Question

Marvin was employed as a sales representative for ABC Corporation. However, he was terminated from his employment due to alleged misconduct. Disputing the termination, Marvin filed a complaint for illegal dismissal against ABC Corporation before the regional office of the National Labor Relations Commission (NLRC).

During the pendency of the case, the Labor Arbiter rendered a decision declaring the dismissal of Marvin as illegal and ordering his reinstatement with full back wages. ABC Corporation filed a motion for reconsideration, questioning the Labor Arbiter's decision. While waiting for the resolution of the motion for reconsideration, Marvin went back to work and presented the Labor Arbiter's decision ordering his reinstatement.

ABC Corporation, however, refused to reinstate Marvin and claimed that the decision was not yet final and executory. Marvin sought the assistance of the Labor Arbiter in enforcing the reinstatement order, while ABC Corporation maintained that Marvin cannot be reinstated pending the resolution of their motion for reconsideration.

Considering the relevant provisions of the Labor Code and the 2011 NLRC Rules of Procedure, as amended, discuss the following:

1. Can Marvin be reinstated pending the resolution of ABC Corporation's motion for reconsideration? Explain.
2. What are the remedies available to Marvin in order to enforce the reinstatement order issued by the Labor Arbiter?