Did RTWPB-7 representative influence NLRC decision?

CEBU, Philippines - An engineer has questioned a member of the Regional Tripartite Wages and Productivity Board in Central Visayas for acting as counsel in the labor case he filed against one locator at the Mactan Export Processing Zone (MEPZ) I.

Engineer Joselito Arenas, who was terminated by East Asia Utilities Corporation for willful break of trust, believes that management representative to RTWPB-7 Hidelito Pascual may have influenced in the decision of the National Labor Relations Commission against him.

Arenas initially won his case before the Regional Arbitration Board-7 on December 15, 2010. He was ordered to be reinstated with back wages and was only meted a penalty of one month suspension in lieu of termination.

However, the decision was reversed by the NLRC 7th division on July 29, 2011. The NLRC ruled that there was no legal basis in the reinstatement of Arenas.

On September 13, 2011, Arenas brought the case before the Court of Appeals through a petition for certiorari. The appellate court has ordered both the RAB-7 and NLRC to comment on the petition.

However, Executive Labor Arbiter Jose Gutierrez issued a certificate of finality of judgment on February 20, 2012 making its decision final and executory on August 26, 2011.

Arenas is also confused why Gutierrez continue to take cognizance of the case when it was already in the CA. In an order dated February 27, 2012, Gutierrez denied the motion of the respondents to withdraw cash bond amounting to P336,128.10 on the ground that the decision awarding Arenas the said amount was reversed by the NLRC and that the complainant's dismissal is valid.

Gutierrez said that the respondents failed to notify that Arenas was already reinstated and paid of his wages within the given period.

Labor Arbitration Associate Alcestis Joy Marie Pacres issued a notice of pre-execution conference of the same case before RAB 7 Labor Arbiter Bertino Ruaya Jr. this afternoon.

Arenas said he is not attending the said conference. He said he already filed a manifestation for fear that he will be charged of forum shopping when he has pending petition before the CA.

"It is most respectfully submitted that the NLRC, out of respect to the Honorable Court of Appeals, and in the interest of justice, should refrain from committing any act that would prejudice or have an adverse effect on the case," Arenas' manifestation reads.-(FREEMAN)