Title
Co Tuan vs. National Labor Relations Commission
Case
G.R. No. 117232
Decision Date
Apr 22, 1998
Labor case involving disputed property ownership; NLRC ruled incompetent to determine sale validity; Supreme Court reversed, emphasizing judicial jurisdiction over third-party claims.

Case Summary (G.R. No. L-19450)

Factual Background

On August 31, 1987, Labor Arbiter Dominador M. Cruz rendered judgment in favor of CLUP against Buda Enterprises in a complaint for unfair labor practice, illegal dismissal, and various monetary claims. The Labor Arbiter ordered Buda Enterprises to reinstate the individual complainants and to pay their full backwages from dismissal to actual reinstatement. The decision became final and executory, and a writ of execution was issued. Five parcels of land, covered by Transfer Certificates of Title identified as T-154200, T-154201, T-154201, T-154203, and T-154204, were levied upon. Although the levied properties were allegedly Buda Enterprises’ properties, the titles were later found to be registered in the names of petitioners Co Tuan, Samuel D. Ang, Jorge D. Lim, and Edwin Gotamco.

Upon learning of the levy, the petitioners filed an Urgent Motion to Quash the Writ of Execution on January 21, 1988. They asserted that they held valid title based on an Extra-judicial Settlement and Sale of the Estate of the Deceased Edilberto Soriano, executed on August 25, 1987 by the heirs of Edilberto Soriano, one of whom was Lourdes Soriano, identified as the proprietress and manager of Buda Enterprises. The petitioners further alleged that none of the heirs, except Lourdes Soriano, were parties in the labor case.

Procedural History in the NLRC

The Labor Arbiter granted the motion to quash. CLUP appealed to the NLRC and asked that the Labor Arbiter be directed to implead the petitioners and to declare the sale between petitioners and Buda Enterprises void. Petitioners likewise appealed, seeking restitution or payment of the value of their properties.

On May 31, 1991, the NLRC directed the Labor Arbiter to implead the petitioners and to hold a hearing to determine whether the sale had been made to avoid the payment of CLUP’s claims and to determine the legality of related incidents. The case was assigned to Labor Arbiter Numeriano Villena, who decided on June 25, 1992 that his office was incompetent to determine whether fraud tainted the questioned sale. CLUP appealed again, contending that the Labor Arbiter gravely abused discretion in disregarding the NLRC’s directives to implead the petitioners and conduct a hearing.

On appeal, the NLRC ruled that the Labor Arbiter erred in not impleading the petitioners in light of allegations that Buda Enterprises had promised to pay CLUP’s claims from the sale proceeds—an implication that the sale was consummated to evade fulfillment of lawful claims. The NLRC reiterated that if such allegations were proven, payment could only be made by using the sale proceeds, which would require impleading the claimants and conducting the hearing.

Issues Raised by the Petitioners

The petitioners filed the present special civil action for Certiorari and Prohibition with Preliminary Injunction, arguing that the NLRC acted with grave abuse of discretion when it ruled on its authority to determine the validity of the sale between petitioners and Buda Enterprises and to determine whether fraud vitiated the sale to evade labor claims. They relied on Asian Footwear, etc. versus Antonio Soriano, Hon. Benigno L. Vivar, Executive Labor Arbiter, et al. (G.R. Nos. 711695-703, May 20, 1986), where the Court held that if there was suspicion that the sale was not in good faith and was made in fraud of creditors, a government functionary such as a labor arbiter was incompetent to make the determination because the task was judicial and the proceedings must be adversary.

Petitioners also contended that, as there was a third-party claim over the levied properties, the NLRC could not mandate enforcement of the writ of execution because NLRC’s power extends only to properties unquestionably belonging to the judgment debtor. They cited Hon. Ariel Santos versus Hon. William Bayhon (G.R. No. 88643, July 23, 1991) in support.

