Republic of the Philippines DEPARTMENT OF LABOR AND EMPL Intramuros, Manila Pursuant to the provisions of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended, this Sheriffs’ Manual is hereby promulgated. RULE Title and Construction Section 1. Title of the Manual. - This Manual shall be known as the “DOLE Sheriffs’ Manual on Execution of Judgments.” Section 2. Coverage. — This Manual shall cover the enforcement of judgment of the Office of the Secretary, pertinent Bureaus, Regional Offices, Mediator-Arbiters, and other attached agencies of DOLE except the National Labor Relations Commission (NLRC) and Voluntary Arbitration under the National Conciliation and Mediation Board (NCMB). Section 3. Construction. — This Manual shall be construed in a manner that shall attain a just, expeditious, and inexpensive execution of judgment as defined herein Section 4. Suppletory Application of the Rules of Court. — In the absence of any applicable provision in this Manual and in order to carry out its objectives, the Revised Rules of Court shall be applied in a suppletory character. Section 5. Definition of Terms. — For purposes of this Manual, the following terms are defined as follows: a) Cashier refers to the officer or employee charged with the receipt and custody of the cash/checks deposited and garnished in relation to the monetary awards of the Office which issued the Writ of Execution b) Contempt refers to the disobedience to the issuing authority, such as failure or refusal to comply with its orders or any other directives. ¢) DOLE refers to the Department of Labor and Employment and any of its Regional Offices, Bureaus, Services, and Attached Agencies, d) Escrow refers to a written instrument which by its term imports a legal obligation and which is deposited by the grantor, promisor, obligor, or his agent with a stranger or third party, to be kept by the depositary until the performance of a condition or the happening of a certain event, and then to be delivered over to the grantee, promise, or obligee.©) Gamishment refers to the directive to withhold and release any deposit or monetary interest belonging or owing to a losing party in the possession or control of a third person, bank, or any financial institution. f) Judgment refers to any award, decision, order, or resolution of the DOLE, Court of Appeals and Supreme Court. Levy refers to the act of taking possession, actual or constructive, by the Sheriff of any real/personal property or interest thereof belonging to the losing party sufficient to satisfy the judgment award. Officer refers to Secretary of Labor and Employment, Regional Director, Bureau Director, and Mediator-Arbiter, and heads of other attached agencies, as the case may be. 9 hj ji) Recognition refers to an acknowledgment of an act, circumstance, rank, or status i) Regularization refers to the process of recognition or confirmation of regular employment status of an employee. k) Reinstatement refers to the restoration of the employee to the position from which he/she has been unjustly removed, without loss of seniority rights, a situation under the same terms and conditions prevailing prior to his dismissal or separation, or, at the option of the employer, inclusion of the employee in the payroll. }) Sheriff refers to any public officer tasked with the service and enforcement of writs and processes. This term shall include a public officer designated as “Special Sheriff” by the Secretary of Labor and Employment. m) Sheriff's Bond tefers to the form of security conditioned among others, for the delivery or the payment to the government or to the persons entitled thereto of all properties, real or personal, that may officially come into his control and custody. n) Third-Party Claim refers to a claim whereby a person, not a party to the case, asserts title or right to the possession of the property levied upon. 9) Validation refers to the process of verifying the compliance of the losing party to the Order for regularization of workers. Writ of Execution refers to an order directing the Sheriff to enforce, implement, or satisfy the judgment which shall be effective for a period of five (5) years. P) RULE Il The Sheriff Section 1. Duties. - The Sheriff shall have the following duties and responsibilities, such as, but not limited to: a) Serve and enforce the writ of execution in accordance with this Manual in full satisfaction of the judgment; b) Submit an updated report on the status of execution every 30 days thereafter until full satisfaction of judgment or expiration of the writ; and©) Submit Sheriff's return upon satisfaction of judgment or expiration of the writ, whichever comes first. Section 2. Norm of Conduct. - The Sheriff's primary duty is to implement the writ of execution with utmost diligence. And, at all times, he/she must conduct himself/herself with honor, dignity, and fidelity. In the performance of official duty, the Sheriff shall, at all times, carry the official identification card and badge, and be in proper uniform prescribed by DOLE. He/she shall also bring the pertinent documents relative to the enforcement of the judgment covered by the writ. Section 3. Period of Service. - The Sheriff shall serve all writs and processes within ten (10) days from receipt of the same. Said period is extendible on meritorious cases. Section 4. Sheriff's Bond. — In cases where the service of execution involves the taking, holding or delivering of money or property in trust for the prevailing party, the Sheriff must be duly bonded. The bond of the Sheriff, as required by law, is conditioned among others, for the delivery or the payment to the government or to the persons entitled thereto of all properties, real