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Magtatanong lang po!

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1 Magtatanong lang po! on Thu Feb 24, 2011 1:38 am


Arresto Menor
Does the vice president of a private school (who is one of the incorporators of the school, a member of the board of trustees of the school) and concurrently designated as the school directress sue the school for back wages due her as the school directress? She was not hired as the school directress but the board of trustees (where she is one of them) designated her to that position.

In her complaint for back wages she named the president and the principal (also concurrently designated as Treasurer of the school) as respondents. The principal is a hired employee reporting to the school directress (in this case the complainant). Unfortunately, due to technicalities the labor arbiter sided with the complainant and ordered the school, the president and the treasurer to pay the complainant. The writ of execution is now released and they want to take the properties of the school (chairs, books, tables among others) even if school is still on-going.

Can you please advise us the best line of action we can pursue? Should we apply for a temporary restraining order, what is the proper way to do it and where do we go to apply for one? Can you endorse us to a lawyer who can help us go about this?

Thanks your very kind help.

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2 Re: Magtatanong lang po! on Thu Feb 24, 2011 6:57 pm


didn't you participate in the proceedings? the school did not file a position paper? that is a waiver of your right to be heard.

an erroneous decision is still a valid one if rendered with authority. you can try a petition for certiorari, but it will probably be disallowed because the proper remedy would have been an appeal to the NLRC.

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