Sample Motion For Issuance of Certificate of Finality
Uploaded by
Angel MarieSample Motion For Issuance of Certificate of Finality
Uploaded by
Angel MarieRepublic of the Philippines
NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch No. ___
__________________ Building
Osmeña Boulevard, Capitol Site
Cebu City
ABCD,
Complainant. RAB VII CASE NO:
____________
-versus-
EFGH INC.,
Respondent.
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MOTION FOR THE ISSUANCE OF CERTIFICATE OF
FINALITY
Complainant, through the undersigned counsel, unto This Honorable
Court, most respectfully states, THAT:
1. On June 5, 2024, the Honorable Labor Arbiter rendered a Decision
after the ORDER dated May 23, 2024, the dispositive portion of
which reads as follows:
“WHEREFORE, premises considered, finding
complainant ABCD entitled of his retirement pay,
respondent EFGH INC. is ORDERED to pay the
said complainant his retirement pay under the law
with a total amount of ____________ PESOS (PHP
*****).
Finding complainant ABCD entitled to his
money claims for 13th Month Pay, Service Incentive
Leave Pay and Attorney’s Fees, respondent EFGH
INC. is likewise ORDERED to pay the said
complainant the total amount of
_________________ PESOS (PHP *****).
The total judgment award of _____________
PESOS (PHP ****) is reflected in the detailed
1
computation attached as integral part of this
Decision.
All other claims are dismissed for lack of
merit.
SO ORDERED. “
Copy of the Decision dated May 23, 2024, is
attached herein and marked as Annex “A”.
2. The Honorable Office of the Labor Arbiter also attached the
corresponding computation of the benefits of the Complainant as
summarized below:
1.Retirement Pay Php
4.13th Month Pay Php
5.Service Incentive Leave Php
6. Attorney’s Fees Php
TOTAL PHP
Copy of the Computation appended in the
Decision is attached herein and marked as Annex
“B”.
3. Pursuant to Article 223 of the Labor Code as amended “Decisions,
awards, or orders of the Labor Arbiter are final and executory
unless appealed to the Commission by any or both parties within
ten (10) calendar days from receipt of such decisions, awards,
or orders, xxx.”
4. Notably up to date, the Respondent did not file an appeal, thus,
making the decision becomes final and executory.
5. Hence, this Motion for Issuance of the Certificate of Finality of
Judgment is proper and in order.
PRAYER
2
WHEREFORE, premises considered, it is most respectfully prayed of
this motion be granted and the corresponding certificate be issued.
Respectfully submitted this ____________, Cebu City, Philippines.
ZXY LAW OFFICE
Capitol Site, Cebu City, Cebu, Philippines
Tel. (032) ****
Email: ZXY@gmail.com
By:
ATTY. ______________
PTR NO. ___________, Cebu City, _______
IBP Membership No. __________, Cebu Chapter, _____
MCLE Compliance No. __________
ROLL No. ______________
Copy furnished to:
EFGH INC.
________________
_________,
Mandaue City, Cebu
EXPLANATION
Due to distance and lack of office personnel to effect personal service, this
foregoing Motion is submitted Office of the Labor Arbiter and was furnished to the
Respondent through registered mail.
ATTY. ___________