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.
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