Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION
National Capital Region
Quezon City

FOURTH DIVISION

ARVIN A. PASCUAL,
Complainant-Appellant,
NLRC LAC No. 10-002757-15
- VERSUS - NLRC NCR Case No. NCR-05-05071-15
HON. L.A. MARCIAL GALAHAD T. MAKASIAR
SITEL PHILIPPINES and/or
MICHAEL LEE,
ASWIN SUKUMAR,
PHOEBE MONICA ARGANA
REMIL CANDA, and
AMOR REYES,
Respondents-Appellees.
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MOTION FOR
ENTRY OF JUDGMENT

COMES NOW Complainant-Appellant, through the undersigned counsel and to

the Honorable Commission, most respectfully states that:

1. The Fourth Division of the Honorable Commission promulgated a Decision on 4

March 2016, the decretal portion of which reads as follows:

WHEREFORE, premises considered, the Decision dated 8th

September 2015 is hereby AMENDED. Respondents Sitel Philippines,
Aswin Sukumar and Amor Reyes are hereby declared liable for illegal
dismissal and are consequently ordered to pay complainant jointly and
severally the back wages due to him computed from 8 th December 2014
based on his latest salary as of that date up to the time of the finality of
this judgment. As reinstatement is no longer feasible due to strained
relations, respondents are hereby also ordered to pay complainant
separation pay equivalent to one (1) month’s salary for every year of

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 service as prayed for by complainant in his complaint.

Further, respondents are hereby ordered to pay petitioner the sums

of Php100,000.00 and Php50,000.00 as moral and exemplary damages,
respectively, as well as attorney’s fees in the amount equivalent to 10%
of the total monetary award.

We affirm the order below that Sitel Philippines is ordered to

release complainant’s salary in the amount of Php14,738.69, and the
ruling that complainant’s suspension is declared legal.

All other claims are denied for lack of merit.

2. Respondents filed their Motion for Reconsideration of the foregoing Decision. In a

Resolution promulgated on 27 April 2016, the Honorable Commission reconsidered
its ruling on the issue of liability of individual respondents Aswin Sukumar and Amor
Reyes and thus exonerate them for failure of Complainant to present substantial
evidence that they acted in bad faith or assented to illegal acts of Sitel.

The Honorable Commission, though, DID NOT RECONSIDER its 4 March 2016
ruling that Complainant was in fact constructively dismissed.

3. Complainant filed his Partial Motion for

Reconsideration (Re-computation of Monetary Award) of the foregoing Decision. In
a Resolution promulgated on 27 April 2016, the Honorable Commission –

3.1] GRANTED Complainant’s motion for inclusion in the computation of his

backwages his transportation allowance aside from basic monthly salary and 13 th
month pay.

3.2] DENIED, upon the other hand, Complainant’s motion for inclusion in the
computation of his monetary award the following:

3.2.1] Allowances (dental, optical, medicine reimbursement); and

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 3.2.2] Monetary equivalent of hospitalization benefit, vacation leave, sick
leave, and emergency leave.

4. On 23 May 2016 Complainant went at the

NLRC. He requested for copies of proofs of service to Respondents and their legal
counsel of the 27 April 2016 Resolution of the Honorable Commission.
Unfortunately, only the proofs of service to Complainant and his counsel (Atty.
Amado Sandel, Jr.) are available. Inasmuch as proof of service to Respondents and
their counsel cannot be ascertained at the time of inquiry by Complainant; he was
provided, instead, by this Honorable Office with the respective Air21 shipment
tracking numbers in order that Complainant himself could verify the delivery status,
as follows:

4.1 300024591683 - Arvin Pascual (Complainant)

4.2 300024591684 - Atty. Amado Sandel, Jr. (Counsel for Complainant)

4.3 300024591685 - Sitel (Respondent)

4.4 300024591686 - Atty. Jose Gerardo Villacarlos (Counsel for Respondents)

Tracking numbers are numbers automatically assigned by Air21 (courier

authorized by the Honorable Commission) to each and every mail matter/document
that the Honorable Commission shipped via said authorized courier. The tracking
numbers, which are unique for each and every shipped mail matter/document,
provide the capability to identify and trace shipments on Air21’s website as it travels
through the Air21 system to their destination.

