REPUBLIC OF THE PHILIPPINES

Republic of the Philippines COURT OF APPEALS

SIXTH DIVISION ManilaIOEPEX TECH. PHIL., ET AL., Petitioner, - versus - G.R. NO. 62548231 For: CertiorariNATIONAL LABOR RELATIONS COMMISSION

Respondent,ANTHONY C. MANLAPO

Private Reposndent.

X------------------------------------------------------------X

PETITION FOR CERTIORARI Petitioner,IOEPEX TECH. PHIL., ET AL, certiorari to review the March 7, 2014 exclusion ruling of the National Labor Relations Comission alleging that:I. NATU|RE OF THE PETITION1. This is a petition for Certiorari under Rule 65 of the Rules of Civil Procedure assailing the resolution of the National Labor Relations Commission (NLRC for brevity) Sixth Division dated March 7, 2014. (which is referred as Annex A hereof) pertaining to the denied Motion for Reconsideration of its previous decision;

2. That petitioner was able to timely file the Motion For Reconsideration of such resolution of the National Labor Relations Commission. Unfortunately, the NLRC denied said motion on its resolution dated March 15, 2014;

3. That petitioner is now assailing the propriety of the NLRC decision hereby raise pure questions of law, considering that there is no plain, speedy and adequate remedy available in the ordinary course of law-hence, this petition;II. TIMELINESS OF THE FILING OF THE PETITION

1. That petitioner through its president had received via his secretary the assailed NLRC decision denying the motion for reconsideration on February 27, 2014. This petition is timely filed because it is still within the time frame allowed by law.

III. ATTACHMENTS1. Annex A -Decision of NLRC dated March 07, 2014.

2. Annex B -Denied Motion for Reconsideration by NLRC dated March 27,2014.IV.THE PARTIES That petitioner is a corporation duly organized and registered under the laws of the Philippines, represented by its President/Manager Gilbert Orencia , of legal age, Filipino, single, with an office address at Iopex Technologies E-square I. T. Park 12/F Net Lima Bldg. 5th Avenue. Corp 26th St, Bonifacio Global City Taguig where he may be served the summons and other processes of this Honorable Court; That respondent NATIONAL LABOR RELATIONS COMMISSION (NLRC) is a quasi-judicial body tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through compulsory arbitration and alternative modes of dispute resolution. It is attached to the Department of Labor and Employment for program and policy coordination with duties and responsibilities pursuant to law duly represented by its CHAIRMAN MARK PAUL LOMOD, of legal age, Filipino with postal address at NLRC OFFICE, Quezon City, where he may be served the summons and other processes of this Honorable Court. II. STATEMENT OF MATTERS AND FACTS INVOLVED IN THE CASE1. In 2014, the Defendant, ANTHONY C. MANLAPO , failed to transfer a call his supervisor when a customer called in and that was according to the company rules a violation in a call process. Due to this charge, the was temporarily dismissed and later on suspended by the company. ANTHONY C. MANLAPO a complaint for illegal dismissal to the Labor Arbiter. He alleged that he was illegally dismissed for such act was in accordance with the companies policy that a before a call will transferred to a supervisor the customer was ask twice. 2. The Labor Arbiter ruled in favor of the ANTHONY C. MANLAPO n de La Cruz, et al. The dispositive portion of which reads as follows:

WHEREFORE, premises considered, judgement is hereby rendered, declaring private respondents guilty of illegal dismissal.Accordingly, respondents are ordered jointly and severally liable.

1) To reinstate complainant of his former and/or substantially equivalent position, without loss of seniority rights, privileges and other benefits

2) To pay complainant his backwages, computed from the time of his illegal dismissal up to his actual reinstatement

3) To pay complainant the amount of P1,230.76, representing his salary for two (2) days;4) To pay complainant the amount of P 3,076.90, representing his service incentive leave pay

5) To pay complainant an amount equivalent to ten (10%) percent of the total judgement award, as and for attorneys fees.

3. That IOEPEX TECH. PHIL appealed to NLRC but the latter sustained the decision of the Labor Arbiter. The dispositive portion of which reads as

follows:

WHEREFORE, the premised considered, the appeal is denied for lack of merti and the October 23, 2013 decision is hereby affirmed.4. That a timely Motion for Reconsideration was filed before the NLRC but was denied.VI. REASONS/ARGUMENTS RELIED ON FORTHE INSTANT PETITION PREMISES CONSIDERED, it is respectfully prayed to this Honorable Court, that the -1. The NLRC erred and gravely abused its discretion in a capricious, whimsical arbitrary or despotic manner in the exercise of their jurisdiction equivalent to lack of jurisdiction for IOEPEX TECH. PHIL validly carried out its retrenchment program, which effectively severed the concerned employees employment with the company. For lack of factual and legal basis, the NLRC struck down its decision against the Corporation.

2. The NLRC acted with or in excess of its jurisdiction when they overstepped their authority in not appreciating the ground relied upon in the arguments of the petition and the Motion For Reconsideration of IOEPEX TECH. PHIL.

FURTHERMORE, it is respectfully prayed that the instant that an order be issued reversing the NLRC decision denying the Motion for Reconsideration of IOEPEX TECH. PHIL. Respectfully submitted this 28th day of March, 2014 at Manila City, Philippines.

ATTY. EDWIN CACAYORINCounsel for Petitioner

PTR no. 1532749-1-5-09

IBP No. 04796 (lifetime)

ROA No. 46753

MCLE Compliance No.II-0006141

2F Left Wing, PPL BLGUnited Nations Ave. Paco Manila

E X P L A N A T I O N

( Pursuant to Section 11, Rule 13 of the 1997 Rule of the Civil Procedure)

The foregoing pleading is being served through registered mail except for the filing of the petition because personal delivery is impractical due to distance.

