6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[18] The petitioners moved for reconsideration, but their motion was denied by the NLRC in its resolution, dated February 2, 2011. Undaunted, the petitioners filed a petition for certiorari before the CA arguing that it should be the ESA, or the Ontario labor law, that should be applied in Arriola's employment contract. No temporary restraining order, however, was issued by the CA. The Execution Proceedings In the meantime, execution proceedings were commenced before the LA by Arriola. The LA granted the motion for execution in the Order,[19] dated August 8, 2011. The petitioners appealed the execution order to the NLRC. In its Decision,[20] dated May 31, 2012, the NLRC corrected the decretal portion of its November 30, 2010 decision. It decreased the award of backpay in the amount of CA$26,880.00 or equivalent only to three (3) months and three (3) weeks pay based on 70-hours per week workload. The NLRC found that when Arriola was dismissed on September 9, 2009, he only had three (3) months and three (3) weeks or until December 31, 2009 remaining under his employment contract. Still not satisfied with the decreased award, IPAMS filed a separate petition for certiorari before the CA. In its decision, dated July 25, 2013, the CA affirmed the decrease in Arriola's backpay because the unpaid period in his contract was just three (3) months and three (3) weeks. Unperturbed, IPAMS appealed before the Court and the case was docketed as G.R. No. 212031. The appeal, however, was dismissed outright by the Court in its resolution, dated August 8, 2014, because it was belatedly filed and it did not comply with Sections 4 and 5 of Rule 7 of the Rules of Court. Hence, it was settled in the execution proceedings that the award of backpay to Arriola should only amount to three (3) months and three (3) weeks of his pay. The CA Ruling Returning to the principal case of illegal dismissal, in its assailed January 24, 2013 decision, the CA affirmed that Arriola was illegally dismissed by the petitioners. The CA explained that even though an authenticated copy of the ESA was submitted, it did not mean that the said foreign law automatically applied in this case. Although parties were free to establish stipulations in their contracts, the same must remain consistent with law, morals, good custom, public order or public policy. The appellate court wrote that the ESA allowed an employer to disregard the required notice of termination by simply giving the employee a severance pay. The ESA could not be made to apply in this case for being contrary to our Constitution, specifically on the right of due process. Thus, the CA opined that our labor laws should find application. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61749 4/16