MANUAL
OF INSTRUCTIONS FOR SHERIFFS OF THE NLRC
Pursuant to
the provisions of Art. 218 (a) of the Labor
Code, as amended, in relation to Section 4, Rule XI of the Revised
Rules of the National Labor Relations Commission, the following
Sheriffs
Manual is hereby adopted and promulgated:
RULE I
Title and
Constructions
SECTION 1.
Title of the Manual. — This Manual shall be known as the Manual
of Instructions for Sheriffs of the National Labor Relations Commission.
SECTION 2. Construction.
— This Manual shall be construed in a manner that shall attain a just,
expeditious, and inexpensive execution of the judgment of the National
Labor Relations Commission or any of its Labor Arbiters, the Philippine
Overseas Employment Administration, and the Supreme Court in proper
cases.
SECTION 3. Suppletory
Application of Rules
of Court and Jurisprudence. — In the absence of any applicable
provision in this Manual, and in order to carry out its objectives, the
pertinent provisions of the Revised
Rules of Court of the Philippines and prevailing jurisprudence may,
in the interest of expeditious execution of the judgment of the
National
Labor Relations Commission or any of its Labor Arbiters, the Philippine
Overseas Employment Administration, and the Supreme Court in proper
cases
and whenever practicable and convenient, be applied by analogy or in a
suppletory character and effect.
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RULE II
The Sheriff
SECTION 1.
Concept. — The sheriff is a public officer who exercises his
duties
and functions within the limits of his authority and jurisdiction, as
defined
by law.
SECTION 2. Duties.
— The sheriff serves all writs, executes all processes, and carries
into
effect all decisions, orders or awards issued by the National Labor
Relations
Commission or any of its Labor Commission or any of its Labor Arbiters,
the Philippine Overseas Employment Administration, and the Supreme
Court
in proper cases.
SECTION 3. Responsibility
and Bond. — Only bonded sheriffs may serve writs of execution
involving
the taking, holding, or delivering of money or property in trust for
the
prevailing party. The bond of the sheriff as required by law shall be
determined
by the Commission conditioned, among others, for the delivery or
payment
to the Government or the persons entitled thereto, of all property or
sum
of money that may officially come into his control and custody.
SECTION 4. Norm
of Conduct. — The sheriff of the Commission must conduct himself at
all times in an upright manner. His first and primary duty is to
implement
the writ of execution and in accomplishing the same, every reasonable
effort
should be exercised to achieve the purpose of the writ.
RULE III
Writ of
Execution
SECTION 1.
Definition. — The writ of execution is an order directing the
sheriff
to enforce, implement or satisfy the final decisions, orders, or awards
of the National Labor Relations Commission or any of its Labor
Arbiters,
the Philippine Overseas Employment Administration, and the Supreme
Court
in proper cases. The writ of execution is valid only for a period of
sixty
(60) days from receipt thereof by the sheriff or other proper officer.
SECTION 2. Issuance,
Form, and Contents of a Writ of Execution. — The writ of execution
must issue in the name of the Republic of the Philippines from the
National
Labor Relations Commission or any of its Labor Arbiters, the Philippine
Overseas Employment Administration and the Supreme Court in proper
cases,
requiring the sheriff or proper officer to execute the decisions,
orders,
or awards of the National Labor Relations Commissions or any of its
Labor
Arbiters, the Philippine Overseas Employment Administration, and the
Supreme
Court in proper cases, and must contain the dispositive portion of the
decisions, orders, or awards sought to be executed and must require the
sheriff or other proper officer to whom it is directed substantially as
follows:
(1)
If the execution be for the payment of a sum of money by the losing
party,
the writ shall be served by the sheriff upon the losing party or upon
any
other person required by law to obey the same before proceeding to
satisfy
the judgment out of the personal property of such party and if no
sufficient
personal property can be found, then out of his real property;
(2) If the
execution
be for the reinstatement of any person to any position, office or
employment,
such writ shall be served by the sheriff upon the losing party or upon
any other person required by law to obey the same, and such party or
person
may be punished for contempt if he disobeys such decisions, orders, or
awards.
RULE IV
Execution
SECTION 1. Properties
Subject to Execution. — Only the properties of the losing party
shall
be the subject of execution, except those exempted by law from
execution
as follows:
1.
