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4. dismissing all other claims for lack of merit.
SO ORDERED.[7]
On appeal, the National Labor Relations Commission (NLRC) reversed the Labor
Arbiter's Decision and denied reconsideration. Then, on certiorari, the Court of Appeals
reinstated the judgment of the Labor Arbiter. Sameer immediately filed an appeal[8]
before this Court which, however, was denied in a minute resolution[9] and in a
subsequent resolution[10] on motion for reconsideration. Finally, the entry of judgment
issued on October 8, 2010.[11]
On July 31, 2012, at the instance of Gutierrez,[12] the Labor Arbiter issued a Writ of
Execution[13] containing a re-computation of the original monetary award and a
conversion thereof into the Euro currency. The writ materially reads:
NOW, THEREFORE, you are hereby directed to proceed to the premises of
respondents Sameer Overseas Placement Agency, Rizalina Lamzon and Irish
Nursing Home Organization Limited, located at Rizal Tower, 4474 Singian
Street corner Makati Avenue, Makati City, Metro Manila, or wherever they
may be found in the Philippines, to collect the total amount of TEN
THOUSAND FOUR HUNDRED FIFTY THREE & 804/100 EUR
(10,453.804 EUR) or its Peso equivalent prevailing at the time of actual
payment representing the complainant's monetary awards pursuant to the
Decision dated 10 February 2003, and to deposit the same to the NLRC
Cashier for disposition.
xxxx
SO ORDERED.[14]
Sameer moved to recall and/or quash the writ of execution[15] believing that the Labor
Arbiter, in converting the award into Euro on execution, had illegally varied the terms of
the final and executory Decision in the termination case. The writ was sustained in an
Order dated December 12, 2012.[16] Then, on January 18, 2013, Sameer filed with the
NLRC a petition to annul[17] the December 12, 2012 Order and insisted on the
nullification of the writ. The NLRC dismissed said petition in a Decision dated February
25, 2013.[18]
Upon denial of its motion for reconsideration,[19] Sameer elevated the matter to the
Court of Appeals on certiorari.[20] The Court of Appeals dismissed the petition for lack
of merit,[21] and likewise denied reconsideration.[22]
Hence, this petition.
Sameer posits that the Court of Appeals erred (a) in not finding grave abuse of
discretion on the part of the Labor Arbiter when it changed the currency of the
monetary award to Euro; (b) in not finding grave abuse of discretion on the part of the
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