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Sample Motion

This document is a motion filed with the National Labor Relations Commission requesting that a garnishment order on the respondent's bank accounts be lifted. It summarizes that a decision was rendered awarding complainants amounts for 13th month pay and indemnity pay, a writ of execution was issued, and the respondent's bank accounts were subject to a notice of garnishment order. It states that the respondent paid the execution and deposit fee in satisfaction of the judgment, and the labor arbiter ordered the garnishment lifted. However, one bank, the Bank of the Philippine Islands, could not honor the order due to a discrepancy in the case number. The motion prays that the records be pulled to ascertain the correct

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Rizza Angela Mangalleno
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5K views3 pages

Sample Motion

This document is a motion filed with the National Labor Relations Commission requesting that a garnishment order on the respondent's bank accounts be lifted. It summarizes that a decision was rendered awarding complainants amounts for 13th month pay and indemnity pay, a writ of execution was issued, and the respondent's bank accounts were subject to a notice of garnishment order. It states that the respondent paid the execution and deposit fee in satisfaction of the judgment, and the labor arbiter ordered the garnishment lifted. However, one bank, the Bank of the Philippine Islands, could not honor the order due to a discrepancy in the case number. The motion prays that the records be pulled to ascertain the correct

Uploaded by

Rizza Angela Mangalleno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Motion: Outlines the actions requested by the respondent to the Honorable Office, including details of a decision, garnishment, and related orders.
  • Prayer: Contains the formal requests made to the Honorable Commission for case record review and relief actions.

Republic of the Philippines

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City

Plaintiffs,

- versus - NLRC CASE NOs.

Respondent,

x-----------------------------------x

MOTION

COMES NOW, respondent, through the undersigned counsel and unto this Honorable Office,
respectfully states that:

1. On 16 April 2007, a Decision was rendered by the Honorable Labor Arbiter, awarding the
complainants their 13th month pay and indemnity pay in the total amount of;

2. On 24 July 2018, a writ of execution was issued by the Hon. Labor Arbiter and pursuant thereto,
an order of execution was issued, on 2 August 2018, by the NLRC, and the bank accounts of
respondent with Metrobank, Banco de Oro and Bank of the Philippine Islands were under a
Notice of Garnishment Order;

3. On 8 August 2018, there was payment of the execution and deposit fee and cash bonds in
satisfaction of the judgment award by herein respondent. Under such premise, respondent filed
on 9 August 2018 a Manifestation and Very Urgent Motion to Lift Garnishment on the bank
accounts of respondent.

4. On 28 September 2018, the Honorable Labor Arbiter, granted the respondent’s Motion and
ordered that the Garnishment on the bank accounts with Metrobank, Banco de Oro and Bank of
the Philippine Islands.

5. The Order lifting the Notice of Garnishment was received by Metrobank and Banco de Oro on 25
November 2019 while the Bank of the Philippine Islands received the said order on 26
November 2019.
6. The Bank of the Philippine Islands however manifested that they cannot honor the order lifting
the garnishment on the BPI accounts of owing to the fact that there was a discrepancy in the
case number.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Commission that:

1. The records of the case be pulled out from the archives so that we may be able to ascertain the
case number
2. A new order lifting the garnishment be sent to the Bank of the Philippine Islands be issued;
3. Other reliefs that are just and equitable are likewise prayed for under the circumstances

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