Question & AnswerQ&A (MANUAL OF INSTRUCTIONS FOR SHERIFFS OF THE NLRC)
The Manual is titled 'Manual of Instructions for Sheriffs of the National Labor Relations Commission.'
It shall be construed in a manner that attains just, expeditious, and inexpensive execution of the judgments of the NLRC or Labor Arbiters, Philippine Overseas Employment Administration, and the Supreme Court in proper cases.
The sheriff is a public officer who exercises duties and functions within the limits of his authority and jurisdiction as defined by law.
The sheriff serves all writs, executes processes, and carries into effect all decisions, orders, or awards issued by the NLRC, Labor Arbiters, Philippine Overseas Employment Administration, and the Supreme Court in proper cases.
Only bonded sheriffs may serve writs of execution involving taking, holding, or delivering money or property in trust for the prevailing party.
The writ of execution is valid only for 60 days from receipt by the sheriff or proper officer.
Exempt properties include the losing party's family home, necessary clothing, household furniture and utensils up to a specified value, provisions sufficient for 3 months, professional libraries up to a value fixed by law, earnings necessary for family support, insurance benefits, tools for trade up to ₱3,000, and other properties specially exempted by law.
A valid levy on personal property requires the sheriff to take possession and control, either by physically taking possession or by serving appropriate notices in cases involving stocks, debts, or interests in decedent's estate.
Garnishment is the levy of money, goods, chattels, or interests therein belonging or owing to the losing party but in the possession or control of a third party, effected by serving notice to the third party to hold such property subject to writ orders.
The claimant must file an affidavit stating their title or right, serve copies to involved parties, and then execution is suspended pending a hearing. The Labor Arbiter resolves the claim within 10 working days; the decision is appealable. Execution may proceed if the prevailing party posts an indemnity bond equal to the property's value.
Notice must describe the property, location, date, time, place, and terms. It must be posted in three public places for specific durations depending on property type. For real property valued over ₱50,000, the notice must also be published twice in a local newspaper. Written notice must also be given to the losing party.
The sheriff may resell the property to the highest bidder; the original buyer may be ordered by the Labor Arbiter to pay losses and costs and may be punished for contempt if disobedient.
The losing party or a creditor with a lien subsequent to the judgment may redeem within 12 months from registration of sale by paying the purchase price plus 1% interest per month and other applicable taxes or liens.
The sheriff must make a written return of the whole proceedings on the writ's back and file it with the Labor Arbiter or proper officer within 10 to 60 days. Failure to comply results in a fine or suspension.
No, the sheriff must not accept or receive any deposit in trust conditioned on execution being postponed pending Supreme Court appeal.