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[G.R. No. 156189. October 13, 2003]

vs. CAPULONG

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 13 2003.

G.R. No. 156189 (Pharmacia & Upjohn, Inc., Ashley Morris, Jane Montilla, Antero M. Sison, Jr., and Wilma Cua vs. Gina Capulong.)

Petitioners herein submitted their petition for review on certiorari dated January 10, 2003 before this Court with a prayer that a writ of preliminary injunction be issued enjoining Labor Arbiter Lustria and Sheriff Ronnie Jalalain from proceeding with any incident in NLRC-NCR Case No. 00-05-02911-2000 or from executing on the payroll reinstatement aspect of the labor arbiter's decision until further orders from this Court.

It should be noted that under Paragraph 3, Article 223 of the Labor Code, the decision of the labor arbiter reinstating a dismissed employee is immediately executory even while the case is brought up on appeal:

Article 223. Appeal.--- x x x

In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatementprovided herein.

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WHEREFORE, petitioners' prayer for the issuance of a writ of preliminary injunction is DENIED.

The manifestation and motion of petitioners praying that with the issuance of the alias writ of execution dated August 1, 2003, a temporary restraining order be issued immediately enjoining Labor Arbiter Joel Lustria and Sheriff Joel Jalalain from proceeding with any incident in NLRC-NCR Case No. 00-05-02911-2000 (CA No. 027833-01) or from executing on the payroll reinstatement aspect of the decision until further orders from this Court, with prayer that a writ of preliminary injunction be issued upon payment of bond that may be fixed by this Court is NOTED.

Very truly yours,

(Sgd.)VIRGINIA ANCHETA-SORIANO
Clerk of Court

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