Position of the Private Respondent and the Solicitor General

CLUP supported the NLRC’s action. It pointed to Section 2, Rule VI of the NLRC Manual of Instructions for Sheriffs, which provides that when levied property is claimed by someone other than the losing party, the third-party claimant must file an affidavit with grounds of title; then proceedings with respect to the execution of the property automatically suspend, and the Labor Arbiter or proper officer shall conduct a hearing with due notice and resolve the validity of the claim, with decisions appealable to the NLRC.

CLUP also argued that petitioners were estopped from questioning NLRC’s jurisdiction after filing an earlier Motion to Quash that had invoked the NLRC’s authority over the execution proceedings.

For its part, the NLRC opposed the petition on the ground that it was premature, asserting that a plain, speedy, and adequate remedy existed in the ordinary course of law, such as a motion for reconsideration of the assailed decision. The Solicitor General, through a manifestation and motion filed in lieu of a comment, agreed that the NLRC erred in ordering a hearing to prove a supposed commitment by Buda Enterprises to pay employees’ claims out of the sale proceeds. It was noted that such a commitment could not bind petitioners because they were not parties to the alleged commitment.

Ruling on Authority to Determine Fraudulent Conveyance and Title

The Court granted the petition. It held that the question of authority was not novel and was already addressed in Asian Footwear vs. Soriano (G.R. Nos. 711695-703, May 20, 1986). In that earlier case, the Court had ruled that when there was suspicion that a debtor’s sale of properties was not in good faith—specifically, if it was made in fraud of creditors—a government functionary like a labor arbiter was incompetent to determine the matter. The Court emphasized that the task was judicial and the proceedings must be adversary, not summary.

The Court addressed the private respondent’s reliance on Section 2, Rule VI of the NLRC Manual of Instructions for Sheriffs. It acknowledged that a cursory reading of the rule could appear inconsistent with Asian Footwear. However, the Court explained that the rule prescribes the procedure for the sheriff (or comparable officer of the Commission) when levied property is claimed by a person other than the losing party and when the third-party claimant chooses to file a claim with the Labor Arbiter or the NLRC. The Court reasoned that the rule did not limit the third-party claimant’s other remedies or proceedings to that limited context.

The Court also examined Section 17, Rule 39 of the Revised Rules of Court, noting that it limits its scope to whether or not the sheriff acted correctly in enforcing the writ of execution. The Court further held that the Court does not and cannot decide title to the property with finality in the execution incident where a third-party claim is presented. Instead, the rights of the third-party claimant over the levied properties must be resolved in the separate action instituted by the claimant, guided by the principle reflected in cases such as Ong vs. Tating (149 SCRA 267) and other cited decisions (Bayer vs. Agana, Palaris vs. Plan, Lorenzana vs. Cayetano, and Roque vs. CA).

In addition, the Court reiterated the longstanding doctrine that the power of a court or the NLRC to execute its judgment extends only to properties unquestionably belonging to the judgment debtor. It cited Santos vs. Bayhon (199 SCRA 525), Special Servicing Co. vs. Centro La Paz (121 SCRA 748), and New Owners/Management of TML Garments Inc. vs. Zaragosa (170 SCRA 563). Hence, if the property under levy does not belong to the judgment debtor in the NLRC case, the sheriff could not validly levy it for satisfaction of the judgment.

Application to the Case at Bench

The Court applied these principles to the case at bench. It observed, assuming arguendo that Buda Enterprises promised to pay CLUP’s claims from the proceeds of the sale, that the sale transaction between the heirs of Edilberto Soriano and petitioners was distinct from the labor dispute and the employees’ claims. The Court noted that, as shown by a public document, the sale was executed between the heirs of Edilberto Soriano and the petitioners, and that none of those heirs were parties to the labor case except Lourdes Soriano, the proprietress and manager of Buda Enterprises.

The Court emphasized that the resolution of issues of fraud and the validity of transfers that may be invoked to defeat execution are judicial matters requiring adversary proceedings, and they could not be determined by the NLRC in the execution incident in the manner it had ordered. The Cour

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