The losing party's family home constituted in accordance with the Civil
Code or Family
Code, or as may be provided for by law or in the absence thereof,
the
homestead in which he resides, and land necessarily used in connection
therewith, subject to the limits fixed by law;
2. His
necessary
clothing, and that of his family;
3.
Household
furniture and utensils necessary for housekeeping, and used for that
purpose
by the losing party such as he may select, of a value not exceeding the
amount fixed by law;
4.
Provisions
for individual or family use sufficient for three (3) months;
5. The
professional
libraries of attorneys, judges, physicians, pharmacists, dentists,
engineers,
surveyors, clergymen, teachers, and other professionals, not exceeding
the amount fixed by law;
6. So much
of
the earnings of the losing party for his personal services within the
month
preceding the levy as are necessary for the support of his family.
7. All
monies,
benefits, privileges, or annuities accruing or in any manner growing
out
of any life insurance;
8. Tools
and
instruments necessarily used by him in his trade or employment of a
value
not exceeding Three Thousand Pesos (P3,000.00);
9. Other
properties
especially exempted by law.
SECTION 2. Execution
of Money Judgment. — The sheriff or proper officer shall enforce
the
execution of a money judgment by levying on all the property, real and
personal, of the losing party, of whatever name and nature and which
may
be disposed of for value, not exempt from execution, or on a sufficient
amount of such property, if there be sufficient and selling the same at
public auction to the highest bidder, and depositing the proceeds
thereof
with the Cashier of the National Labor Relations Commission or the
Philippine
Overseas Employment Administration and that the same shall be released
only upon orders from the Labor Arbiter, National Labor Relations
Commission,
or Philippine Overseas Employment Administration. Where payments are
made
in checks, the same shall be issued in the name of the National Labor
Relations
Commission or Philippine Overseas Employment Administration, as the
case
may be. Any excess in the proceeds of the sale over the judgment and
the
accruing costs shall be delivered by the proper Cashier to the losing
party
or parties who own the property sold unless otherwise directed by the
judgment
or order. When there is more property of the losing party than is
sufficient
to satisfy the judgment or award and accruing costs, within the view of
the officer, he shall levy only on such part of the property as is
amply
sufficient to satisfy the judgment or award and the costs.
SECTION 3. Voluntary
Satisfaction of Money Judgment. — Any voluntary tender of payment
by
the losing party shall be effected by depositing the same with the
Cashier
of the National Labor Relations Commission or the Philippine Overseas
Employment
Administration and shall be released only upon orders of the Labor
Arbiters,
NLRC or POEA who issued the writ of execution.
RULE V
Levy
SECTION 1.
Definition. — Levy is the act of taking possession and control
by
the sheriff or proper officer of sufficient property of the losing
party
to satisfy the decision, order, or award.
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A sale not preceded
by a valid levy is void and the purchaser acquires no title.
SECTION 2. Levy
on Personal Property. — To constitute a valid levy on personal
property,
the sheriff must take possession and control of the same.
1. Personal
property capable of manual delivery, by taking and safely keeping it in
his capacity as sheriff after issuing the corresponding receipt
therefor;
2. Stocks or
shares, or an interest in stocks or shares, of any corporation or
company,
by leaving with the president or managing agent thereof, a copy of the
decision, order, or award, and a notice stating that the stock or
interest
of the party against whom the levy is issued, is levied pursuant
thereto;
3. Debts and
credits, and other personal property not capable of manual delivery, by
leaving with the person owing such debts, or having in his possession
or
under his control, such credits or other personal property, or with his
agent, a copy of the decision, order, or award, and notice that the
debts
owing by him to the party against whom the levy is issued, and the
credits
and other personal property in his possession, or under his control,
belonging
to said party are levied in pursuance of such decision, order, or award;
4. The interest
of the party against whom levy is issued in property belonging to the
estate
of a decedent, whether as heir, legatee or devisee, by serving to the
executor
or administrator or other personal representative of the decedent a
copy
of the decision, order, or award and a notice that said interest is
levied.
A copy of said decision, order, or award, and notice shall also be
filed
with the office of the clerk of court in which said estate is being
settled
and served upon the heir, legatee, or devisee concerned.
