QuestionsQuestions (MANUAL OF INSTRUCTIONS FOR SHERIFFS OF THE NLRC)
It is adopted pursuant to Article 218(a) of the Labor Code, as amended, in relation to Section 4, Rule XI of the Revised Rules of the NLRC.
To attain a just, expeditious, and inexpensive execution of judgments or awards of the NLRC or its Labor Arbiters, POEA, and the Supreme Court in proper cases.
Pertinent provisions of the Revised Rules of Court and prevailing jurisprudence may be applied by analogy or in a suppletory character and effect, when practicable and convenient.
A sheriff is a public officer who exercises duties and functions within the limits of his authority and jurisdiction as defined by law.
He serves all writs, executes all processes, and carries into effect decisions, orders, or awards of the NLRC/Labor Arbiters, POEA, and the Supreme Court in proper cases.
Only bonded sheriffs may serve writs involving taking, holding, or delivering of money or property in trust for the prevailing party. The bond is conditioned on delivery or payment to the Government or persons entitled of all property or money that may come into the sheriff’s control and custody.
A writ of execution is valid only for sixty (60) days from receipt thereof by the sheriff or other proper officer.
It must contain the dispositive portion of the decision/order/award sought to be executed and must require the sheriff to execute it as follows: if for payment of a sum of money, serve it upon the losing party (or persons required by law to obey) and satisfy the judgment first out of personal property, and if none is sufficient, then out of real property.
For reinstatement, the writ must be served upon the losing party (or other persons required by law to obey). The losing party may be punished for contempt if he disobeys.
Only properties of the losing party are subject to execution, except those exempted by law.
Examples include: (1) the family home/homestead within legal limits; (2) necessary clothing for the losing party and family; (3) necessary household furniture and utensils for housekeeping up to the legal value limit; (4) provisions sufficient for three (3) months; (5) professional libraries of specified professionals up to the legal amount; (6) so much of monthly earnings as necessary for family support; (7) life insurance proceeds/benefits/annuity monies; (8) tools and instruments up to P3,000; and (9) other properties especially exempted by law.
Levy is the act of taking possession and control of sufficient property to satisfy the judgment. A sale not preceded by a valid levy is void and the purchaser acquires no title.
By serving a notice of garnishment on the third party (garnishee) directing/requiring him to hold the money/goods/chattels or interest subject to further orders. If the garnished property is money deposited with a bank or third party, the Labor Arbiter orders release only to the NLRC/POEA cashier as the case may be.
The third party files an affidavit asserting title/right to possession, copies are served on the Labor Arbiter issuing the writ and on the prevailing party. Upon receipt, execution proceedings regarding the property are automatically suspended and a hearing is conducted with due notice; the Labor Arbiter must resolve within ten (10) working days. The proceedings continue despite the claim only if the prevailing party posts an indemnity bond not less than the value of the property; if claim is valid, the sheriff releases the property and lifts the levy.
Sale requires a notice describing the property, location, date/time/place, and terms. For real property, it generally requires posting for twenty (20) days in three public places, plus publication if assessed value exceeds P50,000. Written notice is given to the losing party. Selling without the required notice renders the execution sale null and void and vests no title in the purchaser.
The writ must be made returnable and returned at any time not less than ten (10) nor more than sixty (60) days after receipt by the sheriff, with written return on its back and filed with the issuing Labor Arbiter/Officer. Failure to return within the stated period subjects the sheriff to a fine of not less than P500.00 or suspension for fifteen (15) days without pay or both.
No. The sheriff shall no longer execute unless an alias writ of execution is duly issued.
If the purchaser is the prevailing party and no third-party claim has been filed, he need not pay the amount of the bid if it does not exceed the amount of the judgment; if it does exceed, he pays only the excess.
If the losing party redeems, the sale’s effect is terminated and he is restored to his estate, by making payments required for redemption (similar to a redemptioner). He may redeem within the entire twelve (12) months after registration of the sale, with successive redemption rules also provided for other redemptioners.
Sheriffs and deputy sheriffs should be in the prescribed uniform of the Commission, wear badges, and carry their identification cards controlled by the Commission for proper identification while enforcing the writ.