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Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 10 2003.

G.R. No. 112661 (Simeon De Leon, et al. vs. National Labor Relations Commission, et al.)

Petitioners filed before this Court an "Urgent Motion Requesting Number of Years to be Applied for the Claim of Benefits Under G.R. No. 112661." They pray that the Court make a pronouncement as regards the number of years that should be considered in the computation of their monetary award pursuant to our Decision dated May 30, 2001, and our Resolution dated May 27, 2002. We find, however, that this matter should be properly addressed to the Labor Arbiter before whom the case is now pending for execution. The terms of our Decision and Resolution are clear and the same have attained finality on September 10, 2002 after having been recorded in the Book of Entries of Judgment. We reiterate our ruling in our Resolution of May 27, 2002:

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We agree with the respondent FTC that the petitioners can be given only the awards ordered by the Labor Arbiter.The decision of said Labor Arbiter has not been assailed by the petitioners and in their petition before us, petitioners merely prayed for its affirmance. Respondents will be denied due process if they will be made liable on the basis of an issue not raised by the petitioners themselves.

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IN VIEW OF THE FOREGOING, the Court resolves to REFER the instant motion to the Labor Arbiter for consideration in the computation of petitioners' monetary award.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court

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