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Opposition To Urgent Motion For The Issuance of TRO

1) The document is an opposition filed by Respondent Benjamin Padilla to the Petitioners' Urgent Motion for Resolution of their prayer for a Temporary Restraining Order and/or Writ of Preliminary Injunction. 2) The Respondent argues that there is no urgency since the Petition was filed months ago. Execution has also already been issued by the NLRC, so the status quo needs protection for the Respondent. 3) The Respondent requests that the Court deny the Petitioners' urgent motion, as the facts show the Respondent is the one in need of protection after being deprived of livelihood for over a year.

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Darwin Viadumang
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3K views5 pages

Opposition To Urgent Motion For The Issuance of TRO

1) The document is an opposition filed by Respondent Benjamin Padilla to the Petitioners' Urgent Motion for Resolution of their prayer for a Temporary Restraining Order and/or Writ of Preliminary Injunction. 2) The Respondent argues that there is no urgency since the Petition was filed months ago. Execution has also already been issued by the NLRC, so the status quo needs protection for the Respondent. 3) The Respondent requests that the Court deny the Petitioners' urgent motion, as the facts show the Respondent is the one in need of protection after being deprived of livelihood for over a year.

Uploaded by

Darwin Viadumang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA
SEVENTEENTH DIVISION

24/7 CUSTOMER
PHILIPPINES, INC., and/ or
LIEZLE P. LONGALONG,
HAROLD JAY R.
GUTIERREZ, LARIZZA
YRISH V. RAMOS, CHERYL M. CORONEL,
Petitioners,

-versus- CA G.R. SP no. 130360


NLRC CA case no. 09-002736-12
NLRC NCR Case no. 09-13688-11

NATIONAL LABOR
RELATIONS COMMMISSION
(SIXTH DIVISION) and
BENJAMIN B. PADILLA
Respondents.
X-------------------------------------------------x

OPPOSITION TO THE URGENT MOTION FOR RESOLUTION


(Of Prayer for Issuance of Temporary Restraining Order And/ Or
Writ of Preliminary Injunction)

Respondent BENJAMIN B. PADILLA (“Respondent”), by


counsel most respectfully states:

1. On January 16, 2014, petitioners filed an Urgent Motion


for Resolution (of Prayer for Issuance of Temporary Restraining
Order and/ or Writ Of Preliminary Injunction) seeking from the
Honorable Court the immediate resolution of its application for
temporary restraining order and/ or writ of preliminary injunction
(incorporated in their Petition) which would enjoin Public
respondent, Private respondent, their successors, assigns, agents or
any and all persons acting for and on their behalf, from
implementing, enforcing and executing the January 22, 2013 Decision
and the Resolution dated March 27, 2013 denying their Motion for
Reconsideration.
2. The lapse of time from the filing of the Petition until this
Urgent Motion was filed will negate the urgency of this new request.
There is no more sense of urgency for this new request of the
petitioners.

3. Parenthetically, Entry of Judgement had already been


issued by the National Labor Relations Commission. After which
respondent filed a Motion for Execution dated June 28, 2013.
Surprisingly, the said Motion was not even opposed by the
petitioners before the labor Arbiter. This was the proper thing that
the Petitioners should have done instead of requesting for a
Temporary Restraining Order and/ or a Writ of Preliminary
Injunction.

4. The very purpose of a Temporary Restraining Order


and/ or a Writ of Preliminary Injunction is to maintain the status quo
and prevent any undue harm upon the party seeking its protection.
However, it is clear from the facts of this case that the one who needs
protection are not the Petitioners herein but the Respondent who was
unjustly deprived of his livelihood and is now being delayed from
receiving what he painstakingly sought for since January 22, 2013.

5. Respondent had already clearly established in his


Comment to the Petition why there was no grave abuse of discretion
committed by the NLRC and why the petitioner is not entitled to the
issuance of a Temporary Restraining Order and/ or a Writ of
Preliminary Injunction. Respondent adopts the arguments in his
Comment to the Petition and thereby incorporate the same to this
Opposition.

