MANUAL OF INSTRUCTIONS FOR SHERIFFS OF THE NLRC  
 

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. chan robles virtual law library
 

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.
 

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:

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:

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.
 

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:

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.
 

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.
 

(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.chan robles virtual law library

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:

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:

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.chan robles virtual law library

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:

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.
 

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.

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:

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.
 

(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