or personal, that may officially come into his control and custody. Section 5. Designation/Appointment of Special Sheriff. - The Secretary of Labor and Employment, Philippine Overseas Employment Administration (POEA) Administrator, and Regional Director may appoint a Special Sheriff, whenever appropriate. Section 6. Sheriffs from the National Labor Relations Commission. — A Sheriff from the NLRC may also be requested to enforce the writ of execution. For this purpose, the NLRC Chairperson, upon request from the Officer who issued the writ of execution, shall designate a Sheriff to enforce the writ. RULE Ill The Writ of Execution Section 1. Effectivity of the Writ of Execution. — A writ of execution shall be effective for a period of five (5) years from the issuance thereof. Section 2. Execution Upon Final Judgment. — a) The Officer may, upon his/her initiative or upon motion of any interested party, issue a writ of execution on a judgment rendered within five (5) years from the date it became final and executory. b) A final and executory judgment may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced or revived by appropriate action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations,©) In appropriate cases, the Secretary of Labor and Employment or his/her duly authorized representative may request for assistance from the Philippine National Police or any law enforcement agency to assist in the enforcement of the judgment. Section 3. Issuance, Form, and Contents of a Writ of Execution. - The writ of execution shall: 1) be issued in the name of the Republic of the Philippines from the Department of Labor and Employment; 2) contain the dispositive portion of the judgment; and 3) require the Sheriff to enforce the writ as follows: a) If the judgment is for the payment of a sum of money, the writ shall be served by the Sheriff upon the losing party, his/her representative, 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/her real property; b) If the judgment is for regularization, reinstatement, or acceptance 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. Such party or person may be cited for contempt if he disobeys such judgment for the performance of any specific act or where non-compliance is due to inexcusable negligence. °) If the judgment is for the performance of specific acts by the losing party, his/her assignees, heirs or successors, the writ of execution shall be served by the Sheriff upon him/her or any other person required by law to obey the same. Such party or person may be cited for contempt if he disobeys such judgment for the performance of any specific act or where non-compliance is due to inexcusable negligence. In all cases, the writ of execution shall specify the execution fees and other dues. RULE IV Execution Section 1. Properties Exempt from Execution. - The following properties. shall be exempt from execution: a) The losing party's family home constituted in accordance with law and, in the absence thereof, the homestead in which he/she resides, and land necessarily used in connection therewith, subject to the limits fixed by law; b) Tools and instruments personally used by him/her in his/her trade, employment, or livelihood of a value not exceeding Fifty Thousand Pesos (Php&0,000.00); ©) Histher necessary clothing and articles for ordinary personal use, excluding jewelry, and that of his/her family;d) e) 9g h) 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; Provisions for individual or family use sufficient for three (3) months; The professional libraries of attorneys, judges, physicians, pharmacists, dentist, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding the amount fixed by law; So much of the earnings of the losing party for his/her personal services within the month, preceding the levy as necessary for the support of his/her family; All moneys, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance; and i) Other properties especially exempted by law. Section 2. Execution of Monetary Judgment. — a) Immediate payment on demand. - The Sheriff shall enforce the execution b) of a judgment for money by demanding from the losing party the immediate payment of the full amount stated in the writ of execution and all lawful fees as provided under Section 4 of Rule IX hereof. The losing party shall pay in cash or certified bank check payable to the Office issuing the writ, or any other form of payment acceptable to the prevailing party. In case of other forms of payment, the prevailing party shall execute a written consent to such payment. A pre-numbered acknowledgment receipt shall be issued by the Office upon receipt of the payment from the losing party. Al payments shall be made payable to the Office issuing the writ and deposited with the Cashier of the said Office. Any amount so deposited shall be released only upon order of the Officer. In the event that the losing party may not be able to pay directly to the Office issuing the writ, he/she may pay using certified bank check or manager's check only issued under the name of the issuing Office and give the same to the Sheriff who shall issue an acknowledgement or temporary receipt. The Sheriff shall immediately deposit the certified bank check or manager's check to the cashier upon his/her return to the office Gamishment of debts and credits. - The Sheriff may levy on debts due the losing party and other credits, including bank deposits, financial interests, royalties, commissions, and other personal property not capable of manual delivery in the possession or control of third parties. Garnishment is effected by serving a notice of garnishment and a copy of the judgment to the third party in possession or