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Chan Robles Virtual Law Library

The document discusses rules regarding the execution of decisions by labor arbiters in the Philippines. It states that a pre-execution conference must be scheduled before a writ of execution can be issued. It also details what is required for a writ of execution to be issued, including that no motion for execution will be entertained unless records of the case are in possession. The rules also discuss issues like a stay of execution during an appeal, enforcement of the writ, resolution of motions to quash, and resolution of third party claims during execution.

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36 views

Chan Robles Virtual Law Library

The document discusses rules regarding the execution of decisions by labor arbiters in the Philippines. It states that a pre-execution conference must be scheduled before a writ of execution can be issued. It also details what is required for a writ of execution to be issued, including that no motion for execution will be entertained unless records of the case are in possession. The rules also discuss issues like a stay of execution during an appeal, enforcement of the writ, resolution of motions to quash, and resolution of third party claims during execution.

Uploaded by

Johnime
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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receipt of the motion for the issuance of a writ of execution and subject to

Section 2, paragraph b, the Labor Arbiter shall schedule a pre-execution


conference/hearing to thresh out matters relevant to execution.
SECTION 2. ISSUANCE OF A WRIT. - (a) Execution shall issue upon a
decision, resolution or order that finally disposes of the actions or
proceedings after the counsel of record and the parties shall have been
furnished with copies of the decision in accordance with these Rules but only
after the expiration of the period of appeal if no appeal has been duly
filed. chan robles virtual law library
(b) No motion for execution shall be entertained nor a writ be issued unless
the Labor Arbiter/Commission is in possession of the records of the case
which shall include an Entry of Judgment in case of appeal except that, as
provided for in Section 10 of Rule VI, and in those cases where partial
execution is allowed by law, the Labor Arbiter shall retain duplicate original
copies of the decision to be implemented and proof of service thereof for the
purpose of its immediate enforcement.
SECTION 3. ISSUANCE OF PARTIAL WRIT PENDING APPEAL. - In case
the decision includes an order of reinstatement, the Labor Arbiter shall
immediately issue a partial writ of execution even pending appeal directing
the employer to immediately reinstate the dismissed employee either
physically or through payroll and to pay the corresponding salaries as a
consequence of the reinstatement.
SECTION 4. EFFECT OF PERFECTION OF APPEAL ON EXECUTION. - The
perfection of appeal shall stay the execution of the decision of a Labor
Arbiter on appeal except partial execution for reinstatement pending appeal.
SECTION 5. COMPUTATION DURING EXECUTION. - Where further
computation of the decision, resolution or order is necessary, no execution
shall issue until after computation shall have been approved by the Labor
Arbiter in an order after the parties shall have been duly notified and heard
thereon.
SECTION 6. EFFECT OF FILING OF PETITION FOR CERTIORARI ON
EXECUTION. - A petition for certiorari with the Court of Appeals or the
Supreme Court shall not stay the execution of the assailed decision unless a
temporary restraining order is issued by the Court of Appeals or the
Supreme Court.
SECTION 7. ENFORCEMENT OF WRIT. - In executing an order,
resolution or decision, the sheriff or other authorized officer acting as such,
shall be guided strictly by the Sheriff's Manual (NLRC Manual on Execution of
Judgment) which shall form part of these Rules, and in the absence of
applicable rules, the revised Rules of Court, as amended.
SECTION 8. RESOLUTION OF MOTION TO QUASH. - A motion to quash
shall be resolved by the Labor Arbiter within ten (10) days from submission
of said motion for resolution.
SECTION 9. RESOLUTION OF THIRD PARTY CLAIM. - Should a third
party claim be filed during execution of the judgment award, the third party
claimant shall execute an affidavit stating his title to property or possession
thereof with supporting evidence and shall file the same with the sheriff and
copies thereof served upon the Labor Arbiter or proper officer issuing the
writ. Upon receipt of the third party claim, all proceedings, with respect to
the execution of the property subject of the third party claim, shall
automatically be suspended. The Labor Arbiter who issued the writ may
require the third party claimant to adduce additional evidence in support of
his third party claim and to post a cash or surety bond equivalent to the
amount of his claim, as provided for in Section 6, Rule VI, without prejudice
to the posting by the prevailing party of a supersedeas bond in an amount
equivalent to that posted by the third party claimant, and resolve the
propriety of such claim within ten (10) working days from submission of the
claim for resolution.
SECTION 10. DESIGNATION OF SPECIAL SHERIFFS AND IMPOSITION
OF FINES. - The Chairman of the Commission may designate special Sheriffs
and take any measure, under existing laws to ensure compliance with the
decisions, resolutions or orders of the Commission and those of Labor
Arbiters, including the imposition of administrative fines which shall not be
less than P500.00 nor more than P10,000.00.
RULE IX
CERTIFIED CASES

SECTION 1. POLICY AND PURPOSE. - It is the declared policy and


purpose of certification of labor disputes for compulsory arbitration to ensure
and maintain industrial peace based on social justice and national interest by
having a full and complete settlement or adjudication of all labor disputes
between the parties, as well as issues that are relevant to or incidents of the
certified issues.

SECTION 2. CERTIFIED LABOR DISPUTES. - Certified labor disputes are


cases certified to the Commission for compulsory arbitration under Article
263 (g) of the Labor Code.

SECTION 3. EFFECTS OF CERTIFICATION. - (a) Upon certification, the


intended or impending strike or lockout is automatically enjoined,
notwithstanding the filing of any motion for reconsideration of the
certification order nor the non-resolution of any such motion which may
have been duly submitted to the Office of the Secretary of Labor and
Employment. If a work stoppage has already taken place at the time of the
certification, all striking or locked out employees shall immediately return to
work and the employer shall immediately resume operations and readmit all
workers under the same terms and conditions prevailing before the strike or
lockout.

(b) All cases between the same parties, except where the certification
order specifies otherwise the issues submitted for arbitration which are
already filed or may be filed, and are relevant to or are proper incidents of
the certified case, shall be considered su

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