You are on page 1of 6

RULE 39 Civil Procedure

Section 16. PROCEEDINGS WHERE PROPERTY CLAIMED BY THIRD
PERSON. —

If the property levied on is claimed by any person other than the judgment
obligor or his agent, and such person makes an affidavit of his title thereto or
right to the possession thereof, stating the grounds of such right or title, and
serves the same upon the officer making the levy and copy thereof, stating the
grounds of such right or tittle, and a serves the same upon the officer making
the levy and a copy thereof upon the judgment obligee, the officer shall not be
bound to keep the property, unless such judgment obligee, on demand of the
officer, files a bond approved by the court to indemnity the third-party claimant
in a sum not less than the value of the property levied on. In case of
disagreement as to such value, the same shall be determined by the court
issuing the writ of execution. No claim for damages for the taking or keeping of
the property may be enforced against the bond unless the action therefor is
filed within one hundred twenty (120) days from the date of the filing of the
bond.

The officer shall not be liable for damages for the taking or keeping of the
property, to any third-party claimant if such bond is filed. Nothing herein
contained shall prevent such claimant or any third person from vindicating his
claim to the property in a separate action, or prevent the judgment obligee from
claiming damages in the same or a separate action against a third-party
claimant who filed a frivolous or plainly spurious claim.

When the writ of execution is issued in favor of the Republic of the Philippines,
or any officer duly representing it, the filing of such bond shall not be required,
and in case the sheriff or levying officer is sued for damages as a result of the
levy, he shall be represented by the Solicitor General and if held liable therefor,
the actual damages adjudged by the court shall be paid by the National
Treasurer out of such funds as may be appropriated for the purpose. (17a)

RULE XII EXTRAORDINARY REMEDIES (N) (2011 NLRC RULES OF PROCEDURE) SECTION 1. SECTION 4. b) contain the arbitral docket number and appeal docket number. or any person acting under his/her authority. REQUISITES OF THE PETITION. if not corrected. – Not later than ten (10) calendar days from receipt of the order or resolution of the Labor Arbiter. WHEN AND WHERE FILED. . to desist from enforcing said resolution or order. VERIFIED PETITION – A party aggrieved by any order or resolution of the Labor Arbiter including those issued during execution proceedings may file a verified petition to annul or modify such order or resolution. as amended. GROUNDS. The petition may be accompanied by an application for the issuance of a temporary restraining order and/or writ of preliminary or permanent injunction to enjoin the Labor Arbiter. Rule 7 of the Rules of Court. d) be verified by the petitioner himself/herself in accordance with Section 4. if any. b) If serious errors in the findings of facts are raised which. c) If a party by fraud. – The petition filed under this Rule may be entertained only on any of the following grounds: a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter. or e) If the order or resolution will cause injustice if not rectified. would cause grave or irreparable damage or injury to the petitioner. together with clear copies of documents relevant or related to the said order or resolution for the proper understanding of the issue/s involved. c) state the material date showing the timeliness of the petition. d) If made purely on questions of law. – The petition filed under this Rule shall: a) be accompanied by a clear original or certified true copy of the order or resolution assailed. the aggrieved party may file a petition with the Commission furnishing a copy thereof to the adverse party. SECTION 2. mistake or excusable negligence has been prevented from taking an appeal. accident. SECTION 3.

ANSWER TO THE PETITION. OPPOSITION TO THE INJUNCTIVE RELIEF. If the last day to serve and file a pleading falls on a Saturday. Sunday or holiday. the private respondent may file his/her verified opposition or comment to the application for injunctive relief not later than five (5) calendar days from receipt of a copy of the petition. the argument/s in support thereof and the reliefs prayed for. – Upon filing of the petition. – The party filing the pleadings shall serve the other party with copies thereof in accordance with Rule 13 of the Rules of Court furnishing the Labor Arbiter with a copy. In case of execution. SECTION 7. the private respondent shall file his/her answer therein stating the ground/s why the petition should be denied. As used in this Rule. WHEN FILED. the pleading shall be served and filed on the first working day immediately following such Saturday. SECTION 5. SECTION 9. SECTION 8. ii) proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution being assailed or questioned. f) be in three (3) legibly written or printed copies. but no money collected or credit garnished may be .e) be in the form of a memorandum which shall state the ground/s relied upon. – In case the petitioner also prays for an injunctive relief. Sunday or Holiday. both in his/her behalf and that of the public respondent. – The Labor Arbiter shall be jointly impleaded with the private respondent as a public respondent in a nominal capacity. SERVICE AND FILING OF PLEADINGS. – Within ten(10) calendar days from the receipt of the petition. the private respondent refers to the party interested in sustaining the order or resolution of the Labor Arbiter. the proceedings before the Labor Arbiter shall continue unless restrained. and iii) proof of payment of the required fees. The public respondent shall not appear or file an answer or comment to the petition or any pleading therein. SECTION 6. to file his/her answer within the said period may be construed as a waiver to file the same. EFFECT OF FILING OF PETITION. and g) be accompanied by: i) certificate of non-forum shopping. and the cost awarded in such proceedings in favor of the petitioner shall be against the private respondent only. the proceedings in accordance with Rule XI of these Rules shall not be suspended. THE PUBLIC AND PRIVATE RESPONDENTS IMPLEADED IN THE PETITION. It shall be the duty of the private respondent to appear and defend. Failure on the part of the private respondent.

