G.R. NO. 152336 -

Ruling

WHEREFORE , judgment is hereby made, finding respondents to have illegally dismissed complainants from employment on December 23, 1997 and, concomitantly, respondents are hereby ordered to pay complainant BACKWAGES from said date of dismissal up to the writing of this Decision, plus separation pay, computed at thirty (30) days pay for every [year] of service. Other claims for lack of merit and for the above-reasons are hereby DENIED . SO ORDERED . [3] Counsel for herein petitioners, through one Fely Velasco, received a copy of the Decision on February 10, 1999, [4] but failed to appeal the Labor Arbiters decision on time. Thus, said decision became final and executory on February 20, 1999. On May 12, 1999, herein private respondents, by counsel, filed their Motion for Issuance of Writ of Execution. On July 2, 1999, the Computation & Examination Unit of the NLRC submitted a report pegging the total monetary entitlement of private respondents at P5,876,120. On July 9, 1999, Labor Arbiter Arthur L. Amansec issued an Order directing both parties to submit their comments on the computation within ten (10) days from receipt of the Order, which was received by petitioners counsel on August 4, 1999. [5] Despite this receipt, herein petitioners failed to comply with the Order of the Labor Arbiter. Thus, on August 24, 1999, Labor Arbiter Amansec issued another Order approving the Computation Report. Forthwith, on October 28, 1999, private respondents filed another Motion for Execution praying that a writ of execution be issued for the enforcement of the Decision dated December 18, 1998, and Order dated August 24, 1999. On November 9, 1999, the instant case was re-raffled to Labor Arbiter Godofredo V. Señires, Jr. On November 24, 1999, a Writ of Execution was issued, but remained unserved and unsatisfied. Acting upon the private respondents Manifestation and Motion for Issuance of Alias Writ of Execution, the Labor Arbiter issued an Alias Writ of Execution on May 2, 2000. Petitioner Roberto Flores, at this juncture, interposed a Motion to Quash Alias Writ on June 21, 2000, arguing that he never received the copy of the Decision dated December 18, 1998, which was sent to him at his former address, 1002 C.M. Recto Avenue, Manila. He claimed that due to improper service of the decision, he was deprived of his right to appeal. Petitioner Flores additionally argued that the Alias Writ of Execution did not contain the computation of the amount being levied thus depriving him of the opportunity to view, evaluate or object to the amounts being claimed by herein complainants, again, due to lack of proper notice and service. On June 28, 2000, Labor Arbiter Godofredo V. Señires, Jr., of the NLRC National Capital Regional Arbitration Branch, denied petitioner Flores Motion to Quash, ratiocinating thus: . . . The record of this case revealed that a copy of the decision rendered by Labor Arbiter Arthur L. Amansec was received by Atty. Julio F. Andres, counsel for res