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Ex-Parte Motion To Order Release - NLRC Cashier Full

The heirs of Eduardo V. Balcita Jr. filed an ex-parte motion requesting the release of PHP327,866.40 from funds garnished and deposited at the NLRC cashier's office. The funds were collected from the Philippine National Bank and represent attorney's fees, the remaining balance of a judgment award, execution fees, and deposit fees. The motion requests that the amount be released to the complainant to fully satisfy the judgment award in her favor.

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0% found this document useful (0 votes)
1K views5 pages

Ex-Parte Motion To Order Release - NLRC Cashier Full

The heirs of Eduardo V. Balcita Jr. filed an ex-parte motion requesting the release of PHP327,866.40 from funds garnished and deposited at the NLRC cashier's office. The funds were collected from the Philippine National Bank and represent attorney's fees, the remaining balance of a judgment award, execution fees, and deposit fees. The motion requests that the amount be released to the complainant to fully satisfy the judgment award in her favor.

Uploaded by

Manny Sandicho
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
NCR Regional Arbitration Branch - Quezon City

OFW-SEA BASED
HEIRS OF THE DECEASED NLRC OFW CASE No. NCR-03-03002-14
EDUARDO V. BALCITA, JR., Hon. Labor Arb. EDUARDO J. CARPIO
(Represented by his wife
AILEEN V. BALCITA),
Complainants,

-versus-
TRI-OCEANIC MANNING &
SHIPPING, INC., ET. AL.,
Respondents,
x--------------------------------------x
(FOR FULLL SATISFACTION OF JUDGMENT AWARD) PAGE 1 OF 5 - EX-PARTE MOTION TO ORDER RELEASE FUNDS AT THE NLRC CASHIER

EX-PARTE MOTION TO ORDER


RELEASE OF GARNISHED FUNDS
DEPOSITED AT THE NLRC CASHIER
(FOR COMPLETION AND FULL SATISFACTION
OF THE JUDGMENT AWARD)

COMPLAINANTS by counsel, respectfully state, that –

The Honorable Sheriff Russel S. Perez garnished and


collected the funds of respondents coming from, inter alia,
the Philippine National Bank (PNB) which delivered a Check
in the amount of PHP380,324.94 constituting the completion
of satisfaction of the judgment award.

The said funds remitted by PNB and now deposited at


the NLRC-Cashier’s Office for appropriate disposal. Said
funds represent the following: Attorney’s Fees
(PHP320,882.40); Balance from judgment award
(PHP6,984.00); Execution Fee (PHP34,790.00); and Deposit
Fee (PHP17,668.53). Copy of the pertinent Sheriff’s Report
dated 25 August 2015 and the Order of this Honorable
Office dated 27 July 2015, are hereto attached for
immediate reference.
RELIEF
WHEREFORE, it is respectfully asked of this Honorable
Office that an ORDER TO RELEASE be issued to the NLRC
CASHIER to RELEASE the amount of PHP327,866.40
representing attorney’s fees and remainder of judgment
award in favor of complainant through her designated
representative in final/full satisfaction of the judgment
award.

Other reliefs just and equitable are likewise


respectfully sought.

Santa Cruz, Laguna and Quezon City, 26 August 2015.

Atty. EMMANUEL E. SANDICHO


Legal Counsel for Complainants
CSWAP, Room 402-B Web-Jet Building
(FOR FULLL SATISFACTION OF JUDGMENT AWARD) PAGE 2 OF 5 - EX-PARTE MOTION TO ORDER RELEASE FUNDS AT THE NLRC CASHIER

64 Quezon Ave. cor. BMA Ave., Quezon City


E-mail address: attysandicho@gmail.com
IBP O.R. No. 971375, 05 January 2015, Laguna
PTR O.R. No. 2545478, 05 January 2015, Laguna
Roll No. 42246 admitted to practice, 09.05.1997
MCLE Compliance No. IV-0021894 / 04.09.2013

NOTICE OF SUBMISSION

THE LABOR ARBITRATION ASSOCIATE


OFFICE OF HON. L.A. EDUARDO J. CARPIO
3/F Bookman Bldg., Quezon Ave.,
Quezon City

Please take notice that undersigned will submit the


foregoing motion for the consideration and approval by the
Hon. Labor Arbiter Eduardo J. Carpio upon receipt hereof.

Atty. EMMANUEL E. SANDICHO


Legal Counsel for Complainants
(FOR FULLL SATISFACTION OF JUDGMENT AWARD) PAGE 3 OF 5 - EX-PARTE MOTION TO ORDER RELEASE FUNDS AT THE NLRC CASHIER
ANNEX “A”
(FOR FULLL SATISFACTION OF JUDGMENT AWARD) PAGE 4 OF 5 - EX-PARTE MOTION TO ORDER RELEASE FUNDS AT THE NLRC CASHIER
ANNEX “B”
(FOR FULLL SATISFACTION OF JUDGMENT AWARD) PAGE 5 OF 5 - EX-PARTE MOTION TO ORDER RELEASE FUNDS AT THE NLRC CASHIER
ANNEX “B-1”

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