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| .The
National Labor Relations Commission (NLRC) EN BANC RESOLUTION NO. 10 - 06 - Series of 2006 |
WHEREAS,
Rule-XI, Section 5, of the 2005
Revised Rules of Procedure of the National Labor Relations Commission
Provides that: chan robles virtual law library
“EXECUTION OF MONETARY JUDGMENT –
x x x
d) Should the cash deposit or surety bond be insufficient, or in case the surety bond cannot be proceeded against for any reason, the Sheriff shall, within five (5) days from demand, execute the monetary Judgment by levying on the property, personal and real, of the losing party not exempt from execution, sufficient to cover the judgment award, which may be disposed of for value at the public auction to the highest bidder. chan robles virtual law library x x x”
WHEREAS, there is a need to amend the above-quoted provision to enable the Commission or the Labor Arbiter to have more control ever the Sheriffs' conduct. Anyway, what is important is for the judgment award to be satisfied. WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED THAT Rule XI, Section 5, of the 2005 Revised Rules of Procedure Is hereby amended as follows: chan robles virtual law library “EXECUTION OF MONETARY JUDGMENT
– x x x. chan robles virtual law library
d) Should the cash deposit or surety bond be insufficient or in case the surety bond cannot be proceeded against for any reason, the Sheriff shall within five (5) days from demand, execute the monetary judgment by levying on the property, personal and real, of the losing party not exempt from execution, sufficient to cover the judgment award, which may be disposed of for value at the public auction to the highest bidder. The losing party shall have the option to choose which or his sufficient properties should be levied first to satisfy the monetary obligations. chan robles virtual law library x x x”
Signed
this 8th day of September, Cebu City, Philippines.
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