In case of execution proceedings. the Commission may issue a temporary restraining order ex. If no temporary restraining order or writ of preliminary injunction is issued within the said period. In the event that the application for a writ of preliminary injunction is denied . VERIFIED APPLICATION. SECTION 11. SECTION 10. In the issuance of a temporary restraining order or writ of preliminary injunction. the Commission shall require the posting of a cash bond in the amount of Fifty Thousand Pesos (P50. including all reasonable costs. expense or damage caused by the improvident or erroneous issuance of such order or injunction.00). the Labor Arbiter shall immediately inform in writing the Commission or the Division where the petition is pending of the satisfaction of the judgment. if circumstances warrant. the Commission shall dismiss the petition for being moot. or such higher amount as may be determined by the Commission.000. together with supporting affidavits and documents. If it shall appear from facts shown by the verified application and affidavits that great and irreparable damage and/or injury would result to the petitioner before the petition can be resolved. BOND: – Upon the filing of a verified application for injunctive relief. The records of the case shall not be elevated to the Commission unless otherwise ordered. to satisfy the judgment. to recompense those enjoined for any loss. Rule 58 of the Rules of Court for the preservation of the rights of the parties pending resolution of the petition. ISSUANCE OF TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION. and.parte effective for a non-extendible period of twenty (20) calendar days from service on the private respondent. The writ of preliminary injunction shall be effective for a non-extendible period of sixty (60) calendar days from service on the private respondent. The temporary restraining order or writ of preliminary injunction shall become effective only upon posting of the required cash bond.released or properties levied upon be sold by public auction within fifteen (15) calendar days from the filing of the petition. EFFECTIVITY OF TEMPORARY RESTRAINING ORDER OR WRIT OF PRELIMINARY INJUNCTION. the Commission may issue a writ of a preliminary injunction based on any of the applicable grounds provided for in Section 3. An additional cash bond may be required by the Commission in the issuance of a writ of preliminary injunction. the money collected or credit garnished shall be released and/or the properties levied upon sold by public auction and the proceeds of the sale applied.

RECOVERY FROM THE INJUNCTION BOND. it shall: a) render judgment for the relief prayed for or to which the petitioner is entitled. SECTION 12. shall be allowed or acted upon by the Commission. Rule 58 of the Rules of Court. and/or b) grant a final injunction perpetually enjoining the Labor Arbiter or any person acting under his/her authority from the commission of the act/s or confirming the preliminary injunction. SECTION 13. prosecuted manifestly for delay. However. shall not suspend the proceedings before the Labor Arbiter or stay the implementation of the writ of execution but shall only restrain or enjoin such particular act/s as therein decreed to be restrained or enjoined. unless otherwise declared by the Commission.or not resolved within the said period. . SECTION 14. – The amount of damages that may be recovered by the private respondent from the injunction bond of the petitioner shall be ascertained and awarded in the decision/order/resolution finally disposing of the issue on the application for injunction. the Commission may dismiss the petition if it finds the same to be patently without merit. the temporary restraining order is deemed automatically vacated. may be dissolved. NO APPEAL FROM THE ORDER OR RESOLUTION OF THE LABOR ARBITER ARISING FROM EXECUTION PROCEEDINGS OR OTHER INCIDENTS. RESOLUTION OF PETITION. SECTION 15. The application for a temporary restraining order or a writ of preliminary injunction may be denied. EFFECT OF INJUNCTION. or if granted. – The issuance of a temporary restraining order or a writ of preliminary injunction. on any grounds provided for in Section 6. no appeal from the order or resolution issued by the Labor Arbiter during the execution proceedings or in relation to incidents other than a decision or disposition of the case on the merits. – Except by way of a petition filed in accordance with this Rule. – If the Commission finds that the allegations of the petition are true. or that the questions raised therein are too unsubstantial to require consideration.