If the property
sought to be levied is in custodia legis, a copy of the
decision,
order, or award, and notice shall be filed with the proper court, and
notice
of levy served upon the custodian of such property.
SECTION 3. Garnishment,
Defined. — Garnishment is the levy of money, goods, or chattels,
and/or
an interest thereon, belonging or owing to a losing party in the
possession
or control of a third party.
Garnishment
is effected by the sheriff or authorized officer, by serving a notice
thereof
to the third party who has possession or control of such money, goods,
chattels, and/or any interest therein, belonging or owing to the losing
party directing or requiring him (garnishee) to hold the same subject
to
further orders of the National Labor Relations Commission or any of its
Labor Arbiters and the Philippine Overseas Employment Administration.
Where
the property garnished consists of money deposited with a bank or third
party, the Labor Arbiter shall order that the same shall only be
released
to the Cashier of the NLRC or POEA as the case may be.
SECTION 4. Levy
on Real Property. — Real property or any interest therein may be
levied
in the following manner:
1.
Real property, or growing crops thereon, standing upon the records of
the
register of deeds of the province or city in the name of the party
against
whom levy is issued, not appearing at all upon such records, by filing
with the register of deeds a copy of the decision, order, or award,
together
with a description of the property levied, and a notice that it is
levied
upon and by leaving a copy of such decision, order, or award,
description,
and notice with the occupant of the property if there is any. When the
property has been brought under the operation of the land registration
system, the notice shall contain a reference to the number of the
certificate
of title and the volume and page in the registration book where the
certificate
is registered. The register of deeds must index levies filed under this
paragraph in the name of both the prevailing party and the losing party.
2. Real
property,
or growing crops thereon or any interest therein, belonging to the
party
against whom levy is issued, and held by any other person or standing
on
the records of the register of deeds in the name of any other person,
by
filing with the register of deeds a copy of the decision, or order, or
award, together with a description of the property, and a notice that
such
real property, and any interest therein of said property, held by or
standing
in the name of such other person, naming him are levied by leaving with
the occupant of the property, if any, and with such other persons, or
his
agents, if found within the province or city or at the residence of
either,
if within the province or city a copy of such decision, order, or
award,
description and notice. When the property has been bought under the
operation
of the land registration system, the notice shall contain a reference
to
the number of the certificate of title and the volume and page in the
registration
book where the certificate is registered. The register of deeds must
index
levies filed under this paragraph in the name of the prevailing party,
the losing party, and of the person by whom the property is held or in
whose name it stands on the records.
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SECTION 5. Effect
of Levy. — The levy on execution shall create a lien in favor of
the
prevailing party over the right, title, or interest of the losing party
in such property at the time of the levy.
SECTION 6. Effect
of Levy on Debts and Credits. — All persons having in their
possession
or under their control any credits or other similar personal property
belonging
to the party against whom levy is issued, or owing any debts to the
latter,
at the time of service upon them a copy of the decision, order or
award,
and notice, shall be liable to the prevailing party for the amount of
such
credits, debts, or other property until the levy is discharged, or any
judgment recovered by him is satisfied, unless such property is
delivered
or transferred, or such debts are paid, to the sheriff or other proper
officer of the National Labor Relations Commission or any of its Labor
Arbiters, and the Philippine Overseas Employment Administration issuing
the writ.
RULE VI
Third Party
Claim
SECTION 1.
Definition. — A third party claim is a claim whereby a person,
not
a party to the case, asserts title to or right to the possession of the
property levied upon.
SECTION 2. Proceedings.
— If property levied upon be claimed by any person other than the
losing
party or his agent, such person shall make an affidavit of his title
thereto
or right to the possession thereof, stating the grounds of such right
or
title and shall file the same with the sheriff and copies thereof
served
upon the Labor Arbiter or proper officer issuing the writ and upon the
prevailing party. 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 and the Labor Arbiter or proper
officer issuing the writ shall conduct a hearing with due notice to all
parties concerned and resolved the validity of the claim within ten
(10)
working days from receipt thereof and his decision is appealable to the
Commission within ten (10) working days from notice, and the Commission
shall likewise resolved the appeal within the same period.
However, should
the prevailing party put up an indemnity bond in a sum not less than
the
value of the property levied, the execution shall proceed. In case of
disagreement
as to such value, the same shall be determined by the Labor Arbiter,
National
Labor Relations Commission or the Philippine Overseas Employment
Administration
issuing the writ, as the case may be.
