G.R. No. 148433 - ZAMBOANGA BARTER TRADERS KILUSANG BAYAN, INC. REPRESENTED BY ITS PRESIDENT, ATTY. HASAN G. ALAM, VS. HON. JULIUS RHETT J. PLAGATA, IN HIS CAPACITY AS EXECUTIVE LABOR ARBITER OF NLRC-RAB NO. IX, SHERIFF DANILO P. TEJADA OF NLRC-RAB NO. IX AND TEOPISTO MENDOZA. D E C I S I O N - Supr

Ruling

Wherefore, in view of the foregoing consideration, judgment is hereby rendered, ordering the respondent Zamboanga Barter Traders Kilusang Bayan, Inc. thru its president or authorized representative to reinstate complainant Teopisto Mendoza in his former position or any substantially equivalent position without loss of seniority rights and other privileges and with backwages to be computed at the rate of P866.00 a month from April 2, 1981 up to the time he is reinstated. On 17 June 1983, ZBTKBI filed a Notice of Appeal [13] with the National Labor Relations Commission (NLRC). On 13 July 1983, Mendoza filed with the NLRC a Manifestation with Motion for Execution praying that petitioner's appeal not be given due course, and that a writ of execution enforcing the decision of the Labor Arbiter be issued. [14] On 15 November 1983, the NLRC dismissed the appeal for lack of merit. [15] The decision, in part, reads: It appears on record that this case had been set for hearing several times but for many occasions, the same had been postponed upon the instance of the respondent. On May 2, 1983, the counsel for the respondent sent a note to the Executive Labor Arbiter requesting the cancellation of the May 2 hearing on the ground that he is no longer the legal counsel of the respondent and that all subsequent notices regarding the instant case should be addressed directly to the respondent. In compliance with the said request, the Executive Labor Arbiter sent a notice of hearing to the respondent advising the latter that the case is set for another hearing on May 30, 1983 at 9:00 a.m. with a warning that no postponement shall be allowed. But despite proper receipt of the notice, respondent deliberately failed to appear. Neither did it submit any position paper or documentary evidence to controvert the claim of the complainant. From the foregoing set of facts, it is clear that the respondent was given all the opportunity to be heard but deliberately chose to ignore the summons and warning of the Executive Labor Arbiter. Respondent is now deemed to have waived all its rights to present evidence and must now suffer the consequences of its own acts. Its claim of lack of due process certainly fails. [16] On 3 January 1984, counsel for petitioner received a copy of the NLRC decision. [17] There being no appeal therefrom, the decision became final and executory on 18 January 1984. [18] On 7 June 1984, the records of the case were returned to Executive Labor Arbiter Abdulwahid. [19] On 2 July 1984, a Writ of Execution [20] was issued by Executive Labor Arbiter Abdulwahid. [21] Per Sheriff's Return, [22] dated 15 October 1984, the writ of execution was returned unsatisfied. [23] The Sheriff's Return reads: On October 9, 1984 the undersigned sheriff went to the Office of Zamboanga Barter Traders, Kilusang Bayan, Incorporation at Pitit-Barack in this city to serve the Writ of Execution issued in NLRC Case No. RAB IX-0133-81; entitled Teopisto Mendoza versus Zamboanga B