Republic of the Philippines

COURT OF APPEALS
Cebu City

FORMER NINETEENTH (19TH) DIVISION

LEYTE LUMBER YARD and

HARDWARE, INC. and
RUBEN L. YU,
Petitioners,

-versus- CA-G.R. SP. No. 05182

NATIONAL LABOR RELATIONS
COMMISSION and REMEGIO
GO,
Respondents.
x----------------------------------------- x

MANIFESTATION & MOTION

PRIVATE RESPONDENT, by Counsel, to this Honorable Court,

respectfully states: THAT---

1. The Resolution of this Honorable Court promulgated on 23

April 2012 specifically states:

“Before acting on private respondent’s Motion for

Reconsideration of the Decision rendered by this Court on
January 17, 2011, petitioner is hereby required to file his
Comment thereon within ten (10) days from receipt
hereof. Upon receipt by this Court of such Comment, said
Motion shall be deemed submitted for resolution.”
(underscore supplied)

2. Petitioners’ counsel filed his Compliance, stating for the

record that he received a copy of the Resolution dated 23 April 2012
on 08 May 2012.

3. Until the present, the petitioners failed to file their Comment

to the private respondent’s Motion for Reconsideration.
 4. In view thereof, for failure of the petitioners to comply with
said Resolution of this Honorable Court, it is respectfully prayed that
the Motion for Reconsideration be deemed submitted for the
resolution of this Honorable Court sans petitioners’ comment.

5. Should any Comment be filed belatedly hereafter, it is

likewise prayed that the same be ordered expunged from the records
for serious non-compliance of the aforesaid Resolution.

RESPECTFULLY SUBMITTED.

Tacloban City (for Cebu City). 4 June 2012.

LEO S. GIRON
Counsel for Private Respondent
ROA # 37379
IBP Lifetime No. 00733
PTR No. 7097670; 1-3-12; Tacloban City
MCLE Compliance No. IV-0005511; 4-23-12
253 Avenida Veteranos, Tacloban City

COPY FURNISHED: (by registered mail due to lack of messengerial service)

ATTY. PHIO L. VIOVICENTE

Counsel for the Petitioners
3762-C, Cuenca St., Palanan, Makati City