5. On 24 May 2016, Complainant tracked on

Air21’s website the shipment of the Honorable Commission’s Resolution
promulgated 27 April 2016. Complainant’s tracking revealed that all the parties
received their respective copies of the 27 April 2016 Resolution on 16 May 2016
(Monday) with the exception of Complainant himself who received his copy of the
27 April 2016 Resolution on 14 May 2016 (Saturday). Simply put, ten (10)
calendar days have already lapsed since all the parties and their counsels received

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 their respective copies of the Honorable Commission’s Resolution promulgated on
27 April 2016.

Summary of tracking conducted by Complainant on Air21’s website, as follows:

5.1] Tracking number 300024591683 (Complainant Arvin Pascual)

Shipment delivered to Julieta Aquino/neighbor on 14 May 2016 12:56 p.m.)

Screenshot attached herewith as Annex “A”

5.2] Tracking number 300024591684 (Atty. Amado Sandel, Jr.

Shipment delivered to Marife Cacilo on 16 May 2016 11:20 a.m.)

Screenshot attached herewith as Annex”B”

5.3] Tracking number 300024591685 (Sitel, Respondent)

Shipment delivered to James Agelon on 16 May 2016 10:38 a.m.)

Screenshot attached herewith as Annex “C”

5.4] Tracking number 300024591686 (Atty. Jose Gerardo F.C. Villacarlos)

Shipment delivered to Cathy delos Trinus on 16 May 2016 9:43 a.m.)

Screenshot attached herewith as Annex “D”

6. Rule VII, Section 14 of the 2011 NLRC Rules of Procedure, as amended (En Banc

Resolution 11-12 and En Banc Resolution 05-14), provides as follows:

a) Except as provided in Section 9 of Rule X, the decisions, resolutions

or orders of the Commission shall become final and executory after ten
(10) calendar days from receipt thereof by the counsel or authorized
representative of the parties if not assisted by counsel or
representative.

b) Upon the expiration of the ten (10) calendar day period provided in
paragraph (a) of this Section, the decision, resolution, or order shall be
entered in a book of entries of judgment.

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 PRAYER

WHEREFORE, premises considered, it is hereby respectfully prayed that the

Resolution promulgated by the Honorable Commission on 27 April 2016 be considered
final and executory. Thereafter, entered in the book of entries of judgment.

Complainant-Appellant respectfully prays for such and other reliefs as may be

deemed just and equitable under the premises.

Bocaue, Bulacan for Quezon City, Metro Manila, May 28, 2016.

Respectfully submitted by counsel for

Complainant-Appellant Arvin A. Pascual:

AMADO S. SANDEL, JR.

Crossing Mart, McArthur Highway,
Biñan 2nd, Bocaue, Bulacan
IBP Lifetime Member No. 02437
Roll of Attorneys No. 27207
PTR No. 1055954, Bocaue, Bulacan
January 4, 2016
MCLE Compliance No. V-0000446
August 29, 2013
Telephone Nos. (044) 278-6706 and
(0917)587-5397

Copy furnished:

ATTY. JOSE GERARDO F.C. VILLACARLOS

INES & VILLACARLOS LAW OFFICES
Unit 707 7th Floor South Center Tower
2206 Market Street, Madrigal Business Park
Alabang, Muntinlupa City

WRITTEN EXPLANATION
Service of this MOTION FOR ENTRY OF JUDGMENT to the counsel for the
respondents-appellees, Atty. Jose Gerardo F.C. Villacarlos, was not done personally but
through registered mail due to lack of manpower to effect personal service.

AMADO S. SANDEL, JR.

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