control of money, goods, chattels and/or any interest therein, belonging or owing to the losing party. The notice shall direct or require the garnishee to hold the same subject to further orders from the Office issuing the writ. If the garnished property°) consists of money deposited with a bank or third party, a Release Order shall be issued directing that the same be deposited with the Cashier. If a Sheriff of another office is deputized to execute the writ, the Order shall be signed by the Head of Office where the Sheriff is stationed and the proceeds thereof shall be deposited with the cashier of the said Office, which in turn shall deposit the proceeds to the Office which issued the writ of execution. The garnishment shall cover only such amount that will satisfy the judgment and the lawful fees. Satisfaction by distraint or levy. — If the losing party cannot pay all or part of the obligation in cash or other mode of payment acceptable to the prevailing party, the Sheriff shall levy upon the properties, real and Personal, of the losing party, not exempt from execution. The losing party may choose which property of the same value may be levied upon to satisfy the judgment. If the losing party does not immediately exercise the option, the Sheriff shall first levy on the other personal properties, if any, and then on the real properties if the other personal properties are insufficient to answer for the judgment. The Sheriff shall sell to the highest bidder, at a public auction, only so much of the levied personal or real properties which are sufficient to satisfy the judgment or award and the lawful fees. The proceeds shall be deposited with the Cashier of the issuing Office. Any excess in the proceeds of the sale shall be released to the losing party or parties who own the property sold unless otherwise directed by the judgment or order. Real property, shares of stocks, debts, credits, and other personal Property, or any interest in either real or personal property, may be distraint or levied upon in like manner and with like effect as under a writ of attachment. Section 3. Voluntary Satisfaction of Monetary Judgment. - Any voluntary tender of payment by the losing party shall be effected by depositing the same with the Cashier of the Office which issued the writ, and shall be released only upon order of the Officer. Payment may also be given directly to the prevailing party provided that the same is done in the presence of the Officer or any of his/her duly authorized representatives. Section 4. Execution in Case of Death of Party. - Where a party dies after the finality of the judgment or upon entry of judgment, execution may be enforced in the following cases: a) In case of death of the prevailing party, upon the Sheriff's receipt of an order granting the verified motion for substitution of party by the heirs, successors-in-interest, executor, or administrator;b) In case of death of the losing party, the Sheriff shall provide the prevailing party with the documents needed in filing a claim against the estate of the losing party. ©) _ In case of death of the losing party after execution and actual levy upon any of his property, the same may be sold for the satisfaction thereof, and the Sheriff making the sale shall account to his/her heirs, successors-in- interest, executor or administrator for any surplus in his hands. Section. 5. Execution in Case of Closure, Merger or Consolidation of Establishment — In case the losing party is a juridical entity/person and the same has been closed, merged, or consolidated with another establishment, the prevailing party shall file his/her claim before the appropriate forum The Sheriff shall validate the closure, merger or consolidation of the said entity/person subject of the writ and report the same to the Office which issued the writ of execution Section 6. Execution of Non-Monetary Judgment. - If the judgment is for reinstatement, or acceptance of any person to any position, office or employment, or for specific performance, the Sheriff shall serve the writ with a certified copy of the judgment, upon the losing party or any other person required by law to obey the same. If he/she disobeys the writ, the losing party may be cited for contempt in accordance to Section 6 of Rule IX. Section 7. Enforcement of Order of Regularization — If the judgment is for regularization of workers, the Sheriff shall serve the writ with a certified copy of the judgment upon the losing party or any other person required by law to obey the same. The writ shall only be deemed satisfied upon performance of any of the following acts by the losing party subject to validation: a) Inclusion in the payroll of declared regularized workers; b) Execution of appointment documents or certificate of employment in favor of the regularized workers; or ©) Presentation of proof of enrollment or payment of social benefits of the regularized workers. The losing party shall submit the proofs of regularization to the Sheriff for validation. In case the losing party disobeys the writ, he/she may be cited for indirect contempt as defined herein. In case the compliance order involves a directive to regularize workers, the employment of the latter shall not be terminated pending appeal of such order except for just or authorized cause. Any termination of workers pending appeal shall render the compliance order involving the regularization of workers executory.RULEV Levy Section 1. Levy on Personal Property. - To constitute a valid levy on personal property, the Sheriff must take possession and control of the same in the following manner: a) Personal property capable of manual delivery, by taking and safely b) ©) d) e) keeping it in