Professional Documents
Culture Documents
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* SECOND DIVISION.
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TINGA, J.:
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1
Resolution denied petitionersÊ motion for time to file a
motion 2for reconsideration of the Court of Appeals
Decision dated 29 December 2005 in3 the aforementioned
cases. The 10 April 2006 Resolution denied petitionersÊ
motion for reconsideration of the 06 March 2006
Resolution.
The following factual antecedents are undisputed.
Petitioners spouses Heliodoro Tuvilla, now deceased,
and Aquilina Tuvilla („spouses Tuvilla‰) were the
proprietors of Karen & Kristy Fishing Industry which
operated the fishing vessels M/V Karen and M/V Kristy. On
11 August 1998, several fishermen-crew members of said
vessels filed a complaint for illegal dismissal, unfair labor
practice and money claims against Spouses Tuvilla and
Karen & Kristy Fishing Industry (herein collectively
referred to as petitioners). 4
The Labor Arbiter rendered a Decision on 1 December
1999 ordering petitioners to pay the money claims but
dismissed the complaint for illegal dismissal and unfair
labor practice. Petitioners elevated the matter to the
National5 Labor Relations Commission (NLRC) which
affirmed the Labor ArbiterÊs ruling, except for the
computation of the salary differentials, 13th month pay
and service incentive leave. Both parties sought
reconsideration of the NLRC decision but were rebuffed.
Both parties again filed separate petitions for certiorari
6
with the Court of Appeals. In view of the substantial
identity of the parties and the issues, the separate petitions
were ordered consolidated. During the pendency 7
of the
appeal, petitioner Heliodoro Tuvilla passed away.
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8 Id., at p. 155.
9 CA Rollo, pp. 219-224.
10 Id., at pp. 233-235.
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counsel should not expect that all they need to do is sit back, relax
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and await the outcome of their case.‰
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Petition dismissed.
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