Alindao vs Joson : 114132 : November 14, 1996 : J Davide Jr : Third D... http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/114132.htm statements which cannot alter the final character of the Decision. Even Hisham, in its Comment to the petition, explicitly admits that: The case filed with the NLRC became final and executory and subject of a writ of execution and petitioner at this point in time was able to claim and receive the entire amount of said claim ... [32] Aside from this statement, however, the record before this Court is bereft of evidence tending to show that the writ of execution as regards the money claims case has indeed been implemented to any extent. WHEREFORE, the instant petition is GRANTED. The challenged Order of 10 February 1994 of respondent POEA Administrator Felicisimo O. Joson in POEA Case No. (L) 89-08-703 is hereby SET ASIDE. The public respondent Philippine Overseas Employment Administration is hereby DIRECTED to transmit the record of the said case to the Secretary of Labor and Employment for the prompt disposition, under the 1991 POEA Rules and Regulations, of the Motion for Reconsideration of the POEA Order of 28 November 1990 on the administrative aspect (recruitment) of the case, and ORDERED to implement with reasonable dispatch the Writ of Execution of 7 October 1993 for the execution of the Decision of 28 November 1990 on the money claims. Costs against the private respondent. SO ORDERED. Narvasa, C.J., (Chairman), Melo, Francisco, and Panganiban, JJ., concur. [1] POEA Information Sheet, Original Record (OR), vol. 1, 1, 14; Employment Contract dated 9 March 1988, Id., 2, 15. [2] Petitioners affidavit dated 1 August 1989, OR, vol. 1, 7, 12, 22; Petitioners Sworn Statement dated 7 August 1989, Id., vol. 2, 221-226. [3] Id., vol. 1, 24. [4] Id., 63. [5] OR, vol. 1, 73. [6] Id., 147-154. [7] Id., 109-114. [8] Id., 165-171. [9] Id., 184-188. [10] Id., 191-192. [11] Id., 202. [12] Id., vol. 2, 239-240. [13] Id., 244-246. [14] Id., 250-251. [15] Id., 260. [16] Id., 269-270. [17] OR, vol. 2, 271-282; Rollo, 33-38. [18] 221 SCRA 26 [1993]. [19] Rollo, 2-32. [20] Rollo, 82-96. 6 of 7 1/20/2016 2:10 PM

Select target paragraph3