his/her capacity as Sheriff after issuing the corresponding receipt: Shares of stocks, or an interest in stocks or shares in any corporation or company, by leaving to the president, treasurer, managing agent or other responsible officer a copy of the judgment and the notice stating that the stock or interest of the party against whom the levy is levied; Debts, credits, and/or other personal properties not capable of manual delivery, by leaving a copy of the judgment and the notice of levy to the debtor, his/her agent, or person in possession or control of such debts, credits and/or other personal properties. The levied interest of the losing party whether as heir, legatee, or devisee, by serving upon the executor, administrator, or other personal representative of the decedent a copy of the judgment and the notice that said interest is levied. A copy of judgment and the notice shall also be filed with the Office of the Clerk of Court where the said estate is being settled and served upon the heir, legatee, or devisee concerned. If the property sought to be levied is under the custody with the court, a copy of the judgment and the notice of levy shall be filed to the proper court. Also, the notice of levy shall be served upon the custodian of such property Section 2. 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, at the time of service upon them of a copy of the judgment and notice, shall be liable to the prevailing party for the amount of such credit, debt, or other property, until the levy is discharged, or judgment is satisfied, unless such property is delivered or transferred, or such debts are paid to the prevailing party or the duly designated officer of the Office which issued the writ. Section 3. Levy on Real Property. — Real property or any interest therein shall be levied in the following manner: a) Real property, or growing crops thereon, appearing on the records of the register of deeds in the name of the party against whom levy is issued, by filing with the register of deeds a copy of the judgment and a notice that the property is levied upon. 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 line 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. b) Real property, or growing crops thereon or any interest therein, belonging to the party against whom the levy was issued, but held by another person or appearing to be in the name of another person on the records of the Tegister of deeds, by filing with the register of deeds the following: 1) a copy of the judgment; 2) a description of the property; and 3) a notice that such real property and any interest therein held by or appearing in the name of such other person are levied. Copies of the judgment, description and notice shall likewise be furnished to the occupant of the property, if any, and with such other persons, or his/her agents or at the residence of either, if found within the province or city. 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 the levies filed 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 appears on the records. 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 time of the levy, subject to existing liens and encumbrances. Section §. Issuance of Break Open Order. — If the losing party, his/her agent or representative unduly refuses or prohibits the Sheriff or his/her authorized representative from entering the place where the property subject of execution is located or kept, the prevailing party may apply for a Break Open Order with the Officer who issued the writ. The Officer shall issue a Break Open Order addressed to the Sheriff which is immediately executory after written affirmation by the prevailing party or the Sheriff of such undue refusal or prohibition. The Sheriff may seek the assistance of the law enforcers in implementing the Break Open Order. RULE VI Third-Party Claim Section 1. Proceedings. — A third-party claim shall be filed within ten (10) days from the last day of posting or publication of the notice of execution sale in a newspaper of general circulation. The third-party claimant shall execute an affidavit stating his/her title to the property or right to possession thereof with supporting evidence, shall post a cash or surety bond equivalent to the amount of his/her claim and shall file the same with the Sheriff and the Officer who issued the writ of execution copy furnished the prevailing party. Upon receipt of third-party claim, all proceedings with respect to the execution of the property subject of the third-party claim shall be suspended. The Officer who issued the writ shall require the third-party claimant to adduce additional evidence in support of his/her third-party claim and shall conduct a hearing with dueNotice to all the parties concerned. The Officer shall resolve the validity of the claim within ten (10) working days from submission of the issue for resolution. However, should the prevailing party post a supersedeas bond in an amount equivalent to that posted by the third-party claimant or in an amount not less than the value of the property levied, the execution shall proceed. Section 2. 