REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMISSION
NATIONAL CAPITAL REGION
ARBITRATION BRANCH
Quezon City

JOSE,
Complainant, NLRC NCR Case No: 00-
0000-01

-versus-

MAKUNAT CORPORATION,
Respondent.
X-------------------------------------------X

PETITION

Respondent, through counsel, and unto this

Honorable Office, respectfully avers that:

1. Complainant Jose and Respondent Macunat

Corporation are originally a party to an illegal
dismissal case filed by Complainant;

2. A resolution or decision by Labor Arbiter Carpio was

issued in aforestated case rendering in favor of
Complainant;

3. As such, a memorandum of appeal was filed by

herein Respondent and is currently pending for
decision;

4. That while pending, complainant filed a writ of

execution to collect the reinstatement backwages;

5. As a consequence thereof, respondent now,

respectfully asked this Honorable Commission to issue
a Temporary Restraining Order and/or Preliminary
Injunction with respect to the writ of execution filed by
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 Complainant to preserve the status quo of the case
since there is still a pending appeal;

A preliminary injunction is a provisional

remedy that a party may resort to in order to
preserve and protect certain rights and interests
during the pendency of an action.[29] The
objective of a writ of preliminary injunction is to
preserve the status quo until the merits of the
case can be fully heard. Status quo is the last
actual, peaceable and uncontested situation
which precedes a controversy. (THE
INCORPORATORS OF MINDANAO INSTITUTE INC.
and THE BOARD OF TRUSTEES OF MINDANAO
INSTITUTE INC., vs THE UNITED CHURCH OF
CHRIST IN THE PHILIPPINES, G.R. No. 171765,
March 12, 2012)

a. That the resolution of the appeal would

determine if there is an illegal dismissal made
by respondent;

b. That Complainant was already admitted

back to his work to a substantially same
position which respondent opted as complying
with the Labor Code.

6. Respondent has no adequate remedy at law but to

seek this petition, and for this purpose hereby offers a
bond in such sum as this Honorable Commission may
fix.

WHEREFORE, it is respectfully prayed that, after due

notice and hearing, a temporary restraining order and/or
preliminary injunction be issued forthwith to restrain the
sheriff with regard to the writ of execution filed by
complainant, with costs and with such further orders that are
just and equitable in the premises.

Quezon City, November 20, 2016

Atty. Cayen Cervancia Cabiguen

Counsel For Respondent

VERIFICATION/ CERTIFICATION

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 I, RESHYL A. BADAJOS, Filipino, of legal age,
and with office address at Makunat Corporation, 333 Pugad
Lawin Drive, Quezon City, after having been duly sworn to in
accordance with law, depose and state:

That I am duly authorized representative of the

respondent corporation in the instant case by virtue of
the Board Resolution Order No. C11-20-83;

That I have caused the preparation of the foregoing

Position Paper, have read the same and the contents
thereof are true and correct to the best of my personal
knowledge and based on authentic records.

I have not filed any other cause of action involving

the same set of facts, parties or the sane relief as the
foregoing in any court, tribunal and/or before any quasi-
judicial bodies or administrative agencies and in the
event I should learn that a similar action or proceeding
has been filed or is pending before the Supreme Court,
Court of Appeals, or the different Divisions thereof, the
Regional Trial Court, or any other judicial tribunal or
agency in the Philippines, I undertake to inform this
Honorable Arbiter and such other tribunal or agency of
that fact five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed

my signature this 10th day of December 2016, in the City of
Quezon, Philippines.

RESHYL A. BADAJOS
Affiant
CTC No. 1434452
Quezon City/07-13-2016

SUBSCRIBED AND SWORN to before me

this10 day of December 2016 in the City of Quezon,
th

Philippines. Affiant exhibited to me her Community Tax

Certificate above-written.

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 Atty. Cara Delevingne
Counsel For Respondent
Attorneys Roll No. 98765
IBP No. 36475/3-13-12/Quezon City
PTR No. 7661437/3-12-16/Quezon City
MCLE Comp. Cert. No. III-0004321
555 Visayas Avenue, Quezon City

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2012.

Copy furnished:
Jose
Quezon City
Complainant