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2012 NLRC Sheriff's Manual PDF
2012 NLRC Sheriff's Manual PDF
Pursuant to the provisions of Art. 218 (a) of the Labor Code, as amended, in
relation to Rule XI, 2011 NLRC Rules of Procedure. the following 2012 NLRC
Sheriffs Manual on Execution of Judgment is hereby adopted and promulgated:
RULE I
TITLE AND CONSTRUCTION
SECTION 1. Title of the Manual. - This Manual shall be known as the 2012 NLRC
SHERIFFS' MANUAL ON EXECUTION OF JUDGMENT. (18)
RULE II
THE SHERIFF
SECTION 1. Duties. - The Sheriff shall serve all writs within three (3) days
from receipt of the same, execute all processes and carry into effect any
judgment herein. A sheriff is a ministerial officer who is an agent of the law.
The Sheriffs function is limited to the full implementation and complete
satisfaction of the decisions, orders, awards or jUdgments.
Any settlement attempts or settlement entered into by the parties shall be
referred by the Sheriff to the Commission or the Labor Arbiter who issued the
writ.
In no case shall the Sheriff conciliate or take part in any settlement
proceedings during enforcement. (1a)
SECTION 2. Norm of Conduct. - The Sheriff of the Commission must at all times
conduct himself in an upright manner, with utmost dignity. integrity and
professionalism. His first and primary duty is to implement the writ of execution,
processes and other orders strictly in accordance with the terms thereof. (3a)
SECTION 3. Control and Supervision Over the Sheriff. - The Commission or Labor
Arbiter issuing the writ shall have full control and supervision over the sheriff assigned
to enforce the same. (7a, Rill)
SECTION ~. 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 persons entitled thereto of all property, real or personal, that may officially come into
his control and custody. (2a)
RULE III
THE WRIT OF EXECUTION
RULE IV
EXECUTION
b) In the event of failure or refusal of the losing party to pay the judgment
award, the Sheriff shall enforce the judgment award in the following order:
1. Cash bond
2. Bank deposits
3. Surety bond
c) Should the cash bond or surety bond be insufficient, the Sheriff shall,
within five (5) days from demand, execute the monetary judgment by
levying on the personal property, and if insufficient, the real property of
the losing party not exempt from execution, sufficient to cover the
judgment award, which may be disposed of for value at a public auction to
the highest bidder.
RULEV
LEVY
SECTION 3. Levy on Real Property. - Real property or any interest therein may
be levied in the following manner:
a) 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;
Machinery, equipment or mechanical contrivances attached to an
immovable in a fixed manner, in such a way that they will break or deteriorate if
separated therefrom, and machinery, receptacles instruments or implements
intended by the owner of the tenement for an industry or works which may be
carried on in a building or in a piece of land, and which tend directly to meet the
need of the said industry or works are classified as immovable/real property
under Article 415, paragraphs 3 & 5 of the Civil Code. Thus, they cannot be
dismantled and levied as personal property.
SECTION 4. 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 same time of the levy.
SECTION 5. Effect of Levy on Debts and Credits. - All persons having in their
possession or under their control any credit or other similar personal property belonging
to the party against whom levy is issued, or owing any debt 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 duly designated officer
of the National Labor Relations Commission.
SECTION 6. Effect of Refusal of Entry - Should the losina 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
Sheriff shall immediately submit a report to the Commission or Labor Arbiter who
issued the writ for their appropriate action. (n)
SECTION 7. Break Open Order; When Issued. - 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 file a motion for a break open order with
the Commission or Labor Arbiter concerned who. after due notice and hearing.
shall resolve the same. (n)
The Sheriff, when warranted by the situation. may request from the
Commission or Labor Arbiter police assistance in the enforcement of 1 final
awards. orders. decisions. (Amended 4c, Rill)
RULE VI
SALE OF PROPERTY ON EXECUTION
When the sale pertains to real property, consisting of several known lots, they
must be sold separately. When a portion of such real property is claimed by a third
person, the latter may require it to be sold separately.
When the sale pertains to personal property capable of manual delivery, it must
be sold within view of those attending the same and in such parcels as are likely to
bring the highest price. When such property consists of several known lots or parcels
which can be sold to advantage separately, the losing party, if present at the sale, may
direct the order which property, real or personal, shall be sold.
Neither the sheriff nor any authorized officer conducting the execution sale, can
become a purchaser, nor be interested directly or indirectly in any purchase at such
sale. (3a)
SECTION 11. Certificate of Sale When Property is Claimed by Third Party. - When
a property sold by virtue of a writ of execution is claimed by a third party, the certificate
of sale to be issued by the sheriff pursuant to preceding sections 7, 8 and 9 shall
indicate therein such third party claim. (10a)
SECTION 12. Redemption of Real Property Sold; Who may Redeem. - Real
property sold as provided in the last preceding section or any part thereof separately,
may be redeemed in the manner hereinafter provided, by the following parties/persons:
a) The losing party, or his successor in interest in the entire or any part of the
property;
b) 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.(11 a)
SECTION 1~. 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 one (1) year after the
registration of the certificate of sale, by paying the purchaser the amount of his
purchase with one per centum per month interest thereon plus any assessments or
taxes which the purchaser may have paid with interest up to the time of redemption.
If the purchaser be also a creditor having a 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 upon payment of the sum paid in the last redemption, with two per centum
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 a
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 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 must be given to the sheriff who made the sale,
and if any assessments or taxes are paid by the redemptioner or if he has or acquires
any lien other than thatupon which the redemption was made, notice thereof must in
like manner be given to the sheriff and filed by the redemptioner with the register of
deeds; if no such notice is filed, the property may be redeemed without paying such
assessments, taxes or liens.
In all cases. the Sheriff shall immediately transmit the written notice of
redemption including the proof submitted by the redemptioner to the
Commission or the Labor Arbiter of origin for proper disposition. (12a)
RULE VII
SHERIFF'S RETURN
A copy of the report shall be furnished the Chairman and. the Executive
Labor Arbiter. (2a, RIX)
RULE VIII
MISCELLANEOUS PROVISIONS
SECTION 1. Hours and Days When Writ Shall Be Served. - Writ of Execution shall
be served at any day, except Saturdays, Sundays, and holidays, between the hours of
eight in the morning and five in the afternoon. If, by nature of the losing party's
business, it requires the implementation of the same beyond the period provided herein,
a written authorization must be secured by the sheriff or duly designated officer from the
Commission or Labor Arbiter who issued the writ.
RULE IX
EFFECTIVITY AND REPEALING CLAUSE
SECTION 1. Effectivity. - This Manual shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
. L~ (On Leave)
ALEX A. LOPEZ
pr~mmiSSioner Presiding Commissioner
VIOLhA O. BA TUG
presitg Commissioner
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0: LON {PERLITA B. VELASCO
Presiding Commissioner Commissioner
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TERESITA D. CASTILLON-LORA
Commissioner
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1lfC-Y
ERLINDA T. AGUS GREGORIO O. BILOG
Commissioner Commissioner
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LO C. ESPIRITU, JR. ISABEL
Commissioner
(On Leave)
NIEVES E. VIVAR-DE CASTRO NUM
Commissioner
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mmissioner
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MERC~~~~CAP
~~~ssioner
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(On Leave) /
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DOMINADOR B. MEDROSO, JR.
Com missioner
Attested by:
ELEN/~CRUZ
Executive ClerK of Court IV