WHEREAS,
Rule-XI, Section 5, of the 2005
Revised Rules of Procedure of the National Labor Relations Commission
Provides that:
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“EXECUTION OF MONETARY JUDGMENT –
x x x
d) Should the cash deposit or surety bond be insufficient, or in case
the surety bond cannot be proceeded against for any reason, the Sheriff
shall, within five (5) days from demand, execute the monetary Judgment
by levying on the property, personal and real, of the losing party not
exempt from execution, sufficient to cover the judgment award, which
may be disposed of for value at the public auction to the highest
bidder.
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x x x”
WHEREAS, there is a need to amend the above-quoted provision to enable
the Commission or the Labor Arbiter to have more control ever the
Sheriffs' conduct. Anyway, what is important is for the judgment
award
to be satisfied.
WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED THAT Rule XI, Section 5,
of the 2005
Revised Rules of Procedure Is hereby amended as follows:
chan robles virtual law library
“EXECUTION OF MONETARY JUDGMENT
– x x x.
chan robles virtual law library
d) Should the cash deposit or surety bond be insufficient or in case
the surety bond cannot be proceeded against for any reason, the Sheriff
shall within five (5) days from demand, execute the monetary judgment
by levying on the property, personal and real, of the losing party not
exempt from execution, sufficient to cover the judgment award, which
may be disposed of for value at the public auction to the highest
bidder. The losing party shall have the option to choose which or his
sufficient properties should be levied first to satisfy the monetary
obligations.
chan robles virtual law library
x x x”
Signed
this 8th day of September, Cebu City, Philippines.
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