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 or his/her 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 was filed. Section 3. Decisions on Third-Party Claims, Final and Executory. — Decisions on the third-party claims of the Office of the Secretary of Labor and Employment, Regional Director, Bureau Director, Mediator-Arbiter, and heads of attached agencies, as the case may be, in the exercise of their original jurisdiction, are final and executory unless restrained by the appropriate court. RULE Vil 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. a) In case of perishable property, by posting a written notice of the time and place of the sale in three (3) conspicuous public places in the municipality or city where the sale is to take place for such time as the Sheriff may deem reasonable, giving due consideration to the nature and condition of the property; In case of other personal property, by posting a similar notice in three (3) conspicuous public places in the municipality or city where the sale is to take place, for not less than five (5) days nor more than ten (10) days; b) °) In case of real property, by posting for twenty (20) days a notice in three (3) conspicuous public places in the municipality or city where the property is situated, particularly describing the property and stating where the property is to be sold. If the assessed value of the property exceeds Fifty Thousand Pesos (Php50,000.00), by publishing a copy of the notice ‘once a week for two (2) consecutive weeks in a newspaper of general circulation in the province or city where the real property is situated chargeable from the Sheriff's Fees or trust fund, if applicable; d) e) In all cases, written notice of the sale shall be given to the losing party; An affidavit of posting shall be executed by the Sheriff who effected such posting, stating among others the date, time, and place of the written notice. In cases where publication is required, an affidavit of publicationshall be executed by the Editor-in-Chief of the newspaper, stating among others the date of publication and name of the newspaper. f) Any Sheriff who violates the notice requirement shall pay the sum of Five Thousand Pesos (Php5,000.00) to any injured party without prejudice to the filing of criminal, civil, and administrative case by the injured party. Any person who, before the sale, willfully removes or defaces the notice posted shall pay Five Thousand Pesos (Php5,000.00) to any person injured by reason thereof, in addition to actual damages that may be recovered in a proper action. An execution sale without the required notice of sale is null and void and shall vest no title upon the purchaser. Section 2. No Sale if Judgment and Cost Paid. - At any time before the sale of property on execution, the losing party may prevent the sale by paying the full amount required by the execution and the costs thereof. 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 (8) in the morning and three (3) in the afternoon. Only sufficient property shall be sold to satisfy the judgment and the costs of execution. Real property consisting of several known lots shall be sold separately. When a portion of such real property is claimed by a third person, the third party may demand that it be sold separately. Personal property capable of manual delivery shall be sold within the 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 choose the order in which the property shall be sold when such property consists of several known lots or parcels. The Sheriff holding the execution, or any of his/her relatives within the fourth degree of consanguinity or affinity cannot become a purchaser and be interested, directly or indirectly, in any purchase at such sale. Section 4. Payment by a Winning Bidder. — Immediately after the winning bidder has been declared as such, he/she shall pay in full the amount bid by him/her in cash or manager's or cashier's check only. Section 5. Refusal/Failure of Purchaser to Pay. — If a purchaser refuses to pay his/her bid at the sale under execution, the Sheriff may again sell the property to the highest bidder and he/she shall not be responsible for any loss occasioned thereby. The Office who issued the writ of execution may order the refusing purchaser to pay the amount of such loss with costs and may cite him/her for contempt. The amount of such payment shall be for the benefit of the person entitled to the proceeds of the execution sale, 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Section 6. Prevailing Party as Purchaser. - When the purchaser is the prevailing party, and no third-party claim has been filed, he/she need not pay the amount of the bid if it does not exceed the amount of the judgment. If it does, he/she shall pay only the excess. In case the purchaser is one of the judgment awardees, it must be put in writing as to what capacity he/she is buying the property. The Sheriff shall disqualify a bidder for failure to prove such capacity. Section 7. Adjournment of Sale. - The Sheriff 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. The Sheriff may also adjourn any sale on execution to any date agreed upon in writing by the parties. Section 8. 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 execute a Certificate of Sale. The sale conveys to the purchaser all the rights the losing party had in such property from the day of its levy. Section 9. 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. The sale conveys to the purchaser all the rights the losing party had in such property from the day of its levy. Section 10. Conveyance of Real Property. Certificate thereof given to Purchaser and Filed with the Register of Deeds. - Upon sale of real property, the Sheriff shall give to the purchaser a Certificate of Sale containing: a) The particular description of the property sold; b) The price paid for each distinct lot or parcel; c) The whole price paid by himvher, and d) A statement that the right of redemption expires one (1) year from the date of the registration of the Certificate of Sale. A duplicate of such certificate shall be filed by the purchaser in the Office of the Register of Deeds of the province or city where the property is situated Section 11. Issuance of Certificate of Sale when Claimed by a Third