Philippine Supreme Court Resolutions > Year 2007 > August 2007 Resolutions > [G.R. No. 158075 : August 06, 2007] PHILIPPINE DIAMOND HOTEL AND RESORT, INC. (MANILA DIAMOND HOTEL), PETITIONER, V. MANILA DIAMOND HOTEL EMPLOYEES UNION, ET AL., RESPONDENTS. :

Quoted hereunder, for your information, is a resolution of this Court dated 6 AUGUST 2007:

G.R. No. 158075 PHILIPPINE DIAMOND HOTEL AND RESORT, INC. (MANILA DIAMOND HOTEL), petitioner, v. MANILA DIAMOND HOTEL EMPLOYEES UNION, ET AL., respondents.

On June 30, 2006, this Court rendered a decision in the above-entitled case, the dispositive portion of which reads:

"WHEREFORE, the Decision dated November 21, 2002 of the Court of Appeals is, in light of the foregoing ratiocinations, AFFIRMED with MODIFICATION in that only those members of the union who did not commit illegal acts during the course of the illegal strike should be reinstated but without backwages. The case is, therefore, REMANDED to the Labor Arbiter, through the NLRC, which is hereby directed to, with dispatch, identify said members and to thereafter order petitioner to reinstate them, without backwages or, in the alternative, if reinstatement is no longer feasible, that they be given separation pay at the rate of One (1) Month Pay for every year of service." (Emphasis supplied)

Respondents' motion for reconsideration having been denied, they filed on October 4, 2006 before the National Labor Relations Commission (NLRC) a Motion for Execution with respect to the portion of the decision ordering the identification of union members who did not commit illegal acts and their immediate reinstatement.

Respondents also filed a Manifestation with Motion dated January 18, 2007 with the NLRC praying that their Motion for Execution be acted upon.

Pending resolution of the said motions, respondents filed a Motion to Re-raffle the above-entitled case dated February 13, 2007, since the Labor Commissioner assigned to hear the motions was indisposed.

On February 27, 2007, the Second Division of the NLRC sent a communication to the counsel for respondents reading:

"This has reference to your Motion for Execution to Set Case for Pre-execution Conference, Motion to Set Case for Conciliation/Mediation and Ex-Parte Motion to Re-Raffle Case filed before the Second Division.

The Commission (Second Division) is barred from resolving these motions considering the absence of the case folder/rollo relevant to CC No. 000150-98 entitled "Philippine Diamond Hotel and Resort Inc. (Manila Diamond Hotel) -vs.- Manila Diamond Hotel Employees Union" which is currently with the Third Division of the Supreme Court.

The Commission inasmuch as It would like to expedite the case, the same cannot be effected in the absence of the case folder." (Underscoring supplied)

On March 9, 2007, respondents filed a Motion for Execution with this Court praying for the issuance of an order directing the NLRC to issue a writ of execution with respect to the identification of union members who did not commit illegal acts, and ordering their immediate reinstatement.