17) Industrial mgmt. International vs NLRC, GR No.

101723
Doctrine: A solidary obligation is one in which each debtor is liable for the
entire obligation, while a joint obligation means each obligor answers only
for a part of the whole liability. Solidary liability cannot be inferred lightly
and there must be an express provision or requirement for it.
Case Title: Industrial mgmt. International vs NLRC, GR No. 101723
Facts: Private respondents filed a complaint against Filipinas Carbon
Mining Corporation, Gerardo Sicat, Antonio Gonzales, Chiu Chin Gin, Lo
Kuan Chin, and petitioner Industrial Management Development Corporation
(INIMACO) for payment of separation pay and unpaid wages. The labor
arbiter decided in favor of the private respondents and ordered payment of
their claims. The decision became final and executory. The labor arbiter
issued a writ of execution, but it was returned unsatisfied. An alias writ of
execution was then issued. Petitioner moved to quash the alias writ of
execution, alleging that it altered the tenor of the decision by changing the
liability of the respondents from joint to solidary. The Labor Arbiter denied
the motion. Petitioner appealed to the NLRC, but the appeal was
dismissed. Petitioner filed the instant case, alleging that the NLRC
committed grave abuse of discretion in affirming the order of the labor
arbiter, which declared the liability of petitioner to be solidary.
Issue/s: Whether petitioner's liability pursuant to the decision of the labor
arbiter is solidary or not.
Held: A solidary obligation is one in which each debtor is liable for the
entire obligation, while a joint obligation means each obligor answers only
for a part of the whole liability. Solidary liability cannot be inferred lightly
and there must be an express provision or requirement for it. In this case,
the word "solidary" does not appear in the dispositive portion of the labor
arbiter's decision. It is already a well-settled doctrine that when a judgment
does not provide for joint and several liability, none of the defendants may
be compelled to satisfy the judgment in full. Once a decision becomes final
and executory, it is removed from the power of the court to alter or amend
it. Any amendment or alteration that substantially affects a final and
executory judgment is null and void for lack of jurisdiction. An order of
execution that varies the tenor of the judgment is also a nullity.
WHEREFORE, the petition is hereby GRANTED. The Resolution dated
September 4, 1991 of the respondent National Labor Relations is hereby
declared NULL and VOID. The liability of the respondents in RAB-VII-0711-
84 pursuant to the Decision of the Labor Arbiter dated March 10, 1987
should be, as it is hereby, considered joint and petitioner's payment which
has been accepted considered as full satisfaction of its liability, without
prejudice to the enforcement of the award, against the other five (5)
respondents in the said case.
SO ORDERED.