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It does not include release and settlement to complaint for termination
disputes and money claims, which is not barred from proceeding his cause
of action for illegal dismissal and money claims pursuant to R.A. 8042
otherwise known as Migrant Workers Act.[8]
The copy of the LA's decision sent to the respondents by registered mail was returned
with the notation "Moved Out."[9] Thus, on December 14, 2010, the LA issued a writ of
execution.[10] On December 17, 201 0, the respondents moved to quash the writ of
execution, but the LA denied their motion on January 17, 2011, viz.:
WHEREFORE, the Writ of Execution dated December 14, 2010, hereby
STANDS UNDISTURBED and REMAINS effective.
ACCORDINGLY, let an Order to Release should be, as it is issued as prayed
for in the complainant's Urgent Ex-Parte Motion for an Order to Release,
dated January 7, 2010, of the garnished amount of P848,810,53 from the
respondent's account with the Bank of the Philippine Islands pursuant to the
2nd Sheriff Report dated January 7, 2011.
SO ORDERED.[11]
Apprised of the LA's decision upon receipt of the writ of execution,[12] the respondents
appealed the LA's decision to the NLRC.
However, on May 9, 2011,[13] the NLRC dismissed the respondents' appeal, disposing in
its decision:
WHEREFORE, premises considered, judgment is hereby rendered
DISMISSING the appeal for lack of merit. The Order of the Labor dated
January 17, 2011 is hereby AFFIRMED.
SO ORDERED.[14]
The NLRC justified its dismissal of the respondents' appeal as follows:
We are not persuaded.
It is noteworthy that the service was made by registered mail and We
presume regularity of the service in the absence of proof to the contrary.
Since the postal service stated that the respondents-appellants have moved
out of their address on record and since the latter failed to present
substantial evidence to disprove it, We find no valid reason to rule
otherwise.
It is worth to state that the address currently issued by the respondentappellants is new one as evidenced by the Secretary's Certificate attached to
their appeal (Records, p. 339)
Lastly, the quashal of the writ of execution is appropriate only in any of the
following circumstances:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63833
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