ATTY. PEARLITO CAMPANILLA

Copy furnished:

GERARDO NOGRALES

Chairman

National Labor Relations Commission

Quezon City, Metro Manila

The Solicitor General

VERIFICATION & CERTIFICATION OF NON-FORUM SHOPPING REPUBLIC OF THE PHILIPPINES )

Quezon City , MANILA ) S.S. I, GILBERT ORENCIA President/ Manager of IOEPEX TECH. PHIL of is legal age, Filipino, single, with an office address at Iopex Technologies E-square I. T. Park 12/F Net Lima Bldg. 5th Avenue. Corp 26th St, Bonifacio Global City Taguig where he may be served the summons and other processes of this Honorable Court, under oath, depose/say, that: I am the petitioner in this case. I caused the preparation, signed and read the instant pleading, and all the contents/allegations thereof are true and correct of my own personal knowledge or based on authentic records.

I CERTIFY (a) that I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, I will file a complete statement of the present status thereof, but there is none; and (c) if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.GILBERT ORENCIA, affiant

LTO ID No. 6689

. SUBSCRIBED AND SWORN to before me, on this Friday the 13th, July, 2012, here at Malolos City, Bulacan, affiant exhibited to me his LTD ID No.6686 # 21783592, issued at Quezon City , on 2-27, 2013.

BERNAR D. FAJARDO

Notary Public,

Until Dec.31, 2014,

PTR NO. 7960111, 12- 2811,

Atty.s Roll No. 33633,

IBP OR # 852362, 1-2,12

MCLE COMP. III-0019636, 12- 2110

2nd Floor, BPSTA Bldg., Provincial Compound, Quezon City, (044) 662-5335 Celp. # 0906-9669792, Secretary

DOC. NO. 81, PAGE NO. 18,

BOOK NO. 96, SERIES OF 2012.

COPY FURNISHED-SERVED: By Personal Service: *** NATIONAL LABOR RELATIONS COMMISSION (NLRC)., the Chairman Mark Paul Lomod, through the Secretariat, 2nd Floor, Centennial Bldg., NLRC OFFICE, Quezon City.By Registered Mail with Return Card: Explanation: Due to lack of messenger, and impracticality, service of copies of this pleading was made by registered mail with return card upon herein parties:

***Office of the Solicitor General Francis Jardaleza,

134 Amorsolo St. Legaspi Village, Makati City

Tel. Nos. 818-6381 Fax Nos. 817-6037

Email: docket@osg.gov.phOriginal of the Registry Receipt is attached above, in the Original of the Petition, while the xerox of the Registry Receipts is attached with the copies of the Petition.REPUBLIC OF THE PHILIPPINES )

Quzon City Bulacan ) S.S.

AFFIDAVIT OF SERVICE I, GILBERT ORENCIA President/ Manager of IOEPEX TECH. PHIL of is legal age, Filipino, single, with an office address at Iopex Technologies E-square I. T. Park 12/F Net Lima Bldg. 5th Avenue. Corp 26th St, Bonifacio Global City Taguig where he may be served the summons and other processes of this Honorable Court, under oath, depose/say, that: That on March 28, 2014, I served copies of the petition with annexes of the following pleading/paper by personal service in accordance with Rule 65, inter alia, of the Revised Rules of Court, by delivering personally a copy to the party or NLRC chairman, by leaving it in its office with his clerk or with a person having charge thereof, as evidenced by the rubber stamp mark of the office herewith.

Nature of Pleading/Paper

Certiorari Case, G.R. No.62548231, IOPEX TECHNOLOGIES vs. NLRC.The addressees are as follows:By Personal Service:

NATIONAL LABOR RELATIONS COMMISSION (NLRC)., the Chairman Mark Paul Lomod, through the Secretariat, 2nd Floor, Centennial Bldg., NLRC OFFICE, Quezon City. That on July 18, 2012, I served copy of the petition with annexes of the following pleading/paper by depositing the copy of the petition with annexes in the Quezon City post office, in sealed envelope, plainly addressed to the party or its counsels at its office, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (l0) days if undelivered, as evidenced by the registry receipts attached herewith.

Certiorari Case, G.R. No.62548231 , IOPEX TECHNOLOGIES vs. NLRC.

By Registered Mail with Return Card: Explanation: Due to lack of messenger, and impracticality, service of copy of this pleading with annexes was made by registered mail with return card upon herein:

Office of the Solicitor General Francis Jardaleza,

134 Amorsolo St. Legaspi Village, 1229 Makati City

Tel. Nos. 818-6381 Fax Nos. 817-6037

Email: docket@osg.gov.ph

Original of the Registry Receipt is attached above, in the Original of the Petition, while the xerox of the Registry Receipts is attached with the copies of the Petition.GILBERT ORENCIA ,affiant SUBSCRIBED AND SWORN to before me, on this 18th, July, 2012, here at Malolos City, Bulacan, affiant exhibited to me his CTC NO. CC12005 # 21783592, issued at Malolos, Bulacan, on 2-27, 2011.BERNAR D. FAJARDO

Notary Public,

Until Jan.31, 2012,

PTR NO. 7960111, 12- 2811,

Atty.s Roll No. 33633,

IBP OR # 852362, 1-2,12

MCLE COMP. III-0019636, 12- 21-10

2nd Floor, BPSTA Bldg., Provincial Compound, Malolos City, Bulacan, (044) 662-5335 Celp. # 0906-9669792, Secretary

DOC. NO. 82, PAGE NO. 18,

BOOK NO. 96, SERIES OF 2012.*****

- 2 -