PRAYER

WHEREFORE, premises considered, Respondent respectfully


prays that the Honorable Court deny the Petitioners’ Urgent Motion
for Resolution of Prayer for Issuance of Temporary Restraining Order
and/ or Writ of Preliminary Injunction dated January 16, 2014.

Other just and equitable reliefs are likewise prayed for.

Makati City, for Quezon City February 2, 2014

ARANAS LAW OFFICE


Counsel for Respondent Benjamin Padilla
Unit 106 G/F le Metropole Building
326 Tordesillas cor. Dela Costa Streets
Salcedo Village, Makati City
By:

TOMAS CARMELO T. ARANETA


IBP NO. 925756 ---- 01/07/14 ---- Q.C.
PTR NO. 9080701 ---- 01/07/14 ---- Q.C.
MCLE COMPLIANCE NO. IV-0018109 ---- 04/22/13
ROLL NO. 39336

Copy furnished:

NATIONAL LABOR RELATIONS COMMISSION


(SIXTH DIVISION)
PPSTA Building, Quezon City

ATTY. CHRISTOPHER CAPUL


SIGUION REYNA MONTECILLO
AND ONGSIANGKO LAW OFFICE
Counsel for the Respondent
4th and 6th Floors, Citibank Center
8741 Paseo de Roxas, Makati City

EXPLANATION

Pursuant to Section 11, Rule 13 of the Rules of Court,


Respondent respectfully Manifests that copies of the Opposition to
the Urgent Motion for Resolution (of the Prayer for Issuance of
Temporary Restraining Order and/ or Writ of Preliminary
Injunction) was filed and served to the other parties through
registered mail due to the distance involved and lack of messengerial
service.

ATTY. TOMAS CARMELO T. ARANETA


AFFIDAVIT OF SERVICE

REPUBLIC OF THE PHILIPPINES}


CITY OF MAKATI } SS

I, PEDRITO ISORENA, Filipino, of legal age, with the office


address at G/F le Metrople Building, 326 Tordesillas cor. Dela Costa
Streets, Salcedo Village, Makati City, Philippines, after being sworn
in accordance with law, depose and say that:

1. I am a member of the administrative staff of ARANAS


LAW OFFICE, counsel for the Complainant Benjamin B. Padilla in
Benjamin B. Padilla vs. 24/7 Customer Philippines Inc. et al., docketed as
RAB Case No. 09-13688-11 (NLRC LAC no. 09-002736-12) before the
National Labor Relations Commission.

2. On February 3, 2014, I filed the Respondent’s Opposition


to the Urgent Motion for Resolution of Prayer for Issuance of
Temporary Restraining Order And/ Or Writ Of Preliminary
Injunction and furnished a copy thereof to the other parties through
registered mail in accordance with section 5, 7, and 11, in relation to
Section 13 all Rule 13 of the Rules of Court.

3. The addresses to which a copy of the above Opposition to


the Urgent Motion for Resolution of Prayer for Issuance of
Temporary Restraining Order And/ Or Writ of Preliminary
Injunction were sent as follows:

ATTY. CHRISTOPHER CAPUL


SIGUION REYNA MOTECILLO
And ONGSIAKO LAW OFFICES
Counsel for Petitioners
4th and 6th Floors Citibank Centre
8741 Paseo de Roxas
Makati City

NATIONAL LABOR
RELATIONS COMMISSION
(SIXTH DIVISION)

4. This Affidavit is being executed to attest to the truth of


the foregoing claims.
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd
day of February, 2014 at Makati, Philippines.

PEDRITO ISORENA
Affiant

SUBSCRIBED and sworn to before me in the City of Makati,


this 3rd day of February 2014, affiant exhibiting to me his TIN with
number 179-548-807.

Doc. No. ________


Page No. _______
Book No. _______
Series of 2014.

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