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The National Labor Relations Commission (NLRC)
EN BANC RESOLUTION NO. 11 - 06 - Series of 2006

WHEREAS, Rule XI, Section 11, of the 2005 Revised Rules of Procedure of the National Labor Relations Commission provides that:chan robles virtual law library red

“RESOLUTION OF MOTION TO QUASH – The mere filing of a motion to quash shall not stay execution proceedings.  A motion to quash shall be resolved by the Labor Arbiter within ten (10) working days from submission of said motion for resolution”; andchan robles virtual law library red


WHEREAS, there is a need to amend the above-quoted provision to clarify certain issues that may arise in the implementation of the same, and in order not to bastardize the concept of an appeal.  If the affected party really wants to question the Order, the remedy is for him to file an injunction and comply with the requirements therefor.chan robles virtual law library red

WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED THAT Rule XI, Section 11, of the 2005 Revised Rules of Procedure is hereby amended as follows:chan robles virtual law library red

“RESOLUTION OF MOTION TO QUASH – The mere filing of a motion to quash shall not stay execution proceedings.  A motion to quash shall be resolved by the Labor Arbiter within ten (10) working days from submission of said motion for resolution.  An appeal from the Order denying the Motion to Quash the Writ of Execution shall not stop the execution of judgment except when a restraining order is issued by the Commission.”chan robles virtual law library red


Signed this 8th day of September, Cebu City, Philippines.



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