Party. - When the 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 Sections 8, 9, and 10 of this Rule shall indicate therein the fact of such third-party claim. Section 12. Redemption of Real Property Sold; Who may Redeem. - As provided in the last preceding section, the real property sold or any part thereof sold separately may be redeemed in a manner hereinafter provided by the following parties/persons: a) The losing party, or his/her successor in interest, in whole or any part of the property; or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. Section 13. Time and Manner of, and Amounts Payable on, Successive Redemptions; Notice to be Given and Filed. - The losing party or redemptioner may redeem the real property from the purchaser at any time within one (1) year after the registration of the Certificate of Sale. The losing party or redemptioner shall pay the purchaser the amount of his/her purchase plus one percent (1%) monthly interest and any other assessments or taxes which the purchaser may have paid thereon after purchase. If the purchaser is a creditor who has a prior lien to that of the redemptioner other than the judgment under which such purchase was made, he/she shall pay the purchase amount plus one percent (1%) monthly interest and any other assessments or taxes paid after purchase in addition to the amount of such other lien with interest. The property may be redeemed from any previous redemptioner within sixty (60) days after the last redemption, by paying the sum paid plus two percent (2%) and the amount of any assessments of taxes which the previous redemptioner paid, including interest. The amount of any lien held by the last redemptioner prior to his/her own, with interest, shall also be paid. 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. If any assessments or taxes are paid by the redemptioner or if he/she 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 is not filed, the property may be redeemed without paying such assessments, taxes or liens. Section 14. 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/she shall make payments as required to effect a redemption by a redemptioner. In such case, the effect of the sale is terminated and he/she is restored to his/her estate. The person to whom the payment is made shall execute and deliver to him/her a Certificate of Redemption acknowledged 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 where the property is situated. The payments mentioned in this and the last preceding sections may be made directly to the purchaser or redemptioner, or through the Office which issued the writ. Section 15. Proof required of Redemptioner. — A redemptioner must produce to the Officer, or person from whom he seeks to redeem, a copy of the following:a) A certified true copy of the judgment or final order under which he/she claims the right to redeem; b) Memorandum of the record, if he/she redeems upon a mortgage or other lien, certified by the Registrar of Deeds; ©) Original or certified copy of any assignment necessary to establish his/her claim; and d) An affidavit by the redemptioner or his/her agent stating the amount then actually due on the lien. Section 16. Deed and Possession to be Given at Expiration of Redemption Period. By Whom Executed or Given. — If no redemption is made within one (1) year after the registration of the Certificate of Sale, the purchaser or his/her assignee is entitled to a conveyance and possession of the property. If so redeemed, the last redemptioner or his/her assignee is entitled to the conveyance and possession whenever sixty (60) days have lapsed and no other redemption is made and no notice thereof is given; and the time of redemption has expired. In all cases, the losing party shall have the period of one (1) year from the date of registration of the Certificate of Sale to redeem the property. The deed shall be executed by the Sheriff making the sale or by his/her successor in office. In the latter case, the deed 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 the deed, the purchaser or redemptioner, or his/her assignee, shall be substituted to and acquire all the rights, 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 or by his/her successor in office, unless a third party is actually holding the property adversely to the losing party. Section 17. Recovery of Price if Sale not Effective, Revival of Judgment. ~The purchaser may, in a proper action, recover from the prevailing party the price paid, with interest, or so much thereof as have not been delivered to the losing party; or he/she may, on motion after notice, have the original judgment revived in his/her name for the whole price with interest, or so much thereof as have been delivered to the losing party if any of the following is present: If the purchaser of real property which was sold on execution, or his/her successor in interest fails to recover the possession; b If the purchaser is evicted, in consequence of irregularities in the proceedings concerning the sale; 9) In the event that the judgment has been reversed or set aside; 4) Inthe event that the property sold was exempt from execution or; 14e) Inthe event that a third party has vindicated his/her claim to the property. The judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival. RULE Vill Sheriff's Return Section 1. Sheriff's Report. - The Sheriff shall submit a report updating the Officer who issued the writ of execution on the status of the enforcement not later than thirty (30) days from receipt of the writ, and every 5" day of the month thereafter until full satisfaction of the judgment award or expiration of the writ of execution, whichever comes first. In case of partial