relations Commission, and Hon. Arturo D. Brion, Secretary of Labor and Employment, with (a) the entries of judgment in G.R. No. 126561 and in this case, and (b) this resolution, for appropriate action; and

3. REQUIRE Labor Arbiter Demaisip, Jr. to report to this Court the full implementation/execution of this Court's decisions within thirty (30) days from notice.

In a Report attached to his Compliance and Motion,^[2] dated June 27, 2007, Labor Arbiter Gaudencio P. Demaisip, Jr. informed the Court that he inhibited from the case on December 1, 2006 and that Labor Arbiter Jose G. De Vera now handles the case.^[3]

Apparently, Labor Arbiter De Vera issued a 2^nd Alias Writ of Execution dated March 16, 2007 which partly provides:

x x x x

WHEREAS, on 01 March 2007, the immediate issuance of second alias writ of execution was issued directing the respondent to reinstate complainant to his former or substantially equivalent position pursuant to the Supreme Court decision of July 8, 1998, and to pay complainant's full backwages, which as of February 28, 2007 already amount to the net of P790,123.80, and that further backwages shall be computed and collected from respondent unless and until actual reinstatement shall have been complied with.

WHEREAS, the instant case in the meantime was set for hearing for a determination of salary increase and benefits granted during the pendency of the instant case so that an appropriate Order (herein could be issued.

NOW, THEREFORE, you [MR. RENE A. MASILUNGAN, Sheriff, This Commission] are hereby COMMANDED to proceed to the premises of respondent Mercury Drug Corporation located at No. 7 Mercury Avenue, Libis, Quezon City, or wherever it could be found, together with the complainant in order to cause his reinstatement to his former or substantially equivalent position, and to collect the amount of P790,123.80 representing his backwages as of February 28, 2007, plus the amount of P7,401.23 as execution fee.

Should you fail to collect from the respondent the said sums in cash, or the amount collected is insufficient to fully satisfy this writ, you are to cause its satisfaction, or any unsatisfied portion thereof against the movable or immovable properties of the respondent not exempt from execution.

You are commanded further to turn-over to the Cashier of this Commission whatever amounts you have collected for further disposition to the complainant in accordance with law.

Lastly, submit your monthly progress report of the proceedings undertaken, and return this writ within the period allowed by the rules of this Commission.

SO ORDERED.^[4] (Emphasis supplied.)

Per the Sheriffs Return dated May 4, 2007, the 2^nd Writ was partially satisfied, to wit:

Respectfully returned to the Hon. Labor Arbiter, JOSE G. DE VERA, the Original Copy of the 2^nd Alias Writ of Execution and the Order of Release, with the information that in compliance, EQUITABLE PCIBANK issued Manager's Check No. 0344-006346 in the amount of P797,524.23 in relation to the implementation of the subject order. Said check was deposited to the NLRC-NCR-Cashier on April 30, 2007, as shown by attached acknowledgment receipt

Finally; as regards to the reinstatement of the complainant, respondent, Mercury Drug Corp. failed to comply.

On April 30, 2007, a letter from Mr. Dandy Quijano was received which is self-explanatory. Copy of which is hereto attached.

Writ Partially Satisfied.^[5] (Emphasis supplied.)

In another letter^[6] dated June 6, 2007 to this Court, with attached copies of said 2nd Alias Writ of Execution and Sheriffs Return, Quijano still laments the failure of Mercury Drug Corporation to reinstate him.

We note the partial satisfaction of the 2nd Alias Writ of Excution. We also note that the amount sought to be collected as stated in the 2nd Writ represents Quijano's backwages as of February 28, 2007. Thus, Labor Arbiter De Vera must further execute the collection of Quijano's backwages from March 1, 2007 since Mercury Drug Corporation has not yet reinstated Quijano. Until Quijano is reinstated, Labor Arbiter De Vera must regularly execute the collection of Quijano's backwages. Since Labor Arbiter De Vera made a voluntary undertaking on this point in the penultimate whereas clause of the 2nd Alias Writ of Execution, we direct him to update this Court on this matter.

We further note the hearing set to determine the salary increase due Quijano as stated in the last whereas clause. We also require Labor Arbiter De Vera to submit to this Court any Order he may issue on this matter.

As regards Quijano's reinstatement, we refer it in the meantime to Labor Arbiter De Vera, the Chairman of the National Labor Relations Commission (NLRC), and Honorable Secretary Arturo D. Brion for appropriate action in view of our prior referral on February 21, 2007.

WHEREFORE, we (1) ORDER Labor Arbiter Jose G. De Vera to (a) regularly execute the collection of Dandy V. Quijano's backwages from March 1, 2007 until he is reinstated and submit to this Court his Orders of Execution, and (b) submit to this Court any Order he may issue on the salary increase due to Quijano; and (2) REFER Quijano's reinstatement to Labor Arbiter Jose G. De Vera, the Chairman of the NLRC, and Honorable Secretary Arturo D. Brion for appropriate action, in view of our prior referral on February 21, 2007. Labor Arbiter De Vera is further required to submit a report to this Court on Quijano's reinstatement within sixty (60) days from notice of this Resolution.

SO ORDERED.

Endnotes:

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^[1] Rollo p.491.

^[2] Id. at 504-505;506-511.

^[3] Id. at 508.

^[4] Id. at 501-503.

^[5] Id. at 500

^[6] Id. at 494-495.