WHEREAS,
Rule XI, Section 11, of the 2005
Revised Rules of Procedure of the
National Labor Relations Commission provides that:
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“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”; and
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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.
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WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED THAT Rule XI, Section 11,
of the 2005
Revised Rules of Procedure is hereby amended as follows:
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“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.”
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Signed
this 8th day of September, Cebu City, Philippines.
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