SECTION 3. Resolution
of the Third Party Claim, Effect. — In the event the third party
claim
is declared to be valid, the sheriff shall immediately release the
property
to the third party claimant, his agent or representative and the levy
on
execution shall immediately be lifted or discharged. However, should
the
third party claim be found to be without factual or legal basis, the
sheriff
must proceed with the execution of the property levied upon as if no
third
party claim had been filed.
RULE VII
Sale of
Property
on Execution
SECTION 1.
Notice of Sale. — No sale on execution shall proceed without
notice
of sale describing the property to be sold, its location, the date,
time,
and place of sale and the terms and conditions thereof.
(1) In case
of perishable property, by posting written notice of the time and place
of the sale in three (3) public places in the municipality or city,
where
the sale is to take place, for such time as the sheriff may deem
reasonable,
considering the character and condition of the property;
(2) In case
of other personal property, by posting a similar notice in three (3)
public
places in the municipality or city where the sale is to take place, for
not less than five (5) nor more than ten (10) days;
(3) In case
of real property, by posting for twenty (20) days a notice in three (3)
public places in the municipality or city where the property is
situated,
a similar notice particularly describing the property and stating where
the property is to be sold, and if the assessed value of the property
exceeds
fifty thousand pesos (P50,000.00) by publishing a copy of the notice
once
a week for two (2) consecutive weeks, in some newspaper published or
having
general circulation in the province or city, if there be one. If there
are newspapers published in the province or city in English and/or
Filipino,
then the publication shall be made in one such newspaper;
(4) In all cases,
written notice of the sale shall be given to the losing party;
(5) An officer
selling without the notice prescribed in the preceding sections shall
forfeit
five thousand pesos (P5,000.00) to any party injured thereby in
addition
to his actual damages, both to be recovered in a single proper action;
and a person willfully removing or defacing the notice posted, if done
before the sale, shall forfeit five thousand pesos (P5,000.00) to any
person
injured by reason thereon, to be recovered in any proper action.
An execution
sale without the required notice of sale as above provided is null and
void and shall vest no title in the purchaser.
SECTION 2. No
Sale If Judgment and Costs Paid. — At any time before the sale of
property
on execution, the losing party may prevent the sale by paying the
amount
required by the execution and the costs that have been incurred therein.
SECTION 3. How
Property Sold on Execution. — All sales of property under execution
shall be made at public auction, to the highest bidder, between the
hours
of nine in the morning and five in the afternoon. After sufficient
property
has been sold to satisfy the execution, no more shall be sold. When the
sale is of real property, consisting of several known lots, they shall
be sold separately, or, when a portion of such real property is claimed
by a third person he may require it to be sold separately. When the
sale
is of personal property capable of manual delivery, it shall be sold
within
view of those attending the sale and in such parcels as are likely to
bring
the highest price. The losing party, if present at the sale, may direct
the order in which property real or personal shall be sold, when such
property
consists of several known lots or parcels which can be sold to
advantage
separately. Neither the sheriff holding the execution, nor his deputy,
can become a purchaser, nor be interested directly or indirectly in any
purchase at such sale.
SECTION 4. Refusal
of Purchaser to Pay. — If a purchaser refuses to pay the amount bid
by him for property struck off to him at a sale under execution, the
sheriff
may again sell the property to the highest bidder and shall not be
responsible
for any loss occasioned thereby; but the Labor Arbiter or proper
officer
who issued the writ of execution may order the refusing purchaser to
pay
to the former the amount of such loss, with costs, and may punish him
for
contempt if he disobeys the order. The amount of such payment shall be
for the benefit of the person entitled to the proceeds of the
execution,
unless the execution has been fully satisfied, in which event such
proceeds
shall be for the benefit of the losing party. When a purchaser refuses
to pay, the sheriff may thereafter reject any subsequent bid of such
person.
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SECTION 5. Prevailing
Party as Purchaser. — When the purchaser is the prevailing party,
and
no third-party claim has been filed, he need not pay the amount of the
bid if it does not exceed the amount of the judgment. If it does, he
shall
pay only the excess.
