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REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment


NATIONAL LABOR RELATIONS COMMISSION
REGIONAL ARBITRATION BRANCH NO. IV
Calamba City
CARLITO OLANO,
Complainants,
-versus-

NLRC CASE NO. RAV-IV-09-08090-13-P

J.P. CASTRO HAULING SERVICES,


AND/OR JOSE P. CASTRO AND
JEFFREY P. CASTRO,
Respondents.
x-----------------------------------------------------------x
MOTION FOR REDUCTION OF BOND
THE RESPONDENT, by counsel and to this Honorable Office, respectfully states that:
1. Herein complainant filed an action for illegal dismissal with money claims against the
respondent with the Regional Office IV-B of the Department of Labor and Employment
on June 29, 2012 through the Single-Entry Approach. Due to the failure of the parties to
arrive at a compromise during the conciliation conference, the case was forwarded to the
Labor Arbiter for mandatory conference;
2. Another mandatory conference was held in accordance with the Revised Rules of
Procedure of the NLRC on November 26, 2013. Again the parties failed to resolve their
conflicts, and the issue was set for hearing. The hearing on the merits was conducted on
March 26, 2014;
3. On May 30, 2014, the Labor Arbiter rendered a decision adverse to the position of the
respondent, declaring that there was an illegal dismissal, and ordering the respondent to
pay the complainant a total monetary award of more than three hundred and fifty
thousand pesos, inclusive of back wages, separation pay and unpaid 13 th month pay, and
exclusive of any damages and attorneys fees. A copy of the decision was received by the
respondents counsel on August 1, 2014;
4. The respondent, together with this motion, has filed a memorandum of appeal with the
NLRC for the reversal of the decision of the Honorable Labor Arbiter. As provided in
Section 6 of the 2011 NLRC Rules of Procedure, the appeal shall be perfected, aside from
the filing of the memorandum of appeal, upon the filing of a bond equivalent to the
monetary award adjudicated by the Labor Arbiter exclusive of damages and attorneys
fees;

5. Likewise, according to Section 6 of the 2011 NLRC Rules of Procedure and as illustrated
in the case of University Plans Incorporated vs. Belinda P. Solano, G. R. No 170416,
June 22, 2011, this Honorable Office has the discretion to reduce bond based only on
meritorious grounds;
6. As of this time, the respondent and his business are going through great financial
difficulties, and most of his personal money had already been used as additional capital
for his business. Also, his business gross income is only sufficient to cover the expenses
of operations, and nothing left to be considered as profit. Due to these circumstances, the
respondent will not be able to comply with the full amount equivalent to the total
monetary award issued by the Labor Arbiter.
7. However, the respondent has attached a deposit/surety bond amounting to thirty five
thousand pesos (P35,000), which is more or less 10% of the total amount of the bond, to
show the respondents willingness to comply with the legal requirement and good faith
on his part.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed for this Honorable Office
to allow the reduction of the bond to (P35,000) and accept the deposit/surety bond of such an
amount attached to this motion, and to consider the appeal perfected in view of the partial
compliance with the legal requirements. It is further prayed that the appeal be adjudicated by this
Honorable Office based on its merits.
Other reliefs that are just and equitable under the circumstances are likewise prayed for.
Puerto Princesa City, for Calamba City, Laguna, August 11, 2014.