satisfaction of judgment, the report shall reflect the amount collected and the remaining balance of the judgment award. The prevailing party must be furnished with a copy of the Sheriff's Report Section 2. Return of Writ of Execution. - The writ of execution shall be made returnable to the Officer who issued within ten (10) days after the full ‘satisfaction of the judgment award or after the expiration of five (5) years from the date of entry of judgment or issuance of a certificate of finality. The Sheriff shall set forth in writing the whole proceedings and file it with the Officer to form part of the records of the case. Section 3. Revival of Judgment. - In the event that judgment is retumed unsatisfied, either wholly or partially, after the expiration of the five (5)-year period, the Sheriff shall no longer execute the judgment unless a motion for the revival of judgment is filed. Section 4. Disciplinary Measure. — Unjustified failure of the Sheriff to submit a report or make the return within the stated period shall be dealt with in the manner prescribed under the 2017 Rules on Administrative Cases in the Civil Service and relevant internal rules of the Department of Labor and Employment. Section 5. Control and Supervision Over the Sheriff. — The Officer who issued the writ shall have full control and supervision over the Sheriff assigned to enforce the judgment. The Sheriff shall make his/her return to the Officer with a copy thereof furnished to his/her immediate superior or head of office. RULE IX Miscellaneous Provisions Section 4. Hours and Days When Writ Shall be Served. - The writ of execution shall be served at any reasonable time of the business day, except Saturdays, Sundays, and Holidays. If the nature of the losing party's business requires the implementation of the same beyond the period provided herein, awritten authorization must be secured by the Sheriff from the Officer who issued the writ. Section 2. Assignment of Writs of Execution. - The Officer or his/her duly authorized representative shall assign the writs of execution by raffle. Section 3. Storing the 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 Officer with notice to the losing party or third-party claimant. The same shall be referred to the Officer who issued the writ of execution for proper disposition. For this purpose, the Sheriff should inform the Officer regarding the corresponding storage fees, furnishing him/her as well as the parties with a copy of the inventory. All expenses relative to the execution shall be charged to the losing party. Section 4. Cash Advance and Execution Fees. ~ At the beginning of the month, the Sheriffs shall be provided with cash advance to be determined by the Officer for the necessary expenses which shall be liquidated at the end of the month, with a statement of expenses and itinerary of travel duly approved by the Secretary of Labor and Employment, or head of Office which issued the writ. Said cash advance may be increased, taking into account the actual expenses of the Sherifis and the bulk of the cases being handled by them. For this purpose, the Sheriffs accounting of said cash advance shall be attached in his monthly report to the Officer. Where the enforcement of the writ of execution is to be performed by a special Sheriff, the total amount of the expenses incurred for the execution shall only be subject to reimbursement from the Office issuing the writ, in accordance with the government accounting and auditing rules. The Sheriff shall collect the following execution fees from the losing party: 1) For awards less than Php5,000.00 - Php200.00 2) Php5,000.00 or more but less than - Php400.00 Php20,000.00 3) Php20,000.00 or more but less than - Php600.00 Php50,000.00 4) Php50,000.00 or more but less than — - Php800.00 Php100,000.00 5) Php100,000.00 or more but not - Php1,000.00 exceeding Php150,000.00 6) For awards exceeding Php150,000.00 - Php1,000.00 plus Php10.00 for every Php1,000.00 in excess of Php150,000.00 The execution fees shall be deposited to a trust fund of the Office issuing the writ which shall be used exclusively for carrying out the functions of the Sheriffs. 16Section 5. Execution of Judgment in Certain Areas. — Whenever practicable, in areas or offices with no assigned Sheriff, the Secretary of Labor and Employment may designate any employee of the Department to serve and/or execute notices or orders issued by the Office concemed. The designated Sheriff shall make his/her report to the Officer who issued the writ within thirty (30) days from receipt thereof. . Section 6. Contempt. - Any person guilty of disobedience of, resistance to a lawful writ, process, order, or judgment, or any unlawful interference with the process or proceedings, improper conduct tending, directly or indirectly to impede, obstruct, or degrade the administration of justice shall be dealt with in the manner prescribed under Rule 71 of the Revised Rules of Court. Section 7. Legal Assistance to Sheriffs. - The Mediation Arbitration and Legal Services Unit (MALSU) or any legal officer of the Office which issued the writ of execution shall provide appropriate technical and legal assistance to the Sheriff. RULE X Transitory and Final Provisions Section 1. Repealing Clause. - All guidelines, rules and regulations, orders and other issuances inconsistent herewith are repealed or modified accordingly. Section 2. Retroactivity Clause. - This Manual shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights. Section 3. Effectivity. - This Manual shall take effect fifteen (15) days after its publication in a newspaper of general circulation. Manila, Philippines, 95 0CT 28 Secretary Dept of Labor & Employment wi ai