SECTION 6. Adjournment
of Sale. — By written consent of the prevailing party and losing
party,
the sheriff may adjourn any sale on execution to any date agreed upon
in
writing by the parties. Without such agreement he may adjourn the sale
from day to day, if it becomes necessary to do so for lack of time to
complete
the sale on the day fixed in the notice.
SECTION 7. Conveyance
to Purchaser of Personal Property Capable of Manual Delivery. —
When
the purchaser of any personal property, capable of manual delivery,
pays
the purchase price, the sheriff making the sale shall deliver the
property
to the purchaser and, if desired, execute and deliver to him a
certificate
of sale. The sale conveys to the purchaser all the rights which the
losing
party had in such property on the day of its levy.
SECTION 8. Conveyance
to Purchaser of Personal Property Not Capable of Manual Delivery. —
When the purchaser of any personal property, not capable of manual
delivery,
pays the purchase price, the sheriff making the sale shall execute and
deliver to the purchaser a certificate of sale. Such certificate
conveys
to the purchaser all the rights which the losing party had in such
property
on the day of its levy.
SECTION 9. Conveyance
of Real Property Certificate Thereof Given to Purchaser and Filed With
the Register of Deeds. — Upon a sale of real property, the sheriff
shall give to the purchaser a certificate of sale containing:
1.
A particular description of the property sold;
2. The
price
paid for each distinct lot or parcel;
3. The
whole
price paid by him.
A duplicate of
such certificate shall be filed by the sheriff in the office of the
Register
of Deeds of the province or city where the property is situated.
SECTION 10.
Certificate of Sale Where Property Claimed by Third Party. —
When
a property sold by virtue of a writ of execution has been claimed by a
third party, the certificate of sale to be issued by the sheriff
pursuant
to preceding sections 7, 8, 9 shall indicate therein such third party
claim.
SECTION 11.
Redemption of Real Property Sold; Who May Redeem. — Real
property
sold as provided in the last preceding section or any part thereof sold
separately, may be redeemed in the manner hereinafter provided, by the
following parties/persons:
1.
The losing party, or his successor in interest in the whole or any part
of the property;
2. A
creditor
having a lien by attachment, judgment or mortgage on the property sold,
or on some part thereof, subsequent to the judgment under which the
property
was sold. Such redeeming creditor is termed a redemptioner.
SECTION 12. Time
and Manner Of, and Amounts Payable On, Successive Redemptions: Notice
to
be Given and Filed. — The losing party or redemptioner may redeem
the
property from the purchaser at any time within twelve (12) months after
the registration of the sale, by paying the purchaser the amount of his
purchase, with one per cent (1%) per month interest thereon, in
addition,
up to the time of redemption, together with the amount of any
assessments
or taxes which the purchaser may have paid thereon after purchase, and
if the purchaser be also a creditor having prior lien to that of the
redemptioner,
other than the judgment under which such purchase was made, the amount
of such other lien, with interest. Property so redeemed may again be
redeemed
within sixty (60) days after the last redemption, with two per centum
(2%)
thereon in addition, and the amount of any assessments or taxes which
the
last redemptioner may have paid thereon after redemption by him, with
interest
on such last-named amount, and in addition, the amount of any liens
held
by said last redemptioner prior to his own, with interest. The property
may be again, and as often as redemptioner is so disposed, redeemed
from
any previous redemptioner within sixty (60) days after the last
redemption,
by paying the sum paid on the last previous redemption, with two per
centum
(2%) thereon in addition, and the amount of any assessments or taxes
which
the last previous redemptioner paid after the redemption thereon, with
interest thereon, and the amount of any liens held by the last
redemptioner
prior to his own, with interest.
Written notice
of any redemption shall be given to the sheriff who made the sale and a
duplicate filed with the register of deeds of the province or city, and
if any assessments or taxes are paid by the redemptioner or if he has
or
acquires any lien other than that upon which the redemption was made,
notice
thereof must in like manner be given to the sheriff and filed with the
register of deeds; if such notice be not filed, the property may be
redeemed
without paying such assessments, taxes, or liens.
SECTION 13.
