MEMORANDUM OF AGREEMENT

 

 

KNOW ALL MEN BY THESE PRESENTS:

 

            This AGREEMENT entered into by and between:

 

            The NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) represented by Acting Executive Director ROSALINDA D. BALDOZ, with office address at the DOLE Building, Intramuros, Manila;

 

and

 

            The NATIONAL LABOR RELATIONS COMMISSION (NLRC), represented by Chairman BARTOLOME S. CARALE, with office address at National Labor Relations Commission, PPSTA Bldg., Banawe, Quezon City.

 

WITNESSETH:

 

            WHEREAS, Article 224 (a) of the Labor Code, as amended, provides among others, that the voluntary arbitrator may, motu proprio or on motion of any interested party, issue a writ of execution, requiring a sheriff or a duly deputized officer to execute or enforce final decisions, orders or awards of the voluntary arbitrator or panel of voluntary arbitrators;

 

            WHEREAS, Article 224 (b) of the Labor code, as amended, provides among others, that the Secretary of Labor and Employment and the Chairman of the Commission may designate special sheriffs and take any measure under existing laws to ensure of decisions of a voluntary arbitrator or panel of voluntary arbitrators, among others;

 

            WHEREAS, Article 262-A, as amended, provides that upon motion of any interested party, the voluntary arbitrator or panel of voluntary arbitrators or the Labor Arbiter in the region where the movant resides, in case of the absence or incapacity of the  voluntary arbitrator or panel of voluntary arbitrators for any reason, may issue a writ of execution requiring either the sheriff of the Commission or regular courts or any public official whom the parties may designate in the submission to execute the final decision, order or award.

 

            WHEREAS, accredited voluntary arbitrators (AVAS) will, every now and then, need the assistance of sheriffs or sheriff-designates in the execution of their decisions or awards.

 

            NOW THEREFORE, in consideration of the foregoing premises, parties hereto mutually declare and agree as follows:

 

1.                                          That the NLRC and its Regional Arbitration Branches (RABs) shall make available the services of their sheriffs and/or sheriff-designates in the enforcement of writ/s of execution issued by an accredited voluntary arbitrator or panel of accredited voluntary arbitrators;

 

2.                                          That the writs of execution issued by AVAs, which shall contain the dispositive portion of the decision/order or award to be enforced, shall be indorsed by the AVA to the Executive Labor Arbiter (ELA) of the RAB having jurisdiction over the workplace of the complainant/petitioner;

 

3.                                          That the sheriff shall be guided by the NLRC Manual on Execution of Judgment in the enforcement of the decision/award and that any amount collected or garnished by virtue of the writ shall be deposited to the Cashier or the concerned NCMB Regional Branch and shall be released only upon proper order of the AVA;

 

4.                                          That the sheriff or sheriff-designate shall make his return to the AVA who issued the writ, copy furnished the concerned ELA, within ten (10) days after the expiration of the writ setting forth the whole proceedings undertaken in the enforcement of the writ;

 

5.                                          That the NLRC sheriffs or sheriff-designates shall be entitled to reasonable traveling allowance as may be authorized by law or regulation and chargeable to the account of the concerned Regional Branch of the National Conciliation and Mediation Board;

 

6.                                          That parties to this agreement shall ensure the widest dissemination of the terms of this Agreement to all concerned parties and sectors.  They shall likewise ensure the continuing professionalizat6ion of sheriffs and sheriff-designates.

 

This agreement shall take effect upon the signing hereof.

 

IN WITNESS THEREOF, the parties have hereunto affixed their signatures this 26th day of July 1996 at Manila, Philippines.

 

 

SIGNED                                                    SIGNED

ROSALINDA D. BALDOZ                                        BARTOLOME S. CARALE

Acting Executive Director IV                           Chairman

National Conciliation and Mediation Board          National Labor Relations Commission

Department of Labor and Employment               Department of Labor and Employment

 

ATTESTED BY:

 

SIGNED

JOSE M. ESPANOL

Undersecretary

Department of Labor and Employment

 

 

Signed

LEONARDO A. QUISUMBING

Secretary

Department of Labor and Employment