PAQUITO V.
ANDO, petitioner in their personal capacity and thus
v the execution should not prosper.
ANDRESITO Y. CAMPO, ET AL.,
respondents
FACTS:
- Paquito Ando (petitioner) was the
president of Premier Allied and
Contracting Services, Inc. (PACSI),
an independent labor contractor.
- Respondents, hired as pilers or
haulers, were dismissed from
employment. Consequently, they
filed a case for illegal dismissal.
- The Labor Arbiter ruled in
respondents’ favor.
- PACSI and Ando were directed to
pay for separation pay and other
fees.
- PACSI and Ando appealed to NLRC,
which affirmed the Labor Arbiter’s
decision.
- The NLRC acting sheriff issued a
Notice of Sale on Execution of
Personal Property over a property in
the name of “Paquito V. Ando xxx
married to Erlinda S. Ando.”
- Ando files an action for prohibition
and claims that the property
belonged to him and his wife, not the
corporation, and hence, could not be
the subject of the execution sale.
- RTC denied the prayer for TRO and
directed him to file a claim with the
NLRC Sheriff.
- Instead, Ando filed a petition for
certiorari before the CA.
- Ando argued that the property to be
levied belonged to him and his wife
- It was likewise denied. Hence, the
petition.
ISSUES:
- W/N the subject property can be
levied for reason of a debt incurred
by him, in his company, PACSI.
RULING:
- The petition is meritorious.
- The power of the NLRC to execute
its judgment extends only to
properties unquestionably belonging
to the judgment debtor alone.
- Thus, a sheriff has no authority to
attach the property of any person
except that of the judgment debtor.
- The property in question belongs not
only to Ando, but his wife as well.
- She stands to lose the property
subject to execution without ever
being a party to the case – which is
tantamount to deprivation of
property without due process.
- By Section 16, Rule 39 of the Rules
of Court, the officer shall not be
bound to keep the property since
there is a third-party claim on the
property, which is the wife subject to
her conjugal property.
- WHEREFORE, the petition is
GRANTED.