Effect of Redemption by Losing Party, and a Certificate to be
Delivered
and Recorded Thereupon: To Whom Payments on Redemption Made. — If
the
losing party redeems, he shall make the same payments as are required
to
effect a redemption by a redemptioner, whereupon the effect of the sale
is terminated and he is restored to his estate, and the person to whom
the payment is made shall execute and deliver to him a certificate of
redemption
acknowledged or approved before a notary public or other officer
authorized
to take acknowledgments of conveyances of real property. Such
certificate
must be filed and recorded in the office of the register of deeds of
the
province or city in which the property is situated, and the register of
deeds shall note the record thereof in the margin of the record of the
certificate of sale. The payments mentioned in this and the last
preceding
sections may be made to the purchaser or redemptioner, or for him to
the
sheriff who made the sale.
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SECTION 14.
Proof Required of Redemptioner. — A redemptioner shall produce
to
the sheriff, or person from whom he seeks to redeem, and serve with his
notice to the sheriff:
(1)
A copy of the judgment or order under which he claims the right to
redeem,
certified by the proper officer wherein the judgment is docketed; or,
if
he redeems upon a mortgage or other liens, a memorandum of the record
thereof,
certified by the register of deeds;
(2) A copy
of
any assignment necessary to establish his claim, verified by the
affidavit
of himself, or of a subscribing witness thereto;
(3) An
affidavit
by himself or his agent, showing the amount then actually due on the
lien.
SECTION 15. Deed
and Possession To Be Given at Expiration of Redemption Period: By Whom
Executed or Given. — If no redemption be made within twelve (12)
months
after the sale, the purchaser or his assignee, is entitled to a
conveyance
and possession of the property; or, if so redeemed whenever sixty (60)
days have elapsed and no other redemption has been made, and notice
thereof
given, and the time of redemption has expired, the last redemptioner,
or
his assignee, is entitled to the conveyance and possession, but in all
cases the losing party shall have the entire period of twelve (12)
months
from the date of the registration of the sale to redeem the property.
The
deed shall be executed by the sheriff making the sale or by his
successor
in office, and, in the latter case, shall have the same validity as
though
the sheriff making the sale had continued in office and executed it.
Upon the execution
and delivery of said deed the purchaser, or redemptioner, or his
assignee,
shall be substituted to and acquire all the right, title, interest, and
claim of the losing party to the property as of the time of levy,
except
as against the losing party in possession, in which case the
substitution
shall be effective as of the date of the deed. The possession of the
property
shall be given to the purchaser or last redemptioner by the same
sheriff
unless a third party is actually holding the property adversely to the
losing party.
SECTION 16.
Recovery of Price if Sale Not Effective: Revival of Judgment. —
If the purchaser of real property sold on execution, or his successor
in
interest fails to recover the possession thereof, or is evicted
therefrom,
in consequence of irregularities in the proceedings concerning the
sale,
or because the judgment has been reversed or set aside, or because the
property sold was exempt from execution, or because a third party has
vindicated
his claim to the property, he may in proper action recover from the
prevailing
party the price paid, with interest, or so much thereof as has not been
delivered to the losing party; or he may, on motion after notice, have
the original judgment revived in his name for the whole price with
interest,
or so much thereof as has been delivered to the losing party. The
judgment
so revived shall have the same force and effect as an original judgment
would have as of the date of the revival and no more.
RULE
VIII
Sheriff's Return
SECTION 1.
Return of Writ of Execution. — The writ of execution shall be
made
returnable to the Labor Arbiter or proper officer who issued it at any
time not less than ten (10) nor more than sixty (60) days after its
receipt
by the sheriff who shall set forth in writing on its back the whole
proceedings
by virtue thereof and file it with the Labor Arbiter or proper officer
to be preserved with the other records in the case. Failure to make the
return within the stated period shall subject the sheriff to a fine of
not less than P500.00, or suspension for fifteen (15) days without pay
or both.
SECTION 2. Prohibition.
— In the event that the judgment or order is returned unsatisfied,
either
wholly or partially, the sheriff shall no longer execute the judgment
or
order unless an alias writ of execution is duly issued.
1.
Under no circumstances should the sheriff accept or receive any deposit
in trust with a condition that execution shall not issue pending appeal
before the Supreme Court.
2. Should
the
losing party, his agent or representative, refuse or prohibit the
sheriff
or his authorized representative entry to the place where the property
subject of execution is located or kept, the prevailing party may apply
to the Labor Arbiter concerned for a break-open order and the latter
may
issue the same only after due notice and hearing.
