G.R. NO. 167512 - V.L. ENTERPRISES AND/OR FAUSTINO J. VISITACION, VS. HON. COURT OF APPEALS, SHERIFF WILLY GABITO, REGIONAL DIRECTOR OF THE NATIONAL CAPITAL REGION, DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) AND CAMILO FRANCISCO. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, [herein petitioners] V.L. ENTERPRISES AND/OR MR. FAUSTINO VISITACION is hereby ordered to pay CAMILO FRANCISCO and TWENTY TWO WORKERS SIMILARLY SITUATED the total amount of EIGHT HUNDRED AND TWENTY TWO THOUSAND NINE HUNDRED SEVENTY EIGHT PESOS (P822,978.00) corresponding to their claims within ten (10) days upon receipt of this order, otherwise, a Writ of Execution shall be issued. [6] Petitioners appealed the aforequoted Order of the Regional Director. On 23 June 1999, DOLE Undersecretary Jose M. Español, Jr. rendered an Order directing petitioners V.L. Enterprises and/or Faustino J. Visitacion, to post cash or surety bond in the amount equivalent to the monetary award; otherwise, the appeal will be dismissed for not having been perfected. On 29 July 1999, petitioners filed an Urgent Motion for Reconsideration, invoking therein that in a similar case pending with the National Labor Relations Commission (NLRC NCR Case No. 00-10-0762-27) involving the same parties and issues, petitioners had already posted a supersedeas bond. On 14 February 2000, Undersecretary Jose M. Español, Jr. rendered a Resolution, the decretal portion of which reads: WHEREFORE, premises considered, the Urgent Motion for Reconsideration filed by respondent is DENIED. Respondents are hereby given ten (10) days from the receipt of this Order to post the requisite bond. Otherwise its appeal shall be dismissed. [7] On 31 July 2002, DOLE Secretary Patricia A. Sto. Tomas affirmed the 14 February 2000 Order and deemed the appealed order to have become final and executory. On 11 August 2004, Acting NCR Regional Director Ciriaco A. Lagunzad issued an Alias Writ of Execution, directing petitioners to pay respondent Camilo Francisco and several similarly situated employees the sum of P422,978.00. On the basis of said Alias Writ of Execution, Sheriff Wilfredo A. Gabito issued a Notice of Sale on Execution of Real Properties on 11 October 2004. Petitioners filed a Petition for Certiorari with the Court of Appeals, docketed as CA-G.R. SP No. 87230, seeking the nullification of the following Issuances: Order dated 5 May 1999 of DOLE Regional Director Maximo Lim; Alias Writ of Execution dated 11 August 2004 issued by DOLE Acting NCR Regional Director Ciriaco A. Lagunzad III; and Notice of Sale on Execution of Real Properties dated 11 October 2004 issued by Sheriff Willy Gabito. On 9 November 2004, the Court of Appeals dismissed the Petition for lack of merit in the first assailed Resolution. Petitioners filed a Motion for Reconsideration, but the same was likewise denied by the Court of Appeals in the second assailed Resolution. Petitioners received a copy of the latter Resolution on 3 February 2005. [8] Instead of appealing said Court of Appeals Resolution via a Petition for Review on Certiorari, however, petitioner filed on 11 April 2005 the instant Petition for Annulment of Judgment, Writ of Execution and Notice of Sale on Execution with Prayer for Tempora