Labor Cases

Republic of the Philippines
Supreme Court Manila

SECOND DIVISION

3RD ALERT SECURITY AND G.R. No. 200653
DETECTIVE SERVICES, INC.,

Petitioner, Present:

CARPIO, J., Chairperson,
BRION,
PEREZ,
- versus - SERENO, and
REYES, JJ.

Promulgated:

ROMUALDO NAVIA, June 13, 2012 Respondent. x------------------------------------------------------------------------------------x * * R E S O L U T I O N

BRION, J.:

This is a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the decision dated September 30, 2011 and the resolution dated February 15, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 117361, which dismissed the petition filed by 3rd Alert Security and Detective Services, Inc. (3rd Alert).

The Antecedent Facts

This case started from an illegal dismissal complaint filed by Romualdo Navia against 3rd Alert.
On November 30, 2005, the labor arbiter issued a decision that Navia’s dismissal was illegal. 3rd Alert appealed to the National Labor Relations Commission (NLRC) which affirmed the ruling of the labor arbiter. 3rd Alert’s motion for reconsideration of the NLRC decision was denied in a resolution dated October 19, 2008.
From this ruling, 3rd Alert filed an appeal with the CA (docketed as CA-G.R. SP No. 106963) with a prayer for the issuance of a temporary restraining order. The CA denied the appeal; 3rd Alert moved for a motion for reconsideration but the motion was also denied.

The writ of execution (CA-G.R. SP No. 117361)

In the meantime, on January 29, 2009, the NLRC issued an Entry of Judgment certifying that the NLRC resolution dated October 19, 2008 has become final and executory. Thus, Navia filed with the labor arbiter an ex-parte motion for recomputation of back wages and an ex-parte motion for execution based on the recomputed back wages.
On November 10, 2009, the labor arbiter issued a writ of execution to enforce the recomputed monetary awards.
3rd Alert appealed