RULE IX
Miscellaneous
SECTION 1.
Sheriffs Uniform. — In the performance of their official duties,
sheriffs and deputy sheriffs should be in uniform as prescribed by the
Commission. They should also wear badges and carry at all times their
identification
cards, controlled by the Commission, for proper identification in
enforcing
the writ.
SECTION 2. Assignment
of Writs of Execution. — The Labor Arbiter or proper officer,
issuing
the writs of execution, shall conduct the raffle for purposes of
assignment
thereof to the sheriffs.
SECTION 3. Storing
of Levied Property. — To avoid pilferage of or damage to levied
property,
the same shall be inventoried and stored in a bonded warehouse,
wherever
available, or in a secured place as may be determined by the sheriff
with
notice to and conformity of the losing party or third party claimant.
In
case of disagreement, the same shall be referred to the Labor Arbiter
or
proper officer who issued the writ of execution for proper disposition.
For this purpose, sheriffs should inform the Labor Arbiter or proper
officer
issuing the writ of the corresponding storage fees, furnishing him as
well
as the parties with a copy of the inventory. The storage fees shall be
shouldered by the losing party.
SECTION 4. Referral
of Questions Relative to Writ Enforcement. — Questions relative to
writ enforcement shall immediately be referred to the Labor Arbiter or
proper officer who issued the writ of execution for resolution.
SECTION 5. Sheriffs/Execution
Fees. — Sheriffs and deputy sheriffs are entitled to reimbursements
of actual expenses in accordance with Sec. 7 of Rule 141, as amended.
They
shall be provided with a cash advance of P300.00 at the beginning of
the
month for transportation expenses which amount shall be liquidated at
the
end of the month whereby they are to submit statement of expenses and
itinerary
of travel duly approved by the Labor Arbiter or proper officer issuing
the writ.
The following
execution fees payable to the NLRC or POEA, as the case may be, shall
be
charged against the losing party:
1.
For awards less than P5,000.00 P200.00;
2.
P5,000.00
or more but less than P20,000.00 P400.00;
3.
P20,000.00
or more but less than P50,000.00 P600.00;
4.
P50,000.00
or more but less than P100,000.00 P800.00;
5.
P100,000.00
or more but not exceeding P150,000.00 — P1,000.00 plus P10.00 for every
P1,000.00 in excess of P150,000.00
For purposes
of reimbursement of actual expenses, sheriffs and deputy sheriffs are
required
to submit statement of expenses and itinerary of travel to the Labor
Arbiter
or proper officer issuing the writ before enforcing the same.
SECTION 6. Whenever
practicable, in areas where there are no regional or sub-regional
arbitration
branches, execution of judgment may be delegated by the Labor Arbiter
or
POEA which issued the writ of execution to the City or Provincial
Sheriffs
as the case may be. The sheriff shall make his return to the Labor
Arbiter
or POEA concerned within sixty (60) days from receipt thereof.
RULE X
Effectivity
SECTION 1.
Effectivity. — This Manual shall take effect fifteen (15) days
after
publication in the Official Gazette.
(Sgd.)
FRANKLIN
M.
DRILON
(Sgd.) EDNA BONTO-PEREZ
Chairman
Vice-Chairman
(Sgd.)
DANIEL
M. LUCAS,
JR.
(Sgd.) CONRADO B. MAGLAYA
Commissioner
Commissioner
(Sgd.)
OSCAR
N.
ABELLA
(Sgd.) ROSARIO G. ENCARNACION
Commissioner
Commissioner
(Sgd.)
DOMINGO
H.
ZAPANTA (Sgd.) CEFERINO E. DULAY
Commissioner
Commissioner
(Sgd.)
ERNESTO
G. LADRIDO
III
(Sgd.) MIRASOL V. CORLETO
Commissioner
Commissioner
(Sgd.)
MUSIB
M.
BUAT
(Sgd.) ROBERTO P. TOLENTINO
Commissioner
Commissioner
(Sgd.)
BRAULIO
S.
DAYDAY
(Sgd.) LOURDES C. JAVIER
Commissioner
Commissioner
(Sgd.)
DANILO
S.
LORREDO
(Sgd.) NESTOR C. LIM
Commissioner
Commissioner
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